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HomeMy WebLinkAbout1784Or ~ Hance PJo . 1784 1 2 _. 3 4 5 6 7 8 9 10 II 12 13 I4 15 18 17 18 19 20 2I 22 23 24 26 2B AN ORDINANCE OF THE BOARD OF SUPERVISORS OF TWE COUNTY OF BUTTE AMENDING CHAPTER 15 OF THE BUTTE COUNTY CODE, ENACTED UNDER SECTION 19 OF ARTICLE IV OF THE STATE CONSTiTUTiON ALLOWING BINGO GAMES IN THE COUNTY OF BUTTE FOR THE BENEFIT OF CHARITABLE ORGANIZATIONS. The Board of Supervisors of the County of Suite DO ORDAIN as follows: Section 7. That Article 2 of Chapter 15 is hereby added to the Butte County Code to read as follows: BINGO GAMES Sections• 15-40 15-47 15-42 15-43 15-44 15-45 7 5-4b 15-47 15--48 15-49 15--50 15-51 15-52 15-53 15--54 15-55 15-56 Organizations Eligible for County License To Conduct Bingo Games. Application For License. App? i cant h~ust Be f~ual i fi ed .' Contents of Application. Investigation of Applicant. Contents Of License. Summary Suspension of License Pending Opportunity far Hearing - - Misdemeanor To Continue After Suspension - - Revocation. Revocation Of License - Alternative Procedure. Appeal Of Revocation To Board of Supervisors. Definition of "Bingo." Maximum Amount of Prize. Profits To Be Kept In Separate Fund or Account. Financial Interest In Licensee Oniy. Exclusive Operations B,y Licensee. Bingo Games Open to Public. Attendance Limited To Occupancy Capacity. Bingo Games Conducted Only on Licensee's Property. 1 2 3' 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2B 15-57 Minors Not To Participate. 15-58 Intoxicated Persons Not To Participate. . _.... 15-59 Hours pera ion. - 15-60 Participant Must Be Present. 15-61 Receipt of Profiit B,y A Person A Misdemeanor Under State Law. 15-62 County May Enjoin Violation.. 15-40. ORGAP~IZATIONS ELIGIBLE FOR COUNTY LICENSE TO CONDUCT BINGO GAMES. Corporations, community chests or trusts, organized and operated exclusively for religious, charitable, scientifiic, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, exempted from the payment ofi the bank and corporation tax b,y Section 237014 of the Revenue and Taxation Code and contribu- tion or gift to which would be a charitable contribution under Section 770 (c} (2} of the Internal Revenue Code of 1954, are eligible to apply to the County for a license to conduct bingo games in the County under-the provisions of Section 326.5 of the Penal Code and the provisions of this chapter. 15-41. APPLICATION FOR LICENSE. Eligible organizations desiring to obtain sucrr license to conduct bingo games in the County of Butte shall file an application in writing therefor in the office of the Treasurer on a form to be provided by the Treasurer. The issuing authority shall be the Treasurer. The license issued sha11 be for a term of one ,year i=rom the date of issuance, sub,~ect to renewal and annual fee. 2. 1 2 __. _ ._ . 3 4 5 8 7 8 sl 10 ~I 3.1 12 13 14 15 16 17 18 19 20 21 22 23 24 2~ 26 i5--42. APPLICANT N[UST BE (?UALIFIED. No license sha11 be issued to any organization unless such applicant is an eligible _. organization under Section 15-40 and its app ication con orms to the rea;uirement, terms and conditions of this chapter. 15-43. CONTENTS OF APPLICATION. Said application for a license shall contain the following: {1) The name of the applicant organization and a statement that applicant is an eligible organization under ~ Section 15-40. (2) The name and signature of at least two (2) officers, including the presiding officer, of the corporation or community chest and the trustee of an,y trust. (3} The particular property within the County of Butte including the street number, owned or leased by the applicant, used b,y such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occu- pancy capacity of such place. (4} That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the 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 Sheriff upon violation of any of such provisions.. {5) Said application shall be signed by the appli cant under penalty of perjury. 3. 1 2 4 5 6, 8 9 34 11 12 ~3 14 15 16 17 18 ~.9 20 21 2~ 23 24 ~B (6) The annual license fee fixed by the Board of Supervisors by resolution shall accompany the application. ._ . (7) The applicant shall also submit, with its application, a Certificate or Determination of Exemptionunder Section 27301d of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board ~ir~ Sacramento, showing exemption under Section 23701d. 15--A~~. INVESTIGATION OF APPLICANT. Upon receipt of thecompleted application and the fee, the Treasurer shall refer the same to interested departments of the County, including but not limited to;,the County Administrator, County Counsel, Sheriff's Department and the Fire Department, for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies.. and the extent to which.it qualifies, as property on which bingo games may lawfully be conducted, as to fire,.occupancy, andother applicable restrictions. 15-45. CONTENTS OF LICENSE. Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the County, the Treasurer shall issue a license to said applicant, which shall contain the following information: (1) The name and nature of the organization to whom the license is issued. (2) The address where bingo games are authorized to be conducted. (3) The occupancy capacity of the room in which _ ~- 1 2 ... 3 4 5 8 7 8 9 10 I3. 12 ],3 14 15 16 ~7 18 ~.9 20 23 22 23 24 23 28 bingo games are to be conducted. {4) The date of the expiration of such license. 5 Such.._other in orma i..o.n_.-as m-ay e~ necessary or desirable for the enforcement of the pro visionscof this chapter. 15-46. SUMMARY SUSPENSION OF LICENSE PENDING OPPORTUNIT' FOR HEARING _ ~- MISDEMEANOR TO CONTINUE AFTER SUSPENSION. - - nYll l~l~ I1 TT AA! {a) Whenever it appears to the Sheriff that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the Sheriff shall have the authority to immediately cease and desist any further operation of any bingo game. (b) Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (a} sha71 be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding $500.00 or by imprisonment in-the County jail fora period not exceeding six months, or by both such fine and imprisonment. (c) The order issued under subsection {a) shall also notify the licensee that it sha11 have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the Sheriff within said five-day period, sha11 result in a revocation of the license. 5. I I ~, (d) Upon such request by the licensee, I~, 2 whose license has been suspended under subsection (a), for a I! 3 hearing to determine whet-her such license shall be revoked, the 4 Sheriff shall provide such hearingwithin ten days after receipt ~ of such request at which hearing the suspended licensee may g appear before the Sheriff for the purpose of presenting evidence 7 why the license should not be revoked. No license shall be g revoked under this section unless notice of the time and place g of such hearing shall have first been given at least five days 1p before the hearing thereof b,y depositing in the United States I1 Mai1 a notice directed to said suspended licensee at the address 12 given in the application. The notice shall set forth a summary 13 of the Bound advanced as the basis of the suspension and revoca- i4 tion. 15 (e) Any organization whose license is revoked ~.8 under this sectionsh.all not conduct any. bingo game in the County ~.7 until such time as the Soard of Supervisors, on appeal, determines 18 to overrule the deicsion of the Sheriff. ~9 15-47. REVOCATION OE LICENSE - ALTERP;ATIVE PROCEDURE. 2Ia (a} Whenever it appears to the Sheriff that 2~. the licensee is conducting bingo games in vTOlation of any 22 of the provisions of this chapter, or that the license was obtain 23 ed by :fraudi~l;ent representation and no summary suspension is 24 ordered under Section 15-46, the license may be revoked;. ~ provided, however, the licensee may appear before the Sheriff 2B at the time fixed by the Sheriff, for the purpose of presenting 6. 1 2 3 4 7 8 9 ~o II 12 13 I4 15 1B 17 is I9 20 21 22 23 24 26 28 evidence why the license should not be revoked. No license shall be revoked under this sectionunless written notice ,_ - - -.. shad 1 have f7 rsi beeri_ gi veri at 1 east five aYs e ore t e ear_i n9 thereof by depositing in the United States Mail a notice directed to said licensee at the address given in the applicat-ion. The notice shall set forth a summary of the ground advanced as the basis of the revocation. (b) Any organization whose license is revoked under this section sha71 not conduct any bingo game in the County until such time as the Board of Supervisors, on appeal, determines to overrule the decision of the Sheriff. 15-48. APPEAL OF REVOCATION TO BOARD OF SUPERVISORS. (a) An,y holder of a license whose license is revoked under this chapter shall have the right, within ten (l0} days after receiving notice in writing of the revocation, to file a written appeal to the Board of Supervisors. Such appeal shall 'I set forth the specific ground or grounds on which it is based. The Board of Supervisors shall hoTd:a hearing on the appeal withinl' thirty (30) days after its receipt by the County, or at a time thereafter agreed upon and shall cause the appellant to be given at least ten (30} days written notice of such hearing. At the hearingthe appellant or its authorized representative sha11 have the right to present evidence and a written or oral argument, or bath, in support of his appeal. The determination of the Board of Supervisors on the appeal shall be final. 7. 1 2 _.... . . _ 3 4 5 6 7 8 gi xa 1~. ~.2 13 14 15 16 ~7 18 19 20 2~, 22 23 24 2~ 26 (b} Any organization whose license i5 finally revoked„may not again apply for a license to conduct _e_..._ .. _ ... _.., r...... _. ... ...... .. ... ...... ..~...... bingo games in the County of Butte for a period of one year from- . the date of such revocation; provided, however, if the ground far revocation is cancellation of the exemption granted under Section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said ~ exemption. 15-49. DEFINITION OF "BINGO." Rs used in this chapter "bingo" means 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. 15-50. MAXIMUM AMOUNT OF PRIES. The total value of 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. 15-51. PROFITS TO SE KEPT IN SEPARATE FUND OR ACCOUNT. All profits derived from a bingo game sha11 be kept in a special fund or account and shall not be comingled with any other fund or account. The licensee shall keep full and accurate record of j 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 b,y this chapter. The County, by and through its authorized officers, shall have the right to examint and audit such record at any reasonable time and licensee 8. 1 2 3 4 5 B' 7 8 9 10 ~1 12 13 14 15 16 17 18 19 20 21 22 23 24 2~ 26 shall fully cooperate with the County by making such record availab.e - _ -__-.. 1552,- FINANCIAL INTEREST TN LICEN - o-~n Zvi- - dual:, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. 15-53. EXCLUSIVE OPERATION BY LICENSEE. A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game. 15-54. BINGO GAMES OPEN TO PUBLIC. All bingo games shall be open to the public, not just to the members. of the licensee organization. 15.-55. ATTENDANCE LIMITED TO OCCUPANCY CAPACITY. Not- withstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the the room in which such game is conducted as determined by the Fire Department and Public ldorks Department of the County in accordance with applicable laws and regulations. Licensee shall not reserve seats ar space for any person. 15-56. 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 organiza- tion for an office or for performance of the purposes for which 9. r _ ~, the licensee is organized, the license sha11 have no further 2 force or effect. A new license may be obtained by an eligible .. ..... ....... ~_.. _ ... 3 organization, upon application under this c ap er, w en ~ again 4 owns or leases property used by it for an office or for performance 5 of the purposes for which the organization is organized. g 15-57. MINORS NOT TO PARTICIPATE, No person under the q age of eighteen {18) years of age shall be allowed to participate g in any bingo game. g ~5-58. INTOXICATED PERSONS NOT TO PARTICIPATE. No 1p person who is obviously intoxicated shall be allowed to parti- ~,1 cipate in a bingo game. 12 15--59. HOURS OF OPERATION. No licensee shall conduct 13 any bingo game for more than six (6~)' hours out of any twenty--four i4 {24) hour period. No bingo game shall be conducted before 9:00 15 a.m. nor after 2:00 a.m. of any day. _ 1g 15-60. PARTICIPANT MUST BE PRESENT. No person shall be 17 allowed to participate in a bingo game, unless the person is 18 physically present at the time and place in which the bingo 19 game is being conducted. 20 15-61. RECEIPT OF PROFIT BY A PERSON A MISDEMEANOR 2~. UNDER STATE LAW. It is a misdemeanor under Section 326.5{b) 22 of the penal Code of the State of California far any person to 23 receive a profit, wage, or salary from any-bingo game authorized 24 under this chapter, a violation of which is punishable bya fine ~ not to exceed ten thousand dollars {$10,000.00), which fine shall 26 be deposited in the general fund of the County of Butte. 10. 1 2 ..,.. 3 4 5 6 7 8 s 10 11 12 ~.3 I4 15 1~ 17 18 19 20 21 22 23 24 23 28 15-62. COUNTY MAY ENJOIN UTOLATION. The County of Butte may bring an actionin a court of competent jurisdiction __. . _..__.. to enjoin~a violation of Section 32fi.5 of the Penal Code or of this chapter. i Section 2. That this ordinance shall take effect thirty (30) days after the date of its adoption, and before the expiration of fifteen (15) days after its passage, it shall be published with the names of the members voting for and against the same in the Chica Enterprise xeco~da newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Butte County Board of Super- visors this I8th day of January 1977, b.y the follow- ing vote: AYES: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter P! O E S : None ABSENT: None . NOT VOTING: None .~f~ m .. ~ .~ ~. BERNARD D. RICF{TER, Chairman of the Board of Supervisors ATTEST: CLARK A. NELSON, County Clerk and ex-officio Clerk of the Board 11.