HomeMy WebLinkAboutMC-146
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ORDINANCE NO.
HC-J46
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.36
OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO BINGO GAMES TO
INCREASE TOTAL PRIZES IN ONE SESSION TO $1,750: TO PROHIBIT
PUNCHCARDS: TO PERMIT COMPENSATION FROM GAME PROCEEDS TO SECURITY
PERSONNEL: TO INCREASE THE ALLOWANCE FOR EXPENSES TO 20 PERCENT OR
$1,000 PER MONTH, WHICHEVER IS LESS: AND TO OTHERWISE CONFORM TO
STATUTORY CHANGES.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
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SECTION 1. Section 5.36.010 Subsection A of the San
9 Bernardino Municipal Code is amended to read:
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lIA.
'Bingo' means a game of chance in which prizes are
II awarded on the basis of designated numbers or symbols on a card
12 which conform to numbers or symbols selected at random.
]3 Notwithstanding Section 326.5(n) of the Penal Code, bingo shall
14 not include cards having numbers or symbols which are concealed
]5 and preprinted in a manner providing for distribution of prizes
16 even though the winning cards shall not be known prior to the game
]7 by any person participating in the playing or operation of the
]8 bingo game, nor even though such preprinted cards bear the legend
19 'for sale or use only in a bingo game authorized under California
20 law and pursuant to local ordinance'."
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SECTION 2. Section 5.36.020 of the San Bernardino Municipal
22 Code is amended to read:
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"5.36.020 License - Required.
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No person, firm, corporation, association, partnership or
25 organization other than a nonprofit organization, mobile home park
26 association, or senior citizen organization may conduct bingo
27 games. Such organizations or associations shall not conduct bingo
28 games without first having secured a license to conduct such games
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I from the City Clerk as hereinafter provided, and the receipts of
2 such games shall be used only for charitable purposes."
3 SECTION 3. Section 5.36.040 Subsection C of the San
4 Bernardino Municipal Code is amended to read:
5 "C. If the applicant does not own the premises for which the
6 license is sought, the applicant shall submit with the application
7 a copy of the lease under which the applicant has the right to use
8 such premises. If the use of the premises is donated, a copy of
9 the agreement under which the applicant has the right to use the
10 premises shall be submitted."
II SECTION 4. Section 5.36.060 of the San Bernardino Municipal
12 Code is amended to read:
13 "5.36.060 Operation of bingo game.
14 A bingo game shall be conducted only on property owned or
15 leased by, or donated to, the licensed organization or association
16 and used by it for an office or for performance of the purposes
17 for which the organization or association is organized. Use
18 solely for the purposes of conducting bingo games is not an
19 acceptable use. The bingo game shall be operated and staffed only
20 by members of the licensed organization or association which
21 organized the game, except that security personnel may be
22 employed. No person may receive or pay a profit, wage, or salary
23 from the receipts of any bingo game, except that security
24 personnel employed by the organization conducting the bingo game
25 may be paid from the revenues of bingo games. Only the
26 organization or association licensed to conduct a bingo game shall
27 operate such game or participate in the promotion, supervision, or
28 any other phase of such game. Bingo games shall not be held:
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A. For more than two sessions in anyone 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 anyone
day; or
D. In anyone session, after the awarding of prizes in the
total amount or value of one thousand seven hundred fifty
dollars."
SECTION 5. Section 5.36.080 Subsection B of the San
Bernardino Municipal Code is amended to read:
"B. With respect to all other licensees, all receipts
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 for charitable purposes,
except as follows:
1. Such proceeds may be used for prizes.
2. A portion of such proceeds not to exceed twenty
percent of the proceeds before the deduction for prizes, or one
thousand dollars per month, whichever is less, may be used for
rental of property, overhead, the purchase of bingo or security
equipment, administrative expenses, and security personnel.
3. Such proceeds may be used to pay license fees."
SECTION 6. Section 5.36.210 of the San Bernardino Municipal
Code is amended to read:
"5.36.210 Violation - Penalty.
Any person violating any provision of this chapter shall be
guilty of a misdemeanor and subject to a fine of not more than
five hundred dollars, or imprisonment in the County jail for not
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I more than six months, or both such fine and imprisonment;
2 provided, however, pursuant to subsections (b) and (c) of Section
3 326.5 of the Penal Code, any person receiving or paying a profit,
4 wage, or salary, except payment for security personnel, from any
5 bingo game authorized by this chapter pursuant to Section 19 of
6 Article IV of the State Constitution shall be guilty of a
7 misdemeanor and shall be punishable by a fine not to exceed five
8 hundred dollars. In the alternative, any person so violating
9 Penal Code Section 326.5(c) may be prosecuted under state law."
10 I HEREBY CERTIFY that the foregoing ordinance was duly
II adopted by the Mayor and Common Council of the City of San
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Bernardino at a
regular
meeting thereof, held on
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the 15th day of
, 1982, by the following vote,
March
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AYES:
council Members Castaneda, Reilly, Hernandez,
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Botts, Quiel, Hobbs, Strickler
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NAYS: None
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ABSENT: None
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,y:i;P.lII/J~1I/
/ City Clerk
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The foregoing ordinance is hereby approved this / "',.,( day
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, 1982.
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jof the City of San Bernardino
Pro Tempore
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to form:
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