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Ordinance No. 13-2108 5.32 Bingo Permits ORDINANCE NO. 13-2108 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 5.32 OF THE CUPERTINO MUNICIPAL CODE REGARDING BINGO THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The following provisions of Cupertino Municipal Code Chapter 5.32 are hereby amended to read as follows: 5.32.060 Staffing and Operation. A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Those members shall not receive a profit, wage or salary from any bingo game. Only an organization authorized to conduct a bingo game by license issued pursuant to this chapter shall operate a game, or engage in the promotion, supervision or any other phase of such game. This section does not preclude the employment of security personnel who are not members of the authorized organization at such a bingo game by the authorized organization conducting the game. 5.32.090 Bingo Equipment. All equipment used in the operation of bingo games shall be owned by the organization authorized by license to conduct such bingo games. 5.32.100 Financial Interest. No individual corporation, partnership or other legal entity except the organization authorized by license to conduct a bingo game shall hold a financial interest in the conduct of such bingo game. 5.32.190 License Required. No organization shall conduct a bingo game without first obtaining a license from the City Manager to do so. 5.32.200 Application for License Required. Ordinance No. 13-2108 Page 5 3. The total amount paid out in prizes; 4. Detailed costs to the organization for the operation of the bingo games. 5.32.310 Licenses Nontransferable. Licenses granted under this chapter shall not be transferable, either as to the license or the location. Any attempt to transfer shall render the license in question invalid. 5.32.320 Revocation, Suspension of License Authorized. Any license issued under this chapter may be suspended or revoked by the City Manager on his or her own motion or on application of the Sheriff, District Attorney or City Attorney for violation of any of the provisions of this chapter, or any provisions of this code or of federal or state law. The holder of a bingo license shall be given prompt notice of revocation or suspension of said license and shall immediately desist from conducting or operating any bingo game 5.32.330 Appeal of Revocation, Suspension. Appeals of revocations or suspensions of bingo licenses shall be as provided in Chapter 1.16. Section 2. All other provisions of Cupertino Municipal Code Chapter 5.32 shall remain unchanged. Ordinance No. 13-2108 Page 3 crimes involving moral turpitude, he may not recommend issuance of the license in question. 5.32.220 Investigation and Recommendation by Other City Departments or Other Agencies. The City Manager shall submit each application to the following City departments or other agencies for investigation and recommendation: A. Chief of the Central Fire District as to any fire hazard on the premises in question; B. County Health Officer as to the health and sanitary conditions of the premises in question; C. Chief Building Inspector as to compliance with City building regulations; D. Director of Planning as to compliance with City zoning requirements. 5.32.230 Opportunity for Applicant to Review Records. A. Each applicant shall have the opportunity, upon request, to review all records, papers, files and any other evidence relating to the application for a bingo license except criminal history information before the application is signed by the City Manager. 5.32.240 Final Action by the City Manager. A. Within thirty (30) days of receipt of a complete application, the City Manager shall consider the records, papers, files and any other evidence it he or she deems relevant and shall render a decision either granting or denying the license. B. If the license is approved, the City Manager may include such restrictions and conditions in the license as the City Manager deems reasonable and necessary under the circumstances to insure compliance with the purposes and intent of this chapter. 5.32.250 Denial of License. The City Manager may refuse to issue a license if, after consideration of the application and any other papers, records and files he or she deems relevant, it is STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) CITY OF CUPERTINO ) I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City Council of the City of Cupertino, California, do hereby certify the attached to be a true and correct copy of Ordinance No. 13-2108, which was enacted on April 2, 2013, and that it has been published or posted pursuant to law (G.C. 40806). IN WITNESS WHEREOF, I have hereunto set my hand and seal this 4th day of April, 2013. CI] 'It GRACE SCHMIDT, City Clerk and Ex-officio Clerk of the City Council of the City of Cupertino, California Ordinance Certificate Ordinance No. 13-2108 Pages 3. The total amount paid out in prizes; 4. Detailed costs to the organization for the operation of the bingo games. 5.32.310 Licenses Nontransferable. Licenses granted under this chapter shall not be transferable, either as to the license or the location. Any attempt to transfer shall render the license in question invalid. 5.32.320 Revocation, Suspension of License Authorized. Any license issued under this chapter may be suspended or revoked by the City Manager on his or her own motion or on.application of the Sheriff, District Attorney or City Attorney for violation of arty of the provisions of this chapter, or any provisions of· this code or of federal or state law. The holder of a bingo license shall be given prompt notice of revocation or suspension of said license and shall immediately desist from conducting or operating any bingo game 5.32.330 Appeal of Revocation, Suspension. Appeals of revocations or suspensions of bingo licenses shall be as provided in Chapter 1.16. Section 2. All other provisions of Cupertino Municipal Code Chapter 5.32 shall remain unchanged. Ordinance No. 13-2108 Page 6 INTRODUCED at a regular meeting of the Cupertino City Council the 19th day of , - March, 2013 and ENACTED at a regular meeting of the Cupertino City Council of the City of Cupertino the 2nct day of April, 2013, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Mahoney, Wong, Chang, Santoro, Sinks None None None Qvu,,lJiMJJ-'ff tf/] Grace Schmidt, City Clerk Orrin Mahoney, Mayor, City of Cupertino STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) CITY OF CUPERTINO ) I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City Council of the City of Cupertino, California, do hereby certify the attached to be a true and correct copy of Ordinance No. 13-2108, which was enacted on April 2, 2013, and that it has been published or posted pursuant to law (G.C. 40806). IN WITNESS WHEREOF, I have hereunto set my hand and seal this 4th day of April, 2013. GRACE SCHMIDT, City Clerk and Ex-officio Clerk of the City Council of the City of Cupertino, California Ordinance Certificate