HomeMy WebLinkAbout1090ORDINANCE NO.1090 (1987 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO,
AMENDING SECTIONS 5.32.120 (KEEPING OF PROFITS OR PROCEEDS
IN SEPARATE FUND OR ACCOUNT) AND 5.32.210 (RECEIPT OF
PAYMENT OF PROFITS BY PERSON CONSTITUTES A MISDEMEANOR
UNDER STATE LAW) OF CHAPTER 5.32 (BINGO)
AND REPEALING SECTION 5.32.220 (PERCENTAGE OF GROSS
RECEIPTS TO BE USED ONLY FOR CHARITABLE PURPOSES)
OF CHAPTER 5.32 OF THE SAN LUIS OBISPO MUNICIPAL CODE
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Section 5.32.120 of the San Luis Obispo Municipal Code is
hereby amended to read as follows:
5.32.120 Keeping of Profits or Proceeds in Separate Fund or Account.
A. With respect to organizations exempt from payment of the bank and
corporations tax by Section 23701(d) of the Revenue and Taxation Code, 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. Such
profits shall be used only for charitable purposes.
B. With respect to other organizations authorized to conduct bingo
games pursuant to this section, all proceeds derives from a bingo game
shall be kept in a special fund or account and shall not be commingled
with any other fund or account. Proceeds are the receipts of bingo games
conducted by organizations not within subsection A of this section. 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 twenty percent of the
proceeds before the deduction for prizes, or one thousand dollars
per month, whichever is less, may be used for rental of property,
overhead, including the purchase of bingo equipment,
administrative expenses, security equipment and security
personnel.
3. Such proceeds may be used to pay license fees.
4. If the monthly gross receipts from bingo games conducted by an
organization within this subsection B exceed five thousand
dollars, at least ten percent of the proceeds shall be used only
for charitable purposes not related to the conducting of bingo
games; the balance shall be used for prizes, rental of property,
overhead, administrative expenses and payment of license fees,
subject to the limitations specified in subsection A2 of this
Section 5.32.120.
C) 1 oan
Ordinance No. 1090 (1987 Series)
Page 2
C. The licensee shall keep full and accurate records of the income
and expenses which are authorized by this chapter.
D. The city, by and through its authorized officers, shall have the
right to examine and audit such record at any reasonable time and the
licensee shall fully cooperate with the city by making such record
available.
SECTION 2. Section 5.32.210 of the San Luis Obispo Municipal Code is
amended to read as follows:
It shall be a misdemeanor under Section 326.5(b) of the Penal Code of
the state for any person to receive a profit, wage or salary from any
bingo game authorized under this chapter; provided, security personnel
employed by the licensee may be paid from the revenues of bingo games
subject to the limitations specified in Section 5.32.120. A violation of
this section is punishable by a fine not to exceed ten thousand dollars,
which fine shall be deposited in the general fund of the city.
SECTION 3. Section 5.32.220 of the San Luis Obispo Municipal Code is
hereby repealed.
SECTION 4. This Ordinance, together with the ayes and noes, shall be
published once in full, at least three (3) days prior to its final passage
in the Telegram- Tribune, a newspaper published and circulated in said
City, and the same shall go into effect at the expiration of thirty (30)
days after its said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the 19th day of May , 1987, on motion
of Councilman Settle , seconded by Councilwoman Rappa ,
Ordinance No. 1090 (1987 Series)
Page 3
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: None
or Ron Dunin
ATTEST:
Cit"t Clerk Pam Voges
APPROVED:
City Administ ative Officer
City A,tforney
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ORDINANCE NO. 1090
(1987 Series)
FINALLY PASSED this 2nd day of June ,
1987, on motion of Councilman Settle , seconded by
Councilman Griffin , and on the following roll call
vote:
AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin
NOES: None
ABSENT: None
Mayor Ron Dunin
ATTEST:
City,, Clerk Pam �ges
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