As used in this chapter, "bingo" shall mean a game of chance
in which prizes are awarded on the basis of designated numbers or
symbols on a card which conforms to numbers or symbols selected at
random.
(Prior code § 5A-1)
Organizations which are exempted from the payment of the bank
and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f,
23701g, and 23701(1) of the Revenue and Taxation Code, mobile home
park associations, and senior citizen organizations, provided that
the proceeds of such games are used only for charitable purposes,
are eligible to apply to the City for a license to conduct bingo games
in the City under provisions of Section 326.5 of the Penal Code and
the provisions of this chapter.
(Prior code § 5A-2)
Eligible organizations desiring to obtain such license to conduct
bingo games in the City shall file an application in writing therefor
with the Finance Department. The issuing authority shall be the City
Manager. The license shall be valid through December 31 of the year
in which it is issued, or until such time as the permittee no longer
satisfies, meets or complies with the requirements, terms and conditions
of this chapter, whichever first occurs, subject to renewal and annual
license fee. If an application for a license is denied, 1/2 of any
fee accompanying said application shall be refunded.
(Prior code § 5A-3)
No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.68.020 and its application conforms to the requirement, terms and conditions of this chapter.
(Prior code § 5A-4)
Said application for a license shall contain the following:
A.
The name of the applicant organization and a statement that the applicant is an eligible organization under Section 5.68.020;
B.
The
name and signature of at least two officers of the applicant organization;
C.
The
name of the member of the organization who is designated by the organization
to operate the game;
D.
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, and number of available off-street
parking spaces;
E.
Proposed
day of week and hours of day for conduct of bingo games;
F.
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 Manager upon violation
of any of such provisions;
G.
Said
application shall be signed by the applicant under penalty of perjury;
H.
The
annual license fee fixed by the City Council by resolution shall accompany
the application; and
I.
The
applicant shall also submit, with its application, a Certificate of
Determination of Exemption or other proof of its exemption under the
Revenue and Taxation Code sections referred to in Section 5A-2, or
a letter of good standing from the Exemption Division of the Franchise
Tax Board in Sacramento showing exemption under said Section 23701d.
(Prior code § 5A-5)
Upon receipt of the completed application and the application
filing fee, the Finance Department shall refer the same to interested
departments of the City, including, but not limited to, the City Manager,
City Attorney, Planning Department, Fire Department and the Sheriff's
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,
assembly exits, off-street parking and other applicable restrictions.
(Prior code § 5A-6)
Upon being satisfied that the applicant is fully qualified under
law to conduct bingo games in the City, the City Manager shall issue
a license to said 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
name of the person authorized to operate the game;
D.
The
occupancy capacity of the room in which bingo games are to be conducted;
E.
The
day of the week and hours of the day that the bingo game(s) may be
operated;
F.
The
date of the expiration of such license; and
G.
Such
other information as may be necessary or desirable for the enforcement
of the provisions of this chapter.
(Prior code § 5A-7)
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.
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 said 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 10 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 chapter 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 ground advanced as the basis of the suspension or revocation.
E.
Any
organization whose license is revoked under this chapter 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 § 5A-8)
A.
Any
holder of a license whose license is revoked under this chapter shall
have the right, within 10 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
30 days after its receipt by the City, or at a time thereafter agreed
upon, and shall cause the appellant to be given at least 10 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/her appeal. The determination
of the City Council on the appeal shall be final.
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 the appropriate Revenue and Taxation Code section set forth in Section 5.68.020, such organization may again apply for a license upon proof of reinstatement of said exemption.
(Prior code § 5A-9)
The total value of prizes awarded during the conduct of any
bingo games shall not exceed $250 in cash or kind, or both, for each
separate game which is held. All monetary or cash prizes shall be
paid or disbursed in the form of a draft or check drawn on an appropriate
account on deposit at a duly licensed State or Federal chartered financial
institution.
(Prior code § 5A-10)
All profits or proceeds derived from a bingo game shall be kept
and used in the manner prescribed by Section 326.5 of the Penal Code.
The licensee 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 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
record at any reasonable time, and the licensee shall fully cooperate
with the City by making such record available.
(Prior code § 5A-11)
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 § 5A-12)
A bingo game shall be operated and staffed only by members of
the licensee organization. Such members shall not receive a profit,
wage or salary from any bingo game. Only the agent of the licensee,
as designated on the application, shall operate such game. Such agent
shall be present at all times during each game.
(Prior code § 5A-13)
All bingo games shall be open to the public, not just to the
members of the licensee organization.
(Prior code § 5A-14)
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. The licensee shall not reserve
seats or space for any person, or persons.
(Prior code § 5A-15)
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 license 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. The license shall be
prominently displayed on the property where the bingo games are conducted,
and shall be presented immediately upon demand by a Peace Officer
or an authorized agent of the City. 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.
(Prior code § 5A-16)
No person under the age of 18 years of age shall be allowed
to participate in any bingo game.
(Prior code § 5A-17)
No person who is obviously intoxicated shall be allowed to participate
in a bingo game.
(Prior code § 5A-18)
No licensee shall conduct any bingo game(s) more than six hours
out of any seven day period. No bingo game shall be conducted before
10:00 a.m. nor after 2:00 a.m. of any day.
(Prior code § 5A-19)
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 § 5A-20)
All staff members of a bingo game shall wear on the outside
of their clothing an identification insignia or badge not less than
two inches by three inches (2″ x 3″) in dimension, indicating the
name and title of the staff member.
(Prior code § 5A-21)
No licensee shall issue chips or money to a patron on credit
or loan (including, but not limited to, IOUs and checks to be held)
or allow any patron to play on credit.
(Prior code § 5A-22)
A location to be licensed for the conduct of bingo game(s) shall
have or provide one off-street parking space for every five seats
available for bingo games.
(Prior code § 5A-23)
It is a misdemeanor under Section 326.5(b) of the Penal Code
of the State of California for any person to receive or pay 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.
(Prior code § 5A-24)
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 § 5A-25)
Pursuant to Section 326.5 of the Penal Code of the State of
California an additional license fee may be established by resolution
of the City Council.
(Prior code § 5A-27)
