Chapter 40.23
BINGO
Sections:
40.23.050 Terms of license and fees.
40.23.060 Application investigation.
40.23.070 License not transferable.
40.23.100 Application denial, license suspension and/or revocation.
40.23.120 Violations and penalties.
40.23.010 Bingo authorized.
Notwithstanding any other provisions of this chapter, the ordinance codified in 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 in the following sections of this chapter.
40.23.020 Definitions.
Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section.
A. “Authorized organization” is an organization exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701.1 of the Revenue and Taxation Code; a mobilehome park association or a senior citizens organization; and provided, that the proceeds of such games are used by such organizations only for charitable purposes.
B. “Bingo” is a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.
C. “Minor” is any person under the age of 18 years. (Ord. 1384; Ord. 1355)
40.23.030 License required.
It shall be unlawful for any person to conduct any bingo game in the City unless such person is a member of an authorized organization, acting on behalf of such an authorized organization and has been issued a license as provided by this chapter. (Ord. 1384)
40.23.040 Application.
Application for license shall be made to the Administrative Services Department on forms prescribed by the Director of Police Services and shall be filed not less than 10 days prior to the proposed date of the bingo game or games. Such application form 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 an authorized organization as defined by this chapter. (Ord. 1384)
40.23.050 Terms of license and fees.
A. The term of a bingo license is six months and may be renewed for a period of six months any time within one year from its date of issuance upon application therefor.
B. The fee for a bingo license shall be $50.00 and the fee for renewal shall be $10.00. The appropriate fee shall accompany the submission of each application. If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization. (Ord. 1384)
40.23.060 Application investigation.
A. Upon receipt of an application for a license, the Director of Police Services may send copies of such application to any office or department which he deems essential in order to carry out a proper investigation of the applicant.
B. The Director of Police Services 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 Administrative Services Department shall issue the license.
40.23.070 License not transferable.
Each license issued hereunder shall be issued to a specific person on behalf of a specific authorized 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. 1384)
40.23.080 Limitations.
An authorized organization 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 the 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 be used or leased exclusively by such organization.
A. No minors shall be allowed to participate in any bingo game.
B. All bingo games shall be open to the public, not just to the members of the authorized organization.
C. A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall be approved by the Director of Police Services 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 or participate in the promotion, supervision, or any other phase of such game.
D. 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.
E. Within 30 days after the bingo game is held, the applicant will file with the Director of Police Services a full and complete financial statement of all moneys collected, disbursed and remaining for charitable purposes. With respect to organization 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 chapter, 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 20 percent of the proceeds before the deduction for prizes, or $1,000 per month, whichever is less, may be used for rental of property, overhead, and administrative expenses. (Ord. 1652; Ord. 1384)
40.23.090 Inspection.
Any Peace Officer of the City shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and list of approved staff available for inspection at all times during any bingo game.
40.23.100 Application denial, license suspension and/or revocation.
The Director of Police Services may deny an application for a bingo license, or suspend or revoke a license if he finds the applicant or licensee or any agent or representative thereof has:
A. Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this chapter; or
B. Violated any of the provisions of this chapter.
If after investigation the Director of Police Services determines that a bingo license should be suspended or revoked or an application for such license denied, he shall prepare a notice of 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 be personally delivered. Any person who has had an application for a bingo license denied by the Director of Police Services may appeal the Director’s decision in the manner provided in this chapter.
40.23.110 Appeal procedure.
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 Director of Police Services, an aggrieved party may appeal such action by filing with the City Clerk 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 Clerk shall assign the appeal to a hearing officer selected by the City Clerk on a rotating basis from a list of qualified hearing officers approved by the City Council. The hearing officer so assigned shall schedule a hearing before him within 10 days after the date of assignment of the appeal by the City Clerk. At least one week prior to the date of the hearing on the appeal, the City Clerk shall notify the appellant and Director of Police Services of the date and place of the hearing. The hearing officer is authorized to issue subpoenas, to administer oaths and to conduct the hearing on the appeal. At such hearing the Director of Police Services and the appellant may present evidence relevant to the denial, suspension, revocation or other decision of the Director of Police Services. The hearing officer shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to such hearing.
C. At the conclusion of the hearing, the hearing officer may uphold the denial, suspension, revocation or other decision of the Director of Police Services, or the hearing officer may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other decision of the Director of Police Services which is the subject of the appeal. The hearing officer shall within five days file with the City Clerk written findings of fact and conclusions of law and his decision. The decision of the hearing officer is final.
40.23.120 Violations and penalties.
A. It is a misdemeanor for any person to receive or to pay a profit, wage, or salary from any bingo game authorized by this chapter. A violation of this subsection A shall be punishable by a fine not to exceed $10,000 which shall be deposited in the general fund of the City.
B. Any person violating any provision or failing to comply with any of the requirements of this chapter shall be guilty of an infraction.
C. The City may enforce any of the provisions of this chapter by injunction. (Ord. 1400; Ord. 1384)
40.23.130 Severability.
If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter are hereby declared to be severable.