Whenever the following terms are used in this chapter, they shall have the meanings respectively ascribed to them as follows:
"Bingo"
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.
"Minor"
is any person under the age of 18 years.
"Nonprofit, charitable organization"
is an organization exempted from the payment of the Bank and Corporation Tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 237011 of the Revenue and Taxation Code and by mobilehome park associations and senior citizens organizations; and, provided, that the proceeds of such games are used only for charitable purposes.
(Ord. 209 § 1, 1977)
Notwithstanding any other provisions of this chapter, this chapter is adopted pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions of this chapter.
(Ord. 209 § 2, 1977)
It is unlawful for any person to conduct any bingo game in the City unless such person is a member of such nonprofit, charitable organization and has been issued a license as provided by this chapter.
(Ord. 209 § 3, 1977)
Application for license shall be made to the City Clerk on forms prescribed by the Chief of Police, and shall be filed not less than 10 days prior to the proposed date of the bingo game or games. Such application shall require from the applicant at least the following:
A. 
A list of all members who will operate the bingo game, including full names of each member, date of birth, place of birth, physical description and driver's license number;
B. 
The date(s) and place(s) of the proposed bingo game or games;
C. 
Proof that the organization is a nonprofit, charitable organization as defined by Section 5.48.010.
(Ord. 209 § 4, 1977)
A. 
Any permit granted under the terms of this chapter shall be for one year unless a shorter time is specified in the permit when issued. Upon expiration of any permit issued under the provisions of this chapter, written application for renewal of such permit shall be made at least 30 days prior to the expiration date.
B. 
The City Council shall establish fees, rates and schedules for bingo licenses as authorized by this chapter by appropriate implementing resolution establishing those rates and schedules. The referenced implementing resolution may be changed from time to time by appropriate action of the Council amending the rate structures as established by the implementing resolution.
(Ord. 209 § 5, 1977; Ord. 429 § 1, 1996)
A. 
Upon receipt of an application for a license, the Chief of Police may send copies of such application to any office or department which the Chief of Police deems essential in order to carry out a proper investigation of the applicant.
B. 
The Chief of Police and every officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant, and may examine the premises to be used for the bingo game.
C. 
Upon approval of any application for a bingo license, the City Clerk shall issue the license.
(Ord. 209 § 6, 1977)
Each license issued under this chapter shall be issued to a specific person on behalf of a specific nonprofit, charitable organization to conduct a bingo game at a specific location and shall in no event be transferable from one person to another nor from one location to another.
(Ord. 209 § 7, 1977)
A. 
No bingo game or games may be played in any other location other than that listed on the application.
B. 
No minors shall be allowed to participate in any bingo game.
C. 
All bingo games shall be open to the public, not just to members of the nonprofit, charitable organization.
D. 
A bingo game shall be operated and staffed only by members of the nonprofit, charitable organization which organized it. Such members shall be approved by the Chief of Police and shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game.
E. 
No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game.
F. 
All profits derived from a bingo game shall be kept in a special fund or account. Within 30 days after the bingo game is held, the applicant will file with the City Clerk a full and complete financial statement of all moneys collected, disbursed, and the amount remaining for charitable purposes.
G. 
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.
H. 
The total value of prizes awarded during the conduct of any bingo games shall not exceed $250.00 in cash or kind, or both, for each separate game which is held.
I. 
No bingo game shall be conducted between the hours of 12:00 midnight and 8:00 a.m.
J. 
An organization authorized to conduct bingo games pursuant to subsection D of this section 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. Nothing in this subsection shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.
K. 
With respect to organizations exempt from payment of the Bank and Corporation Tax by Section 23701d of the Revenue and Taxation Code, 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; such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds 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; such 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 10% of the proceeds after the deduction for prizes, or $500.00 per month, whichever is less, may be used for rental of property, overhead, and administrative expenses.
(Ord. 209 § 8, 1977)
Any peace officer of the County shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game.
(Ord. 209 § 9, 1977)
A. 
The Chief of Police may deny an application for a bingo license, or suspend or revoke a license if he or she finds the applicant or licensee or any agent or representative thereof has violated any provisions of this chapter.
B. 
If after investigation the Chief of Police determines that a bingo license should be suspended or revoked or an application for such license denied, he or she shall prepare a notice of suspension, revocation or denial of application setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant's last address provided in the application or shall be personally delivered. Any person who has had an application for a bingo license denied by the Chief of Police may appeal the Chief's decision in the manner provided in this chapter.
(Ord. 209 § 10, 1977)
Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section:
A. 
Within 15 calendar days after the date of any denial, suspension, revocation or other decision of the Chief of Police, an aggrieved party may appeal such action by filing with the City Council a written appeal briefly setting forth the reasons why such denial, suspension, revocation or other decision is not proper.
B. 
Upon receipt of such written appeal, the City Council shall schedule a hearing, before at least a majority of the Council, within 10 days.
C. 
At least one week prior to the date of the hearing on the appeal, the City Clerk of the City shall notify the appellant and Chief of Police of the date and place of the hearing.
D. 
The City Council is authorized to issue subpoenas, to administer oaths and to conduct the hearing on appeal.
E. 
At such hearing, the Chief of Police and the appellant may present evidence relevant to the denial, suspension, revocation or other decision of the Chief of Police.
F. 
The City Council shall receive evidence and shall rule on the admissibility of evidence and on questions of law.
G. 
The formal rules of evidence applicable in a court of law shall not apply to such hearing.
H. 
At the conclusion of the hearing, the City Council may uphold the denial, suspension, revocation or other decision of the Chief of Police, or may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other decision of the Chief of Police which is the subject of appeal.
I. 
The City Council shall, within five calendar days, file with the City Clerk written findings of fact and conclusions of law and their decision.
(Ord. 209 § 11, 1977)