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.
"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 and announced by a live caller.
"City"
means the city of Placentia.
"City administrator"
means the city administrator of the city of Placentia, or designee.
"City council"
means the city council of the city of Placentia.
"License officer"
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.
"Organization"
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.
"Remote caller bingo"
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)
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.
A use conformity determination as required by the zoning district in which the bingo games will be conducted.
(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)
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)
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)
(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)