HomeMy WebLinkAboutOrd 808-1980 ORDI.NANCE NO. 808-80
AN oRDINANCE REGUkATING T}~. CONDUCT OF BINGO
~.\MS IN ~t~ CITY OF SOUTH SAN FRANCISCO
THE CITY COgNCIL OF THE CITY OF SOU'rH SAN FRANCISCO DOES ORDAIN AS
POLIDWS:
SECTION 1. DEFINITION OF BINGO.
Bingo means a game of chance in which prizes are m~arded on the basis
of designated numbers or symbOls on a card ~hich confom to numbers or
symbols selected at random and shall include cards having numbers or
symbols ~hich are concealed and preprinted in a manner providing for
distribution of prizes. The winning cards shall not be known prior to
the game by any person participating in the playing or operation of the'
bingo game. Ail such preprinted cards shall bear the legendz "for sale
or use only in a bingo game authorized under California law and pursuant
t'o local ordinan~-~'; .... '
.SECTION 2. ' 0RG~NiZATiONS ELIGIBLE TO CON~)UCT BINGO GILES.
Pursuant to the prox~sions of Section 526. $ of the Penal Code of the
State of Caiiformia mud Section 19 of Article IV of the State Constitution,.
those organizatior~ exempted from the payment of Batik and . Corporation Tax
by Section 25701a, 25701b, 25701d, 25701e, 25701f, 25701g and 25701i' of
the Revenue and Taxation Code and by mobilehome park associations and
senior citizens organizations; and provided that the proceeds of such
games are used only for charitable purposes, 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 APPLIC~TION ~h\q) CEMFIFICATES
Any organization desiring to conduct a bingoo~,.~--'~ shall first file
-1-
with the Chief of Police of the City a bingo application which shall contain
the following infomation:
1.) The name of the applicant organization and a statement that the
applicant is a qualified organization to conduct bingo;
2.) The name and signature of at least t~o C2) 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
perfomance of the purposes for which the applicant is organized,
~n which property, bingo games will be conducted~ together with the
occupancy capacity of such place;
4.) Said application shall be signed b.F the applicant under penalty of
perjury.;
S.) The application shall include as~ attachments certificates of the
'Franchise TaX Board and the U.S. Internal 'Revenue Service estab-
lishLng that'the organization is. currently e~empted from the payment
of the Bank' an4 dorporati0n Tax by Section 25.701(d)' of the Revenue
ancl Taxation Cod4e and that a contribution or gift to the organiza-
tion would 5e a charitable contribution under Section 170Cc)(2) of
the 'Internal Revenue Code of 19S2.
'6.) Upon approval of' the application, the ~hief of Police may issue a
permit and said pemit shall be maintained upon the premises where
bingo is played.
-2-
CENTRAL RECORDS
The City may impose a fee of 1%
receipts over five ~housand dollars.
bingo games authorized
Francisco. :
No person unde~ the age of eighteen years of
cipate in any bingo game.
"'SECTION S. LOCATION OF BINC~) GAx~. -
to be held in'the City of
of 'the monthly gross
($5,000) derived from
South San
shall be allowed to patti-
An organization authorized to conduct bingo games pursuant to Section 2
shall conduct a bingo game only on property owned or leased by it, and 'which
property is- used 5y sudi organization for an office or for performance of the
: purposes for w-high the o~an~zation is organized. Nothing in this subdivision
shall be coD_strued to re~oAre that the property owned or leased by the organiza-
tion be used or leased ~(clusivelY by' such organization.
'- SECTION 6. OPT TO ~o~LIC
All bingo games shall be open to the public, not just to the m~mbers of
the org~_ization ~a.tho~_z~d.
-'SECTION 7. STAFFING
A bingo game shall be operated and staffed only by members of the authorized
organization which organized it. Such members shall not receive a pro'it,
wage or salary from any-bingo game'. 0nly the organization authorized to
conduct a bingo game shall op[erate such game or participate in the promotion,
supervision, or any other phase of such game.
-3-
C~NTRAC RE. CORD'.~
"SECTION 8. 'FIN~cLAL INTHP~ST
No individual corporation, partnership or other lezal entity except the
organization authorized to conduct a bingo game shall hold a fi.nm~cial
interest in the conduct of such bingo game.
'S£CrION,,:~: SPECIAL ?I~D/AN~ REPORT
With respect to Organizations exempt from payment of the bank
corporation tax by Section Z3701d of the Revenue and Taxation Code, all
profits derived from a bingo g~me shall be kept in a special fund or account
and shall not 5e comningled with any other fund or account. Such ~rof~ts
shall be used only for charitable purposes. ~.Vith 'respect to other organiza-
tions, authorized to conduct bingo' games pursuant to this section, all proceeds
derived from a bingo game shall be kept in a speci'al fund or account and
shall not be con~ingled with any other fund or account. Such proceeds shall
be used only for charitable purposes, except as follows: 1 .) Such proceeds may
5e used for prizes~ 2.) A portion of such proceeds', not to exce~l 10 percent of
the procardia· -before the deduction for prizes, or five hundred d611ars '($500)
per month~ whic~hever i~ less, may be used for rental of property, overhead,
cluding the puzchas, e of bingo equitzment, and administrative, expenses. 3.). Such
proceeds- may ~e use~ to pay, license fees-.'
An annual re~ol-t, certified by the org~ization'~ .treasurer or president,
showing rece.ipts sn~ disbursements and fund balance arising from 'the bingo
operation, shall be submitted to the Chief of Police within sixt~ {60 days
from ~he close of The organization's fiscal .year. The ~ualifying organiza-
tion agrees tO allOW the Chief of Police of the City of South San Francisco
reasonable access to the organization's financial records for the purpose of
verifying the organization's certified annual report.
-4-
cENTRAL RECORDS
Flt.E. NO.~' ...........................
"SECTION "10. PERSONALLY PRESENT
It shall be unlm4ful for any person to participate ~ a bingo game unles~
such person is phys-ically present at the time and place in which the bingo
gmue is-being conducted.
'SECTION '11. PRIZES
The total value of prizes- awarded during the c6nduct of any biugo.'games
shall not exceed Two Humtred and Fifty Dollars C$250) in cash or kin~ or
both, for each separate game x,~icJ% is held.
vSECTION 1Z. PbNALTY .- PROFIT, t%~CE OR S.~J~ARY
I't is a misdemeanor for. any person to receive or pay a profit, wage or
salary from any bi~o game authorized By Section 19 of Article IV of the State
of California Constitution.
: A violation of this section shall Be punishable '5.y- a fine not to exceed
ten thouse~nd dollars ($!0,000) ~hich fine shall be de, sited in'~he general
fund of t2ne Ci~z ~nic_%~ enacted the ordinance authorizing tI~e bingo game. A
violation of any provq~_~io-n of this section, is ~ a m~sdemeanor.
'. 'SECTION I3. Gb~.RAL Pm---XiALTY --
(a) .%qr. person %~io!ating any of the provisions or f~iling to comply with
any of .~e mandatory requirements of this Ordinance shall be guilt)r of a mis-
demeanor by this Ordinance or Penal Code of the State of California.
· ~) Excep~ in cases'-~ere a different punishment is prescribed by this
Ordinance or. the Penal Code of the State of California, .any person con .v~.'cted
.of a misdemeanor is ptmishaBle by a fine of not mor~ than Five Hundred Dollars
($500), or by imprisonment not to exceed six months, or by both such fine and
imprisonment.
-5-
CENTRAL~ RECO~D~
Dollars ($100) for a second violation of the same
(3) a fine not exceeddm~/%~o Hundred Fifty Dollars
violation of the 'same Ordinance within one year. '
(c) Any person convicted of an infraction for violation of an 0rdinance-
of the City of' South San Francisco, is punishable by (a) a fine not exceeding
Fifty Dollars..($5U) for a first violation; (2) a fine not exceeding One Hundred
Ordinance within one yearl
($250) for each additional
Id) 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 Ci.ty of South San Francisco is committed, contir~ed or permitted b)' m]y
such person, and he shall be punishable accordingly.
SECTION 14. REA~CAI_uN
The Chief of Police may suspend, modify or revoke any pemit issued pur-
suant to this'Ordinance [!) if the information contained in the appl. ication
is materially misleadLng, or (2) the permittee fails to comply with the pro-
visidns of Penal Code Secretion 326.5,
terms- ~nd conditions of the permit.
notice ~o ~/~-e permit-tee at least ten
the provisions of this Ordinance, or the
The Chief of Police shail give written
(10) days prior to the proposal suspension
or revocation which notice shall set a :hearing thereon on said tenth' 'day or
'reasonable continuances thereof. The pemittee may attend said hearing and
submit evidence and infomation. 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 with~ ten (10) days after said
determination. The pemittee may appeal the determination and order of the Chief
of Police by a written notice of appeal to th% City Co~mcil which shall be
filed with the City Clerk within ten (10) days
of the Chief of Police to the permittee.
-6-
after the mailing of the order
cENTRAL RECORDS
SECTION 15. REPEAL OF PRIOR ORDINANCE.
Ordinance No. 753-77 entitled, "An Ordinance Regulating
the Conduct of Bingo Games in the City of South San Francisco,"
adopted December 7, 1977, is hereby repealed, except that the
repeal shall not effect or prevent the prosecution or punishment
of any person for any act done or committed in violation of any
ordinance in effect prior to the effective date of this ordinance.
SECTION 16. 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.
Introduced this ]9th day of December , 1979.
Passed and adopted as an ordinance of the City of South San
Francisco at a ~u]ar meeting of the City Council of the
City of South San Francisco this 2nd day of January , ]980 ,
by the following vote:
AYES:
NOES:
ABSENT-.
Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte,
Terry J. Mirri; and Councilwoman Roberta Cerri Teglia
None
None
ATTEST:
City~
-7-
CENTRAL RECORDS
~ILE .... : ............................ ~
As Mayor of the City of South San Francisco, I do hereby
approve the foregoing Ordinance this 2nd day of January , .198Q'
~/~ ~4x7 Mayor
-8-
CENTRAL RECORDS
FILE NO.: ...~....~-,,~,.~.,.~-
iii II · I IIII