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ORDINANCE NO. NS~314 Page Seven 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. SECTION 22: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-62, which said section reads as follows: Section 10-62. Receipt of Profit by a Person - Misdemeanor Under State Law It is a misdemeanor under Section 326.5(b) of the Penal Code of the State of California for any person to receive a profit, wage or salary from any bingo game authorized under this Code, a violation of which is punishable by fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the City of Santa Ana. SECTION 23: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-63, which said section reads as follows: Section 10-63. City may Enjoin Violation The City of Santa Aha may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of the provisions of the Santa Ana Municipal Code relating to bingo games. SECTION 24: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitu- tional. SECTION 25: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be con- strued as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, failed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 20th day of September ,1976. ATTEST: FLORENCE I.