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4001ORDINANCE N0. 4001 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 7.34.165, 7.34.1502 7.34.200, 7.34.210 AND 7.34.240, AND ADDING SECTION 7.34.280, TO CHAPTER 7.34 OF 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 Sections 7.34.165, 7.34.180, 7.34.200, 7.34.210 and 7.34.240 of Chapter 7.34, Title 7, of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: "7.34.165 MONTHLY REPORT OF RECEIPTS AND EXPENDITURES On or before the fifteenth day of each month, the licensee shall report in writing to the City License Collector, on forms provided by the City License Collector for such purpose, an accounting of all bingo game receipts and expendi- tures for the immediately preceding calendar month." "7.34.180 EXCLUSIVE OPERATION BY LICENSEE .010 A bingo game shall be operated, conducted and staffed only by members of the licensee organization. Each licensee organiza- tion shall keep and maintain a current roster containing the names of all of its members, which roster shall be conspicuously posted on the premises where such games are conducted and shall be open to public inspection at all times during the hours such games are conducted. Such members shall not receive a profit, wage, salary, or other consideration from any source whatsoever, for services rendered in connection with said bingo games, including any free or discounted play of any bingo game. Only the licensee shall operate and conduct such game, or participate in the promotion, supervision or any other phase of such game. -1- .020 Each licensee shall have written policies incorporated in its constitution, articles, by-laws or other regulations setting forth the manner in which a person may become a member of the organization. Absent any such writ- ten policies, it shall be presumed that the organization has no members who may operate or staff bingo games within the meaning of Section 326.5 of the Penal Code." "7.34.200 ATTENDANCE LIMITED TO OCCUPANCY CAPACITY. Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department and Building Division of the City of Anaheim in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person. In no event shall licensee permit in excess of 500 persons to participate in any bingo game." "7.3+.210 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 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 application 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 organization 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 three days 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." -2- "7.34.240 DAYS AND HOURS OF OPERATION A licensee may conduct bingo games on not more than three days during any seven-day period. This limitation shall preclude a licensee from conducting bingo games at the location authorized pursuant to the license where such licensee has conducted bingo games on three or more days during said seven-day period at any other location pursuant to said license or pursuant to any other license or licenses issued by any other city in Orange County, or by the County of Orange. Once during each calendar year, the Chief of Police 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, such as an annual festival, bazaar or similar event. A licensee may not conduct bingo games between the hours of twelve midnight and 10:00 a.m. of any day." SECTION 2. That new Section 7.34.28 be, and the same is hereby, added to Chapter 7.311 of Title 7 of the Anaheim Municipal Code, to read as follows: "7.34.280 REGULATION OF GAMES AND EQUIPMENT The Chief of Police may prescribe such regulations with respect to the conduct of the games and the equipment and cards used by the licensee as he deems necessary to ensure the fair- ness and integrity of the games, and the accounta- bility of the funds collected." SECTION 3. EFFECT UPON EXISTING LICENSES With respect to any bingo license heretofore issued by the City of Anaheim and existing on the effective date of this ordinance, the provisions of Sections 7.34.210 and 7.34.240 hereof shall become effective as to such licensee immediately upon the expiration date of such current license, and any renewal or reissuance of such license shall conform to the requirements of said Sections and all other provisions of this ordinance; all other provisions hereof shall become -3- effective immediately upon the effective date of this ordinance. Nothing contained herein shall be construed to permit an exist- ing license to expand its days or hours of operation, as the same are specified in such existing license, in a manner otherwise prohibited by the provisions of this ordinance. SECTION 4. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 5. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or amendment hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were commited 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 6. 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 8th day of May,1979. ATTEST: CITY'CLERK OF THE CITY 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 foregoing Ordinance No. 4001 was introduced at a regular meeting of the'City Council of the City of Anaheim, held on the lst day of May, 1979, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 8th day of May, 1979,,by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour NbES: COUNCIL MEMBERS: None Jp ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4001 on the 8th day of May, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of May, 1979. CITY CLERK OF THE CIV OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4001 and was published once in the Anaheim Bulletin on the 18th day of May, 1979. We— R We—