No person shall maintain or operate a bingo game, as "bingo"
is defined in Section 326.5 of the California
Penal Code, unless a
permit for such game has been obtained pursuant to this chapter and
is in full force and effect, and such game is maintained or operated
in compliance with the provisions of Section 326.5 of the California
Penal Code and each term and condition of the permit issued therefor.
No person shall play in a bingo game unless a permit for such game
has been issued pursuant to this chapter and is in full force and
effect.
(Ord. 1424 § 1, 1976; Ord. 1588 § 1, 1983)
Applications for bingo game permits shall be submitted to the
support services manager by persons authorized to act on behalf of
the applicant. Such applications shall be verified and shall contain
the following information:
(1) The
name and address of the applicant organization;
(2) The
name and address of each person submitting the application on behalf
of the organization;
(3) Proof
that the applicant is exempted from the payment of the bank and corporation
tax by Section 23710a, 23701b, 23701d, 23701e, 23701f, 23701g or 237011
of the California
Revenue and Taxation Code, or is a mobile home park
association or senior citizens organization;
(4) The
address of the premises where the bingo games will be conducted, and
proof that such premises are owned or leased by the applicant organization
and are used for an office or for performance of the purposes for
which the organization is organized;
(5) If the applicant is a mobile home park association, proof that it is an organization of persons all of whom reside in Monterey Park and in the same trailer park, as defined in Section
19.04.040 of the Monterey Park Municipal Code;
(6) If
the applicant is a senior citizens organization, proof that its members
are fifty years of age or older and that a majority of them are residents
of the city.
(Ord. 1424 § 1, 1976; Ord. 1451 § 1, 1977; Ord. 1515 § 1, 1980)
Application fees shall be fifty dollars for a permit or renewal
of a permit. If an application is denied, half of the fee paid shall
be refunded to the applicant.
(Ord. 1424 § 1, 1976; Ord. 1451 § 1(c), 1977)
A permit shall be issued by the support services manager only
upon his or her determination that the facts stated in the application
are true.
(Ord. 1424 § 1, 1976; Ord. 1515 § 2, 1980)
Every permit shall contain the following conditions:
(1) The
proceeds and profits of such bingo games shall be used only for charitable
purposes and shall be kept in such special funds and be subject to
all such restrictions as are contained in Section 326.5(j) of the
California
Penal Code.
(2) No
minors shall be allowed to participate in any bingo game.
(3) All
bingo games shall be open to the public, not just to members of the
applicant organization.
(4) All
bingo games shall be conducted, staffed, and promoted only by members
of the applicant organization, and such members shall not receive
a profit, wage, or salary from any bingo game.
(5) No
person shall participate in a bingo game unless that person is physically
present at the time and place such game is being conducted.
(6) The
total value of prizes awarded shall not exceed two hundred fifty dollars
in cash or kind, or both, for each separate game that is held.
(Ord. 1424 § 1, 1976; Ord. 1451 § 1(d), 1977)
Each organization shall report to the director of management
services, in a form approved by the director, the dates and places
of bingo games conducted by it, the proceeds from such bingo games,
the disposition of such funds, and any other information required
by the director to carry out the purpose of this chapter. Such reports
shall be submitted no later than July 31st to cover the period beginning
January 1st and ending June 30th, and no later than January 31st to
cover the period beginning July 1st and ending December 31st.
(Ord. 1451 § 1(e), 1977; Ord. 1515 § 4, 1980)
Each permit shall expire at midnight December 31st of the year
in which it was issued.
(Ord. 1424 § 1, 1976)
A permit may be revoked on any of the following grounds:
(1) Violation
of any provision of Section 326.5 of the California
Penal Code, or
any other statute pertaining to gambling or bingo games;
(2) Violation
of any provision of this chapter or any term or condition of a permit
issued pursuant to this chapter, or falsification of any information
or statement in the permit application;
(3) Continuance
of the bingo games is contrary to the public health, safety, peace
or welfare, or substantially interferes with the use and enjoyment
of adjacent or neighboring property.
(Ord. 1424 § 1, 1976)
Upon the filing of a report by the support services manager
with the city council stating the grounds for revocation, the council
shall schedule a hearing thereon, and the city clerk shall give written
notice thereof to the permittee. The hearing shall be held on a date
not less than five days after the mailing of such notice. The notice
shall be sent to the permittee by registered mail, addressed to the
permittee at the address shown in the permit application, and a copy
of the report filed by the support services manager shall be enclosed.
The hearing shall be conducted informally and the council shall not
be bound by statutory rules of evidence or procedure.
(Ord. 1424 § 1, 1976; Ord. 1515 § 5, 1980)
If the council finds that any grounds stated in the support services manager's report exist for revocation of a permit, it shall revoke the permit. The council's decision shall be final. If the grounds for revocation are those stated in Section
9.40.070(3), and the council finds that the matters complained of can be eliminated by imposing additional conditions to the permit, it may do so instead of revoking the permit. The support services manager shall not issue a permit to an applicant whose permit has been revoked for violation of either subsection
(1) or
(2) of Section
9.40.070 unless at least one year has elapsed from the time of such revocation, and the city council has made a finding that the violation that led to revocation was inadvertent or that adequate measures have been taken by the applicant to assure that no future violations will occur. Such a finding may be made either at the time the permit is revoked or when an application is made for a new permit.
(Ord. 1424 § 1, 1976; Ord. 1515 § 6, 1980)