Chapter 5A
BINGO

Sections:

5A.1    Authority.

5A.2    Organizations permitted to conduct bingo games.

5A.3    Applications.

5A.4    Issuance and term of permits.

5A.5    Applicant must be qualified.

5A.6    Contents of application.

5A.7    Fee.

5A.8    Investigation.

5A.9    Summary suspension of license pending opportunity for hearing; misdemeanor to continue after suspension; revocation.

5A.10    Revocation of license; alternative procedure.

5A.11    Appeal of revocation to city council.

5A.12    Attendance limited to occupancy capacity.

5A.13    Intoxicated persons not to participate.

5A.14    Hours of operation.

5A.1 Authority.

Pursuant to the authority provided in section 19(c) of Article IV of the California State Constitution, and Section 326.5 of the Penal Code, the council of the city of Gilroy establishes the following requirements for the conduct of bingo games by nonprofit organizations in the city. (Ord. No. 77-35, § 1, 11-7-77)

5A.2 Organizations permitted to conduct bingo games.

No person, organization or other legal entity shall be permitted to conduct bingo games in the city unless such persons, organizations or other legal entities possess a valid certificate or letter from the franchise tax board evidencing that they are exempted from the payment of the bank and corporation tax by Sections 23701-a, 23701-b, 23701-d, 23701-e, 23701-f, 23701-g or 23701-l of the Revenue and Taxation Code, or is a mobile home park association or senior citizens organization; provided, that the proceeds of such games are used only for charitable purposes, and provided that the organization possesses a valid permit and license issued pursuant to the provisions of this chapter. (Ord. No. 77-35, § 1, 11-7-77)

5A.3 Applications.

Applications for a permit to conduct bingo games shall be made on a form provided by, and shall be filed with, the license department. (Ord. No. 77-35, § 1, 11-7-77; Ord. No. 86-19, § 42, 10-6-86)

5A.4 Issuance and term of permits.

The issuing authority is the license department. Permits expire one year from the date of issuance. (Ord. No. 77-35, § 1, 11-7-77; Ord. No. 86-19, § 43, 10-6-86)

5A.5 Applicant must be qualified.

No permit shall be issued unless the applicant is eligible under the provisions of section 5A.2 and its application conforms to the requirements, terms and conditions of this chapter. (Ord. No. 77-35, § 1, 11-7-77)

5A.6 Contents of application.

The application for a bingo permit shall show:

(1) The name of the applicant, a statement of the purpose for which the applicant is organized, and that applicant is an eligible organization under specified parts of Revenue and Taxation Code.

(2) The name and address of all officers of the applicant, and the signature of an officer duly authorized to make the application.

(3) The particular property, including the street number, owned or leased by the applicant and used by the applicant for an office or for performance of the purposes for which the applicant is organized, where bingo games are proposed to be conducted, and the occupancy capacity of the building or portion of a building proposed to be used for bingo games.

(4) An agreement by the applicant to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter, as they now exist or may be amended from time to time, and that the permit to conduct bingo games may be revoked by the police chief upon violation of any of such provisions, or any violation of any statute or ordinance when the violation is related to the conduct of bingo games, concerning public safety or welfare, the use of land or buildings, or moral turpitude.

(5) Where applicable, the applicant shall submit with its application a certificate or determination of exemption under the Revenue and Taxation Code, or a letter of good standing from the exemption division of the franchise tax board in Sacramento, showing such exemption.

(6) The names and addresses of all persons who will conduct bingo games or who will have custody of the records of the conduct of and money received from bingo games.

(7) The application shall be signed by the applicant under penalty of perjury. (Ord. No. 77-35, § 1, 11-7-77)

5A.7 Fee.

An annual application fee fixed by the city council, by resolution, shall accompany the application. (Ord. No. 77-35, § 1, 11-7-77)

5A.8 Investigation.

When a completed application is filed and payment of the fee is made, the chief of police shall refer the application to other city departments, including but not limited to the fire department and building department, for investigation as to whether the statements in the application are true and whether the property the applicant proposes as a location for bingo games qualifies as property on which bingo games may lawfully be conducted. The chief of police may make such additional investigation as he determines is appropriate. Only when he is satisfied that the applicant is qualified under the law to conduct bingo games in the city shall the chief of police issue a permit to the applicant, which shall show:

(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) The date of the expiration of the permit;

(5) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. (Ord. No. 77-35, § 1, 11-7-77)

5A.9 Summary suspension of license pending opportunity for hearing; misdemeanor to continue after suspension; revocation.

(a) Whenever it appears to the chief of police, or his designee, that a permittee is conducting a bingo game in violation of any of the provisions of this chapter, the chief of police or his designee has authority to suspend summarily the permit and to order the permittee to cease and desist immediately conducting bingo games.

(b) Any person who continues to conduct a bingo game after notification of a summary suspension of a permit under the provisions of subsection (a) of this section is guilty of a misdemeanor.

(c) The order issued under subsection (a) of this section shall also inform the permittee that it has five (5) days from the date of knowledge of the order to request, in writing, a hearing to determine whether the permit will be revoked. Failure to deliver a written request for such hearing before the chief of police within the five (5) day period results in revocation of the permit.

(d) Within ten (10) days of receipt of a proper request for a hearing by a permittee whose license has been suspended, the chief of police shall conduct a hearing of the issue of whether the permit should be revoked. The suspended permittee may appear before the chief of police for the purpose of presenting evidence why the license should not be revoked. No permit shall be revoked under this section unless notice of the time and place of the hearing is given at least five (5) days before the hearing by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis for the suspension and revocation. At the hearing, proof of facts in support of suspension and revocation action shall be made before the permittee is required to respond.

(e) Any permittee whose permit is revoked shall not conduct any bingo game unless and until the city council, on appeal, determines to overrule the decision of the chief of police. (Ord. No. 77-35, § 1, 11-7-77)

5A.10 Revocation of license; alternative procedure.

(a) Whenever it appears to the chief of police that a permittee is conducting bingo games in violation of any of the provisions of this chapter, or that the permit was obtained by any false representation, the permit may be revoked. No summary suspension is necessary, but notification that revocation is under consideration, and of the right to a hearing, and when requested an opportunity to appeal, are required in the same manner as where there is an order of suspension.

(b) Any organization whose license is revoked under this section shall not conduct any bingo game in the city unless and until such time as the city council, on appeal, determines to overrule the decision of the chief of police. (Ord. No. 77-35, § 1, 11-7-77)

5A.11 Appeal of revocation to city council.

(a) A permittee whose permit is revoked has the right, within ten (10) days after receiving notice in writing of the revocation, to file a written notice of appeal to the city council. The notice shall set forth the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within thirty days after proper filing of the notice, or at a time thereafter agreed upon by the city and the appellant, and shall give the appellant at least ten days written notice of the hearing. At the hearing the appellant or his authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his appeal. The determination of the city council shall be final.

(b) A permittee whose permit is finally revoked may not again apply for a license to conduct bingo games in the city for a period of one (1) year from the date of revocation. (Ord. No. 77-35, § 1, 11-7-77)

5A.12 Attendance limited to occupancy capacity.

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 building official in accordance with applicable laws and regulations. Permittee shall not reserve seats or space for any person. (Ord. No. 77-35, § 1, 11-7-77)

5A.13 Intoxicated persons not to participate.

No person who is obviously intoxicated shall be allowed to participate in a bingo game. (Ord. No. 77-35, § 1, 11-7-77)

    Cross referenceConsumption of intoxicating liquor in public places, § 16.28.

5A.14 Hours of operation.

No bingo game shall be conducted between the hours of 2:00 a.m. and 8:00 a.m. (Ord. No. 77-35, § 1, 11-7-77)