3559FOLLOWS:
ORDINANCE No. 3559
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 7.34 TO TITLE 7 OF THE ANAHEIM MUNI-
CIPAL CODE ENACTED UNDER SECTION 19 OF
ARTICLE IV OF THE STATE CONSTITUTION ALLOW-
ING BINGO GAMES IN THE CITY OF ANAHEIM FOR
BENEFIT OF CHARITABLE ORGANIZATIONS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Title 7 of the Anaheim Municipal Code be, and the
same is hereby, amended by adding to Title 7, Chapter 7.34 to read
as follows:
"CHAPTER 7.34 BINGO GAMES
Section 7.34.010 ORGANIZATIONS ELIGIBLE FOR CITY LICENSE
TO CONDUCT BINGO GAMES
Corporations, community chests or trusts,
which are:
(1) organized and operated exclusively for religious,
charitable, scientific, testing for public safety,
literary or educational purposes, and for the pre-
vention of cruelty to children or animals; and
(2) exempted from the payment of the bank and corpora-
tion tax by Section 23701d of the Revenue and taxa-
tion Code and a contribution or gift to which would
be a charitable contribution under Section 170(c)(2)
of the Internal Code of 1954,
are eligible to apply to the City for a license to conduct
bingo games in the City of Anaheim under the provisions of
Section 326.5 of the Penal Code and the provisions of this
chapter.
Section 7.34.020 APPLICATION FOR LICENSE
Eligible organizations desiring to obtain
such license to conduct bingo games in the City of Anaheim
shall file an application in.writing therefor in the office of
the License Collector on a form to be provided by the License
Collector. The issuing authority shall be the City Manager.
Section 7.34.030 APPLICANT MUST BE QUALIFIED
No license shall be issued to any organi-
zation unless such applicant is an eligible organization under
Section 7.34.010 and its application conforms to the require-
ment, terms and conditions and this chapter.
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Section 7.34.040 CONTENTS OF APPLICATION
Said application for a license shall
contain the following:
.010 The name of the applicant organization
and a statement that applicant is an eligible organization
under Section 7.34.010.
.020 The name and signature of at least two
(2) officers, including the presiding officer, of the corpora-
tion or community chest and the trustee of any trust.
.030 The particular property within the City
of Anaheim including the street number, owned or leased by the
applicant, used by such applicant for an office or for per-
formance of the purposes for which the applicant is organized,
on which property bingo games will be conducted, together with
the occupancy capacity of such place.
.040 Proposed days of week and hours of day
for conduct of bingo games.
.050 That the applicant agrees to conduct
bingo games in strict accordance with the provisions of
Section 326.5 of the Penal Code and this chapter as they may
be amended from time to time, and agrees that the license to
conduct bingo games may be revoked by the City Manager upon
violation of any of such provisions.
.060 Said application shall be signed by the
applicant under penalty of perjury.
.070 The license fee fixed by the City Council
by resolution shall accompany the application.
.080 The applicant shall also submit, with
its application, a Certificate or Determination of Exemption
under Section 23701d of the Revenue and Taxation Code, or a
letter of good standing from the Exemption Division of the
Franchise Tax Board in Sacramento showing exemption under said
Section 23701d.
Section 7.34.050 INVESTIGATION OF APPLICANT
Upon receipt of the completed applica-
tion and the fee, the Finance Director shall refer the same to
interested departments of the City including, but not limited
to, the City Manager, City Attorney, Police Department and the
Fire Department for investigation as to whether or not all the
statements in the application are true and whether or not the
property of the applicant qualifies and the extent to which it
qualifies, as property on which bingo games may lawfully be
conducted as to fire, occupancy and other applicable restric-
tions.
Section 7.34.060 CONTENTS OF LICENSE
-- Upon being satisfied that the applicant
is fully qualified under law to conduct bingo games in the
City of Anaheim, the City Manager shall issue a license to
said applicant, which shall contain the following information:
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.010 she name and nature of the organization
to whom the license is issued.
.020 The address where bingo games are auth-
orized to be conducted.
.030 The occupancy capacity of the room in
which bingo games are to be conducted.
.040 The date of the expiration of such
license.
.050 Such other information as nay be neces-
sary or desirable for the enforcement of the provisions of
this chapter.
Section 7. 34.070 SUIDIARY SUSPENSIO T OF 'LICENSE PEWIDIIvG
OPPORTUNITY FOR HEARING - I-ILISDEMEANOR TO
CONTINUE AFTER SUSPENSION - REVOCA�t.'ION
.010 Whenever it appears to the City I-Ianager
that the licensee is conducting a bingo game in violation of
any of the provisions of this chapter, the City Manager shall
have the authority to summarily suspend the license and order
the licensee to immediately cease and desist any further opera-
tion of any bingo game.
.020 Any person who continues to conduct a
bingo game after any summary suspension thereof under Subsec-
tion .010 shall be deemed guilty of a misdemeanor and upon
conviction thereof, shall be punishable by a fine not exceed-
ing $500 or by imprisonment in jail for a period not exceeding
six months, or by both such fine and imprisonment.
.030 The order issued under Subsection .010
shall also notify the licensee that it shall have five says
from the Gate of such order to request a hearing to deterrodne
whether such license shall be revoked. Failure to request,
in writing, such hearing before the City Manager within said
five-day period, shall result in a revocation of the license.
.040 Upon such request by the licensee,
whose license has been suspended under Subsection .010, for
a hearing to cetermine whether such license shall be revoked,
the City Flanager shall provide such hearing within ten clays
after receipt of such request at which hearing the suspended.
licensee may appear before the City 10anager for the purpose
of presenting evidence why the license should not be revoked.
No license shall be revoked under this section unless notice
of the time and place of such hearing shall have first been
given at least five days before the hearinu thereof by de-
positing in the United States r;!ai.l a notice directed to said.
suspended licensee at the address given in the application.
The notice shall set forth a summary of the ground advanced
as the basis of the suspension and revocation.
.050 Any organization whose license is
revoked under this section shall not conduct any bingo came
in the City until such time as the City Council, on appeal,
determines to overrule the clecisior: of the City 11anac er.
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Section 7.34.000 REVOCATION OF LICE? SE - ALTERNATIVE
PROCEDUPJ'
.010 Whenever it appears to the City tanager
that the licensee is conducting bingo games in violation of
any of the provisions of this chapter, or that the license
was obtained by fraudulent representation and no su--rimian7 sus-
pension is ordered, under Section 7.34.070, the license may
be revoked; provided, however, the licensee riay appear before
the City Pyanager at the time fixed by the City manager, for
the purpose of presenting evidence why the license should not
be revoked. No license shall be revoked under this section
unless written notice shall have first been given at least
five days before the hearing thereof by depositing in the
United States mail a notice directed to said licensee at the
address given in the application. The notice shall set forth
a summary of the ground advanced as the basis of the revoca-
tion.
.020 Any organization whose license is revoked
under this section shall not conduct any bingo game in the City
until such time as the City Council, on appeal, determines to
overrule the decision of the City 11.4anager.
Section 7.34.090 APPEAL OF REVOCATION TO CITY COUi':CIL
.010 Any holder of a license whose license is
revoked under this chapter shall have the right, within ten
(10) days after receiving notice in writing of the revocation,
to file a written appeal to the City Council. Such appeal
shall set forth the specific ground or grounds on which it is
based. The City Council shall hold a hearing on the appeal
within thirty (30) days after its receipt by the City, or at
a time thereafter agreed upon and shall cause the appellant
to be given at least ten (10) days' written notice of such
hearing. At the hearing, the appellant or its authorized
representative shall have the right to present evidence and a
written or oral argument, or both, in support of his appeal.
The determination of the City Council on the appeal shall be
final.
.020 Any organization whose license is
finally revoked may not again apply for a license to conduct
bingo games in the City of Anaheim for a period of one year
from the date of such revocation; provided, however, if the
ground for revocation is cancellation of the exemption granted
under Section 237014 of the Revenue and Taxation Code, such
organization may again apply for a license upon proof of rein-
statement of said exemption.
Section 7.34.100 DEFINI`T'ION OF 'BINGO'
As used in this chapter, '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 num-
bers or symbols selected at random.
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Section 7• J4.110 ?TTS .lr U1:7 r,_.OT.+L7I' PT? Iu
The total value of prizes awarded curing
the conduct of any bingo games shall not el.ceed two hundred.
.. fifty dollars (�""250) in cash or kind, or both, for each sepa-
rate game which is held.
Section 7.34.120 PE?CI ITS TO TTP'�; I i'. �' P `TA?'�_,FTM � � R
.JJ3 K-] Ts..'.,D
ACCOUi,-.,T
ill profits derived from a bingo game
shall be kept in a special fun(a or account and shall not be
cor.mingled with any other fund or account. The licensee
shall keep full and accurate record of the income and elnpen-
ses received and CLishursed in connection with its operation,
conduct, promotion, supervision and any other phase of bingo
games which are authorized by t?lis chapter. The Cite of
Anaheim, b_v and through its authorized officers, shall have
the right to exan ne and audit such record at any reasonable
time and licensee shall fully cooperate with the City of
Anaheim by r aking such record. available.
Section 7. 34.130 FIi. A TCI!J, IIIZTEREST It1 LICEi SF,C 0€vLY
No individual, corporation, partnership,
or other legal entity evicep-L the licensee shall hold a finan-
cial interest in the conduct of such bingo game.
Section 7. 34.140 EXCLUSIVE OPERATIOi• BY LICLINS E.E
A bingo game shall be operated and
staffed only by members of the licensee organization. Such
members shall not receive a profit, wage, or salary from any
bingo game. Only the licensee shall operate such game, or
participate in the promotion, supervision or any other phase
of such game.
Section 7.34.150 BINGO G,2),T�'S OPEN TO PUBLIC
All bingo games shall be open to the
public, not just to the members of the licensee organization.
Section 7. 34.160 ATTENDAI.,liCE LIMITED TO OCCUPAiVCY
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.
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Section 7.34.170 BINGO GAMEES CONDUCTED O'_NTLY OPT
LICET>TSEE' 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 organi-
zation, upon application under this chapter, when it again
owns or leases property used by it for an office or for per-
formance of the purposes for which the organization is organ-
ized.
Section 7.34.180 MINORS NOT TO PARTICIPATE
No person under the age of eighteen
(13) years of age shall be allowed to participate in any
bingo game.
Section 7.34.190 INTOXICATED PERSONIS NOT TO PAPTICIPATE
No person who is obviously intoxicated
shall be allowed to participate in a bingo game.
Section 7.34.200 HOURS OF OPERATION
game more than
No bingo game
2 a.m. of any
No licensee shall conduct any bingo
six hours out of any twenty-four hour period.
shall be conducted before 10 a.m. nor after
day.
Section 7. 34.210 PARTICIPAi+T IlUST BE PR ]SENT
No person shall be allowed to partici-
pate in a bingo game unless the person is physically present
at the time and place in which the bingo garAze is being con-
duc-'Ced.
Section 7.34.220 RECEIPT OF PROFIT BY A PERSON -
A MISDEt1EANOR UNDER STATE LAW
It is a misdemeanor under Section
326.5(b) of the Penal Code of the State of California for
any person to receive a profit, wage or salary from any
bingo garcie authorized under this chapter, a violation of
which is punishable by a eine not to exceed ten thousand
dollars ($10,000), which fine shall be cj.eposited in the
general fund of the City of Anaheim.
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Section 7.34.230 CITY r,Y EwJOI' VIOLATIO�A'
The City of Anaheim may brine an action
in a court of competent jurisdiction to enjoin a violation of
~" Section 326.5 of the Penal Code or of this chapter.
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this chap-
ter of the Code, hereby adopted, 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 chapter independent of the elimination
herefrom of any such portion as may be declared invalid.
SECTION? 3.
The City Clerk shall certify to the passage of this or-
dinance 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'-sai("i.
City, and thirty (30) days from and after its final passage, it
shall take effect and be in full force.
THE FOREGOING ORDINANdCI=
this . 13th day of July r
ATTEST:
CITY CLERK OF THE qYIPY OF Ai'dALEIM
FAL JR:fm
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is approved and signed by me,
1976.
1 TIbE OF PIU�HE IM
STATE OF CALIFORNIA )
COUNTY OF ORA'TGE ) ss.
CITY OF ANAHEIM )
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Ordinance No. 3559 was introduced
at a regular meeting of the City Council of the City of Anaheim., held
on the 6th day of July, 1976, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 13th
day of July, 1976, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEIlBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Ordinance No. 3559 on the 13th day of July,
1976.
IN WITNESS [n7.EREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 13th day of July, 1976.
CITY CLERK OF THE CITY IF ANAHEIM
(SEAL)
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original Ordinance No. 3559
and was published once in the Anaheim Bulletin on the 23rd day of
July, 1976.
City Clerk