HomeMy WebLinkAboutOrdinance 345 -BingoORDINANCE NO. 345
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING GAMES OF BINGO IN ACCORDANCE WITH STATE LAW AND
LOCAL CONDITIONS
The City Council of the City of Saratoga finds that:
1. Section 19 of Article IV of the California Constitution authorizes games of bingo under
certain conditions only if authorized by the city or county in which the game takes place.
Games of bingo, while susceptible to exploitation which is adverse to the public safety,
morals and general welfare, can also serve as an important revenue source for
organizations which provide a community benefit. Accordingly, it is in the best interest
of the public safety and convenience of this city to authorize such activity subject to
reasonable regulation by providing standards for the conduct of such games and to
provide a licensing procedure. The provisions of this ordinance are not intended to
conflict with, but shall supplement, all the laws of the state relating to lotteries, gambling,
and gaming.
2. The City Council of the City of Saratoga held a duly noticed public hearing on November
2, 2016, and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended to add the new section 4-10.030 as set forth in
Attachment A.
Section 2. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause
and phrase of this ordinance is severable and independent of every other section, sub -section,
paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section,
paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed addition to the City Code is Categorically Exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to
projects which have the potential of causing a significant effect on the environment. Where it can be
seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA. In this circumstance the addition to
the City Code would have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 2d day of November 2016 and was
adopted by the following vote on November 16, 2016 .
COUNCIL MEMBERS:
AYES: Vice Mayor Emily Lo, Council Member Mary -Lynne Bernald, Howard A.
Miller, Rishi Kumar
NOES: None
ABSENT: Mayor E. Manny Cappello
ABSTAIN: None
E. Manny Cappello
MAYOR, CITY OF SARATOGA, CALIFORNIA
U � �-e re iS ,ti cit,upATE: / /2 /4
Crystal Bothelio, CITY CLERK
APPROVED AS TO FORM:
DATE: A Zh i i 6/
Richard Taylor, CITY ATTORNEY
Attachment A — Adding a new Section 4-10.030 to the City Code
4-10.030 Bingo
(a) Purpose and Application. In accordance with Section 19 of Article IV of the California
Constitution and Section 326.5 of the California Penal Code, this section allows the
conduct and operation of bingo games by certain organizations under conditions set forth
below. All words as used herein which are also used in Section 326.5 of the Penal Code
are used in the same sense and have the same meaning as do such words in Section 326.5
of the Penal Code.
(b) License. Charitable organizations which meet the criteria established in California Penal
Code, Section 326.5 and which have their primary place of business in Saratoga, may
apply for or renew a license to operate bingo games for charitable purposes upon
payment of a fee in an amount set forth in the City Fee Schedule and not exceeding
$50.00. The application shall contain all information necessary to establish the
qualification of the applicant and the location or locations where games will take place.
A license may be for a term of up to three years and may be renewed for subsequent three
year terms. Licenses are not transferable.
(c) Conditions of Operation. Organizations with a license to operate bingo games pursuant
to this section are authorized to do so in accordance with this section, the City Code, and
other applicable laws. Operation of any bingo game shall comply with the conditions and
provisions of California Penal Code, Section 326.5 and the following:
(1) No game shall occur in any zoning district designated as Commercial; and
(2) No game shall occur between the hours of midnight and 9:00 a.m.
(d) Reporting. All license holders shall submit an annual report not later than March 31 of
each year listing for the prior calendar year the dates and locations of each bingo event,
the proceeds from that event, the total proceeds for the year and the license holder's use
of those proceeds. The city has the right to examine and audit the licensee's records
pertaining to the matters in the annual report at any reasonable time within three years of
the date of the report, and the licensee shall fully cooperate with the city by retaining and
making such records and supporting data available to the City for the purpose of
determining whether the conduct of such bingo games complies with the this Code and
other applicable law. The use of funds from any bingo game shall comply with the
conditions and provisions of California Penal Code, Section 326.5.
(e) Enforcement. The City Manager may revoke any license issued under this section
whenever it appears to the City Manager that a licensee is conducting bingo games in
violation of any of the provisions of this chapter, or that the license was obtained by any
false representation. Violation of any of the provisions of this section is a misdemeanor
and may be enforced in accordance with Chapter 3 of this Code in addition to any other
remedies at law. The city may bring an action in a court of competent jurisdiction to
enjoin a violation of this section and Section 326.5 of the California Penal Code.
824899.4