HomeMy WebLinkAboutORD-01-05 Amend Ch 5.95- Bingo GamesORDINANCE NO.1-
OS
I AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 5.95
OF TITLE 5 OF THE ORANGE MUNICIPAL
CODE REGULATING BINGO
GAMES.WHEREAS, Chapter 5.95 of the Orange Municipal Code sets forth the City'
s procedures and regulations for eligible organizations to conduct bingo games;
and WHEREAS, the City has received requests by charitable organizations
to increase the number of bingo games that can be held per week from one to two;
and WHEREAS, the City has not experienced a significant policing problem
with respect to conduct of bingo games and it is believed that with the current restrictions
in place that permitting two games per week as opposed to one, will not create any
future such problems;
and WHEREAS, charitable organizations, including those created to supportpublicschoolsintheCity, have represented that bingo games are an importantfundraising
mechanism.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:SECTION
I:Section 5.95.030 of the Orange Municipal Code is hereby deleted in itsentiretyandreplacedwiththefollowingnewSection5.95.030, to read in full as
follows:
I 5.95.030 Organizations Eligible for Permit to Conduct Bingo
Games.Only a corporation, organization, group, community chest or
trust which is exempted from the payment of the bank and corporation
tax by Sections 2370 I (a), 23701(b), 23701(d), 23701(e), 23701(
f),23701(g) or23701(1) of the Revenue and Taxation Code, any
mobile home park association, or any senior citizens organization shall
be eligible to apply to the City for a license to conduct bingo games
in the City of Orange under the provisions of this Chapter and
Section 326.5 of the Penal Code. Any such permittee must conduct a
bingo game only on property owned or leased by it or on property whose
use is donated to the permittee within the City of Orange and
which property has been used by the permittee as an office or for
the performance of the purposes for which the applicant is organized
for at least twenty-four (24) consecutive months
the filing of such application. Notwithstanding the foregoing, if the
facility at which the bingo games are proposed to be conducted is
newly constructed or is part of a larger development complex which is
newly constructed and has not been in existence for the past twenty-
four (24) months, the City Council may exempt such applicant from
the latter requirement.
SECTION II:
Amend Section 5.95.040B and C setting forth by resolution the amount of the
annual permit fee and eliminating the extraordinary fee for the Alternate Bingo Manager
to read as follows:
B. Each new application and annual renewal shall be accompanied by an
annual permit fee as set forth by resolution of the City Council, one-
half of which shall be refunded to the applicant ifthe permit is
denied.C. Concurrent with the filing of the completed application with
the Business Services Coordinator, the applicant shall file a
statement specifying the names and addresses of two (2) persons who shall
be authorized to manage, supervise and be responsible for the conduct of
all bingo games by the applicant. One person shall be designated the
Bingo Manager and the other person, the Alternate Bingo Manager. Either
the Bingo Manager or the Alternate Bingo Manager shall be on the
premises at all times during which bingo games are being conducted. The
persons designated as Bingo Manager and Alternate Bingo Manager shall
furnish signed statements accepting their responsibilities. In the event any
other person is designated Bingo Manager or Alternate Bingo Manager,
the permittee shall file a new statement and pay the fee specified in
this
Section."SECTION
III:Section 5.95.070 is hereby amended to add "or his designee" and shall read
as
follows:5.95.070 Permit
Denial.If the Chief of Police, following an investigation, determines that
the applicant does not fulfill the requirements for a permit, the permit shall
be denied. Notice of denial and the right to hearing before the City
Manager or his designee shall be as provided in Section5.32.070 of the
Orange Municipal
Code.
SECTION IV:
I
Section 5.95.085 subsection A of the Orange Municipal Code is hereby deleted in
its entirety and replaced with the following new Section 5.95.085A, to read in full as
follows:
5.95.085 Summary Suspension of Permit Pending Opportunity for Hearing.
A. Whenever sufficient evidence is presented to the Chief of Police that the
permittee is conducting a bingo game in violation of any of the provisions
of this Chapter, the Chief of Police shall have the authority to summarily
suspend the permit if the facts or conditions constituting such grounds pose
the potential of an imminent threat to the public health or safety or the
potential for a diversion of proceeds to a non-charitable purpose and
order the permittee to immediately cease and desist any further operation of
any bingo
game.SECTION
V:Section 5.95.085 subsection B of the Orange Municipal Code is hereby
amended to change the words Subsection A to this chapter to read in full as
follows:B. Any person who continues to conduct a bingo game after any
summary suspension thereof under this Chapter shall be 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 jail for a period
not exceeding six (6) months, or by both such fine and
imprisonment.SECTION
VI:Section 5.95.170 of the Orange Municipal Code is hereby deleted in its entirety
and replaced with the following new Section 5.95.170, to read in full as
follows:5.95.170 Days and Hours of
Operation.
I A permittee may conduct bingo games on not more than two (2)
days during any seven (7) day period for a maximum of six (6) hours per
day.This limitation shall preclude a permittee from conducting bingo games
on two (2) or more days during said seven (7) day period at any other
location or locations within the County of Orange pursuant to any other permits
or licenses issued by any other city in Orange County, or by the County
of Orange. A permittee may not conduct bingo games between the hours
of twelve midnight and 10:00 a.m. of any
day.
SECTION VII:
Section 5.95.210 of the Orange Municipal Code is hereby amended to add the word
on" and increase the days allowed to conduct bingo games in any seven day period and to
read in full as follows:
5.95.210 Bingo Games Conducted Only on Licensee's Property.
Except as provided in Section 5.95.320, a permittee shall conduct a bingo
game only on the property owned, leased by it or on property whose use is
donated to the permittee, and which property is used by such organization
for an office or for performance of the purposes for which the organization
is organized. The permit 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 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 this Chapter, when it again owns, leases property or in
possession of property whose use is donated to the permittee and used by it
for an office or for performance of the purposes for which the organization
is organized provided that said permit was valid at the time of relocation.
Nothing in this Section shall be construed to require that the property
owned, leased by it or property whose use is donated to the permittee, be
used or leased exclusively by such permittee; provided, however, that said
property shall in no event be used for the conduct of bingo games more
often than two (2) days out of any seven (7) day period, nor more than six
6) hours out of each such day, regardless of the total number of permittees
utilizing said property.
SECTION VIII:
Section 5.95.250 Subsection B.2 of the Orange Municipal Code is hereby amended
to replace "One Thousand ($1,000)" with "Two Thousand, ($2,000)" to read in full as
follows:
5.95.250B.2 Profits to be Kept in Separate Fund or Account.
B.2 A portion of such proceeds not to exceed twenty (20%) percent of the
proceeds before the deduction of prizes, or Two Thousand Dollars
2,000) 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.
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SECTION IX:
Section 5.95.300 of the Orange Municipal Code is hereby amended to remove the
words "of Orange" to read in full as follows:
I 5.95.300 City May Enjoin Violation.
The City may bring an action in a court of competent jurisdiction to enjoin
a violation of Section 326.5 of the Penal Code or of this Chapter.
SECTION X:
Should any section, subsection, clause, or provision of this Ordinance for any
reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of the remaining portions of this
Ordinance; it being hereby expressly declared that this Ordinance, and each section,
subsection, sentence, clause and phrase hereof would have been prepared, proposed,
approved and ratified irrespective of the fact that anyone or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION XI:
A summary of this Ordinance shall be published and a certified copy of the full
text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days
prior to the City Council meeting at which this Ordinance is to be adopted. A summary
of this Ordinance shall also be published once within fifteen (15) days after this
Ordinance's passage in a newspaper of general circulation, published, and circulated in
the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified
copy of the full text of such adopted Ordinance along with the names of those City
Council members voting for and against the Ordinance in accordance with Government
Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the
date of its final passage.
ADOPTED this 25th day of January, 2005.
I Mark
jk
of Orange
5
ATTEST:
I,~I/Ltt1'0~ '-- ~..'A.~Mary
E. Murphy, City Clerk, City of Ofllnge STATE
OF CALIFORNIA )COUNTY
OF ORANGE )CITY
OF ORANGE )I,
MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council
held on the 11th day of January, 2005, and thereafter at the regular meeting of said
City Council duly held on the 25th day of January, 2005, was duly passed and adopted
by the following vote, to wit:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
Smith, Ambriz, Murphy, Cavecche, Dumitru COUNCILMEMBERS:
None COUNCILMEMBERS:
None COUNCILMEMBERS:
None C~-<.~
Mary E. . .
y, City Clerk, City ~fQrange 6