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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