No person shall operate a bingo game in the City of San Leandro except in conformance with state law, this chapter, and any other applicable City laws.
Organizations which are exempted from the payment of bank and corporation taxes by Sections 23701a, 23701b, 23701d, 23071e, 23701f, 23701g, and 23701(1) of the Revenue and Taxation Code, mobile home park associations and senior citizens organizations are eligible to apply for a license to conduct bingo games in the City of San Leandro under the provisions of Section 326.5 of the Penal Code, and the provisions of this chapter, provided, that the proceeds of such bingo games are used only for charitable purposes.
For purposes of this chapter, the license issuing authority shall be the City Manager or designee. An eligible organization desiring to obtain a license to conduct bingo games shall file an application in writing therefor with the City Manager in a form to be provided by the City Manager. The license issued shall be for a term of one year from the date of issuance and may be renewed thereafter on an annual basis by payment in advance of the annual license fee.
No license shall be issued to any organization unless the applicant is an eligible organization under the terms of Section 4-25-100 and such organization's application conforms to the requirements, terms and conditions of this chapter.
An 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 the provisions of Section 4-25-100.
(b) 
The names and addresses of at least two officers, including the presiding officer of the organization and the name and signature of the member of the organization who will be primarily responsible for conducting bingo games.
(c) 
A description of the location of the property owned or leased by the applicant on or in which bingo games will be conducted, together with the rated occupancy capacity of such property.
(d) 
The proposed days of the week and hours of the day for the conduct of bingo games.
(e) 
A statement that the applicant agrees to conduct bingo games in accordance with the provisions of Section 326.5 of the Penal Code, this chapter, and the same as they may be amended from time to time.
(f) 
The application shall be executed by the presiding officer of the organization under penalty of perjury.
The license fee shall be as fixed by the City Council by resolution and shall accompany the application of an eligible organization. The provisions of this chapter and the imposition of license fees are for regulatory purposes exclusively and not for the production of revenue.
Eligible organizations exempted from the payment of bank and corporation taxes by the provisions of Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701(1) of the Revenue and Taxation Code shall submit with the application a certificate of determination of exemption under the provisions of Section 23701d of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board of the State of California showing such exemption. Mobile home park associations and senior citizens organizations shall submit a copy of their corporate bylaws along with their application.
Upon receipt of the complete application and fee the City Manager may refer the application to the Police Department of the City of San Leandro for investigation and shall otherwise make, or cause to be made, such investigation as will enable the City Manager to determine whether the application qualifies for a license under the provisions of this chapter. For the sole and, exclusive purpose of making any determination pursuant to Section 4-25-245(c), the City Manager or designee is hereby authorized to have access to local summary criminal history information in accordance with Section 13300(b)(10) of the Penal Code. The City Manager may require such additional information from the applicant as he or she deems relevant to the inquiry.
If the City Manager determines that the applicant organization is eligible under the terms of state law and this chapter, a license may be issued to the applicant. The license shall contain the following:
(a) 
The name and nature of the organization to which the license is issued.
(b) 
The address where bingo games are authorized to be conducted.
(c) 
The occupancy capacity of the room in which bingo games are conducted.
(d) 
The date of expiration of the license.
(e) 
Such other reasonable conditions as may be necessary or desirable for the enforcement of the provisions of this chapter and Section 326.5 of the California Penal Code.
The City Manager will not issue a license to the applicant organization if he or she finds:
(a) 
That the organization is not eligible under the provisions of Section 326.5 of the California Penal Code or this chapter,
(b) 
That any statement made in the application is false,
(c) 
That any person whose name is required to be contained in the license application has been convicted of any felony, or misdemeanor involving moral turpitude (including, but not limited to, conviction for violations of the provisions of Chapters 9 and 10 of Title 9, Part 1 of the California Penal Code), or has been convicted of any misdemeanor involving a violation of the terms of this chapter or Section 326.5 of the California Penal Code.
(d) 
That the bingo games will be a fraud on the public or that the bingo games will be conducted for private profit.
(e) 
That the proposed method or methods of conducting bingo games will be contrary to the provisions of this chapter.
(f) 
That the conduct of bingo games on the premises will not be compatible with existing zoning and land uses in the neighborhood.
(g) 
That the licensed premises do not meet the applicable requirements of Title 19, California Administrative Code (relating to State Fire Marshal Panic and Life Safety Regulations).
(a) 
Any license issued under the terms of this chapter may be suspended or revoked by the City Manager if he or she determines that the activity authorized by the license has been conducted or is being conducted in violation or this chapter or state law. The City Manager may also suspend or revoke the license upon any grounds which would justify a denial of an application for a license in the first instance.
(b) 
No license shall be revoked or suspended until a hearing has been held by the City Manager or designated representative. Written notice of the time and place of such hearing shall be served upon the subject organization at least five days prior to the date set for such hearing. The notice required pursuant to this section shall contain a brief statement of the grounds for such revocation or suspension. Notice shall be served by personal delivery or by depositing the notice in the United States mail, postage prepaid, addressed to the organization at the address listed on its application form.
(c) 
Notwithstanding the provisions of paragraph (a) and (b) of this section to the contrary, the City Manager or designee may without prior notice summarily suspend any bingo license for a period not to exceed five days if the City Manager or designee finds and determines that the continued operation of a bingo game licensed under the provisions of this chapter constitutes a clear, present and immediate danger to the welfare and good order of the City of San Leandro and that compliance with paragraphs (a) and (b) of this section could jeopardize the public health, safety, and welfare.
(a) 
A party aggrieved by the decision of the City Manager in denying, suspending or revoking any license or application therefor may, within 10 days after notice of the decision of the City Manager is served upon the licensee, or applicant, appeal to the City Council by filing a written notice of appeal with the City Clerk on forms provided by the City Clerk. During the pendency of an appeal of a suspension or revocation, the license shall not remain in effect.
(b) 
If such an appeal is not taken within 10 days from the date the decision of the City Manager was served upon the applicant or licensee, such decision of the City Manager shall be final and binding. If a timely appeal is filed, the City Council shall hold a hearing on the appeal and render its decision within 30 days of the date of appeal. Such decision of the Council may deny, suspend or revoke the permit on any of the grounds specified in this chapter for suspension, revocation or initial denial of the application for a license.
When the City Manager has denied or revoked any license as provided in this chapter and the time for appeal to the City Council has lapsed, or, if after an appeal to the City Council the decision of the City Manager has been affirmed by the Council, no application for a bingo license at the same location shall be accepted from the applicant or the former license holder for a period of one year after the date of the action by the City Manager.