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4088ORDINANCE NO. 4088 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 7.34.0509 7.34.1509 7.34.170 AND 7.34.210 OF CHAPTER 7.349 TITLE 7, OF THE ANAHEIM MUNICIPAL CODE RELATING TO BINGO GAMES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 7.34.050 of Chapter 7.34, Title 7, of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "7.34.050 LICENSE FEE Each new application or renewal shall be accompanied by an annual license fee in the amount of fifty dollars, one-half of which shall be refunded to the applicant if the license is denied. An additional fee equal to one percent (1%) of the monthly gross receipts over five thousand dollars derived by licensee from bingo games for the immediately preceding calendar month shall be paid to the City by licensee. Said additional fee shall be paid to the City monthly on or before the fifteenth day of each month and shall be submitted to the City License Collector together with the monthly report of receipts and expenditures required pursuant to Section 7.34.165 of this Chapter. Each license shall expire one year from the date of issuance by the City." SECTION 2. That Section 7.34.150 of Chapter 7.34, Title 7, of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "7.34.150 PROFITS TO BE KEPT IN SEPARATE FUND OR ACCOUNT. All profits derived from any bingo game by any organization exempt from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code shall be kept in a special fund or account and shall not be comingled with, or transferred to, any -1- other fund or account of said licensee organiza- tion. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be comingled with, or transferred to, any other fund or account of said licensee organization. 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 not to exceed ten percent (10%) of the proceeds before the deduction for prizes, or five hundred dollars $500.00) per month, whichever is less, may be used for rental of property, overhead including the purchase of bingo equipment, and administrative expenses. (3) Such proceeds may be used to pay license fees." SECTION 3. That Section 7.34.170 of Chapter 7.34, Title 7, of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 117.34.170 INSPECTION OF RECORDS. It shall be the duty of every licensee to keep and preserve, for a period of three (3) years, all records, ledgers and accounts relating to the proceeds and expenditures, and the distri- bution of all profits, derived from bingo games as are necessary to determine or establish compliance with the provisions of this chapter, which records, ledgers and accounts shall be made available by the licensee to the City Auditor, or his designated representative, at all reasonable times upon demand. Photocopies of said records, ledgers and accounts shall be provided to the City Auditor by licensee, upon demand, at no charge to the City." -2- .'SECTION 4. That Section 7.34.210 the Anaheim Municipal Code be, amended to read as follows: of Chapter 7.34, Title 7, of and the same is hereby, "7.34.210 BINGO GAMES CONDUCTED ONLY ON LICENSEEIS 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 organization 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 applica- tion under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organ- ization is organized. Nothing in this Section shall be construed to require that the property owned or leased by the licensee be used or leased exclusive- ly by such licensee; provided, however, that said property shall in no event be used for the conduct of bingo games more often than one day out of any seven-day period, nor more than six hours out of each such day, regardless of the total number of licensees utilizing said property." SECTION 5 SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, hereof are declared invalid or unconstitutional. -3- SECTION 6. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. 'SECTION 7. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 26th day of December, 1979. ATTEST: CITW CLERK OF THE'ZITY OF ANAHEIM JLW: j h —4— STATE OF CALIFORNIA. ) COUNTY OF ORANGE ) ss: CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of'the'City of Anaheim, do hereby certify that the for Ordinance.No.�4088 was introduced at a.regular.meeti.ng o f the'City Council of - the City of'Anaheim, held -on'the18th day of'December, 1979, and that the'same was duly passed and adopted'at a regular meeting of said City Council held on'the 26th day of'Decembet, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: .Overholt, Kaywood and Bay NOES: COUNCIL MEMBERS: Roth and Seymour ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor'of the'City of'Anaheim signed said Ordinance No. 4088 on-the'26th day of'Decembei, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of'December, 1979. • ..,.. . CITY -PLM -OF THE CITY10F ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4088 and was published once in the Anaheim Bulletin on the 4th day of January, 1980.