Chapter 5.16


5.16.010    Definitions.

5.16.020    License – Required.

5.16.030    License – Application – Information.

5.16.040    License – Application – Investigation.

5.16.050    License – Denial, suspension, revocation.

5.16.060    Appeal procedure.

5.16.070    License – Term – Fee.

5.16.080    License – Nontransferable.

5.16.090    Restrictions.

5.16.100    Inspection.

5.16.110    Violations – Penalties.

5.16.010 Definitions.

Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section.

A. “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.

B. “Minor” is any person under the age of 18 years.

C. “Nonprofit, charitable organization” is an organization exempt from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(c) of the Internal Revenue Code of 1954. (Ord. 353 § 1(1), 1976).

5.16.020 License – Required.

It is unlawful for any person to conduct any bingo games in the city unless such person is a member of a nonprofit, charitable organization and has been issued a license as provided by this chapter. (Ord. 353 § 1(2), 1976).

5.16.030 License – Application – Information.

Application for a license shall be made to the Holtville police department on forms prescribed by the Holtville police department 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 a nonprofit, charitable organization as defined in this chapter. (Ord. 353 § 1(3), 1976).

5.16.040 License – Application – Investigation.

Upon receipt of an application for a license, the Holtville police department may send copies of such application to any office or department which the Holtville police department deems essential in order to carry out proper investigation of the applicant. The Holtville police department 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. Upon approval of any application for a bingo license, the city license collector shall issue the license. (Ord. 353 § 1(5), 1976).

5.16.050 License – Denial, suspension, revocation.

The Holtville police department may deny an application for bingo license, or suspend or revoke a license if it is found 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 Holtville police department determines that a bingo license should be suspended or revoked or an application for such license denied, it shall prepare a notice of suspension, revocation, or denial of application setting forth the reason for such 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 Holtville police department, or who has had a bingo license suspended or revoked by the Holtville police department, may appeal the Holtville police department decision in the manner provided in this chapter. (Ord. 353 § 1(9), 1976).

5.16.060 Appeal procedure.

Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section. Within 15 calendar days after the date of any denial, suspension, revocation or other decision of the Holtville police department, 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. The city council shall then rule on the denial, suspension, or revocation at its next scheduled meeting. (Ord. 353 § 1(10), 1976).

5.16.070 License – Term – Fee.

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 $25.00. The fee for renewal shall be $10.00. The appropriate fee shall accompany the submission of each application, is nonrefundable and shall be used to defray the cost of the issuance of said license. (Ord. 353 § 1(4), 1976).

5.16.080 License – Nontransferable.

Each license issued under this chapter shall be issued to a specific person on behalf of a specific nonprofit, charitable 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. 353 § 1(6), 1976).

5.16.090 Restrictions.

A nonprofit, charitable organization shall conduct a bingo game only on property either 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.

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 nonprofit, charitable organization.

C. A bingo game shall be operated and staffed only by members of the nonprofit, charitable organization which organized it. Such members shall be appointed by the Holtville police department 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 game 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. 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. Within 30 days after the bingo game is held, the applicant will file with the Holtville police department a full and complete financial statement of all moneys collected, disbursed, and the amount remaining for charitable purposes.

F. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.

G. The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or kind, or both, for each separate game which is held.

H. No bingo game shall be conducted between the hours of midnight and 8:00 a.m. (Ord. 353 § 1(7), 1976).

5.16.100 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 lists of approved staff available for inspection at all times during any bingo game. (Ord. 353 § 1(8), 1976).

5.16.110 Violations – Penalties.

It is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter.

Any and every violation of this chapter is a misdemeanor and shall be punishable as provided in Chapter 1.12 HMC. (Ord. 353 § 1(11), 1976).