[Ord. No. 668, § 2
(part), 1976.]
Eligible organizations may operate bingo games within the city,
subject to the issuance of an annual permit therefor and subject to
the rules and regulations contained in this article and contained
in California Penal Code Section 326.5.
[Ord. No. 668, § 2
(part), 1976; Ord. No. 701, § 1,
1977.]
For the purpose of this article, unless the context clearly
requires a different meaning, the words, terms and phrases hereinafter
set forth shall have the meanings given to them in this section:
(a)
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.
(b)
ELIGIBLE ORGANIZATIONS — Means any organization exempted from
the payment of the bank incorporation tax by Sections 23701a, 23701b,
23701d, 23701e, 23701f, 23701g, and 23701-1 of the Revenue and Taxation
Code and by mobile home park associations and senior citizens'
organizations; and further provided that the eligible organizations
must use the proceeds of bingo games only for charitable purposes.
[Ord. No. 668, § 2(part),
1976.]
No eligible organization shall operate a bingo game without
first having obtained a written permit therefor from the director
of finance.
[Ord. No. 668 § 2(part),
1976: Ord. No. 673 § 2,
1976.]
Eligible organizations desiring to obtain permits to conduct
bingo games in the city shall file an application in writing therefor
in the office of the director of finance on a form to be provided
by the director of finance. The permit issued shall be for a term
of one year from the date of issuance, subject to a renewal annually
and a fee therefor shall be paid for an original application or renewal
in the amount of fifteen dollars annually, which the city determines
to be the cost to the city of issuing said permit.
The application for a license shall contain the following:
(b)
The name, signature, and home addresses of at least two officers,
including the presiding officer, of the corporation or community chest
and the trustee of any trust;
(c)
The particular property within the city, including the street number,
owned or leased by the applicant, used by such applicant for an office
or for performance of the purposes for which the applicant is organized,
on which property bingo games will be conducted, together with the
occupancy capacity of such place;
(d)
Proposed days of week and hours of day for conduct of bingo games;
(e)
The annual fee as set out in this section;
(f)
The applicant shall also submit, with its application, a letter or
other evidence from the State Franchise Tax Board showing that the
applicant is exempted from the payment of the bank and corporation
tax by Section 23701(d) of the Revenue and Taxation Code;
(g)
A statement that the applicant agrees to conduct bingo games in strict
accordance with the provisions of Section 326.5 of the Penal Code
and this chapter, as they may be amended from time to time, and agrees
that the license to conduct bingo games may be revoked by the city
upon violation of any of such provisions;
(h)
The application shall be signed by the applicant under penalty of
perjury.
[Ord. No. 668, § 2(part),
1976.]
Upon proof to the satisfaction of the director of finance that
the applicant is an eligible organization, the license to operate
bingo games shall be issued to the applicant. Said license shall be
prominently displayed on the premises upon which bingo games are to
be held.
[Ord. No. 668, § 2(part),
1976.]
Whenever it appears to the city administrator that a holder
of a bingo operator's license is conducting a bingo game in violation
of any of the provisions of this article or in violation of any of
the provisions of Section 326.5 of the Penal Code, the city administrator
shall give notice to the holder of the bingo operator's license
of such violation by means of an inspection report or other written
notice. Such notification shall:
(a)
Set forth the specific violation or violations;
(b)
Establish a specific or reasonable period of time for the correction
of the violation or violations; and
(c)
State that failure to comply with any notice issued in accordance
with the provisions of this part may result in the city administrator
initiating proceedings for suspension or revocation of the license.
[Ord. No. 668 § 2(part), 1976)]
(a)
Whenever it appears to the city administrator that the holder of a bingo operator's license is conducting a bingo game in violation of any of the provisions of this article or the provisions of Section 326.5 of the Penal Code, and the holder has failed to make corrections after receiving the notice pursuant to Section 8-25 of this article, the city administrator shall have the authority to summarily suspend the license and order the holder to immediately cease and desist from any further operations of any bingo game.
(b)
Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (a) of this section is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both fine and imprisonment.
[Ord. No. 668 § 2(part),
1976.]
The city administrator may initiate suspension or revocation
proceedings by sending written notice to the holder of a bingo operator's
license setting forth the grounds for such revocation or suspension.
Such notice shall be sent by certified mail, return receipt requested,
to the address set forth in said permit.
[Ord. No. 668,.§ 2(part),
1976.]
The city administrator shall fix a time and place for hearing under either Section 8-26 or Section 8-27 of this article, which shall be held within fifteen days following the notice of suspension or revocation. The holder of a bingo operator's license shall be given notice of said hearing at least ten days prior to the hearing date. Said notice shall be given either personally to the operator or by certified mail, return receipt requested.
At the time and place fixed in said notice, the city administrator
or his designee shall hear the applicant and all witnesses together
with any proper documentary evidence offered in support of or against
the continuation of the license. The city administrator shall, at
the conclusion of the hearing, make findings of fact based upon the
evidence submitted and determine whether grounds exist for the suspension
or revocation of the license. If the city administrator determines
that said license should be suspended or revoked, he shall so order.
If the city administrator determines that no proper grounds exist
for the suspension or revocation of the license, then he shall terminate
any prior suspension.
[Ord. No. 668, § 2
(part), 1976.]
Any holder of a bingo operator's license aggrieved by the
action of the city administrator or other officials of the city, and
acting under this article, may appeal such decision to the city council
by filing a written appeal with the city clerk not later than ten
days from the decision of the city administrator.
The appeal shall set forth the grounds of appeal and the reasons
why such appeal should be granted. The city council shall set the
matter for hearing within thirty days and give the applicant notice
of the time and place for said hearing, in person or by mail, not
later than ten days prior to the hearing.
[Ord. No. 668, § 2(part),
1976.]
The city council may reverse or affirm, wholly or in part, any
decision, determination or requirements of the city administrator
and may make any decisions or determinations or impose such conditions
as the facts warrant. The decisions of the city council shall be final.
[Ord. No. 668, § 2(part),
1976.]
The city may bring an action in a court of competent jurisdiction
to enjoin the violation of Section 326.5 of the Penal Code of the
state, or of this article.
[Ord. No. 668, § 2
(part), 1976.]
If any section, subsection or portion of this article 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 part. The city council
declares that it would have adopted this article and each section,
subsection or portion thereof irrespective of the fact that any one
or more of the sections, subsections or portions may be declared invalid
or unconstitutional.
