As used in this chapter, the following words shall have the following meanings:
"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.
"Mobile home park association"
means an association organized for the primary purpose of governing a mobile home park, or providing or sponsoring recreational or social activities for residents of a mobile home park located in the city all of the members of which are residents of such park.
"Senior citizens organization"
means an organization organized for the primary purpose of providing recreational and social activities for persons over the age of fifty-five, all of the members of which are over the age of fifty-five.
(Ord. 960 § 1, 1976; Ord. 991 § 2, 1977)
Corporations, or other organizations exempted from the payment of the bank and corporations tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f) and 23701(l) of the Revenue and Taxation Code which have been in existence and operating in the city for at least two years prior to application, and mobile home park associations and senior citizens organizations which have been in existence and operating in the city for at least two years prior to application are eligible to apply for licenses as herein provided for to conduct bingo games in the city.
(Ord. 991 § 1, 1977)
Eligible organizations desiring to obtain a permit to conduct bingo games in the city shall make application to the director of finance on a form to be provided by the finance department. The permit, if issued, shall be for a term of one year from the date of issuance, subject to renewal and annual fee. A filing fee in the amount of fifty dollars shall accompany the application, to be used to defray the city's cost of investigating the application. If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization.
(Ord. 960 § 1, 1976; Ord. 991 § 3, 1977)
The application for a permit shall contain the following:
A. 
The name of the applicant organization and a statement that applicant is an eligible organization under Section 5.08.020;
B. 
The name, address and signature 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 address, 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. 
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 permit to conduct bingo games may be revoked by the city manager upon violation of any such provisions;
F. 
The application shall be signed by the applicant under penalty of perjury;
G. 
The annual permit fee fixed by the city council by resolution shall accompany the application;
H. 
The applicant shall submit, with its application, a copy of its certificate or determination of exemption under one of the provisions of the Revenue and Taxation Code sections enumerated in Section 5.08.020 or a letter of good standing from the Exemption Division of the Franchise Tax Board showing the exemption. In the event the applicant is either a senior citizens organization or a mobile home park association it shall submit a declaration executed under penalty of perjury by its president or chairman which shall state the date of its organization, the names and address of all officers and director, and a brief statement setting forth the specific purposes for which the organization was formed.
I. 
Such other information as the license issuing authority of the city may require to ascertain the validity of the application and/or to make a determination on the issuance of a license.
(Ord. 960 § 1, 1976; Ord. 991 § 4, 1977)
Upon receipt of the completed application and the fee, the finance director shall refer the same to interested departments of the city, including, but not limited to, city manager, city attorney, police department, fire department and building 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, conducted as to fire, occupancy and other applicable restrictions.
(Ord. 960 § 1, 1976)
A. 
The city manager, or his designee, shall issue a permit to the qualified organization if all requirements for the conduct of bingo games described in this chapter are met. The city manager may recommend to the city council that the applicant be subject to a public hearing and council approval, when in his judgment any such application has or would have an effect upon the public health, safety or welfare of the community.
B. 
Any organization denied a permit by the city manager or his designee, may appeal to the city council in writing, stating reasons why the permit should be granted. Also, the city council may elect on its own motion to review any determination of the city manager granting or denying a permit.
(Ord. 960 § 1, 1976)
Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the city, the city manager shall issue a permit to the applicant, which shall contain the following information:
A. 
The name and nature of the organization to whom the permit is issued;
B. 
The address where bingo games are authorized to be conducted;
C. 
The occupancy capacity of the room in which bingo games are to be conducted;
D. 
Date of the expiration of such permit;
E. 
Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.
(Ord. 960 § 1, 1976)
A. 
Whenever it appears to the city manager that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the city manager shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation 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 shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars 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 of this section shall also notify the licensee that it shall have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the city manager within the five-day period, shall result in a revocation of the license.
D. 
Upon such request by the licensee, whose license has been suspended under subsection A of this section, for a hearing to determine whether such license shall be revoked, the city manager shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the city manager for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.
E. 
Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the city manager.
(Ord. 960 § 1, 1976)
A. 
Whenever it appears to the city manager that the licensee 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 5.08.090, the license may be revoked; provided, however, the licensee may appear before the city manager at the time fixed by the city manager, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the licensee 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 revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the city manager.
(Ord. 960 § 1, 1976)
A. 
Any holder of a license whose license is revoked under this chapter shall have the right, within ten days after receiving notice in writing of the revocation, to file a written appeal to the city council. Such appeal shall set forth the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within thirty days after its receipt by the city, or at a time thereafter agreed upon and shall cause the appellant to be given at least ten days' written notice of such hearing. At the hearing, the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his appeal. The determination of the city council on the appeal shall be final. Also, the city council may itself initiate an appeal of permit revocation and establish a hearing on the action pursuant to the timing and manner prescribed herein.
B. 
Any 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 Section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of the exemption.
(Ord. 960 § 1, 1976)
The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game held.
(Ord. 960 § 1, 1976)
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 organization shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase 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 records at any reasonable time and organization shall fully cooperate with city by making such records available.
(Ord. 960 § 1, 1976)
A bingo game shall be operated and staffed only by members of organization to which a permit is issued. Such members shall not receive a profit, wage or salary from any bingo game. Only the organization to whom a permit is issued shall operate such games or participate in the promotion, supervision or any other phase of such game.
(Ord. 960 § 1, 1976)
No alcoholic beverages may be served, sold or consumed within the same room as the bingo game during the conduct of any bingo game, nor within two hours prior to any bingo game, nor during intervals or intermissions between bingo games. No person who is obviously intoxicated shall be allowed to participate in any way in any bingo game.
(Ord. 960 § 1, 1976; Ord. 991 § 5, 1977)
No organization issued a permit shall conduct any bingo game more than four consecutive hours out of any twenty-four-hour period. No bingo games authorized by this chapter shall be conducted before twelve noon nor after twelve midnight of any day.
(Ord. 960 § 1, 1976)
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 is being conducted.
(Ord. 960 § 1, 1976)
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 in accordance with applicable laws and regulations. Operators of bingo games shall not reserve seats or space for any person.
(Ord. 960 § 1, 1976)
It is a misdemeanor under Section 326.5(b) of the Penal Code of the state 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 ten thousand dollars which fine shall be deposited in the general fund of the city.
(Ord. 960 § 1, 1976)
A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The permit issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the permit shall have no further force or effect. A new permit may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it to an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by the organization be used exclusively by such organization.
(Ord. 960 § 1, 1976; Ord. 991 § 6, 1977)