HomeMy WebLinkAboutOrdinance No. 2023 ORDINANCE NO. 2023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA ADDING CHAPTER 8.05 TO THE AZUSA
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.
The City Council of the City of Azusa does ordain as follows:
SECTION 1. Chapter 8.05 is hereby added to the Azusa
Municipal Code to read as follows :
"CHAPTER 8.05 BINGO FOR CHARITABLE PURPOSES
8.05.00. BINGO GAME. DEFINITION. As used in this
Chapter, "bingo" means a game of chance in which prises are
awarded on the basis of designated numbers or symbols on a
card which conform to numbers or symbols selected at random.
8.05.01 BINGO GAMES AUTHORIZED. Bingo may be lawfully
played in the City of Azusa pursuant to the provisions of
Section 326.5 of the California Penal Code and this Chapter
and not otherwise.
8.05.02 PERMIT REQUIRED. Any non-profit charitable
organization which is located in the City of Azusa and is
exempted from the payment of the bank and corporation 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 195+ may
apply to the City Clerk for a permit to operate a bingo game
pursuant to this Chapter.
8.05.03. APPLICATION. The application shall be upon a
form prescribed by the City Clerk, shall be personally signed by
an officer of the non-profit charitable 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 the State Board of Equalization and the
United States Collector of Internal Revenue certifying to the
exempt status of the non-profit corporation.
8.05.04 PERMIT FEE. The application shall be accompanied
by a permit fee in the amount of $50.00 which is the amount
determined by the City Council to be the actual cost of verifying
the information in the application and issuing the permit.
8.05.05. ANNUAL PERMIT REQUIRED. Any permit issued
pursuant to this Chapter shall be subject to the conditions
contained in Section 326.5 of the Penal Code and this Chapter
and shall be valid for a period of one year. The permit can
only be renewed upon the filing of a new application and the
payment of the permit fee.
8.05.06 CONDITIONS. Each permit issued pursuant to
this Chapter 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 only be conducted on property owned
or leasedrby the non-profit charitable organization which holds
a valid permit issued pursuant to this Chapter and which property
is used by such organization for an office or for 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 Chapter. 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 Chapter is authorized to conduct a
bingo game or to have a financial interest in the conduct 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 comingled with
any other fund or account. Such funds may be expended only
for the use and benefit of such charitable organization.
(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 games shall not exceed $250.00 in cash or kind,
or both, for each separate game which is held.
(i) Any officer of a non-profit charitable organization
who signs an application for a permit to operate a bingo game
pursuant to this Chapter shall be personally responsible to see
that the conditions contained in this Chapter are complied
with by the charitable organization to which the permit is issued. "
SECTION 2. 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 29th day of June, 1976.
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(Mayor
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF AZUSA
I, ADOLPH A. SOLIS, City Clerk of the City of Azusa, do
hereby certify that the foregoing Ordinance No. 2023 was regularly
introduced and placed upon its first reading at a regular meeting of
the City Council on the 21st day of June, 1976. That, thereafter,
said ordinance was duly adopted and passed at an adjourned regular
meeting of the City Council on the 29th day of June, 1976, by the
following vote, to wit:
AYES : Councilmen: Decker, Fry, Cruz, Arkison, Solem
NOES: Councilmen: None
ABSENT: Councilmen: None
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City Clerk
I do further certify that I caused said ordinance to be published
prior to the expiration of fifteen days from the passage thereof in
the Azusa Herald, a newspaper of general circulation, printed, published,
and circulated in the City of Azusa, on the 8th day of July, 1976, and
that the same was published in accordance with law.
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City Clerk
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