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ORDINANCE 929a t ORDINANCE NO. 929 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING CHAPTER 5.46 TO THE EL SEGUNDO MUNICIPAL CODE ENACTED UNDER SECTION 19 OF ARTICLE IV OF THE STATE CONSTITUTION ALLOWING BINGO GAMES IN THE CITY OF EL SEGUNDO FOR BENEFIT OF CHARI- TABLE ORGANIZATIONS. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 5 of the "El Segundo Municipal Code" is hereby amended by adding thereto Chapter 5.46 which Chapter shall read and be as follows: CHAPTER 5.46 BINGO GAMES 5.46.010 DEFINITION OF "BINGO ". As used in this chapter, "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. 5.46.020 ORGANIZATIONS ELIGIBLE FOR CITY LICENSE TO CONDUCT BINGO GAMES. Corporations, community chests or trusts, Which are: (1) organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, and for the pre- vention of cruelty to children or animals; and (2) exempted from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(c) (2) of the Internal Code of 1954, are eligible to apply to the Director of Finance for a license to conduct bingo games in the City under the pro- visions of Section 326.5 of the Penal Code and the provi- sions of this chapter. 5.46.030 APPLICATION FOR LICENSE. Eligible organizations desiring to obtain such license to conduct bingo games in the City shall file an application in writing therefor with the Director of Finance on a form to be provided by the City. The issuing authority shall be the Director of Finance upon authorization of the City Council. The license issued shall be for a term of one year from the date of issuance, subject to a renewal fee of $25.00. 5.46.040 APPLICANT MUST BE QUALIFIED. No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.46.020 and its application conforms to the requirement, terms and conditions of this chapter. 5()52 5.46.050 CONTENTS OF APPLICATION - -FEE. Said application for a license shall contain the following: The name of the applicant's organization and a state- ment that applicant is an eligible organization under Section 5.46.020. The name and signature of at least two officers, in- cluding the presiding officer of the corporation or community chest and the trustee of any trust. The particular 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. Proposed days of week and hours of day for conduct of bingo games. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the City Manager upon violation of any of such provisions. Said application shall be signed by the applicant under penalty of perjury. The annual license or renewal fee of $25.00 shall accompany the application. The applicant shall also submit, with its application, a Certificate or Determination of Exemption under Section 2370(d) of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing exemption under said Section 2370(d). 5.46.060 INVESTIGATION OF APPLICANT. Upon receipt of the completed application and the fee, the Director of Finance shall refer the same to interested departments of the City including, but not limited to, the City Manager, City Attorney, Police Department, Fire Department, Planning Department and the Building and Safety Department for in- vestigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies and the extent to which it qualifies, as property on which bingo games may lawfully be conducted as to fire, occupancy and other applicable restrictions. A period of not less than thirty days shall be allowed for the purpose of conducting said investigation. 5.46.070 CONTENTS OF LICENSE. Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the City, upon authorization by the City Council the Director of Finance shall issue a license to said applicant, which shall contain the following information: The name and nature of the organization to whom the license is issued. The address where bingo games are authorized to be conducted. -2- 5n5a The occupancy capacity of the room in which bingo games are to be conducted as set forth on the Certificate of Occupancy and /or posting of room capacity as specified in Sections 306 and 3301 (j) of the Uniform Building Code. A description of where the room is located at the address, room size, number of exits, type of seating that will be provided participants and other pertinent information shall be listed. The date of the expiration of such license. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. 5.46.080 SUMMARY SUSPENSION OF LICENSE PENDING OPPOR- TUNITY FOR HEARING -- MISDEMEANOR TO CONTINUE AFTER SUSPENSION -- REVOCATION. Whenever it appears to the Chief of Police that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the Chief of Police shall have the authority to summarily suspend the license and operation of any bingo game. Any person who continues to conduct a bingo game after any summary suspension thereof shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding $500 or by imprisonment in jail for a period not exceeding six months, or by both such fine and imprisonment. The summary suspension shall include the notification of the licensee that it shall have five days from the date of such suspension to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the City Council within said five -day period, shall result in a revocation of the license. Upon such request by the licensee, whose license has been summarily suspended, for a hearing to determine whether such license shall be revoked, the City Council shall provide such hearing within thirty days after receipt of such request by the City, or at a time thereafter agreed upon, at which hearing the suspended licensee may appear before the City Council for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation. Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the City Council makes a determination as to whether the license shall be reinstated. The determination of the City Council on the appeal shall be final. 5.46.090 REVOCATION OF LICENSE -- ALTERNATIVE PROCEDURE. Whenever it appears to the City Manager that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraud- ulent representation and no summary suspension is ordered, under Section 5.46.080 the license may be revoked; provided, -3- 5n54 however, the licensee may appear before the City Council at the time fixed by the City Manager, for the purpose of Presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation. Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the City Council, on an appeal, makes a deter- mination as to whether the license shall be reinstated. The determination of the City Council on the appeal shall be final. 5.46.100 APPEAL OF REVOCATION TO CITY COUNCIL. Any holder of a license whose license is revoked under this chapter shall have the right, within ten days after receiving notice in writing of the revocation, to file a written appeal to the City Council. Such appeal shall set forth the specific ground or grounds on which it is based. The City Council shall hold a hearing on the appeal within thirty days after its receipt by the City, or at a time thereafter agreed upon and shall cause the appellant to be given at least ten days' written notice of such hearing. At the hearing, the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of its appeal. The determination of the City Council on the appeal shall be final. 5.46.110 MAXIMUM AMOUNT OF PRIZE. The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. 5.46.120 PROFITS TO BE KEPT IN SEPARATE FUND OR ACCOUNT. All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. The licensee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, pro- motion, supervision and any other phase of bingo games which are authorized by this chapter. The city by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and licensee shall fully cooperate with the City by making such record available. 5.46.130 FINANCIAL INTEREST IN LICENSEE ONLY. No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. 5.46.140 EXCLUSIVE OPERATION BY LICENSEE. A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision, or any other phase of such game. 5.46.150 BINGO GAMES OPEN TO PUBLIC. All bingo games shall be open to the public, not just to the members of the licensee organization. -4- 5055 5.46.160 ATTENDANCE LIMITED TO OCCUPANCY CAPACITY. Bingo games shall be conducted only within structures approved for public assembly as such is defined in Section 402 of the Uniform Building Code and as evidenced by a valid Certificate of Occupancy as set forth in Section 306 of the Uniform Building Code. Bingo games shall be permitted only in the interior of such structures and licensee shall not reserve seats or space for any person. 5.46.170 BINGO GAMES CONDUCTED ONLY ON LICENSEE'S PROPERTY. A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. 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 an elig- ible organization, upon application under this chapter, 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. 5.46.180 PARKING TO BE PROVIDED. Parking conforming to City standards as set forth in Chapter 20 of this Code shall be provided in an amount equal or exceeding the occupant capacity as determined in Section 5.46.160 divided by the numeral 4. 5.46.190 CONSUMPTION OF ALCOHOLIC BEVERAGES PROHIBITED. The serving and consumption of alcoholic beverages is pro- hibited in the room where bingo games are being conducted. 5.46.200 MINORS NOT TO PARTICIPATE. No persons under the age of eighteen years of age shall be allowed to par- ticipate in any bingo game. 5.46.210 INTOXICATED PERSONS NOT TO PARTICIPATE. No person who is obviously intoxicated shall be allowed to participate in a bingo game. SECTION 2. This ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption thereof, cause the same to be published once in the E1 Segundo Herald, a weekly -5- newspaper of general circulation, published and circulated within said City of E1 Segundo and which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this 19th day of April , 1977. ATTEST: City Clerk (SEAL) WE 5056 r t/1 '2'�h Mayor of the City of E1 Segundo, California sn57 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I. ..... Valerie A. Burrowes , City Clerk of the City of El Segundo, ............. California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. ,929 is a full, true and correct original of Ordinance No. ...929 ...... of the said City of E1 Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING CHAPTER 5.46 TO THE EL SEGUNDO MUNICIPAL CODE ENACTED UNDER SECTION 19 OF ARTICLE IV OF THE STATE CONSTITUTION ALLOWING BINGO GAMES IN THE CITY OF EL SEGUNDO FOR BENEFIT OF CHARI- TABLE ORGANIZATIONS., which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the .. 19th, . day of ... April , .. , , , , , , 19.77....... , and that the same was so passed and adopted by the following vote: AYES: Councilmen ... Bue,, Nagel, ,Rockhold and,Mayor ........................... I............... NOES: Councilmen ... Vap, Vrapken , ............................ ABSENT: .............. None:.... ............................... I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. ...929 .. was duly and regularly published according to law and the order of the City Council of said City in the El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following date, to wit: APR 2.8. 13771 City Clerk of the City of El Segundo, California (SEAL) By.......... ............ .4.................. Deputy