Ordinance 2717CITY OF ALAEDA ORDINANCE NO.
New Series
2717
AMENDING THE ALAMEDA MUICIPAL CODE BY AMENDING
SUBSECTIONS 5-24.24.24.4, 5-24.8d, 5-24.16 AND
24.21 OF SECTION 5-24 (BINGO GAMES FOR CHAITY)
CHAPTER V, (LICENSES AND PERMITS), THEREOF, REGULATING
BINGO GAMES FOR CHAITY
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1 The Alameda Municipal Code is hereby amended by
amending Subsection 5-24.(Definitions) of Section 5-24 (Bingo
Games for Charity) of Chapter V, (Licenses and Permits), thereof,
to read:
24.Definitions.
As used in this section:
Authorized organizations shall mean those organizations exempt
from the paYment of the bank and corporation tax by Sections
23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 237011, of the
Revenue and Taxation Code; mobile home park associations; or senior
citizens organizations; provided that the proceeds of such gamesare used only for chari table purposes.
Bingo shall mean a game ot chance in which prizes are awarded
on the basis of designated numbers or sYmbols on a card which
conform to numbers or sYmols selected at random. This definition
applies exclusively to this section and shall not be applied in the
construction or enforcement of any other provision of law.
Section 2 The Alameda Municipal Code is hereby amended by
amending Subsection 5 -24 (Authorized Organizations Permitted to
Conduct Bingo Games) to Section 5-24 (Bingo Games for Charity) of
Chapter V (Licenses and Permits) thereof to read:
24.
Games.
Authorized Organizations Per.i tted to Conduct Bingo
Authorized organizations are hereby allowed to conduct bingo
games in the City in the manner permitted by the provisions of
Section 326.5 of the State Penal Code and the regulatory provisions
of this Code.
Section 3 The Alameda Municipal Code is hereby amended by
amending Subsection 5-24.4 (Application for Permit) of Section 5-
(Bingo Games for Charity) of Chapter V, (Licenses and Permits)
thereof to read:
24.Applica tion for Per.i t .
Before an organization may conduct a bingo game in the city
herein authorized, the organization shall apply for a permit with
the City Manager or his/her designee and where applicable, shall
file with the application either certificates of the Franchise Tax
Board or United States Internal Revenue Service which show that the
organization is currently exempted from the paYment of the bank and
corporations tax by Sections 23701a 23701b, 23701d, 23701e,
23701f, 23701g and 237011 of the Revenue and Taxation Code or if a
senior citizens organization or a mobile home park association,
Articles of Incorporation or Bylaws.
Section 4 The Alameda Municipal Code is hereby amended by
amending Subsection 5-24. 8d (Application Contents) of Section 5-
(Bingo Games for Charity) of Chapter V (Licenses and Permits)
thereof to read:
24.Application Contents.d. The particular property within the City, including the
street number at which bingo games will be conducted; whether the
property is owned, leased, or donated by the applicant; the primary
use for which the applicant is organized; and, the occupancy
capacity of such property.
Section 5 The Alameda Municipal Code is hereby amended by
also amending Subsection 5-24.16 and 5-24.16(b) (Profits, Separate
Fund or Account) of Section 5-24 (Bingo Games for Charity) ofChapter V (Licenses and Permits) thereof to read:
24.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 theseregulations. The City, by and through its authorized officers
shall have the right to examine and audit such records at any
reasonable time and permittee shall fully cooperate with the City
by making such records available. With respect to organizations
exempt from payment of bank and corporation tax by Section 23701d
of the revenue and taxation code , all profits derived from a bingo
game shall be kept in a special fund or account. Those profitsshall be used only for charitable purposes. All permittees shall
keep full and accurate records of the income and expenses received
and disbursed in connection with its operation , conduct, promotion,
supervision and other phase of bingo games which are authorized by
these regulations.
24.16 (b) A portion of such proceeds, not to exceed
twenty percent (20%) of the proceeds before the deduction for
prizes, or two thousand dollars ($2,000) per month, whichever is
less, may be used for rental of property, overhead, administrative
expenses, security equipment and security personnel.
Section 6 The Alameda Municipal Code is hereby amended by
amending Subsection 5-24.21 (Bingo Games Conducted on Property
Utilized by Permittee for its Charitable Purposes) of Section 5-
(Bingo Games for Charity) of Chapter V (Licenses and Permits),
thereof to read:
24.21 Bingo Games ConductedPer.i t tee for its Chari table Purposes.
Property Utilized
An organization authorized to conduct bingo games
pursuant to subsection 5-24.2 shall conduct a bingo game only on
property owned or leased by it, or donated to it, and which
property is used by such organization for an office or for
performance of the purposes for which the organization isorganized. Nothing in this subsection shall be construed to
require that the property be used or leased exclusively by suchorganization. The permit issued hereunder shall authorize the
holder thereof to conduct bingo games only on such property, the
address of which is stated on the application.
Section 7 This ordinance shall be in full force andeffect from and after the expirat ion of thirty (30) days from the
date of its final passage.
Ci ty Council
Attest:
4tf
ity Clerk
the undersigned hereby certify that the foregoing
Ordinance was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 2nd
day of January , 1996 , by the following vote to wit:
AYES:Councilmembers Arnerich , DeWitt, Lucas
Mannix and President Appezzato -
NOES:None.
ABSENT:None.
ABSENTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the
official seal of said City this 3rd day of January , 1996.
411o ittDian B. Felsch, City Clerk
Ci ty of Alameda