Ord 706ORDINANCE NO. 706
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER
5.72 BY AMENDING SECTIONS 5.72.010, 5.72.040, 5.72.060, 5.72.070, 5.72.080,
5.72.090, 5.72.110; AND ADDING SECTION 5.72.105, ALL RELATING TO BINGO
WHEREAS, remote caller bingo is a type of bingo game where the random draw
of numbers of symbols is conducted and announced in one location, and players can
participate from another location using audio or video technology; and
WHEREAS, cities in California are authorized by state law to pass an ordinance
authorizing remote caller bingo, if the games are "conducted according to the conditions
set forth in state law, including limits on the types of organizations that can conduct
remote caller bingo, and a requirement that proceeds from remote caller bingo be used
for non - profit purposes; and
WHEREAS, the City has received an inquiry from a nonprofit organization that is
interested in conducting remote caller bingo as a charitable fundraising activity; and
WHEREAS, the use of remote caller bingo for charitable fundraising, according
to the conditions set forth in state law, would provide a benefit to the community.
WHEREAS, there is a need to amend Chapter 5.72 of the Poway Municipal Code
in order to authorize remote caller bingo, and also to update the general provisions of
Chapter 5.72 so that it conforms with current state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1 : Section 5.72.010(A) is hereby modified to read as follows
"Authorized organization" is an organization exempted from the payment of the bank
and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g,
23701 k, 23701w or 237011 of the Revenue and Taxation Code. Authorized organization
also includes a senior citizens organization, a mobile home park association, or a
charitable organization affiliated with a school district.
Section 2 : Section 5.72.010(B) is hereby modified to read as follows:
"Bingo" is a game of chance in which prizes are awarded on the basis of designated
numbers or symbols that are marked or covered by the player on a tangible card in the
player's possession and that conform to numbers or symbols selected at random and
announced by a live caller. The game of bingo also includes cards having numbers or
symbols which are concealed and preprinted in a manner providing for distribution of
prizes. The winning cards shall not be known prior to the game by any person
participating in the playing or operation of the bingo game. All such preprinted cards
shall bear the legend, "for sale or use only in a bingo game authorized under California
law and pursuant to local ordinance ".
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Section 3 : Subsection (D) is hereby added to Section 5.72.010, to read as follows:
"Remote caller bingo" means a game of bingo, as defined in subdivision (o) of Penal
Code section 326.5, in which the numbers or symbols on randomly drawn plastic balls
are announced by a natural person present at the site at which the live game is
conducted, and the organization conducting the bingo game uses audio and video
technology to link any of its in -state facilities for the purpose of transmitting the remote
calling of a live bingo game from a single location to multiple locations owned, leased or
rented by that organization.
Section 4 : Section 5.72.040, entitled "Specific games prohibited ", is hereby modified to
read as follows:
This chapter is intended to prohibit the playing of "bingo," "tango," "bridgo," "skill ball' or
any game or combination of games similar in operation to such games, except as
specifically authorized by this chapter, and to apply to free as well as to paid playing of
such games.
Section 5 : Section 5.72.060, entitled "License ", is hereby modified to read as follows:
A license shall only be issued to a person who is a member of an Authorized
organization. The procedure to follow, except as otherwise provided in this chapter, in
obtaining a license is that set forth in the Uniform Licensing Procedure set out in
Chapter 5.04 PMC.
Section 6 : Section 5.72.070(C) is hereby modified to read as follows:
Proof that the organization is an Authorized organization as defined in this chapter.
Section 7 : Section 5.72.080(6) is hereby modified to read as follows:
The fee for a bingo license shall be established by City Council resolution from time to
time. One half of the fee shall be refunded if the application for a license is denied. An
additional fee, as established by City Council resolution from time to time, will be
applied to monthly gross receipts over $5,000 derived from bingo games and shall be
collected monthly by the Issuing Officer.
Section 8 : Section 5.72.090, entitled "Limitations ", is hereby modified to read as
follows:
An Authorized organization shall conduct a bingo game only on property that has been
owned or leased by it or property whose use is donated to the organization, and which
property is used by such organization for an office or for the performance of the
purposes for which the organization is organized. Nothing in this section shall be
construed to require that the property owned or leased by the organization be used or
leased exclusively by, or donated exclusively to, such organization.
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A. No minors shall be allowed to participate in any bingo game.
B. All bingo games shall be open to the public, not just to the members of the
Authorized organization.
C. A bingo game shall be operated and staffed only by members of the
Authorized organization. Such members shall be approved by the Chief of Police. If,
after the license has been issued, the authorized organization submits additional names
to the Issuing Officer for approval, the application for approval shall be accompanied by
a fee for each additional name, as shall be established by City Council resolution from
time to time, and of which no part shall be refundable, and which shall be used to defray
the cost of investigation. Such members shall not receive a profit, wage or salary from
any bingo game. Only the organization authorized to conduct a bingo game shall
operate such game or participate in the promotion, supervision or any other phase of
such game.
D. No individual, corporation, partnership, or other legal entity except the
organization authorized to conduct a game shall hold a financial interest in the conduct
of such bingo game.
E. With respect to organizations exempt from payment of the bank and
corporation tax by Section 23701d of the Revenue and Taxation Code, 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 profits shall be used only for
charitable purposes. With respect to other organizations authorized to conduct bingo
games, all proceeds 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 proceeds
shall be used only for charitable purposes, except as follows:
1. Such proceeds may be used for prizes.
2. A portion of such proceeds, as established by City Council resolution
from time to time, may be used for the rental of property, overhead, including the
purchase of bingo equipment and administrative costs, security equipment and security
personnel.
3. Such proceeds may be used to pay license fees.
F. Within 30 days after the bingo game is held the applicant will file with the
Issuing Officer a full and complete financial statement of all moneys collected, disbursed
and the amount remaining for charitable purposes.
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.
This provision shall not apply to a person participating in a game of Remote caller bingo
meeting the requirements of Section 5.72.105.
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H. The total value of the prizes awarded during the conduct of any bingo games
shall not exceed $500 in cash or kind, or both, for each separate game which is held.
This provision shall not apply to a person participating in a game of Remote caller bingo
meeting the requirements of Section 5.72.105.
I. No bingo game shall be conducted between the hours of midnight and 8:00
a. m.
J. The licensee may conduct bingo on not more than three days during any
seven -day period. Once during each year the Issuing Officer may permit a licensee to
conduct bingo games for more than three days during any seven -day period; provided,
that such permission shall be limited to bingo games which will be conducted in
conjunction with an established annual event regularly held by the licensee. This
provision shall not apply to games of Remote caller bingo meeting the requirements of
Section 5.72.105.
Section 9 : Section 5.72.105 entitled "Remote Caller Bingo" is hereby added to read as
follows:
A. Legislative Authorization.
This Section 5.72.105 is adopted pursuant to Section 19 of Article IV of the California
Constitution, as implemented by Sections 326.3 and 326.4 of the Penal Code.
B. Remote Caller Bingo Authorized.
Remote Caller Bingo may be lawfully played in the City of Poway pursuant to the
provisions of Sections 326.3 and 326.4 of the Penal Code, and this chapter, and not
otherwise.
C. Qualified Applicants: Applicants for Licensure.
1. The following organizations are qualified to apply to the License Official for a
license to operate a bingo game if the receipts of those games are used only for
charitable purposes:
a. An organization exempt from the payment of the Bank and
Corporation Tax by Section 23701, 23701a, 23701 b, 23701d,
23701e, 23701f, 23701g, 23701k, or 23701w of the Revenue and
Taxation Code.
b. A mobile home park association of a mobile home park that is
situated in the City of Poway.
c. Senior citizen organizations.
d. Charitable organizations affiliated with a school district.
2. The application shall be in a form prescribed by the License Official and shall
be accompanied by a nonrefundable filing fee in an amount determined by resolution of
the City Council from time to time. The following documentation shall be attached to the
application, as applicable:
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a. A certificate issued by the Franchise Tax Board certifying that the
applicant is exempt from the payment of the Bank and Corporation Tax pursuant to
Section 23701d of the Revenue and Taxation Code.
b. Other evidence as the License Official determines is necessary to
verify that the applicant is a duly organized mobile home park association of a mobile
home park situated in the City of Poway.
D. License Application: Verification.
The license shall not be issued until the License Official has verified the facts stated in
the application and determined that the applicant is qualified.
E. Annual Licenses.
A license issued pursuant to this chapter shall be valid until the end of the calendar
year, at which time the license shall expire. A new license shall only be obtained upon
filing a new application and payment of the license fee. The fact that a license has been
issued to an applicant creates no vested right on the part of the licensee to continue to
offer bingo for play. The City Council expressly reserves the right to amend or repeal
this chapter at any time by resolution. If this chapter is repealed, all licenses issued
pursuant to this chapter shall cease to be effective for any purpose on the effective date
of the repealing resolution.
F. Conditions of Licensure.
1. Any license issued pursuant to this chapter shall be subject to the conditions
contained in Sections 326.3 and 326.4 of the Penal Code, and each licensee shall
comply with the requirements of those provisions.
2. Each license issued pursuant to this chapter shall be subject to the following
additional conditions:
a. Bingo games shall not be conducted by any licensee on more than
two days during any week, except that a licensee may hold one additional game, at its
election, in each calendar quarter.
b. The licensed organization is responsible for ensuring that the
conditions of this chapter and Sections 326.3 and 326.4 of the Penal Code are complied
with by the organization and its officers and members. A violation of any one or more of
those conditions or provisions shall constitute cause for the revocation of the
organization's license. At the request of the organization, the City Council shall hold a
public hearing before revoking any license issued pursuant to this chapter, following the
procedure set forth in the Uniform Licensing Procedure, set out in PMC Chapter 5.04.
Section 10 : Section 5.72.110, formerly entitled "Violation- Penalty ", is hereby modified to
read as follows:
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5.72.110 Violation
It is unlawful for any person to receive a profit, wage or salary from any bingo game
authorized by this chapter. This section does not preclude the employment of security
personnel who are not members of the Authorized organization at a bingo game by the
organization conducting the game.
Section 11 : This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names of members voting for and against
the same in the Poway News Chieftain, a newspaper of general circulation published in
the City of Poway.
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held the 18 day of May 2010, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 1 st day of June 2010.
Don Higginson, Mayor
ATTEST:
da . Troyan, MMC, City lerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No. 706, was duly adopted by the City Council at a meeting of said
City Council held on the 1st day of June 2010, and that it was so adopted by the
following vote:
AYES: BOYACK, CUNNINGHAM, KRUSE, HIGGINSON
NOES: NONE
ABSENT: REXFORD
DISQUALIFIED: NONE
L i Li a A. Troyan, MMC
City Clerk
City of Poway