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HomeMy WebLinkAbout1596 ORDINANCE NO. 1596 AN ORDINANCE OF THE CITY OP ARCADIA AMENDING ARCADIA MUNICIPAL CODE SECTION 4216.1.8 REDEFINING NON-PROFIT CHARITABLE ORGANI ZAT ION THE CITY COUNCIL OP THE CITY OF ARCADIA DOES OPJ)AIN AS FOLLOI-IS: SECTION 1. Arcadia Municipal Code Section 4216.1.8 is hereby amended to read as follows: "4216.1.8 SAME. NON-PROFIT CHAfUTABLE ORGI\NIZATION. Non-Profit Charitable Organization shall mean elther one of the following: (a) Any body incorporated under the laws of any State or territory of the Unlted States of AmerIca or any voluntary assoclatlon exempted from the payment of the bank and corporation tax by Sect Lon 23701d of the California State Revenue and Taxation Code and a con- tribution or gift to WhlCh would be a charitable con- tribution under Secuon 170 (c) (2) of the Internal Revenue Code of 1954 of the United States of America, which has been so qualified at least flve (5) consecu- tlve years immedlately prlor to the fl1ing date of its application for bingo license under this Division, and which has, for at least flve (5) consecutive years lmmedlate1y prIor to the tILIng date of Its application for a bingo license held lts regular meetings in the City of Arcadla for performance of the purposes for which it lS organized; or (b) Any body incorporated under the laws of any State or territory of the United States of America or any voluntary assoclation exempted from the payment of the bank and corporatlon tax by Section 2370ld of the Cali- fornia State Revenue and Taxation Code and a contribution 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 ot Amerlca, WhlCh has been so quali- fled at least three (3) consecutIve months immediately prior to the filing date of ltS app1lcatIon for a bingo license under thIS dIVISIon, and which has, for at least three (3) consecutIve mcnths immediately prior to the filing date of its applicatlon for a bingo li- cense held ltS regular meetings In the City of Arcadia for performance of the purposes for which it is organized and which organization was formed: (i) by members of any corporation or voluntary association which has held ltS regular meetlngs ln the City of Arcadia for the purposes for which it was organized for at least five (5) consecutive - 1 - 1596 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." SECTION 2. 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 misde- meanor. Any person convicted of a misdemeanor under any provision 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. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 3. In addition to the penalties provided in the preced- ing 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 con- dition continues shall be regarded as a new and separate offense. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be in- valid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the re- maining 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 uncon- stitutional. SECTION 5. Neither the adoption of this ordinance nor the - 2 - 1596 repeal hereby of any ordinance shall in any manner affect the prosecu- tion for viol'ltion of ordinances, which violations were committed prior to the effective date hereof, nor be construed 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 appertaining shall continue in full force and effect. SECTION 6. The Clerk of the Council shall certify to the pas- sage 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 at its regular meeting held on the 17th SIGNED AND APPROVED this Council of the City day of May, 1977. y of May, 1977. of Arcadia ATTEST: ~U{M0>t~~ CITY CLERK I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia Califor- nia, held on the 17th day of May, 1977, by the affirmative vote of at least three Council members, to wit: AYES: Council Members Gilb, Lauber, Margett, Parry and Sae1id NOES: None ABSENT: None ,{l{a;V ~v ~~ CITY CLERK OF THE CITY OF ARCADIA - 3 - 1596