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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: -1- 1608 (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." -2- 1608 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 -3- 1608 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.~ -4- 1608 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 -5- 1608 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. -6- 1608 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 -7- Mayo 1608 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 . ~ r . c,. \ "/.'7. . . ~/;[-rI~~I./ City Clerk of the City of Arcadia , - ." ' ~-- ~-- -.. ~ ~~ -- /. -8- 1608