HomeMy WebLinkAbout1608
ORDINANCE NO. 1608
AN ORDINANCE OF THE CITY OF ARCADIA AMEND-
ING THE CITY OF ARCADIA BINGO CODE SET
FORTH IN DIVISION 6, PART 1, CHAPTER 2,
ARTICLE IV OF THE ARCADIA MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARCADIA
AS FOLLOWS:
SECTION 1.
hereby amended to
,
"4216.1.8
Arcadia Municipal Code Section 4216.1.8 is
read as follows:
SAME. NON-PROFIT CHARITABLE ORGANIZATION.
Non-Profit Charitable Organization shall mean either one of the
following:
(a) Any bona fide senior citizen organization; any church, service
club or fraternal organization incorporated under the laws of any
State or territory of the United States of America or organized as
a voluntary association and exempted from the payment of the bank
and corporation tax by Section 23701b, d, e, f, or 1 of the Cali-
fornia State Revenue and Taxation Code which has been so qualified
at least five (5) consecutive years immediately prior to the filing
date of its application for bingo license under this Division, and
which has, for at least five (5) consecutive years immediately
prior to the filing date of its application for a bingo license
held its regular meetings in the City of Arcadia for performance
of the purposes for which it is organized; or
(b) Any bona fide senior citizen organization; any church, service
club or fraternal organization incorporated under the laws of any
State or territory of the United States of America or organized as
a voluntary association and exempted from the payment of the bank
and corporation tax by Section 23701b, d, e, f or 1 of the Cali-
fornia State Revenue and Taxation Code which has been so qualified
at least three (3) consecutive months immediately prior to the filing
date of its application for a bingo license under this division, and
which has, for at least three (3) consecutive months immediately
prior to the filing date of its application for a bingo license held
its regular meetings in the City of Arcadia for performance of the
purposes for which it is organized and which organization was formed:
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(i) by members of any corporation or voluntary association
which has held its regular meetings in the City of
Arcadia for the purposes for which it was organized
for at least five (5) consecutive years immediately
prior to the filing of aforedescribed organization's
application for bingo license; and
(ii) for the purpose of carrying out one or more of the
purposes of the corporation or voluntary association
described in Section 4216.1.8 (b) (i) above.
(c) The definitions set forth in this Section 4216.1.8 shall be
applicable only to this Division."
SECTION 2. Arcadia Municipal Code Section 4216.2.2.18
is hereby amended to read as follows:
"4216.2.2.18 The six mon th license fee fixed by the
City Council by resolution shall accompany the application; an~"
SECTION 3. Arcadia Municipal Code Section 4216.2.2.19
is hereby amended to read as follows:
"4216.2.2.19 The applicant shall also submit, with its
application, a Certificate or Determination of Exemption under
Section 23701b, d, e, f or 1 of the Revenue and Taxation Code,
and a letter of good standing from the Exemption Division of the
Franchise Tax Board in Sacramento, showing exemption under said
Section 23701b, d, e, f or 1. Bona fide senior citizen organiza-
tions shall be exempt from this requirement unless otherwise
required by the City Council."
SECTION 4. Arcadia Municipal Code is hereby amended by
adding thereto Section 9216.2.2.20 to read as follows:
"4216.2.2.20. That applicant shall not use the proceeds
from such bingo game or games except for charitable purposes."
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SECTION 5. Arcadia Municipal Code Section 4216.2.4
is hereby amended to read as follows:
"4216.2.4 LICENSE FEES. Each such application for
any license shall be accompanied by an application fee estab-
lished from time to time by City Council resolution, which
shall be retained by the City."
SECTION 6. Arcadia Municipal Code Section 4216.2.5
is hereby amended to read as follows:
"4216.2.5 LICENSE FEES NOT REFUNDABLE. The license
fees referred to in Section 4216.2.4 of this Division, shall
become the absolute property of the City and shall not be re-
funded to any such applicant once paid, nor shall such fees be
prorated in any manner whatsoever except as provided from time
to time by resolution of the City Council."
SECTION 7. Arcadia Municipal Code Section 4216.2.6
is hereby amended to read as follows:
"4216.2.6 STATEMENT OF REVENUE AND EXPENDITURE. Each
licensee shall file with the City every six (6) months after
the date of license issuance, and thirty (30) days after license
expiration or revocation, a statement, under oath, showing the
true and correct amount of gross revenue derived from any bingo
game licensed by the license issued to or held by such licensee,
and expenditures of such revenue, for the preceding six months
subject, however, to the right of the City to audit the matters
referred to in the statement and to determine the correctness
of the figures set forth in such statement. In addition to the
foregoing, a certification shall be attached to the statement,
or included therein, which certification or declaration shall be
substantially in the following form: "I hereby declare, under
penalty of perjury, that the foregoing is true and correct.
Licensee." Licensee shall keep all re-
venue derived from a bingo game in a special fund or account
and shall not commingle said revenue with any other fund or
account. A record shall be kept of all expenditures from said
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account or fund. Licensee shall keep a full and accurate
record of the income and expenses received and disbursed in
connection with its operation, conduct, promotion, super-
vision and any other phase of bingo game which are authorized
by this Division, All bingo proceeds shall be used for chari-
table purposes as set forth in Section 6611.2 of this code ex-
cept as modified by California Penal Code ~325.5"
SECTION 8. Arcadia Municipal Code Section 4216.3.1.4
is hereby amended to read as follows:
"4216.3.1.4 The date of the expirat~on of such license,
which date shall be six months after its date of issuance;"
SECTION 9.
is hereby amended
"4216.3.2
Arcadia Municipal Code Section 4216.3.2
to read as follows:
CONSIDERATION AND WAIVER BY CITY COUNCIL
Whenever an application for a license, required under the pro-
visions of this Division, is set for public hearing, and the
license fee required by this Division in connection therewith
has been paid to the Finance Director, the City Council may
consider such application. At the public hearing or before the
public hearing, and at its discretion, and at the request of the
applicant on the application, the City Council may waive the ap-
plication statement requirements of Subsections 4216.2.2.14 and
4216.2.2.5, and may waive the investigations and reports required
by Section 4216.2.7 for those non-profit charitable organizations
applying for no more than three dates during the six-month period
in which to conduct bingo."
SECTION 10. Arcadia Municipal Code Section 4216.4.1 is
hereby amended to read as follows:
"4216.4.1 Licenses. Every license issued pursuant to
the provisions of this Division shall be dated as of the day upon
which the same is issued and unless sooner revoked, shall expire
at midnight on its six-month anniversary date.~
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SECTION 11. Arcadia Municipal Code Section 4216.4.2
is hereby amended to read as follows:
"4216.4.2 RENEWAL OF LICENSES. The holder of an un-
surrendered, unsuspended, unrevoked, and valid license issued
pursuant to the provisions of this Division may have his li-
censes renewed for respective periods of six months only upon
the following terms and condit ions, and not otherwise;"
SECTION 12. Arcadia Municipal Code Section 4216.4.9
is hereby amended to read as follows:
"4216.4.9 RENEWAL OF REVOKED LICENSE, Any non-profit
charitable organization whose license is finally revoked may
not again apply for a license to conduct bingo games in the
City of Arcadia for a period of one (1) year from the date of
such revocation; provided, however, if the ground for revocation
is cancellation of the exemption granted under Section 23701b,
d, e, f or 1 of the Revenue and Taxation Code, such organization
may again apply for a license upon proof of reinstatement of
said exemption."
SECTION 13. Arcadia Municipal Code Section 4216.5.12
is hereby amended to read as follows:
"4216.5.12. A licensee shall conduct a bingo game only
on property owqed or leased by it, and which property is used
by such non-profit charitable organization for an office or for
performance of the purposes for which the non-profit charitable
organization is organized. The license issued under this Divi-
sion shall authorize the holder thereof to conduct bingo games
only on such property, the address of which is stated in the
license. In the event the described property ceases to be used
as an office and as a place for performance of the purposes for
which the licensee is organized, the license shall have no
further force or effect. A new license may be obtained by a
non-profit charitable organization, upon application under this
Division, when it again owns or leases property used by it for
an office or for performance of the purposes for which the
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organization is organized. Aforedescribed property need not be
used or leased exclusively by ~aid organization~"
SECTION 14. Arcadia Municipal Code Section 4216.6.1 is
hereby amended to read as follows:
"4216.6.1 RECEIPT OF PROFIT BY A PERSON A VIOLATION OF
STATE LAW. It is a misdemeanor under Section 326.5(b) of the
Penal Code of the State of California and this Section for any
person to receive or pay a profit, wage, or salary from any bingo
game authorized under this Division, punishable by a fine not to
exceed Ten Thousand and No/lOOths Dollars ($10,000.00), which fine
l~
shall be deposited in the general fund of the City of Arcadia."
SECTION 15. No person shall violate any provision, or
fail to comply with any of the requirements of this ordinance.
Any person violating any of the provisions' or failing to comply
~ <'
with any of the mandatory requirements of this ordinance shall be
guilty of a misdemeanor. Any person convicted of a misdemeanor
under any provision of this ordinance other than Section 14 of
this ordinance shall be punishable by a fine of not more than Five
Hundred Dollars, or by imprisonment in the City Jailor County
Jail for a period not exceeding six months, or by both such fine
and imprisonment. Any person convicted of a misdemeanor under
Section 14 of this ordinance shall be punishable by a fine of not
more than Ten Thousand Dollars, payable to the City of Arcadia
general fund, or by imprisonment in the City Jailor County Jail
for a period not exceeding six months, or by both such fine and
imprisonment. Each such person shall be guilty of a separate of-
fense for each and every day during any portion of which any viola-
tion of any provision of the ordinance is committed, continued, or
permitted by such person and shall be punishable accordingly.
SECTION 16. In a?dition to the penalties provided in the
preceding Section, any condition caused or permitted to exist in
violation of any of the provisions of this ordinance shall be
deemed a public nuisance and may be, by the City, summarily abated
as such, and each day such condition continues shall be regarded as
a new and separate offense.
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SECTION 17. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is, for any reason,
held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this ordinance. The
City Council of the City of Arcadia hereby declares that it
would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the
fact that anyone or more sections, subsections, sentences,
clauses, phrases or portions be declared invalid or unconsti-
tutional.
SECTION 18. Neither the adoption of this ordinance nor
the repeal hereby of any ordinance shall in any manner affect
the prosecution for violation of ordinances, which violations
were committed prior to the effective date hereof, nor be con-
strued as affecting any of the provisions of such ordinance
relating to the collection of any such license or penalty or
the penal provisions applicable to any violation thereof, nor
to affect the validity of any bond or cash deposit in lieu
thereof, required to be posted, filed or deposited pursuant to
any ordinance and all rights and obligations thereunder apper-
taining shall continue in full force and effect.
SECTION 19. The Clerk of the Council shall certify to
the passage and adoption of this ordinance and shall cause the
same to be published in the official newspaper of the City of
Arcadia within fifteen (15) days after its adoption.
PASSED AND ADOPTED BY THE CITY COUNCIL of the City of
Arcadia at its regular meeting held on the 20th day of
September, 1977.
SIGNED AND APPROVED THIS
20th
of September, 1977.
ATTEST: ~/ \
~j~~/1~
City lerk
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I HEREBY CERTIFY that the foregoing ordinance was
adopted at a regular meeting of the City Council of the City
of Arcadia, California! held on the 20th day of
September, 1977, by the affirmative vote of at least three
Council members;
AYES:
NOES:
Council Members Lauber, Margett, Parry & Saelid
None
ABSENT: Councilman Gilb
.
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. c,. \ "/.'7.
. . ~/;[-rI~~I./
City Clerk of the City of Arcadia
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