Chapter 5.18
BINGO PARLORS
Sections:
5.18.025 Contents of the application.
5.18.040 Application for permits.
5.18.065 Limitation on parlor owner involvement in bingo.
5.18.070 Prohibition of financial interest in bingo.
5.18.080 Summary suspension of license pending opportunity for hearing.
5.18.085 Operating and conducting business at the bingo parlor after suspension.
5.18.010 Purpose.
The regulatory provisions of this chapter are necessary to ensure that bingo parlors are operated subject to reasonable conditions for the protection of the public health, safety and welfare. A system of regulating bingo parlors, in conjunction with the existing regulations of organizations licensed to conduct bingo in accordance with Chapter 5.16, encourages the maximum use of bingo proceeds for charitable purposes, but also limits the commercialization of bingo, particularly by criminal or otherwise undesirable elements. The licensing regulations for bingo parlors further clarify and define the relationship between the bingo parlor and the licensed charitable organization with respect to the operations and management of bingo games in the city. (Ord. 94-04 § 1 (part))
5.18.017 Bingo parlor.
A “bingo parlor” means a building, facility, or other improvement upon which space is leased, rented or otherwise allocated for monetary consideration to two or more persons possessing a bingo license pursuant to this chapter and Chapter 5.16 within or upon which bingo games sponsored by the two or more licensed parties are conducted, when the space within such building, facility or other improvement is owned by a person who does not hold a bingo license authorizing the operation of bingo games. A “bingo parlor” shall not be deemed to mean or include a building, facility, or other improvement which is owned by a public agency, within or upon which space is rented, leased or otherwise allocated for the operation of the bingo games by two or more licensed persons. (Ord. 94-04 § 1 (part))
5.18.020 License required.
No person shall, unless under and by authority of a valid, unrevoked and unexpired bingo parlor license, operate a bingo parlor in the city whether singularly or in connection with another type of enterprise.
A person shall be deemed to operate or conduct a bingo parlor and violate this section if the person without a bingo parlor license supervises, directs, organizes, controls or is in any way responsible for or in charge of a bingo parlor for which a bingo parlor license is required.
One bingo parlor license shall be issued for each fifteen thousand population. (Ord. 94-04 § 1 (part))
5.18.025 Contents of the application.
An application to operate a bingo parlor shall contain the following:
A. A copy of all leases, contracts or other agreements regarding the use or occupancy of the bingo parlor by and between the licensee and any organization licensed to conduct bingo games pursuant to Chapter 5.16;
B. A description of all uses which any organization licensed pursuant to Chapter 5.16 shall make of the bingo parlor premises;
C. A detailed description of the facility, services, resources and security which the licensee shall provide to each organization licensed pursuant to Chapter 5.16 which shall operate or conduct a bingo game at the bingo parlor. (Ord. 94-04 § 1 (part))
5.18.026 Application fee.
The applicant shall pay a nonrefundable fee at the time of submission of the application, the amount of which shall be set by the city council from time to time by resolution. The applicant shall also obtain a business license pursuant to Title 5 of this code. (Ord. 94-04 § 1 (part))
5.18.030 Issuance.
The finance director shall issue a bingo parlor license unless the bingo parlor is conducted, operated or managed in a manner which violates Penal Code Section 326.5, this chapter or any other applicable law. (Ord. 94-04 § 1 (part))
5.18.035 Employee permits.
No person shall work in a bingo parlor as a bingo parlor manager, and no person who holds a bingo parlor license authorizing operations of a bingo parlor shall employ any person as bingo parlor manager, unless such person possesses a valid employee permit or a bingo parlor license issued pursuant to the provision of this chapter. (Ord. 94-04 § 1 (part))
5.18.040 Application for permits.
An application for an employee permit to serve as a bingo parlor manager shall contain a list of each arrest resulting in either a conviction, a plea of guilty or a plea of nolo contendere. The list shall, for each such conviction, plea of guilty or plea of nolo contendere, set forth the date of arrest, the offense charged and the offense for which the applicant was convicted, or entered a plea of guilty or a plea of nolo contendere. (Ord. 94-04 § 1 (part))
5.18.050 Denial of permits.
Upon receipt of an application for an employee permit to serve as a bingo parlor manager, the chief of police shall conduct an investigation as is deemed necessary. The chief of police shall issue the permit unless he or she finds any of the following and then only in accordance with the other provisions of this chapter and applicable law:
A. The application fails to contain the information required by the chief of police or Section 5.18.040, or is otherwise incomplete;
B. That the information contained in the application is false or otherwise inaccurate; or
C. That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under California Penal Code Section 1203.4; or has done any act involving dishonesty, fraud or deceit with intent to substantially benefit him or herself, or another, or substantially injure another; and the chief of police concludes that by reason of the crime or act the applicant would not perform his or her duties as a bingo parlor manager in a law-abiding manner or in a manner which does not subject patrons of the bingo parlor to risk of harm or criminal, deceitful or otherwise unethical practices. (Ord. 94-04 § 1 (part))
5.18.055 Records--Audit.
The licensee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation and conduct. The records shall be of such types and maintained in such a manner as may be prescribed by the finance director.
The finance director or any other authorized representative of the city shall have the right to examine and audit such records at any reasonable time and the licensee shall fully cooperate by making such records available. Such audits may be conducted annually, at operator’s sole cost and expense, for each twelve months of each licensee’s operation.
Such records shall be subject to disclosure only pursuant to (A) any suspension, revocation or other proceeding conducted under this chapter; or (B) any civil or criminal investigation conducted by the finance director, chief of police, the district attorney, the grand jury or city attorney. For all other purposes, the records shall be kept confidential by the finance director, as custodian of those records and then only in accordance with applicable federal, state and local law. (Ord. 97-03 § 3: Ord. 94-04 § 1 (part))
5.18.060 Hours of operation.
No bingo game shall be conducted between the hours of two a.m. and nine a.m. of any day. (Ord. 94-04 § 1 (part))
5.18.065 Limitation on parlor owner involvement in bingo.
The licensee shall not, directly or indirectly, organize, manage, supervise, conduct, control or otherwise participate in or influence either the operations of any bingo game conducted at the bingo parlor or the promotion thereof, except for training purposes, for which the licensee shall receive no consideration. (Ord. 94-04 § 1 (part))
5.18.070 Prohibition of financial interest in bingo.
With the exception of revenue generated by any business or enterprise for which a bingo parlor permit is required pursuant to this chapter, no licensee shall have a financial interest in the conduct of a bingo game operated in the city.
A licensee shall be deemed to have a financial interest in the conduct of a bingo game including but not limited to the following situations: (A) if rent of the bingo parlor is adjusted based on the profits, losses or the exempt status of any organization licensed under Chapter 5.16; (B) if the purchase of bingo supplies from the licensee is made a condition of the lease, contract or other agreement between the licensee and any organization licensed under Chapter 5.16; or (C) if the licensee absorbs, assumes, shares or otherwise participates in the losses or profits of any bingo game conducted by any organization licensed under Chapter 5.16. (Ord. 94-04 § 1 (part))
5.18.080 Summary suspension of license pending opportunity for hearing.
Whenever it appears to the city that the licensee is conducting a bingo parlor operation in violation of any of the provisions of this chapter, or of state law, or any other provision of this code, the finance director or city manager’s designee shall have the authority to summarily suspend the license and order the licensee in writing to immediately cease and desist any further operation of the bingo parlor. (Ord. 94-04 § 1 (part))
5.18.085 Operating and conducting business at the bingo parlor after suspension.
Any person(s) who continues to operate and conduct business at the bingo parlor after any summary suspension thereof under section 5.18.080 shall be deemed guilty of a misdemeanor or infraction pursuant to section 21.01.030. (Ord. 2006-07, Amended, 06/06/2006; Ord. 94-04 § 1 (part))
5.18.090 Appeal.
The Finance Director’s or City Manager designee’s written order issued under section 5.18.080 shall state the reason(s) for the suspension and also notify the licensee in writing that it shall have ten (10) days from the date of such order to file an appeal to determine whether such license shall be revoked. Any such appeal by the licensee/applicant shall be in writing stating the specific reason(s) therefore and grounds asserted for relief, and shall be filed with the City Clerk. The appeal hearing shall be set and conducted pursuant to section 21.03.060. The hearing officer’s decision shall be final. Judicial review may be had by filing a petition pursuant to section 21.03.070. (Ord. 2006-07, Amended, 06/06/2006; Ord. 94-04 § 1 (part))
5.18.100 Violation.
Violation of any of the provisions of this title is unlawful and an offense. Such violations shall be prosecuted as provided by Chapter 21.01 of Title 21. (Ord. 2006-07, Add, 06/06/2006)