HomeMy WebLinkAbout1584
STATE OF CALIFORN~A.
County of Los Angeles.
I am a citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years. and riot a party to or interested in the above-
entitled matter. I am the principal clerk of the printer
of the Arcadia Tribune a newspaper of general CIr-
culation. printed and published semi-weekly in the
City of Arcadia. County of Los Angel... and which
newspaper has been adjudged a newspaper of' general
circulation by the Superior Court of the County of
Los Angeles. State of California. under the date of
May II. 1931. Case Number. 32007; that the
nolice. of which the annexed is a printed copy (set in
lype not smaller than nonpareil). has been published
in each regular and entire issue of said newspaper and
not tn any supplement thereof on the following dates.
March 10
...............................
.___..n.h...................
to~wit:
all in the year 19..7.1...
I certify (or declare) under penalty of perl'!ry that
the foregoing is true and correct.
California. this ....~~~~........day
Dated at Arcadia.
77
of March .............................('519;...................
..................f.1~kJ.....<A.,.......~.~/...........
, Signature
PROOF OF PU"
',J
Proof of Publication of
ORDINANCE NO. 158~.............................
.......n..........................-----n................
n.___ .-
..............,...............~...~RD~~~;'raCADIA ADDING I
. AN ORDINA.~f.~~ TO PART I. CBAPTEIU.' DE .
_" f . n~ - -~..I) . .ISfi -.-. --<Cf.J~=.1 f2'JJ..w,ttl,~t;;!r..A.....W .....t:."t'tII"G ~ ' lIeu
", . o,r ~. e!~Jn, ?t to .Jmy'a':lY.SucJt ~ppfication a.nd re't~se to grant the lfc!'ense
DIVISIon. when It alZ~ln Owns or le.ases proJ!e.rty used 'OJ it for an office or
4216.5.13 No person ~halJ be allowed to participat~ in a binso game, un- -,-
I~ss the pets.on lS. phYSically Present at tfle time and place In which the )(
blllgo game lS bemg conducted,
:affi.5.14. Alllig~ts" representations, and displays of en::ry kind and 'j'
, ~ature ~atsoeve:r In, on, or about the location. and p'remises ot any
~ I!censed non-profit. c.hari~ble or:ganization within the City shall at an 0
- U~es be and rema," subject to the approval of the Planning Director of I- I
, the City, of Arcadia and any application for a ~nnjt for any such ligtlts, - ~.
representation.s, and d~la:ys shall be submitted to the CounCil before the
I~t is issued. The failure or refusal of any licensee to immediately, : .
. upon notice from the Planning Director of theCilY, remove any sign, light i
r~resentation, display, or feature which tile Planning Director deems
1obJectionable or undesirable for any reason shall be and constitute ade.
guate and sufficient grounds for the suspension or revocation of the I
license issued to or he1a by such organization pursuant to the provisions of
this Division. .
42I6.S.I5 The Council ordains that it shall be unlawful for any personl
as an operator. agent, and lor employee of any duty li~ non-proflt
charita ole organization to assign, arrange for, or in any other ma:nnersub-
let. directly or indirectly, with or without consideration, to any non-profil
charitable orj!anization not having a valid, unsuspended or unrevoked
license to coriiluct such bingo game. It shall likewise be unlawful for any
person. not baving a valid, W1revoked or unsuspended license to conduct
the game of bingo on the premises of a duly Iicehsed nonllrofit charitable !
organization. It shall also be gTOtInds for the revocation or suspension of
any license issued to any non.profit charitable organization to pennit the
farmif'lg (lul, assigning, (IT subletting.(J{ any bing(J game lawluUy per-
" milted pursuant to the provisions of -this Division.
4216.3.1& The playing of bingo games provided for in this Division shan
be confined to the room descnbed in !lie Iieense, of each licensed non-
profit cbaritable organization. and 1IO.playingof any bingo games p'rovided
. for or permitted by this Division shall be ~rmiUed at any other location
on sucb non-profit charitable org;anization s premises, except in that area
designated as the "bingo room .
4216.5.11 AU bingo premises shaIJ be open for in~tion during aU nor-
mal business hours to the Chief of Police, or his doly authorized represen.
tatives, without a search warrant. '
0\216.5.18 Violations, It shall be unlawful for an)' licensee, or other per-
son to violate any of the rules or regulations set forth in Section :affi.5.
. 4216.5,19 Changes in rules and regulations. The Council reserves the
right to add to amend or repeal 6y ordinat\Ce any of the rules and
regulations set iortll in SeCtion 4216.5 and to so adopt additional rules and
regulations. .
4216.5.20 Emergencies. The Council further reserves the right toad~t
by resolution addilional emergency roles and regulations which shan
become effective immediately upon adoption, and the violation of any
such emergency rules and regulations shall constilute grounds for lhe
sus~nsio.n !Jf;ld revocation of the licenses issued pursuant fo the provisions
of this DIVISion.
ARTIaE IV. PlJBLlC .iEL.~'-R1l MORAU; AND pOLlCY
CHAPrE:R 2. DlSORD1lRL v Unwue... NUISANCES. =-
PART 1. GMffiLlNG I'
DlVl~JON Ii. BINGO G.4ME5 BY CHARITABlE ORGAN!-
. ZATIONS
TITLF: I. UNLA WFUL PROFITS. REMEDIES,
SEVERABILl1Y AND PENALTIES
<tZl6.6.1 RECEIPT Of:' l'HUrrr BY A PERroN A MISDEMEANOR
lJNDE:R SJ'ATE LAW. It is a mWerneaoor lnJer Sectioo 3:!S.5(b~ d the Penal
Cede 01 UwStale dCalifonria '...any _10.......,.,. rrMt..........sala1v
fnlf!l am' ~ game autOOrtzed under this Divisim. a violatim -of whidI fs
P.'flT'fible by a firie oot to exceed Ten 11nlsarxJ and No/1COOls Dollarn l$IO,lnlOO),
"'=, IlleshaJIbe_tedin!he"""""'f<mdd!heCi~'of_
. 42!6.6.2 CITY MA V ENJOIN VlOl.ATlON. The City of An:adia may ~ an
actioo UI a rourtof ~juri9lictbt to enini.. a VioIatilJn,cfSectil.:ll326]a: 111I
the ?em! Code or of this Divisioo. ,.....
. 4216.6.3 SEVERABIUTY. IT any sectioo, SlIOOection or portioo or tnis Divislm
IS for afl}' reasoo held to be invalid or unconstitutional by the decisioo of any oowt
of competenl iW)sdicti!'>. _ _00 shaJI 11Ota1fecl the validity of !he J1!main.
I"~ 0( !h!s. Di\-15ICll. The City CoonciI ~ dedares that. it wouJd have
aawted this DMsioo and eam section, suhsectim or portioo thereof, ~"e
J8ZaaJI ,nOIlOl Y' '~I~~::Jd . , ..
81 S8JUDI.HIIIM S!4J. '91016 e!uJoJ!ll!~ 'el^oJuow
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-Jome::> 'J11l?d ,\<lJi>1UOW ';:mu'a^v
.JPIJaI3 l.lIOOS H;t: ',.{U'6'12sQ --or
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AN ORDINANCE OF THE CITY OF ARCADIA ADD-
ING DIVISION 6 TO PART 1, CHAPTER 2,
ARTICLE IV OF THE ARCADIA MUNICIPAL CODE
ALLOWING NON-PROFIT CHARITABLE ORGANIZA-
TIONS TO CONDUCT BINGO GAMES
WHEREAS, On June 8, 1976, the voters of the State of
California approved an amendment to Article IV, Section 19 of
the California State Constitution by adding thereto Subsection
(c), effective June 9, 1976, allowing the California State
Legislature by Statute to authorize cities and counties to
provide for bingo games, but only for non-profit charitable
purposes; and
WHEREAS, the California State Legislature in its 1975-
1976 Regular Session, approved A.B. 144, Chapter 869 of 1975
Statutes, adding Section 326.5 of the California State Penal
Coder effective the day after voter approval of aforedescribed
amendment to Article IV, Section 19 of the California State
Constitution, authorizing cities and counties, by ordinance,
to permit the conduction of bingo by non-profit charitable
organizations;
NOW, THEREFORE, the Council of the City of Arcadia
does ordain as follows:
SECTION 1. The Arcadia Municipal Code is hereby amended
by adding Division 6 to Part 1, Chapter 2, Article IV which
shall read as follows:
ARTICLE IV.
CHAPTER 2.
PART I.
DIVISION 6.
TITLE 1.
PUBLIC WELFARE, MORALS AND POLICY
DISORDERLY CONDUCT, NUISANCES, ETC.
GAMBLING
BINGO GAMES BY CHARITABLE ORGANIZATIONS
DEFINITIONS
4216.1 DEFINITIONS. For the purposes of this Division,
certain words and phrases used herein are defined as follows:
4216.1.1 SAME. BINGO. Bingo shall mean a game of
chance in which prizes are awarded on the basis of designated
numbers or symbols on a card which conform to numbers or
symbols selected at random.
4216.1.2 SAME. COMMENCE. Commence shall mean and
include commence, begin, initiate, start, open, and establish.
4216.1. 3 SAME.
elude conduct, transact,
operate, and carryon.
CONDUCT. Conduct shall mean and in-
maintain, prosecute, practice, manage,
4216.1.4 SAME. PERSON. Person shall mean and include
person, firm, association, co-partnership, joint venture, and
corporation, whether acting as principal or agent, manager,
clerk, employee, or servant, either for or on behalf on himself
or for any other person, firm, association, co-partnership,
joint venture, corporation, or otherwise.
4216.1.5 SAME. PURPORT TO COMMENCE and PURPORT TO
CONDUCT. Purport to Commence and Purport to Conduct shall
mean and include any showing, representation, indication, or
action which (1) by means of any sign, advertisement, or adver-
tising matter, whether in, upon, or about any premises or
otherwise; or (2) by the appearance or arrangement of any
premises; or (3) by acts or statements of any person, or by
the agents, servants, or employees of any person, indicates,
suggests, holds out, or represents that any person is, would
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4216.1.6 SAME. GAME or GAMES. Game or Games shall
mean bingo only.
4216.1.7 SAME. LICENSE. License shall mean a license
for the conducting of the game of bingo only.
4216.1.8 SMm. NON-PROFIT CHARITABLE ORGANIZATION.
Non-Profit Charitable Organization shall mean any body incor-
porated under the laws of any State or territory of the United
States of America or any voluntary association exempted from
the payment of the bank and corporation tax by Section 23701d
of the California State Revenue and Taxation Code and a contri-
bution or gift to which would be a charitable contribution
under Section 170(c) (2) of the Internal Revenue Code of 1954
of the United States of America, 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.
ARTICLE IV.
CHAPTER 2.
PART 1.
DIVISION 6.
TITLE 2.
PUBLIC WELFARE, MORALS AND POLICY
DISORDERLY CONDUCT, NUISANCES, ETC.
GMiBLING
BINGO GA}ffiS BY CHARITABLE ORGANIZATIONS
LICENSE APPLICATION PROCEDURE
4216.2.1 LICENSE. PBQUlRED. It shall be unlawful for
any person to commence or conduct, or purport to commence or
purport to conduct, within the City, any business, activity,
enterprise, undertaking, or place where tables or other items
or units of furniture are used directly or indirectly for
playing bingo and for the use of which a fee, commission, or
compensation is directly or indirectly charged, accepted, or
received from players or participants in any such playing of
games except non-profit charitable organizations, as defined
in Section 4216.1.8, which shall have first obtained a written
license so to do under and in compliance with the provisions
of this Division.
4216.2.2 LICENSE. APPLICATIONS. Subject to the pro-
visions of Section 4216.2.1 of this Division, and subject to
the provisions of Sections 4216.4.6/ 4216.4.7 of this Division,
any non-profit charitable organization desiring or proposing to
commence or conduct any activity, enterprise, undertaking, or
place named, designated, specified, or referred to in Section
4216.2.1 of this Division for the game of bingo only, shall
file with the Finance Director, on forms approved by the City
Attorney, which shall be furnished free by the Finance Director
for such purpose/ a written application for the license so to
do as required by the provisions of this Division. Each such
application shall contain and clearly and truthfully, under oath
or affirmation, set forth and show, in addition to such other
information as the City Council may require, the following in-
formation:
4216.2.2.1 The date of the application;
4216.2.2.2 The true name of the applicant;
4216.2.2.3 The status of the applicant as being an
ssociation or corporation;
4216.2.2.4 A statement that the applicant is a non-
rofit charitable organization under Section 4216.1.8;
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and business addresses of each of the principal officers and
directors of the association or corporation applicant;
4216.2.2.6 The particular property within the City of
Arcadia, including the street number, owned or leased by the
applicant, used by such applicant for an office or for perfor-
mance of the purposes for which the applicant is organized, on
which property bingo games will be conducted, together with the
occupancy capacity of the room in which bingo is to be conducted;
4216.2.2.7
game proposed to be
other game or games
A statement that the type and .nature of the
played shall be bingo only, and that no
are proposed;
4216.2.2.8 A description of the building and a designa-
tion of the room therein in which bingo is proposed to be per-
mitted and licensed to be housed, giving the dimensions and type
of construction;
4216.2.2.9
all the laws of the
nature proposed;
A statement that such building conforms to
State and the City for occupancies of the
4216~2.2.10 A statement that no intoxicating liquors or
beverages are to be sold, given away, dispensed, consumed, or
permitted in the room in which bingo is to be played;
4216.2.2.11 A statement that the applicant understands
that the application shall be considered by the City Council
only after a full investigation and report have been made by
the Chief of Police, Fire Chief and Building Official or their
authorized representatives;
4216.2.2.12 A statement that the applicant understands
and agrees that any activity conducted or operated under any
license issued under such application shall be operated in full
conformity with all the laws of the State and the laws and regu-
lations of the City applicable thereto, and that any violation
of any such laws or regulations in the premises of the non-profit
charitable organization, or in connection therewith, shall render
any license therefor subject to immediate suspension or
revocation;
4216.2.2.13 A statement that the applicant has read the
rovisions of this Division and particularly the provisions of
ection 4216.2.2 and understands the same;
4216.2.2.14 A statement that the applicant understands
that it may be required, at the request of the City Council, to
submit to the City Council a full and complete financial state-
ent of the applicant, on forms approved by the City Attorney
and furnished by the Finance Director, whether a corporation,
association, or other entity, and a full and complete financial
statement of each officer and/or director of the corporation or
other entity; provided, however, the financial statement required
y this section.shall be a confidential qualified document and
shall not be open to public inspection but shall be available
nly to those City officials having direct jurisdiction over the
rovisions of this Division and to any court of competent juris-
iction where any matter relating thereto may be actually pending;
4216.2.2.15 The fully notarized signatures of the presi-
ent of the non-profit charitable organization, its Secretary,
nder penalty of perjury, Corporate Seal, and resolution of its
overning board authorizing filing of the application;
4216.2.2.16 The desired dates, not more than one (1)
ach week and hours on said dates for conduct of bingo games,
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j by the Finance Director;
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5 4216.2.2.17 That the applicant agrees to conduct bingo
6 games in strict accordance with the provisions of Section 326.5
7 of the Penal Code and this Division, as they may be amended from
8 time to time, and agrees that the license to conduct bingo
9 games may be suspended by the Chief of Police upon violation of
10 any of such provisions;
11
12 4216.2.2.18 The annual license fee fixed by the City
13 Council by resolution shall accompany the application; and
14
15 4216.2.2.19 The applicant shall also submit, with its
16 application, a Certificate or Determination of Exemption Under
17 Section 2370ld of the Revenue and Taxation Code, and a letter
18 of good standing from the Exemption Division of the Franchise
19 Tax Board in Sacramento, showing exemption under said Section
20 23701d.
21
22 4216.2.3 ACCEPTANCE OF FILING. No application for a
23 bingo license shall be deemed as filed with the Finance Director
24 unless and until said application complies in all respects with
25 Section 4216.2.2.
26
27 3216.2.4 LICENSE FEES. Each such application for any
28 license shall be accompanied by an application fee established'
29 from time to time by City Council resolution, which shall be
30 retained by the City for the payment of the costs of issuing
31 the license.
32
33 4216.2.5 LICENSE FEES NOT REFUNDABLE. The license fees
34 referred to in Section 4216.2.4 of this Division, shall become
35 the absolute property of the City and shall not be refunded to
36 any such applicant once paid, nor shall such fees be prorated in
37 any manner whatsoever.
38
39 4216.2.6 STATEMENT OF REVENUE AND EXPENDITURE. Each
40 licensee shall file with the City every six (6) months after
41 the date of license issuance, and thirty (30) days after license
42 expiration or revocation, a statement, under oath, showing the
43 true and correct amount of gross revenue derived from any bingo
44 game licensed by the license issued to or held by such licensee,
45 and expenditures of such revenue, for the preceding six months
46 subject, however, to the right of the City to audit the matteis
47 referred to in the statement and to determine the correctness
48 of the figures set forth in such statement. In addition to the
49 foregoing, a certification shall be attached to the statement,
50 or included therein, which certification or declaration shall
51 be substantially in the following form: "I hereby declare, under
52 penalty of perjury, that the foregoing is true and correct.
53 Licensee." Licensee shall keep all revenue
54 derived from a bingo game in a special fund or account and shall
55 not commingle said revenue with any other fund or account. A
56 record shall be kept of all expenditures from said account or
57 fund. Licensee shall keep a full and accurate record of the
58 income and expenses received and disbursed in connection with
59 its operation, conduct, promotion, supervision and any other
60 phase of bingo game which are authorized by this Division.
61
62 4216.2.6.1 Audit of Records. The books, records, and
63 accounts of any licensee may be audited by the City, such an
64 audit to be performed by a qualified accountant who shall be
65 selected by the Council and/or the Finance Director. Any in-
66 information obtained pursuant to the provisions of this section
67 or any statement filed by the licensees shall be deemed confi-
68 dentia1 in character and shall not be subject to public inspec-
69 tion except in connection with the enforcement of the provisions
70 of this Division. It shall be the duty of the Finance Director
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law with the administration of the provisions
sion or pursuant to the order of any court of
jurisdiction.
- ~ - - UJ.
of this Divi-
competent
4216.2.6.2 Refusal to display records. nny failure
or refusal of any such licensee to make and file any statement
as required within the time required, or to pay such sums by
way of license fees when the same are due and payable in ac-
cordance with the provisions of this Division, or to permit
such inspection of such books, records, and accounts of such
licensee shall be and constitute full and sufficient grounds
for the revocation or suspension of the license of any such
licensee in the sole discretion of the Finance Director.
4216.2.7 INVESTIGATIONS AND REPORTS
4216.2.7.1 Investigations required. Whenever an appli-
cation has been filed with the Finance Director for a license
pursuant to the provisions of this Division, the Finance
Director shall immediately refer such application, or a true
copy thereof, to the (I) City Clerk who shall notify the City
Council of the filing of the application for the purpose of
setting a public hearing date on the application no sooner than
45 days from its date of filing; and (2) to the Chief of Police,
the Fire Chief, and the Building Official who shall promptly and
diligently make an investigation as follows:
4216.2.7.1.1 ~ full and complete investigation of the
applicant (including its officers and members, if any, whose
names and addresses are shown upon the application);
4216.2.7.1.2
building and location
such activity; and
A full and complete investigation of the
where the applicant proposes to conduct
4216.2.7.1.3 A full and complete investigation as to
the type of equipment facilities or units to be used at, or
in connection with, the proposed game and the type of games
proposed to be played, which investigation shall also include
the proposed locations of the equipment facilities or other
units in, within, or about the proposed premises.
4216.2.7.2 Reports required. The Chief of Police and
Building Official shall make such investigations with reason-
able promptness and shall report to the City Clerk with refer-
ence thereto in due time, and the Fire Chief shall make an
investigation with reasonable promptness as to all matters
within his jurisdiction concerning the public health, welfare,
and safety as may be concerned with such application.
4216.2.7.3 Reports prerequisite to City Council Con-
sideration. The city Council shall not consider any applica-
tion for a license until such time as proposed building plans
and specifications have been approved by the Building Official
in writing, stating that such building plans and specifications
fully and completely meet the requirements of all existing
codes, regulations, and rules of the City, nor shall the City
ounci1 consider any such application until the Chief of Police,
ire Chief, and Building Official have made their respective
eports to the City Council.
4216.2.7.4 Time of filing reports. All such reports
hall be filed with the City Clerk within a period of thirty
(30) days after the applications have been referred to the
hief of Police, Fire Chief, and Building Official:
4216.2.7.5 Action in absence of reports. In the event
hat any of such reports are not filed within such thirty (30)
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conOltlons, or deny
the City Council.
ARTICLE IV.
CHAPTER 2.
PART 1.
DIVISON 6.
TITLE 3.
PUBLIC WELFARE, MORALS AND POLICY
DISORDERLY CONDUCT, NUISANCES, ETC.
GAMBLING
BINGO GAMES BY CHARITABLE ORGANIZATIONS
LICENSE CONTENTS, COUNCIL CONSIDERATION,
GROUNDS FOR APPROVAL OR DENIAL
the application in the sole discretion of
4216.3.1 CONTENTS OF LICENSE. After holding a public
hearing on said application and upon being satisfied that the
applicant is fully qualified, under the law, to conduct bingo
games in the City, the City Council may, at its discretion,
issue a license to said applicant, which shall contain the
following informatiOn:
4216.3.1.1 The name and nature of the organization to
whom the license is issued;
4216.3.1.2 The address where bingo games are authorized
to be conducted;
4216.3.1.3 The occupancy capacity of and a description
of the room in which bingo games are to be conducted;
4216.3.1.4 The date of the expiration of such license,
which date shall be December 31 of the calendar year during
which the license is issued;
4216.3.1:5 The dates and the hours on said dates the
licensee is authorized to conduct bingo games; and
4216.3.1.6 Such other information as may be necessary
or desirable for the enforcement of the provisions of this
Division.
4216.3.2 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 calendar year on
which to conduct bingo.
4216.3.3 DECISION OF CITY COUNCIL. The City Council
may, in its discretion, either approve the application and grant
the license applied for or deny the application and refuse to
grant the license applied for.
4216.3.4 LICENSE CONDITIONS. If any such license is
granted by the City Council, the license so granted shall be
subject to all of the terms, conditions, and provisions of this
Division relating to such other further and different rules,
regulations, conditions, and provisions as the Council may have
adopted with reference to such license and such additional rules,
regulations, terms, and conditions, if any, as .the City Council,
in the exercise of its discretion, may see fit to promulgate,
determine, or prescribe for the particular license applied for.
4216.3.5 PUBLIC HEARING: SUBPOENAS. In the event
the application is set for hearing, the City Clerk shall, at
the direction of the Council, cause to be issued and served any
subpoenas as the Council shall direct in accordance with the
provisions of City Charter ~413.
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4216.3.6 DECISION OF CITY COUNCIL FINAL. The decision
of the City Council to approve any such application and grant
the license applied for therein, or to deny any such applica-
tion and refuse to grant the license applied for therein, shall
be final and conclusive.
4216.3.7
Council shall not
the provisions of
GROUNDS FOR DENIAL OF APPLICATION. The City
authorize the issuance of any license under
this chapter in any of the following cases:
4216.3.7.2 If the building in
activity proposed to be conducted does
of buildings of like occupancy; or
which the business or
not meet the requirements
4216.3.7.3 If the building or premises do not comply
the established requirements and regulations relating to
within the City; or
If the game for which a license is applied
4216.3.7.5 If the City Council determines that the
issuance of said license would adversely affect outstanding
licenses or the City's ability to regulate or police bingo
games conducted under such a license; or
4216.3.7.6 If the City Council dete~mines that there
exists information of a derogatory nature concerning the
business stability, personal history, business experience,
reputation, habits and traits of character of the applicant,
its employees, agents, members, officers or directors; or .
4216.3.7.7 If the City Council finds that the issuance
of the license would be injurious to the hea1th, safety or
welfare of the City of Arcadia or citizens of the City of
Arcadia.
4216.3.8 ISSUANCE OF LICENSES. If the action of the
City Council on any such application is to grant the same, the
Finance Director may thereupon issue the license and renewals of
licenses, upon payment of the required fees therefor, until
such time as such license is either surrendered, suspended,
or revoked. No license shall allow more than one date per
calendar week for the playing of bingo.
ARTICLE
CHAPTER
PART 1.
DIVISION 6.
TITLE 4.
PUBLIC WELFARE, MORALS AND POLICY
DISORDERLY CONDUCT, NUISANCES, ETC.
GAMBLING
BINGO GAMES BY CHARITABLE ORGANIZATIONS
LICENSE, EXPIRATION, RENEWAL, TRANSFER,
SUSPENSION, REVOCATION
IV.
2 .
4216.4
EXPIRATION OF LICENSES.
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 December 31st of the calendar year dur-
ing which it was issued.
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pursuant to tne provlslons of this D1V1Slon may have his
licenses renewed for respective periods of one year only upon
the following terms and conditions, and not otherwise;
5216.4.2.1 An application for renewal of any such
license shall be filed with the Finance Director at least
45 days prior to the expiration date of the license for which
renewal is sought.
4216.4.2.2 If such application for renewal is not
filed within the time specified by subsection 4216.4.2.1 of
this section, such licensee may thereafter file a written
application for renewal of any such expired license, but in
such event, such licensee shall pay an additional license fee
of Twenty-Five and NO/100ths Dollars ($25.00) for such
delinquency.
4216.4.3 The application for renewal shall be accom-
panied by a license fee established by resolution of the city
Council from time to time.
4216.4.4 No licenses shall be issued to any licensee
for any additional premises.
4216.4.5 VOIDING LICENSES. If, at any time, it appears
as a fact that any license issued under the provisions of this
Division has been wrongfully or fraudulently obtained or issued,
or used in violation of the provisions of this Division, the
Chief of Police, may declare such fact, and immediately there-
upon any such license shall be null and void.
4216.4.6 NUMBER OF LICENSES LIMITED. The total number
of licenses, for bingo in the City authorized and outstanding,
may be established by resolution of the City Council from time
to time for the entire City.
4216.4.7 TRANSFER AND ASSIGNMENT OF LICENSES PROHIBITED.
No license for a bingo game, or any interest therein, shall be
transferred or assigned in whole or in part by any licensee
holding any such license and any such purported transfer or
assignment shall be null and void.
4216.4.8 SUSPENSION AND REVOCATION OF LICENSES.
4216.4.8.1 Suspension and revocation authorized. All
licenses issued pursuant to this Division shall be subject to
and accepted as subject to:
4216.4.8.1.1 Suspension by the Chief of Police or
Finance Director immediately for any of the grounds for denial
of such license in the first instance, and at any time the
Chief of Police is satisfied that any of the provisions, terms,
or conditions of this Division, the license, or any of the rules
or regulations established by the Council with reference to,
relating to, or which are concerned with either the bingo games,
or activities authorized or licensed by the provisions of this
Division, or the premises wherein the same are located, or the
manner or mode in which such games, or activities are being
conducted, are breached, violated, not complied with, or
disregarded; or
4216.4.8.1.2 Suspension or revocation by the Council
after a public hearing of which at least three (3) days' notice
shall be given to the licensee of the time, place, and purpose
thereof. Such notice may take the form of'an order to show
cause, addressed to the licensee, requiring such licensee to show
cause before the Council at a time, dater and place stated why
the license held by such licensee should not be suspended or
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proposed.
4216.4.8.2 Hearings. At any such hearing, the licensee
may appear either in person or by counselor both in person and
by counsel, and may produce and submit any evidence such licensee
may desire, oral or documentary, which is pertinent to the issues
involved.
4216.4.8.3 Decision final. The decision of the Council,
after such public hearing, shall be final and conclusive.
4216.4.8.4 New licenses.
no new license shal.1 be issued to
application made thereafter as in
In the event of revocation,
such licensee except upon
the case of a new applicant.
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 23701d
of the Revenue and Taxation Code, and IRC 170(c), such organi-
zation may again apply for a license upon proof of reinstatement
of said exemption.
ARTICLE IV.
CHAPTER 2.
PART 1.
DIVISION 6.
TITLE 5.
PUBLIC WELFARE, MORALS AND POLICY
DISORDERLY CONDUCT, NUISANCES, ETC.
GAMBLING
BINGO GAMES BY CHARITABLE ORGANIZATIONS
RULES AND REGULATIONS.
4216.5 Established. The following rules and regulations
are hereby established and promulgated by the Council with
reference to bingo games for which licenses are issued under
the provisions of this Division:
4216.5.1 No intoxicating liquors or beverages shall
be sold, given away, dispensed, consumed, or permitted in the
room in which bingo is played.
4216.5.2 No licensee, or other person in charge or
control of any bingo game operating under any license held or
issued pursuant to the provisions of this Division shall charge
any person playing in any of the games licensed by this Divi-
sion more than five dollars ($5.00) for any one bingo game.
4216.5.3 No licensee, or other person in charge or
control of any game operating under any license held or issued
pursuant to the provisions of this Division shall manage, con-
duct, or carryon any activity licensed by this Division during
any time that such license issued by the City has expired or
has been or is suspended or revoked.
4216.5.4 Bingo games conducted or operated in the City
pursuant to the provisions of this Division shall be conducted
and operated in full conformity with, and subject to, all the
provisions of the laws of the State and of the City.
4216.5.5 No licensee holding a liccnsc pursuant to the
provisions of this Division, and no agent or representative of
such licensee, and no other person in charge or control of any
such licensed premises, game or activity shall:
4216.5.5.1 Permit or allow any person under the age
of eighteen (18) years to play the game of bingo;
4216.5.5.2 Permit or allow any person eighteen (18)
years of age'or over to play the game of bingo, at any time in
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day ot the week; or
4216.5.5.3 Permit or allow any person under the age
of eighteen (18) years at any time to be in the bingo room
covered by or referred to in such license unless accompanied by
parent or guardian.
4216.5.6
to be conducted by
hours specified in
No bingo game shall be
licensee except on the
its license.
conducted or allowed
days and during the
4216.5.7 The total value of prizes awarded during
the conduct of any bingo games shall not exceed Two Hundred
Fifty and No/lOOths Dollars ($250.00) in cash or kind, or both,
for each separate game which is held.
4216.5.8 No individual, corporation, partnership, or
other legal entity except the licensee shall hold a financial
interest in the conduct of such bingo game.
4216.5.9 A bingo game shall be operated and staffed
only by members of the licensee non-profit charitable organi-
zation. Such members shall not receive a profit, wage, or
salary from any bingo game or from the licensee. Only the
licensee shall operate such game, or participate in the promo-
tion, supervision or any other phase of such game.
4216.5.10 All bingo games shall be open to the public,
not just to the members of the licensee non-profit charitable
organization.
4216.5.11 Notwithstanding that bingo games are open
to the pub1ic, attendance at any bingo game shall be limited
to the occupancy capacity of the room in which such game is
conducted as determined by the Fire Department and Building
Department of the City in accordance with applicable laws and
regulations.
4216.5.12 A licensee shall conduct a bingo game only
on property owned 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 Division 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 applica-
tion 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 organization is organized.
4216.5.13 No person shall be allowed to participate in
a bingo game, unless the person is physically present at the
time and place in which the bingo game is being conducted.
4216.5.14. All lights, representations, and displays
of every kind and nature whatsoever in, on, or about the loca-
tion, and premises of any licensed non-profit charitable organi-
zation within the City shall at all times be and remain subject
to the approval of the Planning Director of the City of Arcadia
and any application for a permit for any such lights, represen-
tations, and displays shall be submitted to the Council before
the permit is issued. The failure or refusal of any licensee
to immediately, upon notice from the Planning Director of the
City, remove any sign, light, representation, display, or
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lld_L.L ue dllU COnSt.lt.Ut.e aoequate
and sufficient grounds for the suspension or revocation of
the license issued to or held by such organization pursuant
to the provisions of this Division.
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59 4216.6.1 RECEIPT OF PROFIT BY A PERSON A MISDEMEANOR
60 UNDER STATE LAW. It is a misdemeanor under Section 326.5(b)
61 of the Penal Code of the State of California for any person to
62 receive a profit, wage, or salary from any bingo game authori-
63 zed under this Division, a violation of w~ich is punishable by
64 a fine not to exceed Ten Thousand and No/100ths Dollars
65 ~O,OOO.OO), which fine shall be deposited in the general fund
66 of the City of Arcadia.
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4216.5.15 The Council ordains that it shall be unlawful
for any person, as an operator, agent, and/or employee of any
duly licensed non-profit charitable organization to assign,
arrange for, or in any other manner sublet, directly or in-
directly, with or without consideration, to any non-profit
charitable organization not having a valid, un suspended or
unrevoked license to conduct such bingo game. It shall likewise
be unlawful for any person, not having a valid, unrevoked or
un suspended license to conduct the game of bingo on the premises
of a duly licensed non-profit charitable organization. It shall
also be grounds for the revocation or suspension of any license
issued to any non-profit charitable organization to permit the
farming out, assigning, or subletting of any bingo game lawfully
permitted pursuant to the provisions of this Division.
4216.5.16 The playing of bingo games provided for in
this Division shall be confined to the room described in the
license, of each licensed non-profit charitable organization,
and no playing of any bingo games provided for or permitted by
this Division shall be permitted at any other location on such
non-profit charitable organization's premises, except in that
area designated as the "bingo room".
4216.5.17 All
tion during all normal
or his duly authorized
warran t.
bingo premises shall be open for inspec-
business hours to the Chief of Police,
representatives, without a search
4216.5.18 Violations. It shall be unlawful for any
licensee, or other person to violate any of the rules or regu-
lations set forth in Section 4216.5.
4216.5.19 Changes in rules and regulations. The
Council reserves the right to add to, amend, or repeal by
ordinance any of the rules and regulations set forth in
Section 4216.5 and to so adopt additional rules and regulations.
4216.5.20 Emergencies. The Council further reserves
the right to adopt by resolution additional emergency rules
and regulations which shall become effective immediately upon
adoption, and the violation of any such emergency rules and
regulations shall constitute grounds for the suspension and
revocation of the licenses issued pursuant to the provisions
of this Division.
ARTICLE
CHAPTER
PART 1.
DIVISION 6.
TITLE 6.
PUBLIC WELFARE, MORALS AND POLICY
DISORDERLY CONDUCT, NUISANCES, ETC.
GAMBLING
BINGO GAMES BY CHARITABLE ORGANIZATIONS
UNLAWFUL PROFITS, REMEDIES, SEVERABILITY
AND PENALTIES
IV.
2.
4216.6.2 CITY MAY ENJOIN VIOLATION. The City of Arcadia
ay bring an action in a court of competent jurisdiction to
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4 4216.6.3 SEVERABILITY. If any section, subsection or
5 portion of this Division is for any reason held to be invalid
6 or unconstitutional by the decision of any court of competent
7 jurisdiction, such decision shall not affect the validity of
8 the remaining portion of this Division. The City Council hereby
9 declares that it would have adopted this Division and each
10 section, subsection or portion thereof, irrespective of the fact
11 that anyone or more sections, subsections or portion be declared
12 invalid or unconstitutional.
13
14 4216.6.4 PENALTIES. Any person violating any of the
15 provisions of this Division or any of the rules and regulations
16 set forth, established or promulgated in this Division shall be
17 guilty of a misdemeanor punishable under Section 1200 of the
18 Arcadia Municipal Code.
19
20 SECTION 2. No person shall violate any provision, or
21 fail to comply with any of the requirements of this ordinance.
22 Any person violating any of the provisions or failing to comply
23 with any of the mandatory requirements of this ordinance shall
24 be guilty of a misdemeanor. Any person convicted of a misdemeanor
25 under any provision of this ordinance shall be punishable by a
26 fine of not more than Five Hundred'Dollars, or by imprisonment
27 in the City Jailor County Jail for a period not exceeding six
28 months, or by both such fine, and imprisonment. Each such person
29 shall be guilty of a separate offense for each and every day
30 during any portion of which any violation of any provision of
31 the ordinance is committed, continued, or permitted by such
32 person and shall be punishable accordingly.
33
34 SECTION 3. In addition to the penalties provided in the
35 preceding Section, any condition caused or permitted to exist in
36 violation of any of the provisions of this ordinance shall be
37 deemed a public nuisance and may be, by the City, summarily
38 abated as such, and each day such condition continues shall be
39 regarded as a new and separate offense.
40
41 SECTION 4. If any section, subsection, sentence, clause,
42 phrase or portion of this ordinance is, for any reason, held to
43 be invalid or unconstitutional by the decision of any court of
44 competent jurisdiction, such decision shall not affect the
45 validity of the remaining portions of this ordinance. The City
46 Council of the City of Arcadia hereby declares that it would
47 have adopted this ordinance and each section, subsection,
48 sentence, clause, phrase or portion thereof irrespective of the
49 fact that anyone or more sections, subsections, sentences,
50 clauses, phrases or portions be declared invalid or unconsti-
51 tutional.
52
53 SECTION 5. Neither the adoption of this ordinance nor
54 the repeal hereby of any ordinance shall in any manner affect the
55 prosecution for violation of ordinances, which violations were
56 committed prior to the effective date hereof, nor be construed
57 as affecting any of the provisions of'such ordinance relating to
58 the collection of any such license or penalty or the penal pro-
59 visions applicable to any violation thereof, nor to affect the
60 validity of any bond or cash deposit in lieu thereof, required
61 to be posted, filed or deposited pursuant to any ordinance and
62 all rights and obligations thereunder appertaining shall continue
63 in full force and effect.
64
65 SECTION 6. The Clerk of the Council shall certify to
66 the passage and adoption of this ordinance and shall cause the
67 same to be published in the official newspaper of the City of
68 Arcadia within fifteen (15) days after its adoption.
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March,
1977 .
SIGNED AND APPROVED THIS 1st
day of March,
1977 .
~):~
MA OR, FLORETTA K. LAUBER
ATTEST:
e4L-----
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 1st day of March, 1977,
by the affirmative vote of at least three Council members.
AYES:
Councilmen Gilb, Margett, Parry, Saelid
and Lauber
None
NOES:
ABSENT: None
c2..
CITY CLERK, CHRISTINE
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