Chapter 5.24
BINGO GAMES
Sections:
5.24.010 Bingo games permitted.
5.24.020 Application for permit.
5.24.040 Contents of application.
5.24.050 Investigation of applicant.
5.24.060 Contents of the permit.
5.24.070 Change in conditions or status.
5.24.100 Intoxicated persons and minors not to participate.
5.24.110 Conditions or limitations placed upon permits.
5.24.120 Examination of records.
5.24.130 Revocation or suspension of permits.
5.24.010 Bingo games permitted.
Bingo games may be conducted within the city, provided that the organization conducting each such game holds a valid permit issued in accordance with this chapter and provided, further, that each such game is conducted in compliance with the terms and conditions of the permit and the requirements of this chapter and Section 326.5 of the California Penal Code, as it now exists or may hereafter be amended. Bingo as used in this chapter has the same meaning as the word “bingo” as defined in Penal Code Section 326.5. (Ord. 471 § 1(part), 1987).
5.24.020 Application for permit.
Any person desiring to obtain a permit for the conduct of any bingo game within the city shall submit a written application to the police department of the city, together with the appropriate fee as established by resolution of the city council. (Ord. 471 § 1(part), 1987).
5.24.030 Fees for permit.
The city council, by resolution, may adopt, and revise from time to time, a schedule of fees for the processing of permit applications for the conduct of bingo games. (Ord. 471 § 1(part), 1987).
5.24.040 Contents of application.
A. Each application for a permit to conduct bingo games shall contain the following information:
1. The name of the applicant;
2. The residential and mailing addresses of the applicant;
3. A statement that the applicant is eligible to conduct bingo games in accordance with California Penal Code Section 326.5, as well as satisfactory proof of such eligibility;
4. If the applicant is an organization, the name and signature of at least two officers, including the presiding officer, of such organization, as well as a resolution of the governing body of such organization authorizing the conduct of any and all bingo games proposed by the application;
5. The name and signature of the person or persons who will actually conduct each and every bingo game proposed by the permit;
6. The street number or other clear and specific identification of the location at which the bingo games proposed in the application would be conducted and, in addition, a statement of the maximum capacity of the place in which such bingo games would be conducted;
7. The days of the week and hours of the day proposed for conduct of such bingo games, and the period of time for which the permit is requested;
8. The name and address of the custodian of the financial records of the applicant, and the location of such records;
9. A statement that the applicant agrees to conduct every bingo game in strict conformity with the regulations and requirements set forth in California Penal Code Section 326.5 and this chapter;
10. Such other information as may be required by the chief of police.
B. The contents of the application shall be affirmed and verified under penalty of perjury. (Ord. 471 § 1(part), 1987).
5.24.050 Investigation of applicant.
Upon receipt of the completed application and required fee, the police department shall refer the application to affected city departments for verification of the statements in the application and for obtaining any and all recommendations as to whether the permit should be granted. Upon receipt of such verifications and any recommendations and completion of any further investigation deemed necessary, the chief of police shall, in accordance with criteria set forth in Penal Code Section 326.5 and this chapter, either grant, grant with conditions, or deny the permit. No permit shall be granted for a period longer than one year. If the permit is denied, the chief of police shall state in writing to the applicant the reasons for the denial. Any decision of the chief of police may be appealed by any person to the city council as long as the appeal and the reasons therefor are reduced to writing and submitted to the city clerk within ten days of receipt by the applicant of the decision of the chief of police. The appeal will be set for the city council meeting next following receipt of the written appeal. (Ord. 471 § 1(part), 1987).
5.24.060 Contents of the permit.
Each bingo permit issued under the provisions of this chapter shall contain the following information:
A. The name and address of the organization to whom the permit is issued and the grounds for the eligibility of such organization to conduct bingo games, as such eligibility is set forth in California Penal Code Section 326.5(a);
B. The name and address of each person who has been authorized to actually conduct the bingo games on behalf of the permit holder;
C. The location or locations at which the bingo games are authorized to be conducted;
D. The maximum authorized occupancy capacity of each place at which the bingo games are authorized to be conducted;
E. The date of expiration of the permit;
F. Such other information, including, but not limited to, the conditions and limitations upon the conduct of bingo games, as may be determined by the chief of police.
The permit shall be posted in a conspicuous place at the location during the operation of the bingo games. (Ord. 471 § 1(part), 1987).
5.24.070 Change in conditions or status.
A. During the term of the permit, the permit holder must maintain its eligibility to hold such permit.
B. Immediately upon any change in the information set forth in the permit application or in the permit itself, the permit holder must report such change to the chief of police. If the chief of police determines that such change does not constitute a significant change in the manner or terms of conduct of such games and does not affect the eligibility of the permit holder, the chief of police may issue an amended permit without charge. Failure to report such change in information shall constitute cause for revocation of the permit. (Ord. 471 § 1(part), 1987).
5.24.080 Renewal of permit.
An application to renew an existing one-year permit may be submitted, together with the fee for such renewal as established by the city council, to the police department not earlier than forty-five days prior to the expiration date of the existing permit. Unless there are substantial changes in the application, a renewal application for an existing one-year permit may be submitted on a short form, which verifies and affirms the information contained in the previously approved application and any reported changes that have occurred during the period the permit has been in existence. (Ord. 471 § 1(part), 1987).
5.24.090 Hours of operation.
No bingo games may be conducted for a duration greater than six hours during any twenty-four hour period. No bingo game may be conducted between two a.m. and ten a.m. of any day. (Ord. 471 § 1 (part), 1987).
5.24.100 Intoxicated persons and minors not to participate.
No person who is obviously intoxicated or is under the age of majority may be allowed to participate in any bingo game. (Ord. 471 § 1(part), 1987).
5.24.110 Conditions or limitations placed upon permits.
The chief of police may place upon any permit issued under authority of this chapter such conditions and limitations upon the activities conducted pursuant to such permit as the chief of police may determine are necessary to protect the health, safety and general welfare of any persons or property at or in the vicinity of the activity. (Ord. 471 § 1(part), 1987).
5.24.120 Examination of records.
The city, by and through its employees, shall have the right at any time to examine and audit the permit holder’s records relating to its bingo game operations and the permit holder shall fully cooperate with the city and its employees by making such records available upon the city’s request therefor. (Ord. 471 § 1(part), 1987).
5.24.130 Revocation or suspension of permits.
The chief of police may revoke, suspend, or condition a previously issued bingo permit for any of the following causes:
A. The permittee is ineligible to hold the permit;
B. The permit application contains one or more false, misleading, or fraudulent statements;
C. Bingo games authorized by the permit have been conducted in violation of a condition or requirement of the permit, or this chapter, or Section 326.5 of the Penal Code;
D. There has been one or more violations of federal, state or city law committed at the location of the bingo games in conjunction or associated with the operation of the bingo games, or the bingo games and the accompanying activities have become detrimental to the health, safety or welfare of the residents of the city.
Should the chief of police take action under the provision of this section, he shall provide the permittee with a written statement of the action taken, the effective date of the action, the facts relied upon for such action, and a notice that the permittee may, within ten days of receipt of the statement, file with the city clerk a written appeal of the action to the city council. The written appeal shall state each ground and fact relied upon by the permittee to support its contention that the action of the chief of police should be reversed or modified. The appeal shall be scheduled for council review at the earliest practical time.
The foregoing authority of the chief of police is in addition to the authority of the city to cite and prosecute a permit holder for any violation of law or to bring an action to enjoin the operation of the bingo games or to enjoin any violation of this chapter or Penal Code Section 326.5. (Ord. 471 § 1(part), 1987).