HomeMy WebLinkAboutOrdinance 569 CERTIFICATION
1, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Ataseadero, hereby
eertify that the foregoing is a true and correct copy of Ordinance No. 569, adopted by the
Ataseadero City Council at a regular meeting thereof held on July 9, 2013, and that it has been duly
published pursuant to State LaA,,.
17,
DATED:
Marcia McCIure Torgerson,C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 569
ORDINANCEAN
ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
SECTIONMUNICIPAL CODE BY
ADDING 3-12.03 A E 2 OF TITLE 3.
The City Council hereby finds and declares as-follows:
WHEREAS, bingo is a game of chance that is allowed.to be played on a limited basis by
the State of California, subject to specific regulations; and,
WHEREAS,the City of Atascadero currently allows bingo games consistent with State
later when the bingo caller is located on-site; and,
WHEREAS, due to recent technological advancements with interna communication,
remotely located bingo calling is now possible, and the State of California has revised bingo
regulations to allow remote caller bingo subject to the adoption of certain regulations; and,
WHEREAS, local service and non-profit organizations have expressed a need to operate
remote caller bingo games to raise money for local needs and charities; and,
WHEREAS,the operation of remote caller binges games pose no burden on City
resources or public safety;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY AT S A ER
HEREBYA S ASF S;
SECTION 1: Title 3-121 of the Atascadero Municipal Code is amended to read as follows:
-12.03 Remote Caller Bingo.
a) Legislative Authorization.
This chapter 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.
Remote Caller Bingo Authorized.
Remote Caller Bingo may be lawfully played in the City of Atascadero 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:
City of Atascadero
Ordinance No. 569
Page 2 of 4
(i) An organization exempt from the payment of the taxes imposed under
the Corporation Tax Law by Section 23701 a, 23701 b, 23701 d, 23701 e,
23701f, 23701 g, 23701 k, 237011, or 23701 w of the Revenue and Taxation
Code.
(ii) A mobile home park association of a mobile home park that is situated
in the [City],
(iii) Senior citizen organizations.
(iv) 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 of Atascadero from time to time. The following
documentation shall be attached to the application, as applicable:
(i) A certificate issued by the Franchise Tax Board certifying that the
applicant is exempt from the payment of the taxes imposed under the
Corporation Tax Law pursuant to Section 23701 a, 23701 b, 23701 d,
23701e, 23701f, 23701 g, 23701 k, 237011, or 23701w of the Revenue and
Taxation Code. In lieu of a certificate issued by the Franchise Tax Board,
the License Official may refer to the Franchise Tax Board's Internet Web
site to verify that the applicant is exempt from the payment of the taxes
imposed under the Corporation Tax Law.
(ii) 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 Atascadero.
(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 of Atascadero
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.
City of Atascadero
Ordinance No. 569
Page 3 of 4
(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 tothe following
additional conditions:
(i) 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.
(ii) 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 of Atascadero hold a public hearing
before revoking any license issued pursuant to this chapter.
SECTION 2: A summary of this ordinance, approved by the City Attorney, together with the
ayes and noes, shall be published twice: at least five days prior to its final passage in the
Atascadero, News, a newspaper published and circulated in the City of Ataseadero, and; before
the expiration of fifteen (15) days after its final passage, in the Ataseadero News, a newspaper
published and circulated in the City of Ataseadero. A copy of the full text of this ordinance shall
be on file in the City Clerk's Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
City of Atascadero
Ordinance No. 569
Page 4 of 4
INTRODUCED at a regular meeting of the City Council held on June 25, 2013, and PASSED
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and ADOPTED by the City Council of the City of Atascadero, State of California, on July 9,
2013, by the following roll call vote:
AYES: Mayor Pro Tern Sturtevant, Council Members Fond and Moreno
NOES: None
ABSTAIN: Mayor O'Malley and Council Member Kelley
ABSENT: None
CITY OF ATASCADERO
74
Brian Sturtevant, Mayor Pro Tem
ATTEST:
-7)
Marcia McClure Torgerson, C.M.C., C derk
APPROVED AS-T- 0 FORM:
Brian Pier k, City Attorney