Nonprofit organizations which are:
A. 
Nonprofit corporations, community chests, trusts, or other organizations including:
1. 
Labor, agricultural or horticultural organizations;
2. 
Fraternal beneficiary societies, orders, or organizations;
3. 
Business leagues, chambers of commerce, real estate boards and boards of trade, civic leagues and organizations operated exclusively for the promotion of social welfare and local employee organizations whose net earnings are dedicated exclusively to charitable, educational or recreational purposes;
4. 
Nonprofit pleasure and recreation clubs;
5. 
Domestic fraternal societies, orders or associations whose net earnings are devoted exclusively to religious, charitable, scientific, literary, educational and fraternal purposes;
6. 
Mobilehome park associations and senior citizens groups; and
B. 
Exempted from the payment of bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), and 23701(l) of the Revenue and Taxation Code, and a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954;
C. 
Hereafter permitted under Section 326.5 of the Penal code, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the Penal code, and the provisions of this chapter.
(Prior code § 6700.01)
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 city licensing department officer, who shall refer all such applications to the chief of police for an investigation and report before the license is issued. The issuing authority shall be the licensing department officer.
(Prior code § 6700.04)
No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.56.010, and its application conforms to the requirements, terms and conditions in this chapter.
(Prior code § 6700.06)
A. 
The application for a license shall contain the following:
1. 
The name of the applicant organization and a statement that applicant is an eligible organization under Section 5.56.010;
2. 
The name of the organization, its address (specifically showing fee or leasehold interest in the premises), the names and addresses of its officers and directors; and the names and addresses and title of each member of the organization who will operate and staff the bingo games;
3. 
The particular property within the city including the street number, owned or leased by the applicant, used by such applicant for an office or for the 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;
4. 
Proposed days of the week and hours of the day for conduct of bingo games;
5. 
That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the city manager upon violation of any of such provisions.
B. 
The application shall be signed by the applicant under penalty of perjury.
C. 
A regulatory license fee of $50.00 shall be imposed annually on each nonprofit charitable organization which the city authorizes to conduct bingo games.
D. 
The applicant shall also submit, with its application:
1. 
A certificate or determination of exemption under the applicable sections 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 sections.
2. 
A statement that each of the members of such organization who will operate and staff the bingo games have no criminal convictions, or alternatively setting forth each criminal conviction incurred by each such member, except for minor traffic violations.
E. 
The city manager may add additional requirements to the application form which, in his or her opinion, are necessary to adequately investigate the application.
(Prior code § 6700.08)
Upon receipt of the completed application and the fee, the city licensing department officer shall refer the same to interested departments of the city, including, but not limited to, the city manager, city attorney, city police department, and the fire department for investigation as to whether or not all the statements of the applicant qualify, and the extent to which it qualifies, as property on which bingo games may lawfully be conducted as to fire, occupancy and other applicable restrictions.
(Prior code § 6700.10)
The licensing clerk shall refuse to issue a license to play bingo to any nonprofit charitable organization which does not completely fill out the application form. He or she shall also refuse to issue such license if the application, on its face, shows a noncompliance with Section 326.5 of the Penal Code, or if any member of the nonprofit charitable organization who will operate and/or staff the bingo games has been convicted of any crime relating to gambling or any crime of moral turpitude. Such refusal may be appealed by the nonprofit charitable organization to the city manager within five days after notice of such refusal is mailed to the organization by the city licensing officer.
(Prior code § 6700.11)
Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the city, the city manager shall issue a license to the applicant, which shall contain the following information:
A. 
The name and nature of the organization to whom 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 to be conducted;
D. 
Each license to play bingo shall automatically expire one year after its issuance, unless the nonprofit charitable organization submits a new application to play bingo within 30 days prior to the expiration date of such license, which shall be subject to the same scrutiny by the city licensing officer and the city police as a new license application;
E. 
Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.
(Prior code § 6700.12)
A. 
Whenever the city manager receives sufficient evidence that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the city manager shall have the authority to summarily suspend the license and order in writing to the licensee that the licensee immediately cease and desist any further operation of any bingo game.
B. 
Any person who continues to conduct a bingo game after any summary suspension thereof under subsection A of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding $1,000.00, or by imprisonment in jail for a period not exceeding six months, or by both such fine and imprisonment.
C. 
The order issued under subsection A of this section shall also notify the licensee that it shall have five working days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the city manager within the five-day period shall result in a revocation of the license.
D. 
Upon such request by the licensee, whose license has been suspended under subsection A of this section for a hearing to determine whether such license shall be revoked, the city manager shall provide such hearing within 10 days after receipt of such request, at which hearing the suspended licensee may appear before the city manager for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.
E. 
Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the city manager.
(Prior code § 6700.14; Ord. 1812 § 1(B), 2006)
A. 
Whenever it appears to the city manager that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered, under Section 5.56.080, the license may be revoked; provided, however, that the licensee may appear before the city manager at the time fixed by the city manager, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis for the revocation.
B. 
Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the city manager.
(Prior code § 6700.16)
A. 
Any holder of a license whose license is revoked under this chapter shall have the right, within 10 days after receiving notice in writing of the revocation, to file a written appeal to the city council. Such appeal shall set forth the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within 30 days after its receipt by the city, or at a time thereafter agreed upon, and shall cause the appellant to be given at least 10 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 its appeal. The determination of the city council on the appeal shall be final.
B. 
Any organization whose license is finally 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 revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under said sections of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of the exemption.
(Prior code § 6700.18)
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 or symbols selected at random.
(Prior code § 6700.20)
The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or in kind, or both, for each separate game which is held.
(Prior code § 6700.22)
All profits derived from a bingo game shall be kept in a special account or fund and shall not be commingled with any other fund or account. The licensee shall keep full and accurate record of the income and expenditures received and disbursed in connection with its operation, conduct, promotion, supervision, and any other phase of bingo games which are authorized by this chapter. All profits derived from a bingo game shall be used only for the charitable purposes for which the organization is established, except such proceeds may be used for prizes and a portion of the proceeds, not to exceed 10 per cent 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 administration expenses. The city, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time, and licensees shall fully cooperate with the city by making such records available.
(Prior code § 6700.24)
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.
(Prior code § 6700.28)
Notwithstanding that bingo games are open to the public, 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 the building department of the city, in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person.
(Prior code § 6700.32)
A licensee shall conduct a bingo game only on the property owned or leased by it or on 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. Nothing in this section shall be construed to require that the property owned or leased by the organization or whose use is donated to the organization be used or leased exclusively by or donated exclusively to the 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 or as a place for performance of the purposes for which the licensee is organized, the license shall terminate; however, the 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. Only one license shall be issued for any location or property. No license may be transferred from one organization to another.
(Prior code § 6700.34)
No person who is obviously intoxicated shall be allowed to participate in a bingo game, and no alcoholic beverage shall be allowed to be consumed in the room in which the bingo game is being conducted.
(Prior code § 6700.38)
No licensee shall conduct any bingo game more than one day per calendar week, and not more than six hours out of any 24-hour period. No bingo game shall be conducted before 2:00 p.m. nor after 10:30 p.m., of any day.
(Prior code § 6700.40)
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.
(Prior code § 6700.42)
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 $10,000.00, which fine shall be deposited in the general fund of the city.
(Prior code § 6700.44)
The city manager may promulgate additional rules and regulations for the conduct of bingo games as set forth in this chapter.
(Prior code § 6700.48)