The purpose of this chapter is to provide for the issuance of
permits authorizing the playing of certain bingo games which would
otherwise be unlawful under state law. This chapter is enacted pursuant
to the authority of Section 19 of Article IV of the State Constitution
and Section 326.5 of the Penal Code. The provisions herein shall be
construed strictly in accordance with said authority, and in the event
of any apparent conflict or inconsistency, the provisions in this
chapter shall be given only such interpretation as will render them
compatible with Penal Code Section 326.5 and other applicable provisions
of state law.
(Ord. 160 § 1, 1978)
For the purposes of this chapter, certain words and phrases
used herein are defined as follows:
is 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.
means an organization within the purview of Penal Code Section
326.5, which is either exempted from the payment of the bank and corporation
tax by Sections 23701d or 23701e of the Revenue and Taxation Code
or a mobile home park association.
(Ord. 160 § 1, 1978; Ord. 187 § 1, 1980; Ord. 978 § 1, 2009)
Pursuant to and in accordance with the provisions of this chapter,
the city manager may issue permits to charitable organizations to
conduct bingo games.
(Ord. 160 § 1, 1978; Ord. 187 § 2, 1980; Ord. 978 § 2, 2009)
The provisions of this code prohibiting gambling games not otherwise
prohibited under state law shall not be deemed applicable to any bingo
games conducted under valid permits issued under this chapter.
(Ord. 160 § 1, 1978)
Each applicant for a permit under this chapter, or for permit
renewal, and each person filing any appeal pursuant to provisions
of this chapter, shall pay at the time of filing the application or
appeal a processing fee of twenty-five dollars. The permit fee is
not refundable in the event the applicant is determined not to qualify
for a license, and an appeal fee is not refundable unless expressly
otherwise ordered by the city council.
(Ord. 160 § 1, 1978)
A.
Applications
for bingo permits shall be written, signed and verified under penalty
of perjury, and shall be filed with the city manager in such form
as the city manager shall prescribe. Each application for permit or
renewal shall contain at least the following information and showings:
1.
The
name and address of the applicant;
2.
The
dates, hours, and location where the bingo games will be operated;
3.
The
name or names of the person or persons who will have the management
or supervision of said games;
4.
Whether
food and beverages will be available;
5.
Such
other reasonable information as the city manager may require as to
the identity or character of the applicant, manager, and members of
applicant who will operate said games;
6.
Proof
that the applicant organization owns or leases, or has the permission
of the owner to use the property on which the bingo games are to be
held;
7.
In
connection with any application for the renewal of a permit, the city
manager may require the submission of a full and accurate accounting
record, certified under penalty of perjury by the permittee's accountant
or a member of permittee's management deemed by the city manager to
be authorized and appropriate to make such certification, setting
forth in detail the income and expenses received and disbursed in
connection with the permittee's operation, conduct, promotion, supervision
and any other phase of bingo game activities carried on under the
existing or preceding permit.
(Ord. 160 § 1, 1978; Ord. 187 § 3, 1980; Ord. 978 § 3, 2009)
Upon receipt of an application the city manager shall conduct
or cause to be conducted whatever investigation is deemed necessary
to assure the city manager that activities under the permit will probably
comply in all respects with the requirements set forth in Penal Code
Section 326.5 and with this chapter, and with whatever other conditions
the city manager deems necessary or desirable to protect the public
peace, health, safety and welfare and to assure compliance with all
laws, state and local.
(Ord. 160 § 1, 1978)
A.
Permits
as applied for shall be issued by the city manager, provided it appears
that all requirements of Penal Code Section 326.5 and of this chapter
and of the standards, rules and regulations (including special conditions
which will be attached to the permit) applicable pursuant to this
chapter and other ordinances and laws have been, and will appropriately
be, met fully by the applicant.
B.
A permit
shall be denied if the applicant falsifies any information in the
permit application or omits any information required therein. A permit
denial shall, however, be made only after opportunity has been granted
to the applicant for a due process hearing before the city manager,
after at least ten days' notice to said applicant, setting forth a
statement of the proposed grounds for denial of the permit, and stating
the time and place such hearing will be held.
C.
No permit
shall be issued for the conducting of any bingo game or games by the
city, or for such games to be conducted upon any premises owned, held
or controlled by the city.
(Ord. 160 § 1, 1978)
All permits issued pursuant to provisions of this chapter shall
be subject to the following additional special conditions:
A.
Bingo
games shall be conducted only between the hours of twelve noon and
eleven p.m., and for not more than four hours on any single day.
B.
Bingo
games shall not be conducted, by any organization authorized to do
so, for more than five days in any calendar month.
C.
Any
peace officer or official city inspector shall have free access to
any bingo game allowed under this chapter. The permittee shall have
the bingo permit and lists of approved staff available for inspection
at all times during periods in which bingo games are conducted.
D.
The
maximum charge per bingo game shall be two dollars.
E.
The
permittee shall own the gaming equipment necessary to conduct the
bingo games, and no such equipment shall be rented or leased. The
permittee shall, at all times during periods in which bingo games
are conducted, display proof of ownership of such equipment to any
city peace officer or official inspector upon request.
F.
Premises
for which any bingo permit is issued shall qualify for the public
assembly numbers of people anticipated, under applicable provisions
of zoning, fire, parking and occupancy ordinances and other laws and
regulations.
G.
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 inspection division of the city in accordance with applicable
laws and regulations.
H.
A permittee
shall not reserve seats or space for any persons, except as might
be necessary for the reasonable accommodation of handicapped or infirm
persons on a nondiscriminatory basis.
I.
The
permittee shall display the permit in a conspicuous place in the premises
where the bingo games are conducted.
J.
The
permittee may be required to submit periodic accounting reports relating
to its bingo operations at such times and frequencies as is specified
by the city manager.
(Ord. 160 § 1, 1978)
The issuance of any bingo permit pursuant to this chapter shall,
if appropriate, have additional special conditions attached thereto
which are deemed by the city manager to be necessary to implement
the purposes of this chapter and of Penal Code Section 326.5. The
permittee (applicant) shall have the right to a due process hearing
before the city manager, if such hearing is duly requested, in order
to protest, or to propose modification of any such additional special
condition existing or proposed.
(Ord. 160 § 1, 1978)
The term of a bingo permit shall be one year (unless a lesser
term has been applied for and a permit may be renewed for a like period
upon due application therefor. Each permit issued hereunder shall
be issued to a specified charitable organization to conduct bingo
games at a specific location and shall in no event be transferable
from one organization to another nor from one location to another.
(Ord. 160 § 1, 1978; Ord. 187 § 5, 1980; Ord. 978 § 5, 2009)
Any permit granted pursuant to the provisions of this chapter
may, after the permittee has been afforded the opportunity of a due
process hearing as hereafter stated, be revoked, suspended or modified
by the city manager for any of the following grounds or reasons:
A.
There
has been a violation of or a failure to comply with any condition
attached to the permit or any provision or regulation mentioned in
this chapter or any other rule or regulation or law specially applicable
to the permitted activities;
B.
There
was given any false or fictitious information in connection with the
application for and obtaining of the permit;
C.
Any
one of the permittee's personnel (management or otherwise) has committed
any fraudulent, false, deceptive or dangerous act in connection with,
or while conducting, any permitted bingo game;
D.
The
permittee or any of its personnel has conducted any bingo game in
a manner contrary to the peace, health, safety or general welfare
of the public;
E.
The
permittee or any of its personnel has, in connection with activities
allowed by the permit, failed to comply with any of the following
laws or regulations; zoning, building codes, off-street parking requirements,
controls related to public assemblies, health regulations, or local
and state fire regulations;
F.
Any
activities done under or occurring incidental to the permit have interfered
or tended to interfere with the normal flow of vehicular or pedestrian
traffic on any public right-of-way;
G.
Any
activities done under or occurring incidental to the permit have unduly
and unreasonably interfered with or adversely affected any private
property owner's or resident's rights to peaceful and unmolested enjoyment
of his private premises;
H.
Any
other reason exists for which the permit might have been lawfully
denied in the first instance, or that for any reason the continued
operations under the permit will be inimical to the public safety
or general welfare of the community.
(Ord. 160 § 1, 1978)
A.
A revocation, suspension or modification as referred to in Section 9.54.130 shall be made only after opportunity has been granted to the permittee for a due process hearing before the city manager, after ten days' notice to said permittee, setting forth the nature and grounds of complaint against it and stating the time and place such hearing will be held.
B.
Upon
failure of the permittee to respond to the opportunity for hearing
after receiving notice of such hearing, the permit may be suspended
or revoked, or may be modified in such particulars as are deemed necessary
in the public interest, and any such suspension, revocation or modification
shall be effective upon notice mailed to the permittee at the address
shown on the application for the permit.
C.
Any
such revocation or modification of any permit may be in addition to
any penalties otherwise provided for by law.
(Ord. 160 § 1, 1978)
Any person aggrieved by, dissatisfied with, or excepting to
any action, denial, order, requirement, condition, permit, decision
or determination made by the city manager in administering the provisions
of this chapter may appeal by filing written notice specifying the
grounds of appeal and the relief sought, with the city clerk within
ten days after notice of the action from which appealed. Upon any
failure to file such written appeal within the time herein allowed,
the action of the city manager shall be final and conclusive. A timely
appeal shall be reviewed by the city manager, and unless an adjustment
of the matter is made by the city manager satisfactory to the appellant,
the appeal shall be expeditiously scheduled for hearing before the
city council, which body at the conclusion of its considerations may
affirm, reverse or modify the action appealed from and may take any
action which might have been legally taken in the first instance by
the city manager.
(Ord. 160 § 1, 1978)
