ORDINANCE 94351'3
ORDINANCE NO. 943
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING IN VARIOUS PARTICULARS
CHAPTER 5.46 OF THE EL SEGUNDO MUNICIPAL
CODE RELATING TO BINGO GAMES.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. That the Title of Chapter 5.46 of the
"E1 Segundo Municipal Code" is hereby amended so that the same
shall be and read as follows:
BINGO GAMES FOR CHARITABLE PURPOSES.
SECTION 2. That Sections 5.46.020, 5.46.030, 5.46.050,
5.46.070, 5.46.110, 5.46.120 and 5.46.170 of Chapter 5.46 of
the "E1 Segundo Municipal Code" are amended to read as follows:
5.46.020. ORGANIZATIONS ELIGIBLE FOR CITY LICENSE
TO CONDUCT BINGO GAMES. Organizations exempted from the
payment of the bank and corporations tax by Sections 23701a,
23701b, 23701d, 2370le, 23701f, 237018, 23701(1) of the
Revenue and Taxation Code, mobile home park associations
and Senior Citizens organizations, are eligible to apply
to the City for a license to conduct bingo games in the
City under the provisions of Section 326.5 of the Penal
Code and the provisions of this chapter; provided, however,
that (a) such organizations shall have been chartered,
incorporated, or organized, and located within the City
of E1 Segundo at least two years prior to the date of
application for a bingo license; and (b) the proceeds of
such games are used only for charitable purposes.
5.46.030. APPLICATION FOR LICENSE. Eligible organi-
zations 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 $50.00.
If an application for a license is denied, one half of
any license fee paid shall be refunded to the organization.
5.46.050. CONTENTS OF APPLICATION - -FEE. Said appli-
cation for a license shall contain the following:
The name of the applicant's organization and a
statement that applicant is an eligible organization
under Section 5.46.020.
The name and signature of at least two officers
of the applicant organization.
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 perfor-
mance of the purposes for which the applicant is
:il'•Y"
organized, together with the occupancy capacity
of such place. Nothing in this subdivision shall
be construed to require that the property owned or
leased by the organization be used or leased
exclusively by such organization.
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 $50.00 shall
accompany the application.
Where applicant qualifications depend upon an
exemption, the applicant shall also submit, with
its application, a Certificate or Determination of
Exemption under Sections 23701a, 23701b, 23701d,
23701e, 23701f, 237018, 23701(1) 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 one of the eligible
Revenue and Taxation Code Sections.
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.
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 pro-
vided 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.
The licensee shall cause the license to be visibly
posted in a conspicuous place upon the premises where
bingo games are authorized to be conducted, and shall
immediately produce such license for inspection upon
demand of any police officer.
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5.46.110. MAXIMUM AMOUNT OF PRIZE. The total value
of prizes awarded during the conduct of any bingo game
shall not exceed two hundred fifty dollars in cash or kind,
or both, for each separate game which is held.
5.46.120. PROCEEDS TO BE KEPT IN SEPARATE FUND OR
ACCOUNT. (a) All proceeds 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. Such proceeds
shall be used only for charitable purposes, except as follows:
(1) Such proceeds may be used for prizes.
(2) A portion of such proceeds, not to exceed ten
percent of the proceeds after the deduction for prizes,
or Five Hundred Dollars per month, whichever is less,
may be used for rental of property, overhead and
administrative expenses.
(b) The licensee shall keep by separate books full
and accurate records of the income and expenses received
and described in connection with its operation, conduct,
promotion, supervision or any other phase of bingo games
authorized by this chapter. The City, by and through its
authorized officers, shall have the right to examine and
audit such records at any reasonable time and licensee
shall fully cooperate with the City by making such records
available.
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 for ninety or more days prior
to date of application 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 eligible organi-
zation, 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.
SECTION 3. That Sections 5.46.220, 5.46.230 and 5.46.240
are added to Chapter 5.46 of the "E1 Segundo Municipal Code"
to read as follows:
5.46.220. PARTICIPANT MUST BE PRESENT. 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.
5.46.230. INSPECTION OF PREMISES. No person shall
interfere with, prevent, or refuse to permit a police officer
to make an inspection or examination of any premises where
bingo games are authorized to be conducted, for the purpose
of determining whether the licensee is complying with the
provisions of Section 326.5 of the Penal Code and the provi-
sions of this chapter.
9:m
5.46.240. RECEIPT OF PROFIT BY A PERSON A MISDEMEANOR
UNDER STATE LAW. It is a misdemeanor under Section 326.5(b)
of the Penal Code of the State for any person to receive
or pay a profit, wage, or salary from any bingo game authorized
under this chapter, a violation of which is punishable
by a fine not to exceed ten thousand dollars which fine
shall be deposited in the General Fund of the City.
SECTION 4. This ordinance shall become effective at
midnight on the thirtieth day from and after the date of the
final passage and adoption thereof.
SECTION 5. 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
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 1st day of
November , 1977.
ATTEST:
Qi� /riC -(M -e Zatl�
City Clerk
(SEAL)
-4-
Mayor of t e City ot E1 Segundo,
California
01 7
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. .943. .
is a full, true and correct original of Ordinance No. ..943....... of the said City of
El Segundo, California, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO;
CALIFORNIA, AMENDING IN VARIOUS PARTICULARS
CHAPTER 5.46 OF THE EL SEGUNDO MUNICIPAL
CODE RELATING TO BINGO GAMES
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 ..1. it.... day of . November, , , , , , .
19n........ , and that the same was so passed and adopted by the following vote:
AYES: Councilmen . Bue, Nayelr Rockhold, Van Vranken
.............
and Mayor Balmer
NOES: Councilmen . ,None
...... ...............................
ABSENT: Councilmen.., None ................... I..... I...........
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. ...943.. 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: N9Ygnlber �4, 1977 , , , , ,
�G1.. Lei L/
....... . .
.. ...............................
City Clerk of the City of E1 Segundo, California
(SEAL)
By.......... ...............................
Deputy