Organizations exempted from the payment of the bank and corporation
tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and
23701L of the Revenue and Taxation Code and by mobilehome park associations
and senior citizens organizations; and provided that the proceeds
of the games are used only for charitable purposes, with specified
exceptions, are eligible to apply for a license to conduct bingo within
the city under the provisions of Section 326.5 of the Penal Code,
and the provisions of the Glendora Municipal Code relating to bingo
games. No license shall be issued unless the application conforms
to the terms and conditions of this chapter.
(Ord. 1392 § 1, 1982)
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 which conform to numbers and symbols selected at random.
(Ord. 1392 § 1, 1982)
Eligible organizations desiring to obtain such license to conduct
bingo games in the city shall file an application in writing therefor
in the office of the finance director on a form to be provided by
the finance director. The issuing authority shall be the chief of
police. The license issued shall be for a term of not more than one
year. All licenses are subject to renewal and annual fees. The fee
for such license shall be as established pursuant to resolution of
the city council, and if an application is denied, one-half of the
fee shall be refunded to the organization.
(Ord. 1392 § 1, 1982; Ord. 1536 § 8, 1989)
Said application for a license shall contain the following:
(1)
The
name of the applicant organization and the name and signature and
addresses of all officers of the applicant organization.
(2)
The
particular property within the city, including the street number,
owned or leased by the applicant or property whose use is donated
to the organization and which property is 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.
(3)
Proposed
day of week and hours of day for conduct of bingo games.
(4)
A
description of any security measures which are to be provided.
(5)
The
applicant shall agree that other forms of gambling shall not be allowed
on the premises; such activities shall constitute cause for license
revocation.
(6)
The
annual license fee shall accompany the application.
(7)
The
applicant shall also submit with his or her application a certificate
or determination of exemption under Section 23701a, 23701b, 23701d,
23701e, 23701f, 23701g, or 23701L of the Revenue and Taxation Code,
or a letter of good standing from the exemption division of the Franchise
Tax Board in Sacramento, showing exemption under said Section 23701d.
This subsection shall not be applicable to those requesting a permit
as a mobilehome park association or senior citizen's organization.
(Ord. 1392 § 1, 1982)
The chief of police shall determine if all the statements on
the application are true and shall obtain the criminal record, if
any, of the principal officers of the organization, each person who
will be responsible for the operation of the bingo game and those
persons who will provide assistance. He or she shall recommend the
issuance of the license except:
(a)
In
the event that he or she finds any of the statements on the application
to be false, he or she may recommend against its issuance; and
(b)
In
the event that he or she finds any officer of the organization or
any person who will be responsible for the operation of the bingo
game or any person who will assist therein to have been convicted
within the last ten years of crimes involving lotteries, gambling,
larceny, perjury, bribery, extortion or fraud, he or she shall recommend
against its issuance.
(Ord. 1392 § 1, 1982)
The fire chief and development services director shall investigate
the premises and surroundings for the safety of the structure and
adequacy of parking facilities, and any other condition which might
endanger the public health and safety. Should they find that such
potential danger or nuisance exists, they may recommend against the
issuance of the license or require the attachment of such conditions
that will adequately safeguard the public health and safety. The chief
of police shall deny issuance of the license if either of the foregoing
department heads recommends against issuance.
(Ord. 1392 § 1, 1982)
Upon being satisfied that the applicant is fully qualified under
the law to conduct bingo games in the city, the chief of police shall
request that the finance director issue a license to said applicant,
which shall contain the following information:
(1)
The
name and nature of the organization to whom the license is issued.
(2)
The
address where bingo games are authorized to be conducted.
(3)
The
occupancy capacity of the room in which bingo games are to be conducted.
(4)
Such
other information as may be necessary or desirable for the enforcement
of the provisions of this chapter.
(5)
Such
license shall be posted in the place where the bingo game is in operation,
and shall be available for inspection by any city official.
(6)
The
date of the expiration of such license. No license shall be issued
for a period to exceed twelve months.
(7)
Such
license cannot be used by any other than the named licensee or at
any other location than at the address specified on the application.
(Ord. 1392 § 1, 1982)
Any changes as to the staff operating or assisting in the operation
of a bingo game, and any other changes in the information furnished
in the application subsequent to its filing, shall be reported promptly
to the chief of police for any further investigation deemed necessary
and appropriate.
(Ord. 1392 § 1, 1982)
(a)
In addition to those grounds specified in this chapter, or the laws of the state of California, applications may be denied, suspended or revoked whenever the licensee, applicant, or any person listed under Section 9.06.040 has been convicted of any public offense involving bingo, or enjoined from violation thereof, or has within the last ten years been convicted of any crime involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude.
(b)
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, whenever it appears that the
game is operated in violation of this chapter.
(c)
Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (b) shall be deemed guilty of a misdemeanor.
(Ord. 1392 § 1, 1982)
(a)
Any
applicant for a license whose application is denied under this chapter
and 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 denial or revocation to file a written appeal to the city council.
Such appeal shall set forth the specific ground 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 applicant to be given at least five 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 the appeal.
The determination of the city council on the appeal shall be final.
(b)
Any organization whose license is finally denied or 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 denial or revocation; provided, however, if the ground for the denial or revocation is cancellation of the exemption granted under Revenue and Taxation Code, as indicated in Section 9.06.010, such organization may again apply for a license upon proof of reinstatement of said exemption.
(Ord. 1392 § 1, 1982)
The total value of prizes awarded during the conduct of any
bingo game shall not exceed two hundred fifty dollars in cash or kind
or combination thereof for each separate game which is held.
(Ord. 1392 § 1, 1982)
The city, by and through its officers, shall have the right
to examine and audit such record at any reasonable time and licensee
shall fully cooperate with the city by making such record available.
All records relating to bingo games shall be retained for a period
of three years.
(Ord. 1392 § 1, 1982)
All profits derived from a bingo game shall be kept in a special
fund or account and shall not be commingled within any other fund
or account. The licensee shall compile 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. 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 twenty percent of the proceeds
before the deduction for prizes, or one thousand dollars per month,
whichever is less, may be used for rental of property, overhead, including
the purchase of bingo equipment, administrative expenses, security
equipment and security personnel.
(3)
Such
proceeds may be used to pay license fees.
(Ord. 1392 § 1, 1982)
No individual, corporation, partnership, or other legal entity
except the licensee shall hold a financial interest in the conduct
of such bingo game.
(Ord. 1392 § 1, 1982)
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 licensee shall operate
such game or participate in the promotion, supervision, or any other
phase of such game. A minimum of one officer listed on the application
shall be available on the premises any time a bingo game is in progress
and shall be responsible for the operation of the games as indicated
with this chapter. This subdivision does not preclude the employment
of security personnel who are not members of the authorized organization
at such bingo game by the organization conducting the game.
(Ord. 1392 § 1, 1982)
All bingo games shall be open to the public, not just to members
of the licensee organization. No admission fee, purchase, or donation
shall be required for entry onto the bingo premises.
(Ord. 1392 § 1 part),
1982)
No bingo game shall be conducted except in a room wherein the
persons drawing and calling out the letters and numbers are visible
to every person playing the game without the aid of mechanical devices.
(Ord. 1392 § 1 part),
1982)
A licensee shall conduct a bingo game only on property owned
or leased by it, or property whose use is donated to the organization,
and which property is used by such organization for an office or for
performance of the purposes for which the organization is organized.
Attendance shall be limited to the occupancy capacity of the room
in which the game is conducted. Nothing in this subsection shall be
construed to require that the property owned or leased by, or whose
use is donated to the organization, be used or leased exclusively
by, or donated exclusively to such organization. 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. In the event the described property ceases to be used
as an office and/or 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.
(Ord. 1392 § 1, 1982)
No person under the age of eighteen years of age shall be allowed
to participate in any bingo game.
(Ord. 1392 § 1, 1982)
No person who is obviously intoxicated shall be allowed to participate
in any bingo game.
(Ord. 1392 § 1, 1982)
No licensee shall conduct any bingo game more than six hours,
one day, per calendar week. No bingo game shall be conducted before
ten-thirty a.m. nor after twelve p.m. of any day.
(Ord. 1392 § 1, 1982)
It is a misdemeanor under Section 326.5(b) of the Penal Code of the state of California 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. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games as provided in Section 9.06.130.
(Ord. 1392 § 1, 1982)
The licensee shall post the prizes and rules next to the permit
during the bingo game. A record shall be kept by the licensee showing
the name and signature, address, and phone number of the winner of
each game, and prize.
(Ord. 1392 § 1, 1982)
