CHAPTER 5.
AMUSEMENTS.

Article 1.    In General.

§ 5-1.    Unauthorized entrance to amusements, etc., prohibited.

§ 5-2.    Closing hours of certain amusement places.

Article 2.    Night Entertainment Permits.

§ 5-3.    Required; separate places of business.

§ 5-4.    Exemptions.

§ 5-5.    Applications.

§ 5-6.    Fees.

§ 5-7.    Investigation of applicant.

§ 5-8.    Denial.

§ 5-9.    Transferability.

§ 5-10.    Expiration; renewals.

§ 5-11.    Revocation or suspension.

§ 5-12.    Appeals.

Article 3.    Public Dance Permits.

§ 5-13.    Required.

§ 5-14.    Application.

§ 5-15.    Investigation of applicant; approval of application.

§ 5-16.    Issuance.

§ 5-17.    Revocation or suspension.

§ 5-18.    Appeals.

Article 4.    Bingo.

§ 5-19.    Permitted when.

§ 5-20.    Beneficiary.

§ 5-21.    Compensation prohibited.

§ 5-22.    Participation of minors prohibited

§ 5-23.    Location; permit required.

§ 5-24.    Open participation.

§ 5-25.    Operation.

§ 5-26.    Financial interest restricted.

§ 5-27.    Funds to be kept separate.

§ 5-28.    Presence required for participation.

§ 5-29.    Prizes not to exceed.

§ 5-30.    Bingo defined.

§ 5-31.    Permits; issuance, fees, revocation, reporting.

§ 5-32.    Violation; penalties.

§ 5-33.    Senior citizens program exempt.

ARTICLE 1.
IN GENERAL.

Sec. 5-1. Unauthorized entrance to amusements, etc., prohibited.

No person shall enter, attempt to enter or assist any other person to enter or attempt to enter any theater, fair, festival, moving picture theater, athletic contest, place of amusement, place of entertainment, lecture or other place of assemblage in the City, for entrance to which an admission fee is charged or demanded, or a ticket or permit to enter is required, without having paid such admission fee or without having surrendered or displayed such ticket or permit, unless such entrance is made with the express consent or approval of the owner, proprietor or management of the place sought to be entered.

Sec. 5-2. Closing hours of certain amusement places.

All poolrooms, soft and hard liquor parlors and places, dance halls and public dances, including cabarets and restaurant dances, except places holding night entertainment permits under this Chapter, shall close at the hour of 2:00 a.m. and remain closed until the hour of 6:00 a.m. of each day.

ARTICLE 2.
NIGHT ENTERTAINMENT PERMITS.

Sec. 5-3. Required; separate places of business.

No person shall, without a permit from the Chief of Police, operate, conduct or manage any place where food or beverages (other than alcoholic beverages) are sold, offered for sale or given away, and where music or entertainment is provided or furnished between the hours of 2:00 a.m. and 6:00 a.m. Any permit granted under the provisions of this Section shall be valid only as to the location specified therein, and where the applicant operates, manages or conducts two or more such places, a separate permit shall be required for each location.

Sec. 5-4. Exemptions.

No permit under this Article shall be required of any bona fide charitable, religious, benevolent or educational organization, community chest organization or persons holding permits required under Sections 5-13 to 5-18.

Sec. 5-5. Application.

Each application for a permit under this Article shall be made in writing and shall be signed and verified by the applicant. If the applicant is a corporation, partnership, group or organization, it shall be signed by the officer or member who is in responsible authority and control over the operation or management at the premises for which the permit is requested.

Each such application shall set forth the following:

(a)    The location for which the permit is requested.

(b)    The names and addresses of the persons who have authority or control over the place for which the permit is requested and a brief statement of the nature or extent of such authority or control.

(c)    The general type of entertainment to be furnished.

(d)    The hours of operation.

(e)    Such information as to management, authority and control as the Chief of Police may require in order to enforce the provisions of this Article.

(f)    Such other information as to the general fitness of the applicant that the Chief of Police may require.

(g)    The address to which notice, when required, is to be sent or mailed, which shall be that of place within this City.

Sec. 5-6. Fees.

Each application for a permit under this Article shall be accompanied by a fee in the amount set by resolution. For every annual renewal thereafter granted, a separate fee shall be charged in an amount set by resolution.

Sec. 5-7. Investigation of applicant.

Before granting a permit under this Article, the Chief of Police may make such investigation and require such further evidence as may be necessary as to the identity and interest of the applicant and of persons other than the applicant who may be associated with him as principals or partners, or who may be in partial or total control of the establishment to be operated under the permit. The Chief of Police may also require such further evidence as may be necessary as to the character, prior conduct and general fitness of the applicant, or persons other than applicant who may be associated with him as principals or partners, or who may be in partial or total control over the place to be operated under the permit.

Sec. 5-8. Denial.

The Chief of Police may deny any application for a permit under this Article for any of the following reasons:

(a)    The applicant, or persons who may be associated with the applicant as principals or partners, or who may be in partial or total control over the place to be operated under the permit, have been convicted of a crime involving moral turpitude or the use, possession or sale of narcotics.

(b)    The place to be operated under the permit is located in an area adjacent to motels, hotels, lodging houses or residences where people customarily sleep during the hours set out in Section 5-3.

(c)    The operation of such establishment will not comport with public welfare.

Sec. 5-9. Transferability.

No permit under this Article shall be transferable as to ownership.

Sec. 5-10. Expiration; renewals.

Permits issued under the provisions of this Article shall expire at 12:00 midnight, December 31, of the year in which such permit was issued. Such permit may be renewed by a written request to the Chief of Police accompanied by the renewal fee, or the Chief of Police may require that an application for the renewal contain the same information and be in the same form as a new application.

Sec. 5-11. Revocation or suspension.

Any permit issued under this Article, upon five days written notice mailed to the permittee at the address for which the permit is issued, and upon a hearing before the Chief of Police, may be suspended or revoked by the Chief of Police if he shall find any of the following:

(a)    The permittee has knowingly made any material mis-representation in his application.

(b)    For any reason which would have been a cause for denying such permit.

(c)    The premises for which the permit is issued is being operated in violation of a public statute or provision of this Code or any other City ordinance.

Sec. 5-12. Appeals.

Any person whose application for a permit under this Article has been denied, suspended or revoked by the Chief of Police shall have the right to appeal to the City Council by filing a written notice of appeal with the City Clerk within five days after written denial, revocation or suspension is personally served upon him and the City Council shall at its next regular meeting set a time and place for the hearing of the appeal and the City Clerk shall give at least ten days written notice of such hearing to the applicant by mailing to the address as shown on the application. The decision of the City Council at such hearing shall be final.

ARTICLE 3.
PUBLIC DANCE PERMITS.

Sec. 5-13. Required.

No person shall conduct or cause to be conducted or permit to be carried on any public dance in the City without having a dance permit issued by the Chief of Police. any such dance permit shall be conspicuously posted at the location where the dance is held. A public dance for the purposes of this Article is a dance to which the public is admitted, with or without a charge.

Sec. 5-14. Application.

Application for a permit under this Article shall be made in writing to the Chief of Police and shall set forth the following:

(a)    The name and address of the owner of the real property where the dance is to take place.

(b)    The name and address of the applicant.

(c)    The name and address of the person to be in immediate charge of the dance.

(d)    The time and location of the dance.

(e)    A statement as to whether admission will be charged.

(f)    Whether applicant, or the person to be in immediate charge of the dance, has ever been convicted of a crime other than a traffic violation.

(g)    Such other information as may be required by the Chief of Police in investigating for the permit.

Sec. 5-15. Investigation of applicant; approval of application.

It shall be the duty of the Chief of Police to investigate the moral character of an applicant for a permit under this Article, and the operator of such dance, and to refer the application to the Fire Chief and Building Inspector to approve or disapprove such premises for use in the proposed type of occupancy.

Sec. 5-16. Issuance.

The Chief of Police shall issue a public dance permit, in writing, for a period not to exceed one year if he finds the following:

(a)    The applicant and the person in immediate charge of the dance is of good moral character.

(b)    The proposed operation complies with all other applicable laws and ordinances.

(c)    The Fire Chief and Building Inspector report that the structure where the proposed dance is to be held meets the requirements of the proposed type of occupancy.

Section 5-17. Revocation or suspension.

The Chief of Police may revoke or suspend any public dance permit for any one of the following reasons:

(a)    The premises where dancing is carried on is being operated in violation of a public statute or ordinance.

(b)    Disturbances of the public peace or conduct offensive or contrary to the public morale takes place at such dance place.

(c)    The applicant or person in immediate charge of such dance is convicted of a felony or a crime involving moral turpitude.

(d)    The operation of such dance is inimical to the public interest.

(e)    The falsity of any statement on the application.

Such dance permit shall be and remain the property of the City, and on revocation or suspension, the permit shall be surrendered to the Chief of Police.

Sec. 5-18. Appeals.

Any person whose application for a public dance permit is disapproved, suspended or revoked by the Chief of Police shall have the right to appeal to the City Council by filing a written notice of appeal with the City Clerk within five days after written disapproval, revocation or suspension is personally served upon him/her and staff shall set a time and place for the hearing of the appeal and the City Clerk shall give at least ten days written notice of such hearing to the applicant by mailing to the address as shown on the application for such permit. The decision of the City Council at such hearing shall be final.

ARTICLE 4.
BINGO. (Ord. 2094, 1976)

Sec. 5-19. Permitted when.

Bingo games shall be allowed in the City of Monterey pursuant to the terms of this Article. (Ord. 2094 § 1, 1976)

Sec. 5-20. Beneficiary.

Bingo games shall be only for the benefit of organizations exempted from the payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954. (Ord. 2094 § 2, 1976)

Sec. 5-21. Compensation prohibited.

No person shall receive a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution and this Article. (Ord. 2094 § 3, 1976)

Sec. 5-22. Participation of minors prohibited

No minor shall be allowed to participate in any bingo game. (Ord. 2094 § 4, 1976)

Sec. 5-23. Location; permit required.

A nonprofit, charitable organization shall conduct a bingo game only on property owned or leased by it, and for which a permit to conduct such games has been obtained from the Zoning Administrator of the City of Monterey. Upon application for such a permit, the Zoning Administrator shall circulate the application to any and all appropriate City departments for comments and shall hold a public hearing upon the application in the same manner as is required for issuance of other permits by the Zoning Administrator pursuant to the Zoning Ordinance. The Zoning Administrator may approve the permit with or without conditions or may deny the application. Appeals from the decision may be taken in the manner prescribed by the Zoning Ordinance. The Planning Director shall have the authority to set a reasonable fee for the issuance of such permits sufficient to cover all costs involved in the issuance thereof. This permit shall be in addition to that required pursuant to Section 5-31. (Ord. 2263 § 1, 1978; Ord. 2094 § 5, 1976)

Sec. 5-24. Open participation.

All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization. (Ord. 2094 § 6, 1976)

Sec. 5-25. Operation.

A bingo game shall be operated and staffed only by members of the nonprofit charitable organization which organized it. Such members 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. (Ord. 2094 § 7, 1976)

Sec. 5-26. Financial interest restricted.

No individual, corporation, partnership, or other legal entity except the organization authorized by license to conduct a bingo game shall hold a financial interest in the conduct of such bingo game. (Ord. 2094 § 8, 1976)

Sec. 5-27. Funds to be kept separate.

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. (Ord. 2094 § 9, 1976)

Sec. 5-28. Presence required for participation.

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. (Ord. 2094 § 10, 1976)

Sec. 5-29. Prizes not to exceed.

The total value of prizes awarded during the conduct of any bingo games shall not exceed $250 in cash or kind, or both, for each separate game which is held. (Ord. 2094 § 11, 1976)

Sec. 5-30. Bingo defined.

As used in this Article, “bingo” 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 which are selected at random at the time of the game. (Ord. 2094 § 12, 1976)

Sec. 5-31. Permits; issuance, fees, revocation, reporting.

Any organization wishing to conduct bingo games shall first secure a permit from the Finance Director which shall be issued in accordance with this section.

(a)    Issuance, Fees, Reports:

(1)    Permits shall be valid for one year beginning July 1 and ending June 30 of each year unless revoked by the City.

(2)    A fee of $25 shall be charged for each permit to cover the cost of issuance and review of the documents and information required. There shall be no proration of said fee if issued after July 1.

(3)    Prior to the issuance of any permit, the permittee shall submit written evidence satisfactory to the Finance Director that the organization is qualified under the requirements of Section 5-20. If said documents are amended or revoked during the term of the permit, the permittee shall immediately notify the Finance Director in writing.

(4)    On or before August 1 of each year, the permittee shall file with the Finance Director a report certified by a certified public accountant (CPA) or a public accountant (PA) showing the income, disbursements, and such other information as may be required by the Finance Director to show compliance with Sections 5-25, 5-27 and 5-29. The report shall cover the twelve months preceding June 30. The Finance Director may establish a different annual reporting date to coincide with the fiscal year of the reporting organization.

(b)    Revocation:

(1)    If the permittee loses its exempt status during the term of the permit, the permit shall be immediately and automatically revoked. The permit may be reinstated without fee by the submission of the documents required for issuance.

(2)    The permit of any organization which fails to submit the required reports shall be immediately and automatically revoked. Said permit may be reinstated without additional fee upon the filing of the required report.

(3)    The City Manager may revoke the permit of any organization that he finds has violated any of the terms, conditions or regulations imposed by this Article or State law. The City Manager shall notify the permittee in writing of said revocation and the grounds thereof. Said revocation shall become effective ten days after depositing said notice in the U.S. Mail, postage prepaid, addressed to the organization at the address set forth on the permit.

(4)    The permittee may appeal the notice by requesting a hearing before the City Manager in writing before the effective date of the notice. The City Manager shall hold an informal hearing not less than five days nor more than thirty days after receiving said request for hearing. The City Manager shall give not less than three days’ notice of the time and place of the hearing.

(5)    At the hearing, the City Manager may consider such documentary or unsworn oral testimony as the permittee wishes to submit. He may also consider the fact of a conviction for violation of this Article. Upon consideration of the information submitted, the City Manager may uphold or withdraw the revocation, or may make reasonable rules for the conduct of the bingo games held by the permittee to avoid future violations. The City Manager shall notify the permittee in writing of his decision and file a copy of said decision with the Finance Department. The decision shall become final unless appealed to the City Council within ten days of the written determination of the City Manager.

(6)    The decision of the City Manager may be appealed to the City Council in the same form and manner as are set forth for appeals from the decisions of the Planning Commission.

(7)    A permittee may continue to conduct bingo games until the final determination is made on the appeal. (Ord. 3472 § 4, 2012; Ord. 2094 § 13, 1976)

Sec. 5-32. Violation; penalties.

It shall be a misdemeanor for any person to violate the terms of this Article. Conviction of a violation of Section 5-21 shall be punishable by a fine not to exceed the sum of $10,000. Conviction of a violation of any other Section of this Article shall be punishable by imprisonment in the County jail for a period not to exceed six months, or by a fine not to exceed $500, or by both such fine and imprisonment. (Ord. 2094 § 14, 1976)

Sec. 5-33. Senior citizens program exempt.

Any bingo game played at the new Monterey Neighborhood Center as part of the program for senior citizens sponsored and conducted by the City of Monterey shall be permitted without permit and shall not be required to comply with Sections 5-20 and 5-23. Said games shall be conducted in accordance with all other sections of this Article. All monies collected during any series of games played on a single calendar day shall be returned to the participants in the form of prizes. This exemption shall also apply to any recognized, senior citizens club which has used the New Monterey Neighborhood Center during the twelve months preceding the effective date of the ordinance codified in this Article for the playing of bingo. No other group shall be permitted to hold bingo games at said facility. (Ord. 2094 § 15, 1976)