This article shall be known and referred to as the handbill regulations of the city of Buellton.
(Ord. 11-01 § 4, 2011)
The purpose of this article is to regulate and control the distribution of handbills of a commercial advertising nature.
(Ord. 11-01 § 4, 2011)
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Any sheet or sheets of paper, of a commercial advertising nature, bearing printed or photographic material and passed out by hand. This definition, however, shall not include any newspaper. This definition also shall not include any printed matter solicited by the occupants of the premises to which delivery is made.
Such private handbill distribution system and not its employees or agents.
That business which has been determined by the finance director to be engaged in distributing handbills of a commercial advertising nature in the city.
(Ord. 11-01 § 4, 2011)
In addition to the other sections of this chapter, a private handbill distribution system engaged in business in the city shall be subject to the following conditions:
A.
It shall be bonded by a bonding company licensed to do business in the state. It shall deposit cash or a bond from a surety acceptable to and approved by the city council in the amount of $1,000. The terms of the bond shall include that the applicant shall comply fully with all the provisions of this code, the ordinances of the city and the statutes of the state regulating and concerning the business of handbill distribution systems. The bond shall insure against negligent or intentional harm caused to others by its employees or agents and shall indemnify and save harmless the city, its officers and employees from and against all claims, liability, suits, damages, costs, including reasonable attorney's fees, losses and expenses in any manner resulting from, arising out of, or connected with the conduct of the business of handbill distribution.
B.
It shall cause its agents and employees, when distributing handbills, to collect all visible material previously distributed by such private postal system.
C.
It shall cause its agents and employees to refrain from making deliveries at known vacant buildings.
D.
It shall cause its agents and employees to deliver the handbills only by placing them on the doorknobs or otherwise harmlessly attaching them to the building. It shall not leave such handbills attached to a mailbox or mailbox post. It shall not leave such handbills in the open and unsecured in a way that the handbills can be scattered by the elements.
E.
It shall cause its agents and employees to refrain from delivering handbills to any occupant who objects to such distribution and gives reasonable notice of such objection to the distributor.
F.
No person shall distribute any handbill which does not have printed on the cover or face thereof or on the container thereof the name, address and phone number of the private handbill distribution system along with the following statement:
"For cancellation of this free subscription, telephone the private handbill distribution system and so advise."
In addition, the person, firm or organization causing the handbill to be distributed shall be clearly set forth herein.
(Ord. 11-01 § 4, 2011)
A.
Every person who wishes to conduct a private handbill distribution system in the city shall apply to the finance director for a license. The applicant shall comply with Section 5.18.040(A) and pay the sum of $50, which sum is fixed as the annual license fee, prior to receiving approval from the finance director.
B.
Upon approval of the finance director of an application for such license, the finance director shall issue to such applicant such license. Before commencing the conduct of such business, the application shall be approved and such license shall be issued by the finance director. This license is valid for a period of one year unless revoked pursuant to Section 5.18.060.
(Ord. 11-01 § 4, 2011)
In the event that such private handbill distribution system or its agents or employees violate any of the conditions specified under Section 5.18.040, the city council shall have the authority to revoke its permit forthwith.
(Ord. 11-01 § 4, 2011)
In addition to the regulations contained in this article, the city council may, from time to time by resolution, adopt additional regulations establishing fees for permits hereunder, and otherwise providing control of the distribution of handbills, which resolution shall have the full force and effect of law.
(Ord. 11-01 § 4, 2011)
This article is adopted pursuant to Section 19, of Article IV of the California Constitution and Section 326.5 of the Penal Code, as amended, in order to make the game of bingo lawful under the terms and conditions set out in this article, and in Section 326.5 of the Penal Code, as amended.
(Ord. 11-01 § 4, 2011)
Whenever in this article the following terms are used, they shall have the meanings respectively ascribed to them in this section:
is a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. It shall also include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes; provided, that the winning cards shall not be known prior to a bingo game by any person participating in the playing or operation of the game; and provided further, that all such cards shall bear the legend "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance."
is any person under the age of 18 years.
(Ord. 11-01 § 4, 2011)
It is unlawful for any person to conduct any bingo games in the city unless such person is a member of a qualifying organization pursuant to the provisions of applicable state law, particularly Penal Code Section 326.5 and any successors or amendments thereto; and further pursuant to the provisions of this article and to the terms of any license issued thereunder, not in conflict with applicable provisions of state law.
(Ord. 11-01 § 4, 2011)
Applications for a license to operate a bingo game shall be made to the finance director on forms prescribed by the finance director and shall be filed not less than 30 days prior to the proposed date of the bingo game or games. The application shall be signed by a responsible officer of the organization making the application for a bingo license. Such application form shall require from the applicant at least the following:
A.
A list of all members who will operate the bingo game, including full names of each member, date of birth, place of birth, physical description and driver's license number.
B.
The date(s) and place(s) of the proposed bingo game or games.
C.
Proof that the organization is a qualifying organization as defined by Section 5.18.090(B).
(Ord. 11-01 § 4, 2011)
A.
The term of a bingo license is one year and may be renewed for a period of one year any time within one year from its date of issuance upon application therefor. Any change in the name or names of the persons who will conduct a bingo game licensed hereunder, or in the location where bingo games are to be conducted hereunder shall be reported to the finance director who may conduct such investigation as he or she deems appropriate in connection with such changes.
B.
The fee for a bingo license and the fee for a renewal thereof shall be as prescribed by resolution of the city council from time to time. Such fees shall not exceed the sum of $50 for each license or each renewal, however. The appropriate fee shall accompany the submission of each application. If an application for a license or renewal is denied, one-half of any license or renewal fee paid shall be refunded to the organization.
(Ord. 11-01 § 4, 2011)
A.
Upon receipt of an application for a license, the finance director may send copies of such application to any office or department which the finance director deems appropriate in order to carry out a proper investigation of the applicant.
B.
The finance director and every officer or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the members of the applicant to be authorized to conduct bingo games, and may examine the premises to be used for the bingo games.
C.
Upon approval of any application for a bingo license, the finance director shall issue the license.
(Ord. 11-01 § 4, 2011)
Each license issued hereunder shall be issued to a specific qualifying organization to conduct bingo games at a specific location and shall in no event be transferable to another organization, nor from the location specified in the license.
(Ord. 11-01 § 4, 2011)
The following limitations shall apply to all bingo games:
A.
A qualifying organization shall conduct bingo games only on property owned or leased by it or property whose use is donated to the organization. Furthermore, bingo games shall be conducted only on property used by such organizations for an office or for the performance of the purposes for which the organization is organized; provided, however, that such ownership, leasing, or donation for use need not be exclusively by or to such organization.
B.
No minor shall be allowed to participate in any bingo game.
C.
All bingo games shall be open to the public, not just to the members of the qualifying organization. However, a person may be refused the right to participate for good cause.
D.
A bingo game shall be operated and staffed only by members of the qualifying organization which organized it. Such members shall be those listed on the license when issued.
E.
No person shall receive or pay a profit, wage or salary from any bingo game, except as otherwise provided by state law. Violation of this provision is punishable as provided in Penal Code Section 326.5(c). Only the organization authorized to conduct a bingo game shall operate such game, or participate in the promotion, supervision, or any other phase of such game, except as otherwise provided by state law.
F.
No individual, corporation, partnership, or other legal entity, except the organization licensed to conduct bingo games, shall hold a financial interest in the conduct of any such bingo games, except as otherwise provided by state law.
G.
With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code (qualifying corporations, community chests or trusts organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or for the prevention of cruelty to children or animals, which meet all statutory requirements), all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account, and such profit shall be used only for charitable purposes. On the tenth day of each month during the term of any license issued or renewed hereunder, the licensee shall file with the finance director a full and complete statement of all money collected and costs of operation during the previous calendar month and the amount remaining for charitable purposes.
H.
With respect to all qualifying organizations not covered by subsection G of this section (qualifying labor, agricultural and horticultural organizations, fraternal beneficiary societies, orders or organizations, nonprofit cemetery companies, business leagues, chambers of commerce, real estate boards and boards of trade, civil leagues for social welfare, local organizations of employees for charitable, educational or recreational purposes, nonprofit pleasure and recreational clubs, and domestic fraternal societies, orders or associations, operating under the lodge system, mobile home park associations and senior citizens associations), all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows:
1.
Such proceeds may be used for prizes.
2.
A portion of such proceeds, not to exceed 20% of the proceeds after the deduction of prizes, or $1,000 per month, whichever is less, may be used for rental of property, overhead—including the purchase of bingo equipment, administrative expenses, security equipment and security personnel. On the tenth day of each month during the term of any license issued or renewed hereunder, the licensee shall file with the finance director a full and complete statement of all money collected and the costs of operation during the previous calendar month and the amount remaining for purposes permitted hereunder.
3.
Such proceeds may be used to pay license fees.
I.
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.
J.
The total value of the prizes awarded during the conduct of any bingo game shall not exceed $250 in cash or kind, or both, for each separate game which is held.
K.
No bingo game shall be conducted between the hours of midnight and 8:00 a.m.
(Ord. 11-01 § 4, 2011)
Officers and employees of the city shall have the right to see the bingo license and lists of approved staff at all times during the bingo games.
(Ord. 11-01 § 4, 2011)
The finance director may deny an application for a bingo license, or suspend or revoke license, if he or she finds the applicant or licensee or any agent or representative thereof has:
A.
Made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this article; or
C.
Been finally convicted of a felony which reasonably indicates that conducting a bingo game hereunder would be likely to result in violations of law or fraud.
If after investigation the finance director determines that a bingo license should be suspended or revoked or an application for such license denied, he or she shall prepare a notice of suspension, revocation or denial of application setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant's or licensee's last address provided in the application, or shall be personally delivered. An organization which has had an application for a bingo license denied by the finance director, or which has had a bingo license suspended or revoked by the finance director, may appeal the decision in the matter provided in Section 5.18.180. |
(Ord. 11-01 § 4, 2011)
Appeals shall be filed and conducted as follows:
A.
Within ten calendar days after the date of any denial, suspension or revocation by the finance director, an aggrieved party may appeal such action by filing with the city clerk a written appeal briefly setting forth the reasons why such denial, suspension, revocation or other decision is not proper.
B.
Upon receipt of such written appeal, the city clerk shall set the appeal for hearing before the city council at the earliest convenient time. At least one week prior to the date of the hearing on the appeal, the clerk shall notify the appellant and the finance director of the date and place of the hearing. At such hearing, the finance director and the appellant may present evidence relevant to the denial, suspension, revocation or other decision of the finance director. The chair of the city council shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to such hearing. Any relevant evidence may be admitted, if it is the sort of evidence responsible persons are accustomed to rely on in the conduct of serious affairs.
C.
At the conclusion of the hearing, the city council may uphold, modify, or reverse any decision which is the subject of the appeal.
(Ord. 11-01 § 4, 2011)
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this article is severable, and if any phrase, clause, sentence, paragraph or section of this article shall be declared unconstitutional by the final judgment of a court having jurisdiction, such unconstitutionality shall not affect any of the other phrases, clauses, sentences and paragraphs of this article. The provisions of this article shall be harmonized, whenever possible, with the provisions of state law applicable to bingo games, now or hereafter in effect. In the event of a conflict between state law and the provisions of this article, state law shall prevail, as though written into this article.
(Ord. 11-01 § 4, 2011)
Any violation of the provisions of this article or of the conditions of any license granted hereunder shall be and constitute a misdemeanor, punishable as provided in this code, except that a violation of Section 5.18.150(E) shall be punishable by a fine not to exceed $10,000 to be deposited in the general fund of the city, as provided in Penal Code Section 326.5(b). As provided in subsection (d) of Penal Code Section 326.5, the city may bring an action to enjoin a violation of said Section 326.5 and of these code sections adopted pursuant thereto, as well as or in lieu of prosecution of such violations as misdemeanors.
(Ord. 11-01 § 4, 2011)