Any corporation, organization, group, community chest or trust which is exempted from the payment of bank and corporation tax by subsections (a), (b), (d), (e), (f), (g), or (1) of Section 23701 of the Revenue and Taxation Code, or any successor provisions thereto, any mobilehome park association, or any senior citizens' organization, which has been in existence as such for no less than three years at the same location within the city, shall be eligible to apply for a license to conduct bingo games in the city under the provisions of this chapter and Section 326.5 of the Penal Code.
(Prior code § 14-8; Ord. 1380 § 1, 1998)
Eligible organizations desiring to obtain a license to conduct bingo games in the city shall file an application in writing with the department of finance on a form provided by that department. The issuing authority shall be the chief of police. Each license issued shall be valid for a period of one year, subject to renewal and payment of an annual fee.
(Prior code § 14-9; Ord. 1380 § 2, 1998)
No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.16.010, and its application conforms to the requirements, terms and conditions and this chapter.
(Prior code § 14-10)
A. 
The application for a license shall contain the following:
1. 
The name of the applicant organization and a statement that the applicant is an eligible organization under Section 5.16.010;
2. 
The name and signature of at least two officers, including the presiding officer, of the corporation or community chest and the trustee of any trust;
3. 
The particular property within the city, including the street number, owned or leased by the applicant, and used by the applicant for an office or for performance of the purposes for which the applicant is organized (but such property need not be used or leased exclusively by the organization on which property bingo games will be conducted), together with the occupancy capacity of such place; provided, however, that only one license may be issued to a specific location;
4. 
Day of week and hours of such day during which bingo is proposed to be conducted;
5. 
A statement to the effect that the applicant agrees to conduct bingo games in strict compliance with the provisions of Penal Code Section 326.5 and this chapter, as the same may be amended from time to time, and that the applicant agrees that the license to conduct bingo games, if granted, may be revoked by the chief of police upon the violation of any of said provisions;
6. 
The application shall be signed by the applicant or applicants under penalty of perjury;
7. 
The annual license fee established by resolution of the city council;
8. 
A full, true and correct copy of any lease or rental agreement authorizing the proposed use of the location for bingo games;
9. 
A full, true and correct copy of the applicant organization's constitution or by-laws;
10. 
A list of all names, home addresses, and telephone numbers of each officer of the applicant organization; and
11. 
If the applicant is a charitable organization, then a statement describing the charitable activities conducted by the applicant organization within the city for the previous three years.
B. 
The applicant shall also submit with its application a certificate or determination of exemption, or a letter of good standing from the exemption division of the Franchise Tax Board in Sacramento showing exemption from the payment of the bank and corporation tax under Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) or 23701(l) of the Revenue and Taxation Code of the state, and a description of the charitable purposes for which all profits will be used.
(Prior code § 14-11; Ord. 1380 § 3, 1998)
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 the city manager, the police department 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 and other applicable restrictions.
(Prior code § 14-12)
Upon being satisfied that the applicant is qualified by law to conduct bingo games in the city, and that all material statements in the application are true and correct, the chief of police shall issue a license to the applicant, which shall contain the following information:
A. 
The name and nature of the organization to whom the license 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. 
The date of the expiration of such license;
E. 
Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.
(Prior code § 14-13; Ord. 1380 § 4, 1998)
A. 
Whenever it appears to the chief of police that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the chief of police 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 shall be deemed guilty of a misdemeanor.
C. 
The order issued under 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 said five-day period shall result in revocation of the license.
D. 
Upon such request by the licensee, whose license has been suspended, 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 said suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds 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.
(Prior code § 14-14; amended during 1990 codification; Ord. 1380 § 5, 1998)
A. 
Whenever it appears to the chief of police that a 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, the chief of police may provide written notice to the licensee of his or her intent to revoke the license and may thereafter revoke said license following a hearing, as provided in this section. In the event the chief of police determines that grounds for revocation exist, the licensee shall be served with written notice of the intent to revoke and the date and time of a hearing thereon to be conducted, by first class United States Mail, at the licensee's address set forth in the application. The hearing shall not be conducted less than five business days after such service. The notice shall also set forth a summary of the grounds upon which the intended revocation is based and shall advise the licensee of the right to appear at the hearing to show cause why revocation should not occur.
B. 
Any holder of a license which is revoked pursuant to subsection A of this section may appeal the decision of the chief of police to the city manager, by filing within five business days of the effective date of the revocation, a written request for hearing with the city manager who shall schedule a hearing to occur within thirty days and notify the licensee of the date and time thereof in writing. The city manager shall be authorized to affirm, or reverse, with or without conditions, a decision of the police chief concerning a bingo license revocation. Except as otherwise provided herein, no holder of a revoked license shall conduct any bingo game in the city unless and until such license is reinstated by a final appeal authority.
(Prior code § 14-15; amended during 1990 codification; Ord. 1380 § 6, 1998)
A. 
Any holder of a license whose license is revoked under this chapter shall have the right to appeal pursuant to Section 5.00.320.
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 any applicable section of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.
(Prior code § 14-16; amended during 1990 codification)
As 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 that conform to numbers or symbols selected at random. Notwithstanding Penal Code Section 330c, as used in this section, the game of bingo includes cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes.
(Prior code § 14-17; Ord. 1380 § 7, 1998)
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 which is held.
(Prior code § 14-18)
A. 
All profits derived from a bingo game shall be kept in a separate bank account and shall not be commingled with any other fund or account. The licensee 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 is authorized by this chapter. Such records shall include, but are not limited to, bank statements and cancelled checks.
B. 
The city, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time and the licensee shall fully cooperate with the city by making such records available. Bingo proceeds shall be used only for charitable purposes, except as follows:
1. 
Such proceeds may be used for prizes;
2. 
A portion of such proceeds, not to exceed twenty percent of the proceeds after deducting for prizes, or two thousand dollars per month, whichever is less, may be used for rental of property, overhead, and administrative expenses.
(Prior code § 14-19; Ord. 1380 § 8, 1998)
No individual, corporation, partnership or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game.
(Prior code § 14-20)
Each bingo game shall be operated, conducted and staffed only by members of the licensee organization and only at the licensed location. Each licensee organization shall keep and maintain a current roster containing the names of all of its members, which shall be conspicuously posted on the premises where such games are conducted, and shall be open to public inspection at all times during the hours such games are conducted. Such members shall not receive any profit, wage, salary, tips, gratuities or any other consideration in connection with the conducting of any bingo game, including any free or discounted play of any bingo game. Only the licensee shall operate and conduct a bingo game, or participate in the promotion, supervision or any other phase of such game.
(Prior code § 14-21; Ord. 1380 § 9, 1998)
All bingo games shall be open to the public, not just to the members of the licensee organization.
(Prior code § 14-22)
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 division of the city, in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person.
(Prior code § 14-23)
A. 
A licensee shall conduct bingo games only on property owned, leased or lawfully possessed by it, and actually utilized at least five days and/or forty hours per week, for office purposes or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the licensee to conduct bingo games only on such property and at the address specified in the license application and license.
B. 
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 license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for 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 licensee shall be used or leased exclusively by such licensee.
(Prior code § 1424; Ord. 1380 § 10, 1998)
No person under eighteen years of age shall be allowed to participate in any bingo game.
(Prior code § 14-25)
No person who is obviously intoxicated shall be allowed to participate in a bingo game.
(Prior code § 14-26)
No licensee shall conduct any bingo game more than six hours out of any twenty-four hour period. No bingo game shall be conducted before ten a.m. nor after twelve midnight of any day. No licensee shall conduct any bingo game on more than one day out of any calendar week. However, upon filing of a written request with the chief of police by a licensee that has been licensed for at least one year, at least thirty days in advance of the requested date(s), the chief of police shall be authorized to grant up to three additional days upon which bingo may be conducted in any calendar year.
(Prior code § 14-27; Ord. 1380 § 11, 1998)
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.
(Prior code § 14-28)
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.
(Prior code § 14-29)
The city may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code, or of this chapter.
(Prior code § 14-30)