CHAPTER 6.22
BINGO1
6.22.010 Games and organizations permitted.
No person, organization, or other legal entity shall be permitted to conduct bingo games in the incorporated area of the city of Petaluma unless such person, organization or other legal entity possesses a valid certificate or letter from the Franchise Tax Board and the Internal Revenue Service stating that they are exempted from the payment of bank and corporate tax by Sections 23701(a), 23701(b), 23701(e), 23701(f), 23701(g), and 237011 of the Revenue and Taxation Code and by mobilehome park associations and by senior citizen organizations; and provided that such authorized organizations hold a valid license and pay a license fee pursuant to the provisions of this chapter; and provided that said authorized organizations have been in continual existence within the city for the period of ninety days prior to the date application is made for bingo license. Bingo games may be conducted within the city, provided that such games are conducted in all respects in compliance with California Penal Code Section 326.5, as the same may now or hereafter be amended, and said section is incorporated in this chapter by reference. (Ord. 1978 NCS §1 (part), 1995.)
6.22.020 Permit application.
Any person desiring to obtain a permit for the conduct of any bingo game within the city shall submit a written application to the police department of the city, together with the appropriate fee as established by resolution of the city council. The city council, by resolution, may adopt and revise from time to time a schedule of fees for the processing of permit applications for the conduct of bingo games. (Ord. 1978 NCS §1 (part), 1995.)
6.22.030 Permit application — Contents.
A. Each application for a permit to conduct bingo games shall contain the following information:
1. Name of the applicant;
2. Residential and mailing address of the applicant;
3. Statement that the applicant is eligible to conduct bingo games in accordance with the California Penal Code Section 326.5 as well as satisfactory proof of such eligibility including, but not limited to, proof that said applicant has been in continual existence within the city of Petaluma for a period of ninety days prior to the date application is made for a bingo license;
4. Names and home addresses of all principal officers of the organization, and of persons who will actually conduct the game;
5. Name and address of the custodian of the financial records of the bingo games required by California Penal Code Section 326.5, and the location of such records, if different;
6. A written resolution of the governing body of the organization which is to conduct the game, authorizing the conduct of the game and signed by the president and secretary of the organization, or the corresponding executives if their title is different.
B. Amendments to the notice must be forwarded to the chief of police upon change of any of the information required in this section.
(Ord. 1978 NCS §1 (part), 1995.)
6.22.040 Permit application investigation of applicant.
Upon receipt of the completed application and required fee, the police department shall refer the application to affected city departments for verification of the statements in the application and for obtaining any and all recommendations as to whether the permit should be granted. Upon receipt of such verification and any recommendations and completion of any further investigation deemed necessary, the chief of police shall, in accordance with the criteria set forth in Penal Code Section 326.5 and this chapter, either grant, grant with conditions, or deny the permit. If the permit is denied, the police chief shall state in writing to the applicant the reasons for the denial. (Ord. 1978 NCS §1 (part), 1995.)
6.22.050 Permit — Contents.
A. Each bingo permit issued under the provisions of this chapter shall contain the following information:
1. The name and address of the organization to whom the permit is issued and the grounds for the eligibility of such organization to conduct bingo games, as such eligibility is set forth in California Penal Code Section 326.5(a);
2. The name and address of each person who has been authorized to actually conduct the bingo games on behalf of the permit holder,
3. The location or locations at which the bingo games are authorized to be conducted;
4. The maximum authorized occupancy capacity of each place at which the bingo games are authorized to be conducted;
5. At the city’s option, the date of expiration of the permit;
6. Such other information, including, but not limited to, the conditions and limitations upon the conduct of bingo games, as may be determined by the chief of police.
B. The permit shall be posted in a conspicuous place at the location during the operation of the bingo games.
(Ord. 1978 NCS §1 (part), 1995.)
6.22.060 Permit — Change in status.
A. During the term of the permit, the permit holder must maintain its eligibility to hold such permit.
B. Immediately upon any change in the information set forth in the permit application or in the permit itself, the permit holder must report such change to the chief of police. If the chief of police determines that such change does not constitute a significant change in the manner or terms of conduct of such games and does not affect the eligibility of the permit holder, the chief of police may issue an amended permit without charge. Failure to report such change in information shall constitute cause for revocation of the permit.
C. If there is a significant change in the manner or terms of conduct of such games or the information set forth in the permit application, the chief of police may require a new written permit application and appropriate fee.
(Ord. 1978 NCS §1 (part), 1995.)
6.22.070 Permit — Conditions and limitations.
The chief of police may place upon any permit issued under authority of this chapter such conditions and limitations upon the activities conducted pursuant to such permit as the chief of police may determine are necessary to protect the health, safety and general welfare of any persons or property at or in the vicinity of said activity. (Ord. 1978 NCS §1 (part). 1995.)
6.22.080 Hours of operation.
No bingo game may be conducted for a duration greater than six hours during any twenty-four hour period. No bingo game may be conducted between two a.m. and ten a.m. of any day. (Ord. 1978 NCS §1 (part), 1995.)
6.22.090 Intoxicated persons not to participate.
No person who is obviously intoxicated may be allowed to participate in any bingo game. (Ord. 1978 NCS §1 (part), 1995.)
6.22.100 Records examination.
The city, by and through its employees, shall have the right at any time to examine and audit the permit holder’s records relating to its bingo game operations and the permit holder shall fully cooperate with the city and its bingo employees by making such records available upon the city’s request therefor. (Ord. 1978 NCS §1 (part), 1995.)
6.22.110 Revocation or suspension of permits.
The chief of police may revoke, suspend or condition a previously issued bingo permit for any of the following causes:
A. The permittee is ineligible to hold the permit;
B. The permit application contains one or more false, misleading or fraudulent statements;
C. Bingo games authorized by the permit have been conducted in violation of a condition or requirement of the permit, or this chapter, or Section 326.5 of the California Penal Code;
D. There has been one or more violations of federal, state or city law committed at the location of the bingo games in conjunction or associated with the operation of the bingo games or the bingo games and the accompanying activities have become detrimental to the health, safety or welfare of the residents of the city.
E. There has been a significant change (as determined by the chief of police) in the manner or terms of conduct of such games.
Should the chief of police take action under the provisions of this section, he shall provide the permittee with a written statement of the action taken, the effective date of the action, the facts relied upon such action, and a notice that the permittee may, within ten days of receipt of the statement, file with the city clerk a written appeal of the action to the city council. The written appeal shall state each ground and fact relied upon by the permittee to support its contention that the action of the chief of police should be reversed or modified. The appeal shall be scheduled for council review at the earliest practical time.
The foregoing authority of the chief of police is in addition to the authority of the city to cite and prosecute a permit holder for any violation of law or to bring an action to enjoin the operation of the bingo games or to enjoin any violation of this chapter or Penal Code Section 326.5.
(Ord. 1978 NCS §1 (part), 1995.)
6.22.120 Operating rules.
Each applicant shall formulate, publish and post in a conspicuous place at the location of the bingo games written rules by which the bingo games are conducted and which recite the prohibitions described below.
It is unlawful for a licensee to knowingly authorize, permit, and unlawful for any person to do any of the following:
A. Provide or award total prizes for each separate bingo game which exceed two hundred fifty dollars in cash or kind, or both;
B. Limit attendance or participation in such games to members of the licensed applicant or otherwise deny attendance or participation to any member of the general public who complies with the rules of the game and conducts himself in an orderly and law-abiding manner;
C. Participate in a bingo game, if the participant is under the age of eighteen.
D. Participate in a bingo game, if the participant is obviously under the influence of alcohol.
E. Participate in a bingo game, unless personally present at the location of the games at the time the games are being conducted.
For the purposes of this section, "participate" is defined as including the handling of bingo supplies or receipts during any bingo session.
(Ord. 1978 NCS §1 (part), 1995.)
6.22.130 Location of bingo games.
A licensee shall conduct bingo games only on property owned or leased by it, or property whose use is donated to the licensee, and which property is used by such licensee for the performance of the purposes of which the organization is organized. Nothing in this section shall be construed to require that the property be owned or leased exclusively by or donated exclusively to such organization. The requirements of the provisions of section (f) of Section 326.5 of the Penal Code and those of this section shall be deemed satisfied if the licensee conducts regular business meetings or other activities consistent with its purposes in addition to bingo games, upon the property which it owns, leases, or uses as a donee. A licensee need not use the property exclusively for activities which will fill its purpose or objectives. (Ord. 1978 NCS §1 (part), 1995.)
Editor’s Note: Prior ordinance history includes portions of Ordinance No. 1265 NCS.