Ordinance No. 425 - License Procedures and RegulationsORDINANCE NO. 425
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD ESTABLISHING
LICENSE PROCEDURES AND REGULATIONS
FOR THE CONDUCT OF BINGO GAMES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 2.1 is hereby added to Article
VI of the Rosemead Municipal Code (as Sections 6213 through
and including 6213.24)., Said provisions are contained in the
exhibit attached to this ordinance and incorporated by reference
as if fully set forth herein.
Section 2., The provisions of this ordinance shall
take effect on January 1, 1977.
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PASSED, APPROVED AND ADOPTED this 14th day of December , 1976.
MAYOR °
ATTEST:
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CITY ATTORNEY
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was
an office or for performance of the purposes for
which the applicant is organized, on which property
bingo games will be conducted, together with the
occupancy capacity of such place.
(4) Proposed days of week and hours of day
for conduct of bingo games.
.(5) That the applicant agrees to conduct bingo
games in strict accordance with the provisions of
Section 326.5 of the Penal Code and this chapter,
as they may be amended from time to time, and agrees
that the license to conduct bingo games may be re-
voked by the City Manager upon violation of any of
such provisions.
- (6) Said application shall be signed by the
applicant under penalty of perjury.
(7) The annual license fee fixed by the City
Council by resolution shall accompany the application.
(8) The applicant shall also submit, with its
application, a Certificate or Determination of Exemp-
tion Under Section 23701d of the Revenue and Taxation
Code, or a letter of good standing from the Exemption
Division of the Franchise Tax Board in Sacramento,
showing exemption under said Section 23701d.
6213.4 Investigation of Applicant. Upon receipt of the
completed application and the fee, the City Manager
shall refer the same to interested departments of
the City, including but not limited to the City
Attorney, Police Department, Community Development
Department and the Fire Department, for investiga-
tion as to whether or not all the statements in the
application are true and whether or not the property
of the applicant qualifies and the extent to which
it qualifies, as property on which bingo games may
• lawfully be conducted, as to fire, occupancy, and
other applicable restrictions.
6213.5 Contents of License. Upon being satisfied that the
applicant is fully qualified, under the law, to
conduct bingo games in the City, the City Manager
shall issue a license to said applicant, which shall
contain the following information:
(1) The name and nature of the organization
to whom the license is issued.
shall be revoked under this section unless notice of
the time and place of such hearing shall have first
been given at least five days before the hearing
thereof by depositing in the United States mail a
notice directed to said suspended licensee at the
address given in the application. The notice shall
set forth a summary of the ground advanced as the
basis of the suspension and revocation.
(e) Any organization whose license is revoked
under this section shall not conduct any bingo game
in.the City until such time as the City Council, on
appeal, determines to overrule the decision of the
City Manager.
6213.7 Revocation of License - Alternative Procedure.
(a) Whenever it appears to the City Manager that
the licensee is conducting bingo games in violation of
any of the provisions of this chapter, or that the
license was obtained by fraudulent representation
and no summary suspension is ordered. under Section
6213.6, the license may be revoked; provided, however,
the licensee may appear before the City Manager at the
• time fixed by the City Managerfor the purpose of
presenting evidence why the license should not be
revoked. No license shall be revoked under this
section unless written notice shall have first been
given at least five days before the hearing thereof
by depositing in the United States mail a notice
directed to said licensee at the address given in
the application. The notice shall set.forth a summary
of the ground advanced as the basis of the revocation.
(b) Any organization whose license is revoked
under this section shall not conduct any bingo game
in the City until such time as the City Council, on
appeal, determines to overrule the decision of the
City Manager.
6213.8 Appeal of Revocation to City Council.
(a) Any holder of a license whose license is
revoked under this chapter shall have the right,
within ten (10) days after receiving notice in
writing of the revocation, to file a written appeal
to the City Council. Such appeal shall set forth the
specific ground or grounds on which it is based. The
City Council shall hold a hearing on the appeal within
thirty (30) days after its receipt by the City, or
at a time thereafter agreed upon and shall cause
wage, or salary from any bingo game. Only the
licensee shall operate such game or participate in
the promotion, supervision or any other phase of
such game.
6213.14 Bingo Games Open to Public. All bingo games shall
be open to the public, not just to the members of
the licensee organization.
6213.15 Attendance Limited to Occupancy Capacity. Notwith-
standing that bingo games are open to the public,
attendance at any bingo game shall be limited to the
occupancy capacity o£ the room in which such game
is conducted as determined by the Fire Department
and Building Department of the City in accordance
with applicable laws and regulations. Licensee
shall not reserve seats or space for any person.
6213.16 Bingo Games Conducted' Only on Licensee's Property.
A licensee shall conduct a bingo game only on
property owned or leased by it, and which.property
is used by such organization for an office or for
performance of the purposes for which the organiza-
tion is organized. The license issued under this
• chapter shall authorize the holder thereof to conduct
bingo games only on such property, the address of
which is stated in the application. In the event
the described property ceases to be used as an office
and as a place for performance of the.purposes for
which the licensee is organized, the license shall
have no further force or effect. A new license may
be obtained by an eligible organization, upon appli-
cation under this chapter, when it again owns or
leases property used by it for an office or for per-
formance of the purposes for which the organization
is organized.
6213.17 Minors Not to Participate. No person under the age
of eighteen 18 years o age shall be allowed to
participate in any bingo game.
i 6213.18 Intoxicated Persons Not to Participate. No person
who is obviously intoxicated shall be allowed to
participate in a bingo game.
6213.19 Hours of Operation. No licensee shall conduct any
bingo game more than six hours out of any twenty-
four hour period. No bingo game shall be conducted
before 10 AM nor after 2 AM of any day.
AFFIDAVIT 0= ~T ti;G
STATE OF CAL1FORMIA )
COUNTY OF LOS ANGELES ) SS_
CITY OF ROSEMEAD j
Jenny E. Young.
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rst duly warn
depose and says. .
• T hat .,she now, and at al I_ t Imes herel n rp°_n t Oned `735
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,
,
City Clerk
of W-,d for the City 0f P%osewa.
Cou;Ity of Los Angel es, State of- Cal i fnrn i z
State of C
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that OTI the- 28th day r, r- December 19 76"'
posted a true and correct copy of Ordinance-425. '(Bingo Ord;)
e c6py o," trhich is attached hereto and rea~ie a' dart Izereor; at
each of the. three public places specified in Section 28,,o Of ~h:
Ras lead City Code, -ursuant to Section 36933 of the Cal Horn I a.
- GoverhMent Code,-there being no adjudicated na•tspapar of gen°ra'
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circctlatio!3 published and circulated in tfle City of Rosemead
that said posting tsar corn Ieted on the 28th
p day or December"
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29 76 and that a total num-goer of cop-, es by I all of said
~
Ordinance
re So pasted-
I DECLARE UNDER .Pu-Pr":017 PERJURY- THAT THFOREG01N'G+IS T
APW- CORRECT:.
EXeGti zed on the "28th day of December T6'
19
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:
a
Roseal-_ad, County of Los_ Angeles, State of Cal iTornia_
9-7-d' vl-~S
6213.20 Participant Must Be Present. No person shall be
allowed to participate in a bingo game, unless the
person is physically present at the time and place
in which the bingo game is being conducted.
6213.21 Receipt of Profit by a Person a Misdemeanor under
State Law. It is a misdemeanor under Section 326.5(b)
of the Penal Code of the State of California for any
person to receive a profit, wage, or salary from.any
bingo game authorized under this chapter, a violation
of which is punishable by a fine not to exceed ten
thousand dollars ($10,000), which fine shall be
deposited in the general fund of the City of Rosemead.
6213.22 City May Enjoin Violation. The City of Rosemead may
bring an action in a court of competent jurisdiction
to enjoin a violation of Section 326.5 of the Penal
Code or of this chapter.
6213.23 Severabil'ity. If any section, subsection or portion
of this chapter is for any reason held to be invalid
or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect
• the validity of the remaining portion of this chapter.
The City Council hereby declares that it would have
adopted this chapter and each section, subsection or
portion thereof, irrespective of the fact that any one
or more sections, subsections or portion be declared
invalid or unconstitutional.
6213.24 This Chapter of the Municipal Code shall become effective
January 1, 1977.
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