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HomeMy WebLinkAbout1837l 2 3 4 S 6 7 8 s 10 I1 12 13 I4 15 16 17 18 19 20 21 22 2~ 24 23 28 ORDINANCE ].837 AN ORDTNANCE AMENDTNG CHAPTER l5 0~' THE BUTTE COUNTY CODE RELATTNG TO BTNGO GAMES The Board of Supervisors of the County of Butte, State of California, ~0 ORDAIN as follows: Section 1. That § 15-40 of the Butte County Code is hereby amended to read as follows: §15-40. Or anizatio~n.s Eli ible for Count License to Conduct Bingo Games. Organizations exempted from the payment of the bank and corporation tax by §§ 23701(a), 23701(b), 23701{d) 23701(e), 23701(f), 23701(8), and 23701(1) of the .Revenue and Taxation Code and mobile home park associations and senior citizens organizations are eligible to apply to the county for a license to conduct bingo games in the county under the prov~- sions of §326.5 of the Penal Code and the pr~zi~ionsc~of~!:tfiis chapter. Section 2. That §15-43 of the Butte County-Code is here amended to read as follows: §15-43. Contents of A lication. Said application for a license shall contain the following: (1) The statement that app (2) The cers including the two (2) members if officers. name of the applicant organization and a licant is an eligible organization under §l5- name and signature of at least two (2) offi- presiding officer of the organization or by it ~s a senior citizen organization with na {3) The particular property within the County of Butt including the street number, owned or leased by the applicant, 1 used by such applicant for an office or for performance of the 2 purposes for which the applicant is organized, on which.p~ope~ty 3 bingo games will be conducted, together with the occupancy 4 capacity of such place. ~ (4) That the applicant agrees to conduct bingo games 6 in strict accordance with the provisions of §326.5 of the Penal 7 Code and this chapter, as they may be amended from time to time, 8 and agrees that the license to conduct bingo games may be revoked 9 by the Sheriff upon violation of any of such provisions. 10 (5) Said application shall be signed by the applicant 1~ under penalty of perjury. 12 {b) The annual license fee fixed by the Board of 13 Supervisors by resolution shall accompany the application. 14 (7} The applicant shall also submit, with its appli- 15 cation, a Certificate or Determination of Exemption under 16 §§23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g} and 1~ 237010) of the Revenue and Taxation Code, or a letter of good 38 standing from the Exemption Division of the Franchise Tax Board 19 in Sacramento, snowing exemption under §23701(4). If the appli- 20 cant is a mobile home park association or a senior citizen 21 organization, an officer or member shall submit a Declaration, 22 signed under penalty of perjury, setting forth facts which show 23 that the applicant is a mobile home park association or a senior 24 citizen organization ~ Section 3, Section 15-51 of the Butte County Code is 28 hereby amended to read as follows: 2. ~,. §15-51. Profits to be ke t in Se orate Fund or Account. With respect to organizations exempt from payment of 3 the bank and corporation tax by §23701(d) of the Revenue and Tax- 4 anon Code, all profits derived from a bingo game shall be kept g in a special fund or account and shall not be commingled with Q any other fund or account. Such profits shall be used only for 7 charitable purposes. With respect to other organizations 8 authorized to conduct bi.zgo games pursuant to this section, all 9 proceeds derived from a bingo game shall be kept in a. special 10 fund or account and shall not be commingled with any other fund lY or account. Such proceeds shall be used only far charitable I 12 purposes, except as follows: '~, i 1~ (1) Such proceeds may be used for prizes. ~~, 14 (2) A portion of such proceeds, not to exceed 10 15 percent of the proceeds after the deduction for prizes, or five ~, 16 hundred dollars ($500) per month, whichever is Less, may be .used ~', 17 far rental of property, overhead, and administrative expenses. ~'i 18 The licensee shall keep full and accurate record of the 19 income and expenses received and disbursed in connection with its 20 operation, conduct, promotion, supervision and any other phase 21 of bingo games which are quthorized by this chapter. The county, 2~ by and through its authorized officers, shall have the right to 23 examine and audit such record at any reasonable time and licensee 24 shall fully cooperate with the county by making such record ~ available. 28 Section 4. Section 15-5C of the Butte County Code is 3. 1 hereby amended to read as follows: 2 §15-56. Bin o Games Conducted Onl on Licensee's 3 Property. A licensee shall conduct a bingo game only on property 4` owned or leased by it, and which property is used by such organ- 5 iza~ion for an office or for performance of the purposes for B ~ which the licensee is organized. Tf the licensee shall dispose 7; of said property, then the licensee. shall have no further force 8 or effect. Anew license may be obtained by an eligible organ- 9 ization upon application under this chapter, when it again 10 owns or leases property used by it for an office or .for perfor- 11 mance of the purposes for which the organization is organized. 12 Nothing in this section shall be construed to require that the 13 property owned or leased by the organization be used 6r•~leased 14 exclusively by such organization. 15 Section 5. Section 15-61 of the Butte County Code is 16 hereby amended to read as follows: 17 §l5-bl. Recei t of Pa ent o.f_ Profit b a Person, a 18 Misdemeanor Under State Law. ~t is a misdemeanor under §326.5(b) 19 of the Penal Code of the State of California for any person to 20 receive or to pay a profit, wage or salary from any bingo game 21 authorized under this chapter, a violation of which is punish- 22 able by a fine not to exceed ten thousand dollars ($14,000), whit 23 fine sha11 be deposited in the general fund of the County of Butt 24 Section 6. Section 15-b3 is hereby added to Chapter l5 23 of the Butte County Code to read as follows: 28 .. .. .. 4. 1 §15-b3. Violation, Misdemeanor, Every person who violates any of the provisions of this chapter except for Section Z5-bl is guilty of a misdemeanor. Section 7. This urgency ordinance shall take effect ~ 7 8' 9 10 lI 12 13 14 15 16 17 18 i9 20 21 22 ~I 23 24 26 26 immediately upon its passage, and before the expiration of fifteen (l5) days after its passage shall be published once with the names of members of the Board of Supervisors voting for and against the same in the Chico Enterprise Record a newspaper in general circulation in the County of Butte, State of California. This act is an urgency statute necessary far the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution. The facts constituting such necessity are: 1. In order for this act to properly implement the con- stitutional amendment to Section l9 of Article IV of the Consti- tution, permitting bingo, which the people of C~~ifornia approved at the June, 1976 primary, it is necessary that this action take effect immediately. PASSED AND ADOPTED this ~2th day-~of July 1977 by the Board of Supervisors by the following vote: AYES: Supervisors Lemke, Madigan, Moseley, Winston and Chairman R NOES : None ABSENT :None NOT VOTING : None Attest: CLARK A. NELSON, County Clerk and ex-oo~fficio Clerk of the Board ,- BERN RD D. RICHTER, C airman o the Board of Supervisors ter 5.