HomeMy WebLinkAboutMC-1520ORDINANCE NO. MC -1520
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING SECTIONS 5.36.060 AND 5.36.110 OF THE
SAN BERNARDINO MUNICIPAL CODE PERTAINING TO
NON-PROFIT BINGO GAMES
WHEREAS, Penal Code sections 326.3, 326.4, and 326.5 establish the parameters under
which non-profit organizations can lawfully conduct bingo games; and
WHEREAS, Chapter 5.36 of the San Bernardino Municipal Code ("SBMC") generally
implements the provisions of Penal Code sections 326.3, 326.4, and 326.5; and
WHEREAS, SBMC section 5.36.060 currently limits the aggregate value of all prizes, in
cash or in kind, awarded during any bingo game session to five -thousand dollars ($5,000), while
Penal Code sections 326.3, 326.4, and 326.5 do not require any such limitation; and
WHEREAS, SBMC section 5.36.110 currently limits the aggregate value of all prizes, in
cash or in kind, awarded during any individual bingo game to two -hundred and fifty dollars
($250), while Penal Code section 326.5 (n) instead limits the aggregate value of all prizes, in
cash or in kind, awarded during any individual bingo game to five -hundred dollars ($500); and
WHEREAS, the City of San Bernardino wishes to amend SBMC sections 5.36.060 and
5.36.110 to reflect the limits of state law.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. Amendment of Section 5.36.060. Section 5.36.060 of Chapter 5.36 of
Title 5 of the San Bernardino Municipal Code is hereby amended to read in its entirety as
follows:
"5.36.060 Operation of Bingo Game
A bingo game shall be conducted only on property owned or leased by, or donated to, the
licensed organization or association and used by it for an office or for performance of the
purposes for which the organization or association is organized. Use solely for the purposes of
conducting bingo games is not an acceptable use. The bingo game shall be operated and staffed
only by members of the licensed organization or association which organized the game, except
that security personnel may be employed. No person may receive or pay a profit, wage, or salary
from the receipts of any bingo game, except that security personnel employed by the
organization conducting the bingo game may be paid from the revenues of bingo games. Only
the organization or association licensed to conduct a bingo game shall operate such game or
participate in the promotion, supervision, or any other phase of such game. Bingo games shall
not be held:
Ordinance No. 1520
A. For more than two sessions in any one week; or
B. For more than five hours in any twenty -four-hour period; or
C. Between the hours of two a.m. and six a.m. of any one day."
SECTION 3. Amendment of Section 5.36.110. Section 5.36.110 of Chapter 5.36 of
Title 5 of the San Bernardino Municipal Code is hereby amended to read in its entirety as
follows:
"5.36.110 Value of Prizes
The total value of prizes awarded during the conduct of any bingo game shall not exceed
five -hundred dollars ($500) for each separate game which is held."
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part thereof, is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
be declared unconstitutional. If for any reason any portion of this ordinance is found to be
invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 6. Certification. City Clerk of the City of San Bernardino shall certify to the
adoption of this Ordinance and cause publication to occur in a newspaper of general circulation
and published and circulated in the City in a manner permitted under section 36933 of the
Government Code of the State of California.
SECTION 7. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
APPROVED and ADOPTED by the City Co it
by the City Clerk this 19'b day of May 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
by the Mayor and attested
Ordinance No. 1520
Georgeann HaUa, MMC, Ci Clerk
Approved as to form:
/��>o;� —
Gary D. Saenz, City Attorney
Ordinance No. 1520
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC -1520, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 5h day of June 2019 and approved, passed, and adopted
at a regular meeting held the 19'h day of June 2019 by the following vote:
Council Members:
SANCHEZ
MARRA
VACANT
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 19t` day of June 2019.
Georgeann H ina, MMt7, 4Ky Clerk