Chapter 5.25
BINGO HALLS
Sections:
5.25.080 Assignment of license or permit.
5.25.090 Other permits and approvals.
5.25.110 Examination or audit of financial records.
5.25.120 Annual Review – Inspections.
5.25.130 Suspension or revocation of a bingo hall license.
5.25.140 Suspension or revocation of a manager’s permit.
5.25.150 Suspension and revocation proceedings.
5.25.010 Definitions.
The following words and phrases, whenever used in this chapter, shall have the following meanings, unless it shall be apparent from the context that they have a different meaning. All words in the present tense shall include the future tense. All words in the singular shall include the plural and all words in the plural shall include the singular, unless the natural construction of the wording indicates otherwise. The word “shall” is mandatory and the word “may” is discretionary.
A. “Bingo” or “bingo games” means a game of chance as defined in Section 5.24.030 of this code.
B. “Bingo hall” means a facility or place that is rented, leased, donated or otherwise allocated to a person or persons possessing a bingo license pursuant to Chapter 5.24 of this code for the purpose of operating or conducting bingo games.
C. “Bingo hall equipment” means supplies, materials, and equipment needed or used to conduct a bingo game including, but not limited to, bingo cards, boards, machinery, tables, and chairs.
D. “Bingo hall license” means a license issued by the city permitting a person to operate and maintain a bingo hall within the city limits.
E. “Bingo hall owner” means and includes the holder of a bingo hall license, the owner(s) of a bingo hall business, and all persons having a legal or equitable interest in the bingo hall or bingo hall business.
F. “Business license” means a business license issued by the city pursuant to Title 5 of this code.
G. “Chief of police” means the chief of police of the city or his or her designee.
H. “Director of finance” means the city’s director of finance or his or her designee.
I. “Employee” means any person who renders any service in connection with the operation or maintenance of a bingo hall and who receives compensation from a bingo hall owner or operator.
J. “Licensee” means the holder of a bingo hall license, including the holder’s employees, agents, and representatives.
K. “Manager” means the person or individual principally in charge of the bingo hall.
L. “Manager’s permit” means a permit issued by the chief of police to a manager of a bingo hall.
M. “Organization” means an organization or group authorized and licensed to conduct bingo games pursuant to Penal Code Section 326.5 and Chapter 5.24 of this code.
N. “Person” means any individual, partnership, firm, association, company, corporation, or combination of individuals of whatever form or character. (Ord. 1528 §1(part), 1995).
5.25.020 Applicability.
The provisions of this chapter shall apply to facilities or places within the city when such facilities or places are used as a bingo hall and shall not apply when such facilities or places are used for other purposes. (Ord. 1528 §1(part), 1995).
5.25.030 License required.
No person shall operate or maintain a bingo hall within the city limits without first having obtained from the city a bingo hall license and a city business license: If a person operates or maintains more than one bingo hall within the city limits, a bingo hall license and city business license shall be obtained for each bingo hall. (Ord. 1528 §1(part), 1995).
5.25.040 License application.
An application for a bingo hall license shall be filed with the chief of police. The application shall specify the following information:
A. The applicant’s name, address, and telephone number;
B. If the applicant is a sole proprietorship, the full name, address, telephone number, date of birth, driver’s license number, and criminal convictions (other than misdemeanor traffic violations) of the sole proprietor;
C. If the applicant is a partnership, the full name, address, telephone number, date of birth, driver’s license number, and criminal convictions (other than misdemeanor traffic violations) of each general and limited partner;
D. If the applicant is a corporation, the full name, address, telephone number, date of birth, driver’s license number, and criminal convictions (other than misdemeanor traffic violations) of each officer and director of the corporation and of each stockholder owning ten percent or more of the stock of the corporation;
E. A non-refundable application fee, the amount of which shall be set, from time to time, by resolution of the city council. Such fee shall fully reimburse the city for any and all costs associated with processing the application and may be based on an average of all such costs or based upon individual costs for a specific application or a combination of both approaches;
F. Authorization for the chief of police to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for a bingo hall license. Such authorization shall constitute a waiver by the applicant of the confidentiality of the information obtained and reviewed by the chief of police, such as, but not limited to, the information contained in any police record or medical report;
G. The location and size of the proposed bingo hall;
H. Copies of any executed or proposed leases or agreements between the applicant and the organizations intending to use the bingo hall for bingo games;
I. A detailed description of:
1. All activities to be conducted at the bingo hall,
2. The services, equipment, and resources to be provided by the applicant to the organizations conducting bingo games at the bingo hall,
3. The days and hours of operation of the bingo hall,
4. The name, address, and telephone number of each organization intending to conduct bingo games at the bingo hall, and
5. The manner or method in which time or use of the bingo hall will be allocated among such organizations;
J. Such other information that the chief of police may deem necessary to investigate the applicant’s character and qualifications to operate a bingo hall. (Ord. 1528 §1(part), 1995).
5.25.050 License issuance.
The chief of police shall approve an application for a bingo hall license, subject to conditions imposed by the chief of police on the exercise of such license, upon the determination that:
A. The applicant has submitted a complete license application;
B. The applicant has not knowingly made any false, misleading, or fraudulent statement in the license application or in any document required by the city or the chief of police in conjunction therewith;
C. The bingo hall, as proposed by the applicant, if permitted, will not violate any law; and
D. The applicant, if an individual; or any of the stockholders owning ten percent or more of the stock of the corporation and any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager of the bingo hall, have not:
1. Had a license similar to a bingo hall license previously suspended or revoked,
2. Been convicted of any state or federal law that regulates racketeering or organized crime activity such as, by way of example, the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. Section 1961 et seq.), and
3. Been convicted of any of the following offenses:
a. Offenses involving the use of force or violence upon the person of another that amounts to a felony, or
b. Offenses involving arson, theft, fraud, deceit, misrepresentation, or dishonesty, whether felony or misdemeanor.
The chief of police, however, may disregard any conviction that occurred at least ten years prior to the date of the application, provided the person convicted has had no subsequent felony convictions of any kind and no subsequent misdemeanor convictions for the offenses described above. (Ord. 1528 §1(part), 1995).
5.25.060 Manager’s permit.
No person shall manage or supervise a bingo hall until a manager’s permit has been issued to that person by the chief of police.
A. An application for a manager’s permit shall specify the person’s full name, address, telephone number, date of birth, driver’s license number, and criminal convictions (other than misdemeanor traffic violations).
B. The application shall be accompanied by an application fee, the amount of which shall be set, from time to time, by resolution of the city council. Such fee shall fully reimburse the City for any and all costs associated with processing the application and may be based on an average of all such costs or based upon individual costs for a specific application or a combination of both approaches. (Ord. 1528 §1(part), 1995).
5.25.070 Permit issuance.
The chief of police shall approve an application for a manager’s permit upon the determination that:
A. The applicant has submitted a complete permit application;
B. The applicant has not knowingly made any false, misleading, or fraudulent statement in the permit application or in any document required by the city or the chief of police in conjunction therewith; and
C. The applicant has not:
1. Had a permit similar to a manager’s permit previously suspended or revoked,
2. Been convicted of any state or federal law that regulates racketeering or organized crime activity such as, by way of example, the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. Section 1961 et seq.), and
3. Been convicted of any of the following offenses:
a. An offense involving the use of force or the person of another that amounts to a felony, or violence upon the person of another that amounts to a felony, or
b. An offense involving arson, theft, fraud, deceit, misrepresentation, or dishonesty, whether felony or misdemeanor.
The chief of police, however, may disregard any conviction that occurred at least ten years prior to the date of the application, provided the applicant has had no subsequent felony convictions of any kind and no subsequent misdemeanor convictions for the offenses described above. (Ord. 1528 §1(part), 1995).
5.25.080 Assignment of license or permit.
No bingo hall license or manager’s permit may be assigned, transferred, sold, or conveyed without the prior written permission of the chief of police. Any attempt to so assign, transfer, sell, or convey such license or permit shall be void and of no effect and shall be grounds for revocation of said license or permit by the chief of police. (Ord. 1528 §1(part), 1995).
5.25.090 Other permits and approvals.
The approval or issuance of any permit under this chapter shall be in addition to any other approval or permit required by this code or by any other law, rule, or regulation. The approval or issuance of any permit hereunder shall not negate the need to satisfy any and all other requirements prescribed by this code or by any other law, rule, or regulation including, but not limited to, any and all applicable land use, building, and zoning regulations. (Ord. 1528 §1(part), 1995).
5.25.100 Use restrictions.
Bingo halls shall be subject to the following restrictions:
A. No person shall sell, give, dispense, provide, keep, or consume, or cause to be sold, given, dispensed, provided, kept, or consumed any alcoholic beverage on the premises of the bingo hall.
B. Section 9.65.040(A) of this code notwithstanding, smoking shall be permitted in the bingo hall provided there is an enclosed, ventilated area or room in the bingo hall for nonsmokers of a size that is adequate to accommodate all nonsmoking bingo game participants.
C. Security shall be provided by the organization conducting the bingo game in accordance with the security measures that the chief of police may impose as a condition of approval of the bingo hall license.
D. Bingo games shall not be conducted by persons, groups, or organizations not authorized and licensed to conduct bingo games under Penal Code Section 326.5 and Chapter 5.24 of this code. Licensees shall verify in advance of a bingo game that the organization conducting the bingo game is authorized and properly licensed to conduct bingo games as provided in this code. All bingo games conducted at the bingo hall shall be conducted in accordance with Penal Code Section 326.5 and Chapter 5.24 of this code.
E. Local organizations authorized and properly licensed to conduct bingo games under this code shall have priority use of the bingo hall. For the purpose of this subsection, “local organizations” shall mean organizations whose principal purpose is to provide financial assistance or support to persons residing within the city. However, should the demand by local organizations be inadequate to make full use of the bingo hall, the bingo hall may be used by nonlocal organizations authorized and properly licensed to conduct bingo games under this code.
F. Licensees and managers shall not operate or staff a bingo game nor shall they participate in the promotion, supervision, or any other phase of such game. Licensees or managers may provide instruction or training to the organization conducting the bingo game, provided such instruction or training is provided to the organization at no charge.
G. Any agreement or lease for the use of the bingo hall, equipment, or services (e.g., janitorial services, food services, etc.) by an organization authorized and licensed to conduct bingo games shall be in writing and executed prior to the organization’s use of the bingo hall, equipment, or services. Compensation or rent charged for use of the bingo hall, equipment, or services shall not be calculated or based on a percentage share of the proceeds derived from a bingo game. Such compensation or rent shall be a flat charge or rate agreed to in advance of the organization’s use of the bingo hall, equipment, or services. Compensation or rent charged for the use of the bingo hall, equipment, and services shall not exceed the fair market value of comparably-equipped building space in Solano County.
H. With the exception of compensation or rent received for the use of the bingo hall, equipment, or services, no licensee or manager shall have a financial interest in a bingo game conducted at the bingo hall.
I. The licensee may not require as a condition of a lease or rental agreement that the organization rent or purchase bingo game equipment, supplies, or services from the licensee. (Ord. 1569 §§5, 6, 1997; Ord. 1528 §1(part), 1995).
5.25.110 Examination or audit of financial records.
The licensee shall keep full, complete, and accurate records of the income received and expenses disbursed in connection with the licensee’s operation of the bingo hall. The city’s director of finance may specify the manner in which such records shall be maintained by the licensee. The director of finance shall have the further right to examine or audit such records during normal business hours and the licensee shall fully cooperate with such examination or audit by making such records available to the director of finance. Failure to cooperate with the director of finance will be grounds for revocation of a bingo hall license. If, as a result of such examination or audit, the director of finance determines that the licensee is in violation of any provision of this chapter, code, or state law, or any condition of the bingo hall license:
A. The licensee shall promptly reimburse the city for the full cost of such examination or audit; and
B. The chief of police may suspend or revoke the bingo shall license in accordance with Section 5.25.150 of this chapter. (Ord. 1528 §1(part), 1995).
5.25.120 Annual Review – Inspections.
A. The chief of police may conduct an annual review of the bingo hall and its operation to ensure that the bingo hall is being operated in compliance with the provisions of the bingo hall license and this chapter. The annual review shall be conducted at a time and date set by the chief of police. Notice of the annual review shall be given to the bingo hall owner or manager not less than ten days prior to the date of the annual review. The bingo hall owner and manager shall cooperate with the chief of police during such review. Failure to cooperate with the chief of police will be grounds for revocation of a bingo hall license. If the chief of police fails to conduct the annual review, such failure shall not be deemed to be a waiver of the right to conduct an annual review in any subsequent year. The city council may establish a nonrefundable annual review fee, the amount of which shall be set, from time to time, by resolution of the city council. Such fee shall fully reimburse the city for any and all costs associated with processing the application and may be based on an average of all such costs or based upon individual costs for a specific application or a combination of both approaches.
B. In addition to the annual review specified in subsection (A) of this section, the chief of police or the director of finance shall have the right to enter upon the bingo hall premises during normal hours of operation for the purpose of inspecting the bingo hall and its operation. Such entry and inspection may be made without prior notice to the licensee or the bingo hall manager. At all other times, the chief of police or the director of finance may enter upon the bingo hall premises for the purpose of inspecting the bingo hall and its operation, provided the licensee or bingo hall operator is given not less than twenty-four hours’ prior notice of the entry and inspection. Failure to allow entry following the receipt of such notice shall be grounds for revocation of a bingo hall license. (Ord. 1528 §1(part), 1995).
5.25.130 Suspension or revocation of a bingo hall license.
The chief of police may suspend or revoke a bingo hall license if the chief of police or the director of finance determines that the licensee has violated any provision of this chapter, code, or state law or any condition of a bingo hall license. Such suspension or revocation proceedings shall be conducted in accordance with Section 5.25.150 of this chapter (Ord. 1528 §1(part), 1995).
5.25.140 Suspension or revocation of a manager’s permit.
The chief of police may suspend or revoke a manager’s permit if the chief of police determines that the manager has been convicted of any offense which would be cause for denial of a manager’s permit upon an original application, has made a false statement on an application for a manager’s permit, or has committed an act in violation of this chapter, code, or state law. Such suspension or revocation proceedings shall be conducted in accordance with Section 5.25.150 of this chapter. (Ord. 1528 §1(part), 1995).
5.25.150 Suspension and revocation proceedings.
A. A bingo hall license or manager’s permit may not be suspended or revoked until the following has occurred. The chief of police shall provide written notice to the licensee or manager of the intended action. The notice shall be personally served upon the licensee or manager or delivered by postage pre-paid, first class mail. The notice shall set forth the following:
1. That the chief of police intends to suspend or revoke the license or permit;
2. The reasons for the proposed suspension or revocation;
3. The effective date and time of such suspension or revocation;
4. The licensee or manager’s right to request a hearing before the chief of police, provided such request is made in writing and is received by the chief of police by five p.m. on the tenth day following the licensee or permit holder’s receipt of the notice; and
5. The licensee or manager’s right to challenge the intended action, to confront the charges, and to present evidence on his or her behalf at the hearing.
B. If the chief of police does not receive a written request for a hearing from the licensee or manager within the time period specified above, the chief of police may suspend or revoke the license or permit without any further notice or proceedings. Such suspension or revocation shall be final and not subject to appeal.
C. If the chief of police receives a written request for a hearing from the licensee or manager within the time period specified above, the chief of police shall conduct the hearing and shall render a decision not later than thirty days from the conclusion of the hearing. The decision shall be in writing and shall be personally served upon the licensee or manager or delivered by postage prepaid, first class mail. The decision of the chief of police may be appealed to the city council, provided written notice of the appeal is received by the city clerk by five p.m. on the tenth day following the date of receipt of the decision by the licensee or manager. If notice of the appeal is not received by the city clerk within such time period, the decision of the chief of police shall be final and not subject to further appeal.
D. If notice of the appeal is received by the city clerk within such time period, the city council shall hear the appeal and shall uphold, overrule, or modify the decision of the chief of police. The decision of the city council shall be final and shall not be subject to appeal. (Ord. 1528 §1(part), 1995).