City Council Report 915 I Street, 1 st Floor Sacramento, CA

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1 City Council Report 915 I Street, 1 st Floor Sacramento, CA File ID: April 3, 2018 Consent Item 07 Title: Ordinance Amending Sections , , and of the City Code Relating to Bingo to Align with State Code (Passed for Publication 03/27/2018; Published 03/30/2018) Location: Citywide Recommendation: Pass an Ordinance amending sections , , and of the Sacramento City Code relating to Bingo to align it with the State Gambling Code. Contact: Brad Wasson, Revenue Division Manager, , Department of Finance Presenter: None Attachments: 1-Description/Analysis 2-Ordinance (Redline) 3-Ordinance (Clean) Susana Alcala Wood, City Attorney Mindy Cuppy, City Clerk John Colville, City Treasurer Howard Chan, City Manager Page 1 of 6

2 File ID: Consent Item 07 Description/Analysis Issue Detail: On January 16, 2018, Councilmember Carr requested the City Manager review and bring forward changes that would align the City of Sacramento s bingo permitting rules with the applicable rules for the state. This amendment would increase the City s $250 maximum prize amount to $500; and add language that clarifies that players are required to mark tangible cards for numbers or symbols called from a live caller and that charitable organizations associated with a school district may apply for a permit. Policy Considerations: California Penal Code section regulates bingo games. The City can regulate bingo games to the extent that such regulation complies with this section. Economic Impacts: None. Environmental Considerations: This action is not a project that is subject to CEQA because it does not have the potential for causing a significant effect on the environment. (CEQA Guidelines 15061(b)(3).) Sustainability: Not Applicable. Commission/Committee Action: On February 27, 2018, the Law and Legislation Committee heard this item and directed staff to bring it forward to the City Council. Rationale for Recommendation: To be competitive with bingo halls in surrounding jurisdictions the City of Sacramento should align its maximum bingo prize to the State s $500 maximum. Also, consistency with state law enables the City to regulate bingo games within its jurisdiction and makes it easier for the public to follow the state and local rules and for the city to enforce them. Financial Considerations: None. Local Business Enterprise (LBE): Not Applicable. City of Sacramento April 3, 2018 powered by Legistar Page 2 of 6

3 ORDINANCE NO. Adopted by the Sacramento City Council [Date Adopted] AN ORDINANCE AMENDING SECTIONS , , and OF THE SACRAMENTO CITY CODE RELATING TO BINGO BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO: SECTION 1. Section of the Sacramento City Code is amended to read as follows: SECTION Bingo Defined. As used in this chapter, bingo means a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player s possession and that on a card which conforms to numbers or symbols, selected at random and announced by a live caller. The game of bingo shall include tangible cards having numbers or symbols which that are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend for sale or use only in a bingo game authorized under California law and pursuant to local ordinance. Only a covered or marked tangible card possessed by a player and presented to an attendant may be used to claim a prize. Bingo as defined in this section, applies exclusively to this chapter and shall not be applied in the construction or enforcement of any other provision of law. Section of the Sacramento City Code is amended to read as follows: Organizations eligible for license. Organizations which are exempted from the payment of the bank and corporation tax by California Revenue and Taxation Code Ssections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701w, and l, of the Revenue and Taxation Code and mobilehome park associations, and senior citizens organizations, and charitable organizations affiliated with a school district, are eligible to apply for a license to conduct bingo games in the city under the provisions of the California Constitution, California Penal Code ssection 326.5of the Penal code and provisions of this chapter; provided that the receipts of such games are used only for charitable purposes,; and 1 Page 3 of 6

4 provided further that no organization is shall be eligible to apply for a license after April 15, 1988 unless the organization has been in existence for three years or longer. SECTION 3. Section of the Sacramento City Code is amended to read as follows: Maximum prize. The total value of prizes awarded during the conduct of any bingo games shall may not exceed two hundred fifty dollars ($250.00) $500 in cash or kind, or both, for each separate game which that is held. 2 Page 4 of 6

5 ORDINANCE NO. Adopted by the Sacramento City Council [Date Adopted] AN ORDINANCE AMENDING SECTIONS , , and OF THE SACRAMENTO CITY CODE RELATING TO BINGO BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO: SECTION 1. Section of the Sacramento City Code is amended to read as follows: SECTION Bingo Defined. As used in this chapter, bingo means a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player s possession and that conform to numbers or symbols, selected at random and announced by a live caller. The game of bingo shall include tangible cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend for sale or use only in a bingo game authorized under California law and pursuant to local ordinance. Only a covered or marked tangible card possessed by a player and presented to an attendant may be used to claim a prize. Section of the Sacramento City Code is amended to read as follows: Organizations eligible for license. Organizations exempt from the payment of the bank and corporation tax by California Revenue and Taxation Code sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701w, and 23701l, mobilehome park associations, senior citizens organizations, and charitable organizations affiliated with a school district, are eligible to apply for a license to conduct bingo games in the city under the provisions of the California Constitution, California Penal Code section and provisions of this chapter; provided that the receipts of such games are used only for charitable purposes; and provided further that no organization is eligible to apply for a license after April 15, 1988 unless the organization has been in existence for three years or longer. 1 Page 5 of 6

6 SECTION 3. Section of the Sacramento City Code is amended to read as follows: Maximum prize. The total value of prizes awarded during the conduct of any bingo game may not exceed $500 in cash or kind, or both, for each separate game that is held. 2 Page 6 of 6