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Ordinance 1870CITY OF ALAMEDA ORDINANCE NO. 1870. New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING ARTICLE 3 TO CHAPTER 2 OF TITLE XVI THEREOF DEFINING AND REGULATING BINGO GAMES FOR CHARITY, PRESCRIBING PENALTY FOR VIOLATIONS THEREOF, AND RELATING TO CITATION PROCEDURE FOR VIOLATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that: Section 1 . Chapter 2 of Title XVI of the Alameda Municipal Code is hereby amended by adding Article 3 thereto to read as follows: ARTICLE 3 BINGO GAMES FOR CHARITY Sec. 16 -231 Authority The following regulations relating to bingo games for charity are enacted under Section 19 of Article IV of the State Constitution and implementing provisions of Section 326.5 of the State Penal Code. Sec. 16 -232 Definitions (a) "Bingo" shall mean 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. (b) "Nonprofit, Charitable Organization" shall mean an organization exempt from the payment of Bank and Corporation Tax by Section 23701(d) of the -1- Revenue and Taxation Code of the State of California and a contribution or gift to which would be a charitable contribution under Section 170(c) (2) of the Internal Revenue Code of 1954 provided said organization has first complied with the provision of Section 16 -234 of this Code. Sec. 16 -233 Organizations Eligible to Conduct Bingo Games Nonprofit, charitable organizations are hereby allowed to conduct bingo games in the City of Alameda in the manner permitted by the provisions of Section 326.5 of the State Penal Code and the regulatory provisions of this Code. Sec. 16 -234 Application for Permit Prior to an organization conducting a bingo game in the City of Alameda as herein allowed, said organization shall apply for a permit with the City Manager of the City of Alameda, and shall file with said application Certificates of the Franchise Tax Board and the U. S. Internal Revenue Service that show that the organization is currently exempted from the payment of the Bank and Corporations 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 1954. Sec. 16 -235 Term of Permit A permit when issued shall be for a term of one year from the date of issuance subject to renewal and annual service fee at which time -2- current certificates described in Section 16 -234 shall be submitted with the renewal application. Sec. 16 -236 Fee Schedule Service Fee (non - refundable) $25.00 Appeal Fee (non - refundable) 25.00 Permit Fee (on issuance) 55.00 Renewal Fee (on issuance) 20.00 Sec. 16 -237 Applicant Must be Qualified No permit shall be issued to any organization unless such applicant is a nonprofit, charitable organization as defined by Section 16- 232(b) and its application conforms to the requirements, terms, and conditions of this Code. Sec. 16 -238 Application An application for a permit as provided by Section 16 -234 of this Code shall be made to the City Manager upon forms provided by the City of Alameda. The application herein required shall contain the following information: (a) The name, address or headquarters of the person applying for the permit. (b) The name(s), address(es), and signature(s) of the applicant(s) principal officer(s) including the presiding officer authorizing the submission of application and the necessary certificates, including the service fee posted in the office of the City Clerk. (c) An attached list of all members of the organ- ization who will operate the bingo games including full names and dates of birth. (d) The particular property within the City of Alameda, including the street number on which bingo -3- games will be conducted; whether the property is owned or leased by the applicant; its primary use for which the applicant is organized; and, the occupancy capacity of such property. (e) Proposed hours and days of the week when bingo games will be conducted. (f) The name(s) of the financial institution(s) where funds derived from the bingo games shall be deposited. (g) A full statement of the character and extent of the nonprofit, charitable work to be done with the funds derived from authorized bingo games. (h) A statement to the effect that if said permit is granted, it will not be used or represented in any way as an endorsement by the City of Alameda, or by any department, or officer thereof. (i) That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the State Penal Code and the provisions of this Code and its amendments, and further agrees that the permit to conduct bingo games may be summarily suspended by the Chief of Police and /or revoked by the City Manager upon violation of any such provisions of this Code. (j) Said application shall be signed by the presiding officer of the applicant under penalty of perjury. -4- Sec. 16 -239 Investigation of Applicant Upon receipt of the completed application and fee the application shall be forwarded for review and approval to the Chief Building Inspector, Planning Director, Fire Chief, and Police Chief. Each department in their area of concern shall make a determination that the applicant's statements are true, applicant's property qualifies and to the extent to which it qualifies, as property on which bingo games may be law- fully conducted, as to fire, occupancy and other applicable restrictions. Sec. 16 -2310 Standards for Disapproval of Permit Application The City Manager shall approve the issuance of a permit unless the application is incomplete; statements in the application are false or the applicant does not meet any of the requirements of this Ordinance. Sec. 16 -2311 Appeal of Denial of Permit The Applicant may file an appeal and fee of the decision of the City Manager. A hearing shall be held in a manner as provided for in Section 13 -218 of the Municipal Code. Sec. 16 -2312 Contents of Permit Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the City, the City Manager's Office shall issue a permit to said applicant, which shall contain the following information: (1) The name and nature of the organization to whom the permit is issued. (2) The address where bingo games are authorized to be conducted. �'fl (3) The occupancy capacity of the room in which bingo games are to be conducted. (4) The date of the expiration of such permit. (5) Such other information as may be necessary or desirable for the enforcement of the provisions of these regulations. Sec. 16 -2313 Inspection Any peace officer of the City shall have free access to any bingo game authorized under these regulations. The permittee shall have the bingo permit, the list of approved staff, and proof of ownership of the bingo equipment available for inspection at all times during any bingo game. It shall be unlawful for any person to interfere, block doorways, or otherwise impede the efforts of a peace officer to make such inspections. Sec. 16 -2314 Equipment The permittee must own the gaming equipment necessary to conduct the bingo games. No equipment may be rented, leased, or shall any fee be paid to anyone for such gaming equipment used in bingo games. Proof of ownership shall be displayed to any peace officer of the City upon request. Sec. 16 -2315 Maximum Amount of Prize The total value f prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held. -6- Sec. 16 -2316 Profits - 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 permittee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by these regulations. The City, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and permittee shall fully cooperate with the City by making such records available. Sec. 16 -2317 Financial Interest - Permittee Only No individual, corporation, partnership, or other legal entity except the permittee shall hold a financial interest in the conduct of such bingo game. Sec. 16 -2318 Exclusive Operation by Permittee A bingo game shall be operated and staffed only by members of the permittee organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only permittee shall operate such game, or participate in the promotion, supervision or any other phase of such game. Sec. 16 -2319 Bingo Games Open to Public All bingo games shall be open to the public. Sec. 16 -2320 Attendance Limited to Occupancy Capacity Notwithstanding that bingo games are open to the public, -7- attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department and Building Inspection Division of the City in accordance with applicable laws and regulations. Permittee shall not reserve seats or space for any person. Sec. 16 -2321 Bingo Games Conducted on Property Utilized by Permittee for its Charitable Purposes A permittee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for the performance of the purposes for which the organization is organized. The permit issued hereunder 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 a place for the performance of the purposes for which the permittee is organized, the permit shall have no further force or effect. A new permit may be obtained by an eligible organization, upon application under these regulations. Sec. 16 -2322 Minors Not to Participate No person under the age of eighteen (18) years of age shall enter or remain or be permitted to enter or remain in any place while bingo games are being played, nor shall such person participate or be permitted to participate directly or indirectly in any bingo game conducted or being played in any place where bingo games are authorized. -8- Sec. 16 -2323 Alcoholic Beverages No alcoholic beverages shall be consumed, sold, or given away, served or delivered to any person within the place where any bingo games are being conducted, nor shall any bingo game be conducted on any premises licensed to serve alcoholic beverages. Sec. 16 -2324 Hours of Operation No permittee shall conduct any bingo game more than four hours out of any twenty -four hour period. No bingo game shall be conducted before 10:00 A.M. nor after midnight of any day. Sec. 16 -2325. 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. Sec. 16 -2326 Receipt o£ Profit by a Person a Misdemeanor Under State Law It is a misdemeanor under Section 326.5(b) of the State Penal Code for any person to receive a profit, wage, or salary from any bingo game authorized hereunder, a violation of which is punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the City of Alameda. Sec. 16 -2327 Summary Suspension of Permit (a) . Whenever it appears to the Chief of Police or his representative that the permittee is conducting a bingo game in violation of any of these provisions, said Chief of Police or his representative shall have the authority to summarily suspend the permit for the -9- day in question and order the permittee to immediately cease and desist any further operation of any bingo game on said day. (b) Any person who continues to conduct a bingo game after any summary suspension thereof under sub- section (a) shall be deemed guilty of a misdemeanor and upon conviction thereof, shall. be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Sec. 16 -2328 Revocation of Permit - Hearing whenever it appears to the City Manager that the permittee has been or is conducting bingo games in violation of State Penal Code Section 326.5 or any of these provisions, or that the permit was obtained by fraudulent representation, the permit may be revoked. No permit shall be revoked unless written notice shall have first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to the permittee at the address given in the application. The notice shall set forth a summary of the ground(s) advanced as the basis of the revocation. At the hearing before the City Manager or a Hearing Officer in the manner provided by Section 13 -218 of this Code the permittee or its authorized representative shall have the right to present evidence and a written or oral -10- argument, or both, in response. The City Manager or the Hearing Officer shall not be bound in the conduct of such hearing by the common law or statutory rules of evidence and procedure, but inquiry shall be made in such a manner to ascertain the substantial rights of the public and the permittee. No decision shall be invalidated because of the m cs ri ,� I � I admission into the record and the use as any proof of any fact in dispute of any evidence not admissible under the common law or statutory rules of evidence. Within twenty (20) days after close of hearing the City Manager shall enter his decision based upon the record presented, and notify in writing, the permittee of such decision. The decision of the City Manager shall be final. Sec. 16 -2329. City May Enjoin Viola The City of Alameda may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the State Penal Code or of these regulations. Section 2 . This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. L Presidin ficer of the Council Attest: City Clerk -11- I, the undersigned, hereby certify that the foregoing Ordinance: was duly and regularly adopted rnd passed by the Council of the City of Alaweda.. in tvLivilar westing Lssec6led on the 7th day of June. 1977, by the ft * SIOWifiy vote, to wit: AYES: Councilman Dia.-.'ient, Sharratt. Tillman and Pvasident Corica, (4). NOES: None. ASSUM Councilman Becicam (1). IN WITNESS WHEREOF. I have hevewito set my hand & affixed the official seal of Said City this, 3th day of June, 1977.