Chapter 4.30


4.30.010    Definitions.

4.30.020    License required.

4.30.030    License – Eligibility.

4.30.040    License – Application generally.

4.30.050    License – Fee.

4.30.060    License – Application and investigation.

4.30.070    License – Issuance and contents.

4.30.080    Appeal.

4.30.090    License – Term – Renewal.

4.30.100    License – Transferability.

4.30.110    License – Summary suspension by chief of police.

4.30.120    Misdemeanor to continue after summary suspension.

4.30.130    Order of summary suspension to include right of appeal.

4.30.140    Suspension, other than summary suspension, and revocation of license.

4.30.150    Re-application after revocation.

4.30.160    Rule and regulations governing the conduct of bingo games.

4.30.170    Violations.

4.30.010 Definitions.

For the purpose of this chapter, the following words and phrases shall be defined as follows:

(1) “Bingo game” 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.

(2) “Eligible organization” means any organization allowed to be included in a local bingo regulation ordinance pursuant to Section 326.5 of the Penal Code of the State of California or its successor section or sections. [Ord. 267 § 1, 1985]

4.30.020 License required.

It shall be unlawful for any person to engage in, carry on, maintain or conduct any bingo game in the city without first having obtained a license from the city to do so in accordance with the provisions of this chapter. [Ord. 267 § 2, 1985]

4.30.030 License – Eligibility.

A bingo license shall only be issued to eligible organizations as defined herein. [Ord. 267 § 3, 1985]

4.30.040 License – Application generally.

Application for a bingo license shall be made to the city clerk upon such form as he or she may prescribe. Such application shall include, among other things, the following:

(1) The name of the applicant organization and a statement that such organization is an eligible organization as defined herein;

(2) The names and signatures of at least two officers, including the presiding officer, of the eligible organization;

(3) The address of the property on which bingo games will be conducted, and the occupant capacity of such place;

(4) A statement that the applicant agrees to conduct bingo games in strict accordance with the applicable provisions of the Penal Code, and this chapter, as they may be amended from time to time, and agrees that the license to conduct such bingo games may be revoked by the city upon violation of any such provisions. Such application shall be certified to its correctness by the applicant under penalty of perjury. [Ord. 267 § 4, 1985]

4.30.050 License – Fee.

The applicant for a bingo license shall submit, along with the application, a fee, not to exceed $75.00 in an amount determined by resolution of the city council. In the event that the application is denied, one-half of the application fee shall be refunded. [Ord. 267 § 5, 1985]

4.30.060 License – Application and investigation.

(1) Upon receipt of the completed application and fee, the city clerk shall refer such application to any city department head that he or she deems necessary for investigation as to the correctness of the information contained in the application and the suitability of the premises described in the application for the conduct of bingo games. The head of each department or office shall consider fire, occupancy, parking, traffic and other applicable laws and ordinances in making a determination hereunder.

(2) Each department head who investigates listed above also shall determine whether the conduct of bingo games on the premises will have a substantially greater impact on its neighborhood than the normal use of the premises.

(3) The department head shall recommend denial if after investigation it is his or her opinion that the premises is unsuitable for bingo game play. The city clerk shall thereupon deny the application and attach the reasons therefor to the denial.

(4) Any application for bingo game play in a residential land use district shall be denied summarily unless the proposed premises is normally used as a place of public or private assemblage in which latter case the application shall be considered in the manner described herein. [Ord. 267 § 6, 1985]

4.30.070 License – Issuance and contents.

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city, the city clerk shall issue a license to said applicant, which license shall contain the following information:

(1) The name and type of the organization to which the license is issued;

(2) The address where bingo games are authorized under the license;

(3) The occupancy capacity of the room in which bingo games are to be conducted;

(4) The date of the expiration of such license;

(5) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. [Ord. 267 § 7, 1985]

4.30.080 Appeal.

Any person aggrieved by the denial or issuance of a bingo license may appeal to the city council. The appeal shall be made within 10 days of denial and shall be heard by the city council at its next regular meeting thereafter. [Ord. 267 § 8, 1985]

4.30.090 License – Term – Renewal.

The term of such license shall be for a period of one year unless revoked or suspended prior thereto as provided herein. Such license may be renewed upon completion of the application procedures provided herein and the payment of the appropriate fee. [Ord. 267 § 9, 1985]

4.30.100 License – Transferability.

No license issued pursuant to this chapter shall be transferable or assignable. [Ord. 267 § 10, 1985]

4.30.110 License – Summary suspension by chief of police.

The chief of police or sheriff acting as de facto chief of police may suspend any bingo license and may terminate any further operation of any bingo game when, in the opinion of said chief of police, the licensee is conducting a bingo game in violation of any of the applicable provisions of the Penal Code of the State of California or of this chapter. [Ord. 267 § 11, 1985]

4.30.120 Misdemeanor to continue after summary suspension.

Any person who continues to conduct a bingo game after any summary suspension thereof shall be guilty of a misdemeanor. [Ord. 267 § 12, 1985]

4.30.130 Order of summary suspension to include right of appeal.

Any order for summary suspension shall be appealed to the city council within 10 days of said order of suspension and the city council shall hear said appeal at its next regular meeting. [Ord. 267 § 13, 1985]

4.30.140 Suspension, other than summary suspension, and revocation of license.

(1) The city clerk shall suspend any bingo license when any or all of the following actions occur:

(a) The organization holding such license is conducting bingo games in violation of any of the applicable provisions of the Penal Code of the State of California or of this chapter, and a summary suspension therefor has not been ordered by the chief of police;

(b) It is determined that the license was obtained or renewed by fraudulent representation.

(2) The city clerk shall give a notice in writing within 10 days of suspension to the organization holding such license specifying the reasons for such suspension and the right of appeal therefrom. If the grounds for suspension as set forth by the city clerk are not corrected within a period of 30 days from the date of giving such notice, or an appeal is not filed as provided herein, then such license shall be forthwith revoked. [Ord. 267 § 14, 1985]

4.30.150 Re-application after revocation.

Any organization whose license is 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 revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of the reinstatement of said exemption. [Ord. 267 § 15, 1985]

4.30.160 Rule and regulations governing the conduct of bingo games.

It shall be unlawful to conduct a bingo game other than in accordance with the following rules and regulations:

(1) The maximum amount of prizes, the handling of bingo game profits and the conduct and administration of bingo games generally shall be in accordance with the applicable provisions of the Penal Code of the State of California which govern bingo games.

(2) No licensee shall conduct any bingo game for more than six hours out of any 24-hour period. No bingo game shall be conducted between the hours of 2:00 a.m. and 9:00 a.m. of any day.

(3) Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the legal occupancy capacity of the room in which such game is conducted. The licensee shall not reserve seats or space for any person.

(4) The licensee shall keep and maintain a complete and accurate record of the income received and expenses disbursed in connection with the operation, conduct, promotion, supervision and any other phase of the bingo game authorized by this chapter. The city, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and licensee shall fully cooperate with the city by making such record available. [Ord. 267 § 16, 1985]

4.30.170 Violations.

Violation of any provision of this chapter shall be deemed a misdemeanor, in addition to any penalties applied under Penal Code Section 326.5. [Ord. 267 § 17, 1985]