O1274
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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:
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(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
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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
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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
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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
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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
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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.
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(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.
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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
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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
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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
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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
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ADOPTED AND APPROVED THIS
8th
DAY
OF
March
, 1983.
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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:
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ACTING ASSIStZ\T CITY- CLERK