Ordinance - 1361ORDINANCE NO. 1361
AN ORDINANCE OF THE CITY COUNCIL OF THE
• CITY OF WEST COVINA REENACTING PART 6 TO
CHAPTER 3 OF ARTICLE VI OF THE WEST COVINA
MUNICIPAL CODE TO AUTHORIZE THE ISSUANCE
OF PERMITS FOR THE PLAYING OF BINGO TO NON-
PROFIT CHARITABLE ORGANIZATIONS CONSISTENT
WITH SECTION 19 OF ARTICLE IV OF THE CON-
STITUTION, WITH CERTAIN AMENDMENTS.
The City Council of the City of West Covina does
ordain as follows:
SECTION 1. Part 6 is hereby added to Chapter 3 of
Article VI of the West Covina Municipal Code to read as follows:
"Part 6
Bingo for Charitable Purposes
6385. Bingo Games. Definition
As used in this Part, "Bingo" means a game of chance
in which prizes are awarded on the basis of designated numbers
or symbols on a card which conform to numbers or symbols selected
at random.
• 6386. Bingo Game. Authorized.
Bingo.may be lawfully played in the City of West Covina
pursuant to the provisions of Section 326.5 of the California Penal
Code and this Part and not otherwise.
6387. .Permit Required.
Any non-profit charitable organization which is located
in the City of West Covina and is exempt from the payment of the
bank and corporation tax by Section 23701 (d) of the Revenue and
Taxation Code and a contribution or gift to which would be a chari-
table contribution -under Section 170 (c) (2) of the Internal Revenue
Code of 1954 as amended, may apply to the License Collector for
a permit to operate a Bingo Game pursuant to this Part. As used
in this part "non-profit charitable organization" means corporations,
community chests or trusts, organized and operated exclusively
for religious, charitable, scientific, testing for public safety,
literary or educational purposes or for the prevention of cruelty
to children or animals and includes bona fide veterans organizations
and senior citizens' groups.
6388. Application.
The application shall be upon a form prescribed by
• the License Collector, shall be personally signed by three officers
of the non-profit charitable organization or by a person specifically
authorized for that purpose by the organization, be accompanied by
a copy of the articles of incorporation or other evidence of the
charitable nature of the organization and a certificate issued by
both the State Franchise Tax Board and the United States Collector
of Internal Revenue certifying to the exempt status of the non-
profit organization. If the applicant is a veterans organization
or a senior citizens group which is not incorporated, certificates
of exemption shall not be required.
6389. Permit Fee.
• The application shall be accompanied by a non-refundable
permit fee in the amount of $25.00 which is the amount determined
by the City Council to be the actual cost of verifying the infor-
mation in the application and issuing the permit. The permit shall
not be issued until the License Collector has verified the facts
stated in the application and has determined that the application
meets the requirements of this Part and is entitled to the permit.
6390. Annual Permit Required..
Any permit issued pursuant to this Part shall be
subject to the conditions contained in Section 326.5 of the Penal
Code. and this Part and shall be valid for a period of one year.
A new permit can only be obtained upon a year-to-year basis upon
the filing of anew application and the payment of the permit fee.
The fact that a permit has been issued to an applicant creates no
vested right on the part of the permittee to continue to play
bingo. The City Council expressly reserves the right to amend
or repeal this enabling ordinance at any time. If this ordinance
is repealed, all permits issued pursuant hereto shall cease to be
effective for any purpose on the effective date of the repealing
ordinance.
6390.1 Conditions
• Each permit issued pursuant to this Part shall be
issued subject to the following conditions:
(a) No minor shall be allowed to participate in
any bingo game.
(b) A bingo game shall be only conducted on property
owned or leased by the non-profit charitable organization which
holds a valid permit issued pursuant to this Part and which property
is used by such organization for an office or for the performance
of the purposes for which the organization is organized. The
property shall have been owned or leased and occupied by the non-
profit charitable organization for its charitable purposes for a
period of at least one year prior to the date of the application
for the permit.
The permit may be transferred to another location,
with permission of the License Collector, if the organization
relocates to ahother- property _which - it- owns or lea-ses_ for an. office
or for the _ performance of the purposes for which the organization
is organized. -
(c) All bingo games shall be open to the public and
not limited to the members of the non-profit charitable organization.
• (d) A bingo game shall be operated and staffed only
by members of the non-profit charitable organization which holds
a valid permit issued pursuant to this Part. No member of the non-
profit charitable organization shall receive a profit, wage, or
salary from any bingo game. Only the organization holding a valid
permit to conduct a bingo game shall operate such game or participate
in the promotion, supervision, or any other phase of such game.
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(e) No individual, corporation, partnership, or
other legal entity except the organization holding a valid permit
issued pursuant to this Part is authorized to conduct a bingo game
or to have a financial interest in the conduct of such a game.
(f) All profits 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 funds may be expended only
for the use and benefit of the charitable activities of such
charitable organization. At the time of the application for the
renewal of a permit, the License Collector may require the applicant
to file with him a copy of an audit of the special fund or account
prepared by a certified public accountant showing the gross revenue
received from all bingo games, the costs incurred in the operation
of the games, including the amounts paid out in connection therewith,
the amount deposited in the special fund and any expenditures
made from the special fund. No renewal permit shall be issued
until .a copy of the audit report is filed with the License Collector
if the filing of such a report is required.
(g) 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.
(h) The total value of prizes awarded during the
conduct of any bingo game shall not exceed $250.00 in cash. or kind
or both for each separate game which is held.
(i) Bingo games may not be conducted by any permittee
on more than one day during any one week and no game shall be
permitted or conducted before 10:00 a.m. or after 11:30 p.m. of
any day.
• (j) No commercial sign advertising the playing of
bingo may be erected by or .,on behalf of any permittee and the
commercial advertising of the playing of bingo in any newspaper or
handbill or upon radio or television is strictly prohibited. The
Handbill Ordinance.of the City of West Covina shall be complied
with. Nothing in this section is intended to prohibit notice that
bingo will be conducted at specified times and places in any publi-
cation which is distributed to the members of the non-profit organ-
ization holding a valid, unrevoked permit issued pursuant to this
Part, or the advertising of the time and place at which bingo games
will be conducted by means of posters placed in display windows if
no payment is made for the right to display such posters. One or
more room identification or directional signs may be installed in
the interior of any building in which bingo may be played.
(k) The non-profit charitable organization to which
a permit to operate a bingo game is issued pursuant to this Part
shall be responsible to see that the conditions contained in this
Part are complied with by the organization, its officers and .
members. Any violation of one or more of the conditions of the
permit shall constitute cause for its revocation by `the City Council.
A Notice of Intention to revoke the permit shall be mailed to the
address of the permittee and specifying the causes alleged to
justify the revocation. Within 10 days after the mailing of the
Notice of Intention, the organization may request that the City
Council hold a public hearing on the revocation. If no request
for a public hearing is received within the time specified, the
City Council may revoke the permit. If a public hearing is requested,
the City Council shall fix a time and place therefor and notify
the permittee thereof. The provisions of Section 6239 of this
Code shall govern the procedure to be'followed for the revocation
hearing.
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SECTION 2. This ordinance shall cease to be effective
on January 1,.1979. Any permit issued pursuant to this ordinance
during the calendar year 1978 shall expire and be of no further
force or effect on January 1, 1979, unless this ordinance.is re-
enacted by the City Council and the permits are expressly extended
for the remainder of the term for which they were issued.
• SECTION 3. Ordinance No. 1321 is hereby repealed.
SECTION 4. The City Clerk shall certify to the passage
of this ordinance and shall cause the same to be published as
required by law.
Passed and approved this 12th day of December ,
1977.
Mayor
ATTEST:
Z/s z
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF WEST COVINA )
I, LELA W. PRESTON, City Clerk of the City of West Covina,
do hereby certify that the foregoing Ordinance No. 1361 was
• regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the '28tI,day of November ,
1977. That, thereafter, said ordinance was duly adopted and passed
at a regular meeting of the City Council on the 12th day of
December 1977, by the following vote, to wit:
AYES: Councilmen: Chappell;"„Browne,.,T ice,..Shearer
NOES: Councilmen: <M ller
ABSENT: Councilmen: None
APPROVED AS TO FORM: -
City Attorney
0
City Clerk