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O1274 e e CA:RMM:rm61102 C~ty Council Meet~ng 3-8-83 Santa Monica, California ORDINANCE NUMBER l274(CCS) (C1ty Council Serles) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 61102 RELATING TO BINGO THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 61102 of the Santa Monica Mun~cipal Code 1S amended to read as follows: SECTION 61102. Conditions of the lssuance of perm1t. The Clty Manager or his deslg nee may issue a bingo permi t subject to the following condit1ons: A. The applicant for a bingo game shall apply in person for a permit at least sixty (60) days prior to the conduct of said b1ngo game(s). There shall be filed W1 th the City Manager or his designee, on a form furn1shed by same, a written Not~ce of Intent10n signed by two officers of the charitable organization to conduct such bingo game(s), same Notice shall include but not be limited to: 1 e e (l) The name(s), addressees), telephone number(s} and affiliation(s) wlth the applicant organizatIon of each person involved in the operatlon of such b~ngo game(s), along with proof of compliance w~th Section 23701(d) of the California Revenue and Taxation Code and Section 50l(c)(3) of the Internal Revenue Code. (2) A detailed description of record keeping system to account for the recelpts, prlzes, expenses, and profits of each b~ngo game. (3) The applIcation for the bingo permit, and all necessary supportIng documents, as required by the City Manager or his deslgnee, a bond, and permlt fee in accordance with Sub-Section L of thIS Section. (4) The locatIon and signators-of the special bank account. (5) A detailed schedule of the date(s), hours and location of each bingo game to be held. B. No person, either as principal, agent, or employee, including corporations duly recognized as chartered 2 . e by the State of California, shall engage in, conduct or carryon, or permit to be engaged in, conducted or carried on with1n the City of Santa Monica, any game of bingo as def1ned above, unless such game is for the benefit of a non-profit charitable organ1zation 1n operation continually in the City of Santa Monica for five (5) years prior to application for a perml t. C. A organization, non-proflt, as deflned charitable above, shall conduct a bingo game only on property owned or leased by it for ninety (90) or more days, or on any public property the use of WhiCh is donated to the organi- zation, and Wh1Ch property is used by the organization for an office or for the performance of the purposes for which the organization 1S organized. D. No person, except the organlzatlon authorized to conduct a bingo game, shall hold a financial interest in the conduct of such a bingo game. E. All profits derived from a bingo game shall be kept in a speclal 3 It - fund or account and shall not be co-mingled with any other fund or account. F. No person shall lnterfere with, prevent or refuse to permlt a pollce officer or a representative of the Clty Manager or hlS designee to make an examinatlon or inspection of any premise, whether the premise 1S open to the publlC or not, or of any record kept by the applicant organization, or by any agent or employee thereof, for the purpose of determining whether the appllcant organization and/or bingo manager are complying wlth all the rules and regulatlons of the Clty Manager or his designee and all provisions of the Santa Monica Munlclpal Code affecting sald business. G. No alcohol1C beverages shall be sold, consumed, possessed, or ava11able in any room where a blngo game is being conducted. H. No permlt shall be granted for more than two (2) days per week or for more than six (6) hours per day or at any 4 e e tlme other than the hours between 12: 00 p.m. and l2:00 a.m. I. Blngo Manager Requirement. No charltab1e organIzation shall engage in, conduct or carryon, or permIt to be engaged in, conducted or carried on, ln or upon any premises within the City of Santa Monica, the operatlon of a bingo game unless such game is conducted under the personal directLon of a B1ngo Manager, who for one (1) year has been an officer, director or member of the applYlng organizatLon. J. B1ngo Permit. To obtain a Bingo Permit, such applying organization shall make and file with the City Manager or hIS designee an app1 ication there for in writing. In such appl ica tIon, the applicant shall set forth, in addition to such Information as may be requlred by the City Manager or his des1gnee: (1) A statement that neither the BIngo Manager nor the members of the non-profit organizatlon which operate any bIngo game organlzed by such organization will receive any proflt, wage, or salary 5 e e or any other direct or indirect conSlderation fom any blngo game. (2) A statement that the Bingo Manager and all persons involved in the operation of the Bingo games has read and understands all requirements of the law in regard to conductlng bingo games in the City of Santa Monlca, and that such Bingo Manager will accept full responsi- billty for the conduct of such bingo games and all blngo card/ticket salespeople under his/her direction. K. Bingo Manager - Bond. (1) At the time of filing for such a license the applicant shall f lIe and thereafter malntain with the City Manager or his designee a good and sufficient bond or agreement to secure campi lance in the aggregate sum of Flve Thousand Dollars ($5,000.00) runnJ.ng to the City of Santa Monlca for the use and benefit of lnterested persons and parties, executed by the appllcan t, and by a freeholder, two or more responslble persons, or a surety authorized to do business In the State of Californla, any of WhlCh to be approved by the Clty 6 - e Manager or hl.s designee. The total aggregate ll.ablllty on saId bond shall be lUll ted to the payment of Five Thousand Dollars ($5,000.00). Said bond shall be cond 1 tloned upon the strIct compl iance, by the princIpal, with the provisions of thlS Article, and the payme n t of any dlrect pecuniary loss sustalned, through any act of grand or petty theft on the part of the principal, hls agent( s} or employee(s) by any donor or by any person on whose behalf the the funds or personal property were solic i ted or rece i ved by the principal, and shall further secure payment of all fees due the City of Santa Monica. (2) Sald bond shall remain In force and effect for the entIre period of the permIt. The suretIes may cancel saId bond and be relieved of further liability thereunder by delIvering thirty (30) days' written notice to the City Manager or hlS deSIgnee. Such cancellation shall not effect any lIabIlIty incurred or accrued thereunder prior to the term i n a t Ion 0 f s a I d t h i r t y (3 0) day period. 7 e e (3) Any person who sustains any Injury covered by said bond, may in additlon to any other remedy that he may have, brIng an action in hIS own name upon said bond for the recovery of any damage sustaIned by him. (4) Upon such action belng commenced, such bond shall not be void upon first recovery thereon, but may be sued upon from time to time until the whole or such penalty shall be exhausted. The City Manager or his designee may, in its discretion, require the filing of a new bond, and immedIately upon the recovery in any action on such bond, such Bingo Manager shall file a new bond, and upon failure to file the same within ten (10) days in either case, the Department shall forthwlth suspend such permit. (5) The time within which any action can be brought against a surety upon any bond filed hereunder may, by express provislon of the bond to that effect, be limlted to a period of two (2) years from and after the d 1 scovery, by the person aggrieved, of the act or default complained of. 8 e e L. Blngo Perm~t Issuance Fee. Upon f~ling the applicatl.on, the applicant shall pay the sum of One Hundred Fifty ($150) Dollars for a yearly permit or Seventy-Five {$75) Dollars per day for a daily permit for the first day and Twenty-Five ($25) Dollars for each addi tional day. Sa~d appl ican t shall agree l.n writing that the fee paid is the reasonable cost of perm~t issuance. M. Investigatlon. The City Manager or his designee shall examine such application and shall make such further investlga tion of the appllcant and its or his affairs as the City Manager or his designee shall deem adv~sable. The City Manager or his deslgnee shall Issue a permit only if: (1) That the applicant applying or representat~ves of the applicant organization is of good moral character and does not have a bad reputat10n for truth, honesty or integrity. (2) That all of the statements made in such applIcation are and each of them IS true and not deceptive or miSleading and that the applicant has not 9 ~ e . violated any of the provisions of this Article or engaged in any fraudulent transaction or enterprise that the applicant intends to conduct its business fairly and honestly. Otherwlse, the City Manager or his designee shall deny the application and refuse to issue a permit, and shall notify the applicant of its decision. N. Revocation. All permits issued hereunder shall be subject to the condi tion that the appl icant there af ter shall cease and desist from operatlng a bingo game within said City of Santa Monlca when ordered so to do by the City if the City Manager or his designee finds after a hearing, as provided in Section 6126 of the Santa Monica Municipal Code, that any act or omission of such applicant or any of their agents, servants, or employees ln the conduct of bingo games within the City of Santa Monica is unfair, unjust, inequitable or fraudulent. The Clty Manager or his designee must suspend or revoke any such permit if, after hearing upon notice, the City Manager or hiS designee shall find 10 e e the existence of any of the grounds here1nabove enumerated for the denial of an application for a Bingo Permit, 1ncluding, but not limited to finding that statements made 1n such application are not true or are deceptive or misleading; provided, however, that such suspens10n or revocation shall be discretionary Wl th the Ci ty Manager or h1s des1gnee if the only ground for such revocat1on 15 such that it does not affect the permittee's honesty and 1ntegrity, or the ability to properly supervise the Bingo Game. o. Termination. Every such permit shall terminate on the date of term1nation stated thereon. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistenC1es and no further, are hereby repealed or modified to that extent necessary to affect the provls10ns of this ordinance. SECTION 3. I f any sectIon, subsection, sentence, clause, or phrase of this ordinance 1S for any reason held to be invalid or unconstltutlonal by a decision of any court of any competent jurIsdictIon, such decision shall not affect the validity of the remaining portions of the ordInance. The City Council hereby 11 ~ . e e declares that ~ t would have passed this ordinance and each and every sectIon, subsection, sentence, clause or phrase not declared inval id or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. ThIS City Clerk shall cause the same to be publ1shed once In the official newspaper within 15 days after ~ts adoptlon. The ordinance shall become effectIve after 30 days from Its adoptIon. APPROVED AS TO FORM: ~-''-;r-- Robert M. Myers CIty Attorney - 12 . . ADOPTED AND APPROVED THIS 8th DAY OF March , 1983. (lei! ~ I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE, NO. 1274 (CCS), WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 1st DAY OF March 1983; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 1983 BY THE FOLLOWING COUNCIL VOTE: 8th DAY OF Harch AYES: COUNCILMEMBERS: Conn, Edwards, Jennings, Press, Reed, Zane and ~.1ayor Yannatta Goldway NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS:None ABSTAIN: COUNCILMEMBERS: None ATTEST: ~/~ ACTING ASSIStZ\T CITY- CLERK