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Home My WebLink AboutORD 2654 . - • , , .. . , 1 - . ' . ,.e__ ,.. . - . . � )� � CIT'Y OF' R�f�TC7� � � / � ORDINANCE NO. �(�;�� AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, I RELATING TO"BINGO;"RAFFLES'�"AMUSEMENT GAMES" CONDUCTED BY CHARITABLE OR iVON PRO�'IT ORGANIZATIOAIS, D�FINING PROHIBITED CONDUCT, ESTABLISHING RULES AI�D REGULATIONS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE ISSUANCE OF A CERTIFICATE OF REGISTRATION. THE CITY COUNCIL OF THE CITY OF RENTON DO ORDAIN AS POLLOWS : � SECTION I : For the purpose of this Ordinance the following definitions shall apply: 1. "Bingo" means a game in which prizes are awarded, on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random and in which no cards are sold except at the time and place of said game , when said game is conducted b5� a bc�riafide charitable or non-profit organization which does not conduct or allow its premises to be used for conducting bingo on more than three occasions per week and which does not conduct bingo in any location which is used for conducting bingo on more than three occasions per week, or if an agricultural fair authorized under Chapters 15. 76 and 36 . 37 RCW, which does not conduct bingo on more than twelve C12) consecutive days in any calendar year, no person other than a bonafide member of said organization takes any part in the management or operation of said game and no person takes any part in the management or operation of any game conducted by any other organization or any other branch of the same organization and no part of the proceeds thereof inure to the benefit of any person other than � the organization conducting said game. I ` 2. "Raffle" means a game in which tickets bearing an individual number are sold for not more than one dollar each and in which a prize or prizes are awarded on the basis of a drawing from said tickets by the person or persons �onducting the game , when said game is conducted by a bonafide charitable or nonprofit organization, no person other ' _ � _ than a bonafide member of said organization takes any part in the management or operation of said game , and no Qart of the proceeds thereof inure to the benefit of any person oth.er than the organization conducting said game. 3. "Amusement Game" means a game played for entertainment in which: Ca) The contestant actively participates ; Cb) The outcome depends in a material degree upon the skill of the contes�ant ; (c) Only merchandise prizes are awarded; Cd) The outcome is not in the control of the operator; Ce) The wagers are placed, the winners are determined, , and a distribution of prizes or property is made in the resence of all ersons lacin wa ers at P P P g g said games ; and (f) Said game is conducted by a bonafide charitable or nonprofit organization, no person other than a bonafide ' member of said organization takes any part in the management or operation of said game, including the furnishing of equipment ,and no part of the proceeds thereof inure to the benefit of any person other than the organization conducting such game or said game is conducted as part of any agricultural fair as authorized under chapters 15 . 76 and 36 . 37 RCW. 4. "Bonafide charitable or nonprofit organization" means any organization duly existing under the provisions of chapters 24. 12 , 24. 20 or 24. 28 RCW, any agricultural fair a-uthorized under the � provisions of chapters 15 . 76 or 36 . 37 RCW, or any nonprofit corporation - 2 - �- - duly�existing under the provisions of chapter 24. 03 RCGd for charitable , benevolent, eleemosynary, educational, civic, patriotic, political, social , fra�ernal, athletic or agri.cultural purpases only, which has been organized and is operated primarily for purposes other than the operation of bingo games , raffles,� amusement games and which receives not more than five thousand dollars or twenty five percent of its gross receipts , whichever is the greater, in any calendar year from the operation of bingo , raffles ,� amusement games but these limitations on receipts shall not apply to any .organization which conducts only one raffle per calendar year, the total gross income from �rhich does not exceed twenty thousand dollars , and rahich does not conduct bingo games ,� amusements games . The fact that contributions to an organization do not qtnlify for charitable contribution deduction purposes or that the organization is not otherwise exempt from payment of federal income taxes pursuant to the Internal Revenue Code of 1954 , as amended, shall constitute prima facie evidence that the organization is not a bonafide charitable or nonprofit organizafion for the purposes of �his section. 5 . "Whoever'� and "person" include natural persons , corporations and partnerships and associations of persons ; and when any corporate officer, director or stockholder or any partner authorize�l� participates in, or knowlingly accepts benefits from any violation of this Ordinance , or 1971� (ex. Session) �'I :�h:�280 ; .Laws= of/committed by his corporation or partnership, he shall be punishable for such violation as if it had been directly committed by him. 6. The terms "contest of chance" , "gambling'r , `�player'T "a person engaged in 'professional gambling' ►r , "gambling device" "gambling premises" , "gambling information" , "thing of value" , �' - 3 - . . . l "gambling record" , and "book making" , shall have the same meaning as is set forth in Section 2 of Chapter 280 , Sessi.on La�rs of 1971, First Extraordinary Session, and said terms and definitions .and their accompanying meanings are incorporated herein as if fully set forth. SECTION II : No charitable or non�rofit organization shall conduct any bingo game , raffle, or any amusement game within the City Limits of the City of Renton unless a c.erti,�icate of registration shall have been issued as herein p��ovided. SECTION III : Applications for such a certificate of .registration shall be filed with the City Clerk of the City of Renton prior to conducting �.ny bingo game , raffle , or any amusement game as herein defined, and shall, among others , include the following information: l. The date or dates , including hours , and location, where the bingo game, raffle or amusement game will be conducted. 2. The name or names of the owner, whether an individual , partnership or corporation, of the location where the bingo game, raffle or amusement game will be conducted, and the name of the person or persons who will manage the bingo game , raffle or amusement game. If o�rnership of the location is in a partnership or corporation, then the names and addresses of the partners , whether general or limited, and the names and addresses of the officers and directors of such corporation, shall likewise be provided. 3 . A certified copy of the Articles of Incorporation of any such eharitable and nonprofit organization, together with any amend�nents thereto, conducting the bingo game , raffle or amusement game. - 4 - � � ' • t • I 4. A true or certified Gopy of the Statement of the 'I Internal Revenue Service , i�� any , ce��ifying that contributions to the arganization qualify for charitable contribu�ion deduction purposes or fihat the organiza"tion is atherwise. exempt fram payment of the federal income tax pursuant ta the Internal �evenue Act of 1954, as amended; 5. A true copy of any existing lease agreement , �ogether with any amendments ar modif ications thereto , �' pertaining to �he premises where such charitable or ' nanprofit organizatian intends to conduct any bingo game , raffle or amusement game, 6. Each applieation for a certificate of registration shall be accompanied by a re�i�tration fee of $ �<(� . � � I SECTIQN IV : CONDUCT OF BINGO GAMES : a. No person, firm, association, carporation or organization other than as provided in this Ordinance or Chapter 280 , Lawsof 1971 lst Extraordinary Session, �hall conduct such game , or shall ob�ain � a lease for ar otherwise make available for conducting binga �herein, a hall or other premises , for any considerution whatsoever, direct � or indirect. b. No binga games shall be held, operated or conducted on or ' within any leased premises if rental under such lease is to be paid, wholly or partly, on fihe ba�is of a percen�age of the receipts ar ne� prafits derived from �he operation of such game, nor shall the rental under such lease exeeed the usual ren�al for such premises � in the same locality. I - 5 - . . - , r G , � c. No bingo game shall be held, operated or conducted if the compensation to any person taking part in the management or operation of such game is based upon a percentage of the receipts or net profits derived from the op�ration of such game. d. The entire net proceeds of any game of bingo and of any rental therefor �hall be exclusively devoted to ti�e lawful purposes of the organization permitted to conduct the same. Net proce�ls for the purpose of this Ordinance shall mean that amount remaining after expenses for supplies , rental and prizes a�rarded to participants are deducted from the gross proceeds of such game. SECTION V: Upon receipt of an application for a certificate of registration as set forth in this Ordinance , the City� Clerk shall issue a Certificate of Registration. ' SE�CTION VI : It shall be unlawful for any person to refuse or to hinder or delay or interfere with the inspection and audit of any charitable or nonprofit organization as provided for in Section 8 of Chapter 280 , Session Laws of 1971 , lst Extraordinary Session, which Section is hereby incorporated herein as if fully set forth. 4 SECTION VII : If any provision of thi.s Ordinance , or its application to any person or circumstance is held in�ralid, the remainder of the Ordinance or the application of the provision is to other persons or cireumstances/not affected ; PROVIDED HO�iJEVER that should any provision of this Ordinance or of Chapter 280 , Session Laws of 1971 , lst Extraordinary Session, pertaining to the , playing of bingo , the holding of raffles , or permitting the operation ; of amusement games be held invalid or unconstitutional , then the provisions hereof relating to each such item as aforesaid specifically ii�eclared �n�ta-?i.d .or unconstitutional by a court of competent jurisdiction, shall remain inoperative unless and until the qualified electors of this - 6 - .. . . . � � � � State shall approve an amendment to Article II, Section 24 , to the Constitution o,f the State of Gaashington , �thich may remove any constitutional restrictions against the Legislature enacting such laws or the City Council enacting such registration ordinance. SECTION VIII : Any violation of this Ordinance or of any provision of Chapter 280 , Session Laws of 1971 , lst Extraordinary Session, shall constitute a misdemeanor and punishment therefor� upon conviction, , / shall be in the sum of $500 . 00 or nir�y (90 ) days in the City jail, or both, or as otherwise provided by the ap�licable laws of the State of Washington. SECTION IX : Any and all ordinances or parts of ordinances in conflict herewith are hereby repealed. The issuance of a Certificate of Registration hereunder shall in � no way be construed or interpreted as an authorization by the City of Renton to conduct any such activity as herein defined , nor is such activity endorsed or. condoned thereby. SECTION X : This Ordinance shall be effective upon its passage , approval and five days after its publication , unless otherwise provided for hereinabove. PASSED BY THE CITY COUNCIL this�day of August , 1971. ��C`�2�� 2��n.-m Helmie Nelson, City Clerk �e��.. }�ST mT.T,-, r��_�,,,., , • `1 i��,,�'�` ��_— _ , ��7�� ..'1\ -'Y.f115��9��aL. -��II�2�a�u�ub t: � 1 JTS. _ ,� ��p.y�pe �L�-�Y G l �V� V Q 1 1 �'.��l.t� � 1� � This Ordinance passed �ithout approval of City Attorney since constitutional provisions prohibit authorization or permit of any lottery, without the approvi,_g vote the electorate to amend such constitutional prohibition. � � � � Gerard M. Shellan, City Attorney Published without si�'�ature of Mayor PUBLICATION DATE �� g� - � -