Ordinance - 1415ORDINANCE NO. '1415
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, 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
CONSTITUTION, 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 corpora-
tion tax by Section 23701 (d) of the Revenue and Taxation Code and a'
contribution or gift to which would be a charitable 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 information in the applica-
tion 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 a new 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
rppeal 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 organiza-
tion 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 another property
which it owns or leases 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.
(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 con-
duct 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 activ-
ities 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
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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 tele-
vision 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
publication which is distributed to the members of the non-profit organization
holding.a valid, unrevoked permit issued pursuant to this Part, or the adver-
tising 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."
SECTION 2. Ordinance No. 1321 is hereby repealed.
SECTION 3. 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 llth day of December, 1978.
ATTEST:
City Jerk
Mayor
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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. 1415 was regularly introduced
and placed upon its first reading at a regular meeting of the City Council
on the 27th day of November, 1978. That, thereafter, said ordinance was duly
adopted and passed at a regular meeting of the City Council on the llth day of
• December, 1978, by the following vote, to wit:
AYES: Councilmen: Shearer, Browne, Chappell, Tice.
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NOES: Councilmen: Miller
ABSENT: Councilmen: None
APPROVED AS TO FORM:
0
City Attorney
Ul/ -
City Clerk
MAM