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HomeMy WebLinkAboutOrd 753-1977 ORDINANCE NO. 753-77 AN ORDINANCE REGULATING THE CONDUCT OF BINGO GAMES IN ,THE CITY OF SOUTH SAN FRANCISCO THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN /kS FOLLOWS: SECTION 1. DEFINITION OF BINGO. Bingo means 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. SECTION 2. ORGANIZATIONS ELIGIBLE TO CONDUCT BINGO GAMES. Pursuant to the provisions of Section 326.5 of the Penal Code of the State of California and Section 19 of Article IV of the State Constitution, those organizations eXempted from thePayment of Bank and Corporation Tax by Section 23701(d) of the Revenue and Taxation Code of the State of California and a contribution or gift which would be a charitable contri- bution under Section 170(c) (2) of the Internal Revenue Code of 1952,.~ are hereby allowed to conduct bingo games in the City of South San Francisco provided said organizations have first complied with the section-of this Ordinance. SECTION 3. FILING OF APPLICATION AND CERTIFICATES. Any organization desiring to conduct a bingo game shall first file with the Chief of Police of the City a bingo application which shall con- tain the following information: l) The name of the applicant organization and a statement that the applicant is a qualified organization to conduct bingo; Ill II I I IL 2)' The name and signature of at least two (2) officers, including the presiding officer of the organization. 3} The property within the City, including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place; 4) Said application shall be signed by the applicant under penalty of perjury; 5) The application shall include as attachments certificates of the Franchise Tax Board and the U.S. Internal Revenue Service establishing that the organization is currently exempted from · the payment, of the Bank and Corporation. ~ Tax by Section 23701{d) of the Revenue and Taxation Code and that a contribution or gift to the organization would be a charitable contribution under Section 170(c} (2) of the Internal Revenue Code of 1952. 6) Upon approval of the application, the Chief of Police may issue a permit without charge of any fee and said permit shall be maintained upon the premises where bingo is played. SECTION 4. MINORS. No person under the age of eighteen years of age shall be allowed to participate in any bingo game. SECTION 5. LOCATION OF BINGO GAME. Any organization complying with Section 3 of this Ordinance shall conduct a bingo game only on property owned or leased by it. SECTION 6. OPEN TO PUBLIC. All bingo games allowed herein shall be open to the public, not just to the members of the organization. SECTION-7. STAFFING. A bingo game shall be operated and staffed only by members of the organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game, or participate in the promo- tion, supervision, or any other phase of such game. SECTION 8. FINANCIAL INTEREST. It shall be unlawful for any individUal, corporation, partnership, or other legal entity, except the organization authorized to conduct a bingo game, to hold a financial interest in the conduct of such bingo game. SECTION 9. SPECIAL FUND/ANNUAL REPORT. All profits derived from a bingo game shall be kept by the organization in a special fund or account and shall not be commingled with any other fund or account. An annual report, certified by the organization's treasurer or presi- dent, showing receipts and disbursements and fund balance a~ising from the bingo operation, shall be submitted to the Chief of Police within sixty (60) days from the close of the organization's fiscal year. The qualifying organization agrees to allow the Chief of Police of the City of South San San Francisco reasonable access to the organization's financial records for the purpose of verifying the organization's certified annual report. SECTION lO. PERSONALLY PRESENT. It shall be unlawful for any person to participate in a bingo game ILl I rl · 'l Iii unless such person is physically present at the time and place in which the bingo game is being conducted. SECTION ll. PRIZES. The total value of prizes awarded during the conduct of any bingo games shall not exceed Two Hundred and Fifty Dollars ($250) in cash or kind, or both, for each separate game which is held. SECTION 12. PENALTY - PROFIT, WAGE OR SALARY. No personal shall receive a profit, wage or sralary from any bingo game authorized under this Ordinance. A violation of this Section shall be punishable by a fine not to exceed Ten Thousand Dollars ($10,000), as provided in Section 326.5(c) of the Penal Code, which fine shall be de- posited in the general fund of the City. SECT[ON 13. GENERAL PENALTY. (a) Any person violating any of 'the provisions or failing to comply with any of the mandatory requirements of this Ordinance shall be guilty of an infraction unless the violation is made a misdemeanor by this Ordinance or Penal Code of the State of California. (b) Except in cases where a different punishment is prescribed by this Ordinance or the Penal Code of the State of California, any person convicted of a misdemeanor is punishable by a fine of not more than Five Hundred Dollars ($500), or by imprisonment not to exceed six' months, or by both such fine and imprisonment. (c) Any person convicted of an infraction for violation of an Ordi- nance of the City of South San Francisco, is punishable by (a) a fine not exceeding Fifty Dollars ($50) for a first violation; (2) a fine not exceeding I1,1 I i II · II[ One Hundred Dollars ($100) for a second, violation of the same Ordinance within one year; (3} a fine not exceeding Two Hundred Fifty Dollars {$250} for each additional violation of the same Ordinance within one year. (d) Each 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 Ordinances of the City of South San Francisco, is committed, continued or permitted by any such person, and he shall be punishable accordingly. SECTION 14. REVOCATION. The Chief of Police may suspend, modify or revoke any permit issued pursuant to this Ordinance {1) if the information contained in the appli- cation is materially misleading, or (2) the permittee fails to comply with the provisions of Penal Code Section 326,5, the provisions of this Ordinance, or the terms and conditions of the permit. The Chief of Police shall give written'notice to the permitteeatleast ten {10) days prior to the proposed suspension or revocation, which notice shall set a hearing thereon on said tenth day or reasonable continuances thereof. The permittee may attend said hearing and submit evidence and.information. The Chief of Police upon completion of the hearing shall make a determination as to whether the permit should be suspended, modified or revoked and issue an order thereon within ten {10) days after said determination. The permittee may appeal the deter- mination and order of the Chief of Police by a written notice of appeal to the City Council which shall be filed with the City Clerk within ten (10) days after the mailing of the order of the Chief of Police to the permittee. SECTION 15. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once as required by law, and Shall take effect and be in force thirty (30) days from and after its adoption. 5 IIlll I I · I Imi at a Francisco this Introduced this 16th day of Novem~r , 1977. Passed and adopted as an Ordinance of the City of South San Francisco regular meeting of the City Council of the City of South San 7th day of Dece~Ser , 1977, by the following vote: AYES, COUNCILMEN NOES, " ABSENT, " Richard A. Battaglia, William A. Borba and Emanuele N. Dammnte Terr~ J. Mirri and Leo Padreddii None ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 7th day of Dece~ber , 1977.