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Home My WebLink About0725P*-"- Y-1 ORDINANCE NO. 725 (1977 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING MUNICIPAL CODE ARTICLE IV, CHAPTER 5, REGULATING•' BINGO GAMES. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Municipal Code Article IV, Chapter 5, Section 4503 is hereby amended to read as follows: "SECTION 4503. ORGANIZATIONS ELIGIBLE FOR LICENSE TO CONDUCT BINGO GAMES. The following 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 of the State of California and the provisions of this chapter: (a) Nonprofit organizations exempted from the payment of the bank and corporations tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(8), and 23701(1) of the Revenue and Taxation Code; (b) Mobilehome park associations; and (c) Senior citizens' organizations. None of the foregoing organizations shall be eligible to obtain a license to conduct bingo games unless the proceeds of such games are used only for charitable purposes." SECTION 2. Municipal Code Article IV, Chapter 5, Section 4506 is hereby amended to read as follows: "SECTION 4506. CONTENT OF APPLICATION. Said application for a license shall contain the following: (a) The name and address of the applicant organization; 0 725 Ordinance No. 725 .(1977 Series) (b) A statement by the applicant that it is an eligible organization as described in Section 4503 hereof; (c) A Certificate or Determination of Exemption under Section 23701 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 23701. If the eligibility for a bingo license is not determined by Section 23701 of the Revenue and Taxation Code, then the applicant shall submit such documents as required by the Director of Finance. (d) The exact location and street address of the property to be used by the applicant for conducting the bingo game; (e) A statement by the applicant that the property described in sub- section (d) is owned by the applicant or is leased by the applicant and that said property is used by the applicant for the office or for the performance of the purpose for which the applicant is organized; (f) The proposed days of the week and hours of the day during which bingo games will be conducted; (g) A statement that the applicant agrees to conduct said bingo games in strict compliance with the provisions of Section 326.5 of the California 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 upon violation of any such pro- visions; (h) The annual license fee fixed by the Council by resolution shall accompany the application; (i) A statement that the applicant agrees that the City, through its authorized officers, shall have the right to examine and audit the applicant's records described in Section 4512 hereof." - 2 - Ordinance No. 725 (1977 Series) SECTION 3. Municipal Code Article IV, Chapter 5, Section 4511 is hereby amended to read as follows: "SECTION 4511. PROFITS TO BE KEPT IN SEPARATE FUND OR ACCOUNT. 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. With respect to other organizations authorized to conduct bingo games pursuant to this section, 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: (a) Such proceeds may be used for prizes; (b) A portion of such proceeds, not to exceed 10% of the proceeds after the deduction for prizes, or $500 per month, whichever is less, may be used for rental of property, overhead and administrative expenses. The licensee shall keep full and accurate records of the income and expenses 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 the licensee shall fully cooperate with the City by making such record avail- able." SECTION 4. Municipal Code Article IV, Chapter 5, Section 4516 is amended to read as follows: - 3 - Ordinance No. 725 (1977 Series) "SECTION 4516. 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. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. 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 or 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 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 organ- ization if organized." SECTION S. 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. thereof held on the 4th day of October , 1977, on motion of Councilman Petterson , seconded by Councilman Jorgensen and on the following roll call vote: - 4 - ORDINANCE NO. 725 FINALLY PASSED this 18th day of October 1977, on motion of Councilman Dunin seconded by Councilman Jorgensen on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Settle, Patterson and Mayor Schwartz NOES: None ABSENT: None ATTEST: H. Fit trick, CITY CLERK Ordinance No. 725 (1977 Series) AYES: Councilmen Petterson, Jorgensen, Dunin and Mayor Schwartz NOES: None ABSENT: None (one vacancy) ATTEST: y er J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLY City Attorney I By Allen Grimes Approved as to content: -GAO� City Administrative Nicer Dilreci 6aEe -Prlww V Chie f Police - 5 - September 20 , 1977 MEMORANDUM: To Honorable Mayor and Cit Council through Administrative Officer t From Allen Grimes Subject . Proposed amendment to bingo regulations The state legislature several months ago amended the law relating to the conduct of bingo games to expand the organizations eligible, to ease operations by licensees by repealing the requirement that the property owned or leased by the organization be used or leased exclusively by such organization, reduce the maximum fee which a city could charge to $50, and other miscellaneous amendments. Attached is a proposed ordinance which incorporates these amendments as well as a legislative draft which illustrates the nature of the changes.) AG:ktm enc. IIIIII pl JX7- 74 a s I'StAGENDA rmA4 o ; DWED city or sAn I �s CITY ATTORNEY'S OFFICE Post Office Box 321 • San Luis Obispo, CA 93406.805/541 -1000 September 20, 1977 14=i1117.r1111UH To City Administrative Officer R. D. Miller From City Attorney Allen Grimes Subject Proposed amendments to bingo regulations The proposed ordinance makes the following changes: Section 4503 - amends organizations eligible to include all tax exempt and 4506 nonprofit organizations, mobilehome park-associations and senior citizens organizations, provided the proceeds of bingo games are used only for charitable purposes. Section 4511 - provides that the proceeds of the games, not to exceed loo after the deduction for prizes, or $500 per month, whichever is less, may be used for rental of property, overhead and administrative expenses. Section 4516 - provides that the property owned or leased by the bingo organization need not be used or leased exclusively by such organization. AG:ktm September 20, 1977 Note to City Council: Recommend passage of ordinance to print. RDM:mp •