Agenda Item A.10
CPMS CONSENT CALENDAR
Meeting Date: September 5, 2023
TO: Mayor and Councilmembers
FROM: Megan Garibaldi, City Attorney
CONTACT: Winnie Cai, Assistant City Attorney
SUBJECT: Second Reading of Ordinance Adding Chapter 9.02 to the Goleta Municipal Code Authorizing the Operation of Bingo Games by Qualifying Organizations
RECOMMENDATION:
Conduct second reading (by title only) and waive further reading of Ordinance No. 23- ___ entitled “An Ordinance of the City Council of the City of Goleta, California, Adding Chapter 9.02 to Title 9 of the Goleta Municipal Code Authorizing the Operation of Bingo Games by Qualifying Organizations.”
BACKGROUND:
On August 15, 2023, the City Council introduced and conducted the first reading of the Operation of Bingo Games by Qualifying Organizations Ordinance (Attachment 1). The allowance of bingo by qualifying organizations within the City was inadvertently deleted from the Goleta Municipal Code in 2010. This ordinance would restore the right to operate bingo in accordance with Penal Code section 326.5.
DISCUSSION:
The City Council now has the opportunity to conduct the second reading and adopt the Operation of Bingo Games by Qualifying Organizations Ordinance, which would then become effective on the thirty-first day after adoption (October 6, 2023).
FISCAL IMPACTS:
There are no fiscal impacts associated with the proposed ordinance. 1
Meeting Date: September 5, 2023
ALTERNATIVES:
The City Council could choose to amend the ordinance and reintroduce it, direct staff to return with further information, or take no action. Each of these alternatives would prevent adoption at this time.
Reviewed By: Legal Review By:
___________________
Kristine Schmidt
Assistant City Manager
___________________
Megan Garibaldi
City Attorney
Approved By:
_________________
Robert Nisbet
City Manager
ATTACHMENTS:
1. Ordinance No. 23-__ entitled, “An Ordinance of the City Council of the City of Goleta, California, Adding Chapter 9.02 to Title 9 of the Goleta Municipal Code Authorizing the Operation of Bingo Games by Qualifying Organizations.” 2 ATTACHMENT 1:
Ordinance No. 23-__ entitled, “An Ordinance of the City Council of the City of Goleta, California, Adding Chapter 9.02 to Title 9 of the Goleta Municipal Code Authorizing the Operation of Bingo Games by Qualifying Organizations.” 3 ORDINANCE NO. 23-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLETA, CALIFORNIA, ADDING CHAPTER 9.02 OF THE GOLETA MUNICIPAL
CODE AUTHORIZING THE OPERATION OF BINGO GAMES BY
QUALIFYING ORGANIZATIONS
WHEREAS, on February 1, 2002 the City Council of the City of Goleta, California adopted its Municipal Code which was derived from the Santa Barbara County Code; and WHEREAS, in 2010, as part of an overhaul of the City’s Municipal Code, the City inadvertently omitted its prior regulations authorizing bingo games by qualifying organizations; and
WHEREAS, t he City Council seeks to restore those organizations’ ability to operate bingo games within Goleta city limits, subject to state regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 9, Chapter 9.02 of the Goleta Municipal Code, entitled Bingo Regulations, is hereby added to read in its entirety:
9.02.010 Definitions.
For the purposes of this chapter, the following words and phrases are identified as follows:
“Bingo” means 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. Bingo includes a punch board which is defined as any card, board or other device which may be played or operated by pulling, pressing, punching out or otherwise removing any slip, tab, paper or other substance therefrom to disclose any concealed number, name or symbol.
“Organizations” means organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701g, and 23701l of the Revenue and Taxation Code and by mobilehome park associations and senior citizens organizations.
9.02.020 Bingo Permitted.
Organizations are hereby permitted to conduct bingo within the City of Goleta provided that it is conducted in accordance with the limitations contained in Section 326.5 of the California Penal Code.
9.02.030 Penalty and Violations.
4 Ordinance No. 23-_ Adding Chapter 9.02 Entitled Bingo Regulations 2 A.
1. A violation of this section shall be subject to enforcement through all remedies set forth in
Penal Code section 326.5, including but not limited to misdemeanor prosecution and imposition of fines and issuance of an injunction by a court of competent jurisdiction, and
2. Goleta Municipal Code Chapter 1.01 for the prosecution of violations of the Goleta Municipal Code, including but not limited to, misdemeanor prosecution and civil penalties and Goleta Municipal Code Chapter 1.02 (Administrative Citations), including but not limited to the issuance of administration citations and imposition of fines in the amounts provided in Section 1.02.080.
3. Each violation shall be deemed a distinct and separate offense.
SECTION 2. Effect of Amendment. To the extent any provision of this Ordinance repeals, amends, or supersedes any previous approvals, such repeal or replacement will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance’s effective date.
Any such repealed or superseded part of previous approvals will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 3. No Conflict with Federal or State Law. Nothing in this Chapter is intended to create any requirement, power, or duty that is in conflict with any federal or state law.
SECTION 4. CEQA. The City of Goleta has determined that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000 et seq.), pursuant to State CEQA Guidelines §15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)) covering activities with no possibility of having a significant effect on the environment. The Ordinance is also exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 of Title 14 of the California Code of Regulations as actions taken by regulatory agencies to assure the maintenance, restoration, enhancement of natural resources, or protection of the environment.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 6. Certification. The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
SECTION 7. Effective Date.
5 Ordinance No. 23-_ Adding Chapter 9.02 Entitled Bingo Regulations 3 This ordinance shall take effect thirty days after its passage and adoption pursuant to California Government Code section 36937.
INTRODUCED ON the 15th day of August, 2023.
PASSED, APPROVED, AND ADOPTED this ____ day of ______, 2023. ______________________
PAULA PEROTTE
MAYOR
ATTEST: APPROVED AS TO FORM:
_______________________
DEBORAH S. LOPEZ
CITY CLERK
________________________
MEGAN GARIBALDI
CITY ATTORNEY
6 Ordinance No. 23-_ Adding Chapter 9.02 Entitled Bingo Regulations 4 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 23-_ was introduced on August 15, 2023, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the ______ of _________, 2023, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
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