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ARDEN CARMICHAEL, INC. v. COUNTY OF SACRAMENTO

No. C030134.

94 Cal.Rptr.2d 673 (2000)

79 Cal.App.4th 1070

ARDEN CARMICHAEL, INC., et al., Plaintiffs and Appellants, v. COUNTY OF SACRAMENTO, Defendant and Respondent.

Court of Appeals of California, Third District.

April 13, 2000.

Attorney(s) appearing for the Case

Hoseit & Koelewyn, H.L. Koelewyn, Sacramento, and Ishikawa Law Office, Brendon Ishikawa for Plaintiffs and Appellants.

Robert A. Ryan, Jr., County Counsel, and Elaine P. DiPietro, Deputy County Counsel for Defendant and Respondent.

NICHOLSON, J.

This case presents two principal issues: (1) Did a fee imposed by the County of Sacramento (the County) upon a nonprofit organization based on a percentage of the gross receipts of bingo games violate California's Constitution? (2) Does Penal Code section 326.5 prohibit a nonprofit organization from using bingo proceeds to pay attorney fees associated with the bingo operation? We conclude that the fee was unlawful, and that the statute does not prohibit...

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