Note: Prior ordinance history: Ords. 76-O-122, 77-O-110,
79-O-103, 79-O-107, 88-O-106 and O-2007-07.
Unless the particular provision or the context otherwise requires,
the definitions herein set forth shall govern the construction, meaning,
and application of words and phrases used in this chapter.
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 and announced by a live caller.
means the city of Placentia.
means the city administrator of the city of Placentia, or
designee.
means the city council of the city of Placentia.
means any employee of the city who is authorized to issue
or ensure compliance with applicable license requirements pursuant
to this chapter. A "license officer" includes, but is
not limited to, a code enforcement/compliance officer or any other
employee authorized by the city administrator.
means and includes any person, firm, partnership or association eligible to conduct bingo games hereunder and is qualified pursuant to the provisions of Section 10.26.030 of this chapter and shall include any applicant hereunder.
means a bingo game in which the organization conducting the
game uses audio or video technology to link electronically any of
its in-state facilities for the purpose of the remote calling of a
game from a single location to multiple locations owned, leased, or
rented by that organization or pursuant to specified agreements all
in compliance with the provisions of California Penal Code Section
326.3.
(Ord. O-2011-09 § 2, 2011)
The following organizations are qualified to apply to the business
license division for a license to operate a bingo game or remote caller
bingo game if the receipts of those games are used only for charitable
purposes:
(1)
An organization exempt from taxes imposed under the California Corporation
Tax Law by Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g,
23701k, 23701l, or by Section 23701w of the California Revenue and
Tax Code.
(2)
A mobile home park association of a mobile home park that is situated
in the city.
(3)
A senior citizen organization.
(4)
A charitable organization affiliated with a school district within
the city.
(Ord. O-2011-09 § 2, 2011)
It is unlawful for any organization to conduct bingo games without
a license issued pursuant to this chapter. A license issued pursuant
to this chapter shall be valid until the end of the calendar year,
at which time the license shall expire. A new license shall only be
obtained upon filing a new application and payment of the license
fee. The fact that a license has been issued to an applicant creates
no vested right on the part of the licensed organization to continue
to offer bingo for play. The city council expressly reserves the right
to amend or repeal this chapter at any time. If this chapter is repealed,
all licenses issued pursuant to this chapter shall cease to be effective
for any purpose on the effective date of the repealing resolution.
(Ord. O-2011-09 § 2, 2011)
An eligible organization seeking to obtain a license to conduct
bingo games in the city shall file an application in writing therefor
in the office of the business license division on a form to be provided
by the business license division. The issuing authority shall be the
city administrator.
(Ord. O-2011-09 § 2, 2011)
No license shall be issued to any organization unless such applicant is an eligible organization under Section 10.26.020 and the application conforms to the requirements, terms and conditions of this chapter and California law.
(Ord. O-2011-09 § 2, 2011)
The application shall be in a form prescribed by the business
license division and shall be accompanied by a filing fee in an amount
determined by resolution of the city council from time to time. The
following documentation shall be attached to the application, as applicable:
(1)
A certificate issued by the franchise tax board certifying that the applicant is exempt from the payment of taxes pursuant to the provisions of Section 10.26.020(1). In lieu of a certificate issued by the franchise tax board, the business license division may refer to the franchise tax board's internet website to verify that the applicant is exempt from the payment of taxes pursuant to the provisions of Section 10.26.020(1);
(2)
Other evidence as the business license division determines is necessary
to verify that the applicant is a duly organized mobile home park
association of a mobile home park situated in the city, a qualified
senior citizen organization or a charitable organization affiliated
with a school district within the city;
(3)
The name and signature of at least two officers, including the presiding
officer, of the organization and the trustee of any trust;
(4)
The fingerprints of the applicant's officers; provided, however,
that fingerprints shall not be required of any applicant who can show
possession of a valid state business or professional license which
requires such fingerprinting;
(5)
A statement as to whether or not the applicant officers have been
convicted of any crime, misdemeanor, or violation of any municipal
ordinance, the nature of the offense, and the punishment or penalty
assessed therefor;
(6)
(A)
The particular property within the city, including the street number,
owned, leased or used by the applicant, or property whose use is donated
to the organization, 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,
(B)
If the application is for remote caller bingo games, the particular
property within the city, including the street number, owned or leased
by the applicant, or the use of which is donated to the organization,
provided that the operation of bingo games may not be a primary purpose
for which the applicant is organized. Nothing in this subsection shall
be construed to require that the property that is owned or leased
by, or the use of which is donated to, the organization be used or
leased exclusively by, or donated exclusively to, that organization;
(7)
Proposed day(s) of week and hours of day for conduct of bingo games;
(8)
A statement that the applicant agrees to conduct bingo games in strict
accordance with the provisions of California Penal Code Sections 326.3
and 326.5 and this chapter as the same may be amended from time to
time hereafter, and agrees that the license to conduct bingo games
may be revoked by the city administrator upon violation of any of
such provisions;
(9)
A statement that the applicant agrees to pay, on a monthly basis,
an additional fee for law enforcement and public safety costs incurred
by the city that are directly related to bingo activities which may
be imposed and shall be; however, any such law enforcement and public
safety fee shall not exceed the actual costs incurred in providing
the service;
(10)
Said application shall be signed by the applicant under penalty of
perjury.
(Ord. O-2011-09 § 2, 2011)
Upon receipt of the completed application and the fee required
therefor, the finance director shall refer the same to interested
departments of the city including, but not limited to, the city administrator,
city attorney, development services director, police chief and the
fire department for investigation as to whether or not all the statements
in the application are true, and whether or not the property of the
applicant qualifies, and the extent to which it qualifies as property
on which bingo games may lawfully be conducted as to fire, occupancy,
zoning, off-street parking and other applicable restrictions.
(Ord. O-2011-09 § 2, 2011)
If an application for a license is denied, 1/2 of the license fee paid shall be refunded to the organization. An organization may appeal, in accordance with the provisions of Section 10.26.280.
(Ord. O-2011-09 § 2, 2011)
Upon being satisfied that the applicant is fully qualified under
law to conduct bingo and/or remote caller bingo games in the city,
the city administrator shall issue a license to said applicant, which
shall contain the following information:
(1)
The name and nature of the organization to which the license is issued;
(2)
The address where bingo games are authorized to be conducted;
(3)
The occupancy capacity of the room in which bingo games are to be
conducted;
(4)
The date of the expiration of said license; and
(5)
Such other information as may be necessary or desirable for the enforcement
of the provisions of this chapter.
(Ord. O-2011-09 § 2, 2011)
(a)
Any license issued pursuant to this chapter shall be subject to the
conditions contained in California Penal Code Sections 326.3 and 326.4,
as applicable, and any regulations as promulgated and enforced by
the Department of Justice or other designated agency, and each licensed
organization shall comply with the requirements of those provisions.
(b)
Each license issued pursuant to this chapter shall be subject to
the following additional conditions:
(1)
Bingo games shall not be conducted by any licensed organization on
more than two days during any week, except that a licensed organization
may hold one additional game, at its election, in each calendar quarter.
(2)
The licensed organization is responsible for ensuring that the conditions
of this chapter and California Penal Code Sections 326.3 and 326.4
are complied with by the organization and its officers and members.
A violation of any one or more of those conditions or provisions shall
constitute cause for the revocation of the organization's license.
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A use conformity determination as required by the zoning district
in which the bingo games will be conducted.
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(Ord. O-2011-09 § 2, 2011)
Subject to the provisions of Section 10.26.290, a licensed organization shall conduct a bingo game on property owned or leased by it, or for bingo games other than remote caller bingo, on property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property at the address which is stated in the application. In the event the described property ceases to be used as a place for performance of the purposes of conducting bingo games, the license shall immediately terminate have no further force or effect. A new license may be obtained by an eligible organization, upon application and satisfaction of the requirements under this chapter.
(Ord. O-2011-09 § 2, 2011)
A bingo game shall be operated and staffed only by members of
the licensed organization. Such members shall not receive a profit,
wage, or salary from any bingo game. Only the licensed organization
shall operate such game, or participate in the promotion, supervision
or any other phase of such game except as otherwise permitted by California
Penal Code Section 326.3 or 326.5. This section does not preclude
the employment of security personnel who are not members of the authorized
organization at a bingo game by the organization conducting the game.
(Ord. O-2011-09 § 2, 2011)
All organizations issued a valid license pursuant to this chapter
shall, during the operation of any bingo game, provide for each person
of the organization involved in direct operation thereof an identification
card indicating the member is in good standing in the organization
and authorized to be a bingo game operator. Said identification cards
shall receive the approval of the chief of police as to form prior
to issuance. Identification cards shall be worn on an outer garment
in a clearly visible location at all times when an individual is serving
as an operator of a bingo game. Identification cards may be issued
by an organization at any time after a valid license has been issued.
Nothing in this section shall be construed as to limit the number
of operators and other participants an organization may acquire.
(Ord. O-2011-09 § 2, 2011)
No individual, corporation, partnership, or other legal entity
except the licensed organization shall hold a financial interest in
the conduct of such bingo games.
(Ord. O-2011-09 § 2, 2011)
The total value of prizes awarded during the conduct of any
bingo game shall not exceed $500 in cash or kind, or both, for each
separate game which is held except as otherwise provided in California
Penal Code Section 326.
(Ord. O-2011-09 § 2, 2011)
All profits derived from a bingo game shall be kept in a special
fund or account and shall not be commingled with any other fund or
account. The licensed organization shall keep full and accurate record
of the income and expenses received and disbursed in connection with
its operation, conduct, promotion, supervision and any other phases
of bingo games which are authorized by this chapter. The city, by
and through its authorized officers, shall have the right to examine
and audit such record at any reasonable time. The licensed organization
shall fully cooperate with the city by making such record available.
(Ord. O-2011-09 § 2, 2011)
On or before April 15th of each year, each licensed organization
shall file with the city administrator an audit for the calendar year
immediately preceding. The audit shall be prepared and signed by a
certified public accountant and shall reflect all income and expenses
received and disbursed in connection with the operation, conduct,
promotion, supervision or any other phase of bingo games authorized
by this chapter.
(Ord. O-2011-09 § 2, 2011)
It is a misdemeanor under California Penal Code Sections 326.3
and 326.5(b) for any person to receive a profit, wage or salary from
any bingo game authorized under this chapter, a violation of which
is punishable by a fine not to exceed $10,000, which fine shall be
deposited in the general fund of the city.
(Ord. O-2011-09 § 2, 2011)
No bingo game shall be conducted before 10:00 a.m. or after
11:30 p.m. of any day.
(Ord. O-2011-09 § 2, 2011)
All bingo games shall be open to the public, not just to the
members of the licensed organization.
(Ord. O-2011-09 § 2, 2011)
Notwithstanding that bingo games are open to the public, attendance
at any bingo game shall be limited to the occupancy capacity of the
room in which such game is conducted as determined by the fire department
and building department of the city and in accordance with applicable
laws and regulations. No licensed organization shall reserve seats
or space for any person.
(Ord. O-2011-09 § 2, 2011)
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.
(Ord. O-2011-09 § 2, 2011)
No person shall sell or consume nor shall any licensed organization
permit the sale or consumption of any alcoholic beverage on the premises
where licensed bingo games are in operation.
(Ord. O-2011-09 § 2, 2011)
No person who is obviously intoxicated shall be allowed to participate
in a bingo game.
(Ord. O-2011-09 § 2, 2011)
No person under the age of 18 shall be allowed to participate
in any bingo game.
(Ord. O-2011-09 § 2, 2011)
(a)
Whenever it appears to the city administrator that the licensed organization
is conducting a bingo game in violation of any of the provisions of
this chapter, the city administrator shall have the authority to summarily
suspend the license and order the licensed organization to immediately
cease and desist any further operation of any bingo game.
(b)
Any person who continues to conduct a bingo game after a summary suspension thereof under subsection (a) is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding $1,000 or by imprisonment in jail for a period not exceeding six months, or by both such fine and imprisonment.
(c)
The order issued under subsection (a) shall also notify the licensed organization that it shall have right to appeal within the time and in the manner specified in Section 10.26.280. Failure to appeal and request in writing such hearing within the time and in the manner required shall result in a revocation of the license.
(d)
Any organization whose license is suspended under this section shall
not conduct any bingo game in the city unless and until such time
as an appeal has been finally determined in the licensed organization's
favor.
(Ord. O-2011-09 § 2, 2011)
(a)
Whenever it appears to the city administrator that the licensed organization is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation, and no summary suspension is ordered under Section 10.26.260, the license may be revoked: provided. No license shall be revoked under this section except upon five days' written notice given by depositing in the United States mail directed to said licensed organization at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.
(b)
Any organization whose license is suspended under this section shall
not conduct any bingo game in the city unless and until such time
as an appeal has been finally determined in the licensed organization's
favor.
(Ord. O-2011-09 § 2, 2011)
(a)
License Denial.
(1)
An applicant may appeal the business license officer's denial
of a license or license renewal by filing a written notice of appeal
with the city clerk setting forth the grounds for disagreement with
the decision within 10 days of the date of the decision. The appeal
must be accompanied by the applicable appeal fee established by city
council resolution.
(2)
The city clerk will then fix a time and place for the hearing of
such appeal before the city administrator, and shall give notice to
the appellant of the time and place of the hearing by certified mail
or personal delivery to the appellant at the address provided in the
appeal.
(3)
At the hearing, the city administrator shall have authority to determine
all questions raised on such appeal, provided that no such determination
may conflict with any substantive provision of this code or other
applicable law. The decision of the city administrator shall be final,
and shall be effective upon the date that written notice of the decision
is sent by certified mail or personally delivered to the appellant.
(b)
License Revocation or Suspension.
(1)
A licensed organization may appeal the city administrator's
revocation or suspension order by filing a written notice of appeal
with the city clerk setting forth the grounds for disagreement with
the decision within 10 days of the date of the revocation or suspension
order. The appeal must be accompanied by the applicable appeal fee
established by city council resolution.
(2)
If an appeal of a revocation or suspension order is timely filed,
the matter shall be scheduled for a hearing within a reasonable time
before a city-appointed administrative hearing officer. The filing
of such appeal shall stay the revocation or suspension order until
a final decision is made by the hearing officer. The licensed organization,
and any other persons requesting notice shall be given at least 10
days' written notice of the time and place of such hearing.
(3)
At the hearing, the hearing officer shall determine whether a sufficient
basis exists for the revocation or suspension of the license based
upon the complaint, applicable staff reports, the revocation or suspension
order, and such other evidence as may be presented that is relevant
to the proceedings. The hearing officer may continue any such hearing
from time to time. The licensed organization shall be given a reasonable
opportunity to be heard in conjunction with the revocation or suspension
proceedings. The burden of proof shall be upon the city to show that
the facts and evidence is sufficient to constitute a basis for revocation
or suspension of the license. The proceedings before the hearing officer
shall be an informal administrative hearing and the rules of evidence,
as generally applied in judicial proceedings, shall not be applicable.
However, city officials or representatives and the licensed organization
shall have the right of subpoena.
(4)
The hearing officer shall issue a written decision on the appeal
within 10 days of the conclusion of the hearing unless the city and
the licensed organization agree to a different deadline. Notice of
such decision must be provided to the licensed organization by certified
mail or personal delivery.
(5)
The decision of the hearing officer shall be effective upon the date
of mailing or personal delivery of the decision, and shall be final,
subject to the provisions of California Code of Civil Procedure Section
1095. The time during which judicial review may be sought is governed
by California Code of Civil Procedure Section 1094.6 and notice thereof
shall be given by the hearing officer at the time the decision is
rendered.
(6)
Any licensed organization whose license is finally revoked may not
again apply for a license to conduct bingo games in the city for a
period of one year from the date of such revocation; provided, however,
if the ground for revocation is cancellation of the exemption granted
under California Revenue and Taxation Code Section 23701d such organization
may again apply for a license upon proof of reinstatement of said
exemption.
(Ord. O-2011-09 § 2, 2011)
Notwithstanding the provisions of Title 23 (Zoning Code) of this code, the planning commission of the city shall, upon application made pursuant to the provisions of Chapter 23.87, review and determine whether the use of the property identified by the applicant for a bingo license conforms to the intent and purpose of zone district in which said property is located with regard to permitted uses or uses authorized pursuant to a use permit and has characteristics similar to those uses identified in said zone district. The city administrator shall determine the number of plot plans to be submitted together with the application. The planning commission shall make the findings required by Section 23.87.040 in making any such determination. In the event the planning commission finds and determines that the property proposed for use for bingo requires a use permit then, and in that event, the fee paid for the use conformity review shall be credited against the fee to be charged for the use permit application.
(Ord. O-2011-09 § 2, 2011)
A licensed organization currently in possession of a valid bingo license pursuant to the provisions of Chapter 10.26 of the Placentia Municipal Code shall not be required to obtain a new license upon the effective date of the ordinance codified in this chapter. Notwithstanding the foregoing, any licensed organization which desires to initiate remote caller bingo shall submit a new application and comply with all requirements of this amended Chapter 10.26.
(Ord. O-2011-09 § 2, 2011)
