Chapter 4.22
BINGO PARLORS
Sections:
4.22.005 Definitions – Generally.
4.22.010 Definitions – “Bingo parlor.”
4.22.015 Definitions – “Bingo.”
4.22.017 Definitions – “Bingo session.”
4.22.025 Contents of the application.
4.22.040 Application for permits.
4.22.050 Suspension or revocation of permits.
4.22.055 Records – Compliance examination and inspection.
4.22.057 Retention of records.
4.22.065 Limitation on parlor owner involvement in bingo.
4.22.070 Prohibition of financial interest in bingo.
4.22.080 Temporary suspension of license pending opportunity for hearing.
4.22.085 Notice of temporary suspension and appeal – Appeal of underlying suspension or revocation.
4.22.100 Receipt of profit by a person and penalty for violation of this chapter.
4.22.000 Purpose.
In recent years, there has been a proliferation of bingo parlors in the region, resulting in multiple organizations licensed to conduct bingo in accordance with EGMC Chapter 4.21 and conducting bingo games at a single commercial location. Competition for the bingo player and the bingo dollar has increased between charitable organizations conducting bingo games. High rents and overhead and increased promotional expenditures have reduced the charitable organizations’ profits derived from bingo games, thereby resulting in a substantial decrease in the profits available for charitable purposes.
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 EGMC Chapter 4.21, encourages the maximum use of bingo proceeds and profits 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 organizations with respect to the operation and management of bingo games in the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.005 Definitions – Generally.
As used in this chapter, the terms identified by EGMC Sections 4.22.010 through 4.22.017 shall be ascribed the meanings indicated. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.010 Definitions – “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 (2) or more organizations possessing a special business license pursuant to EGMC Chapter 4.21, within or upon which bingo games sponsored by the licensed organizations are conducted. 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 bingo games by two (2) or more licensed organizations. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.015 Definitions – “Bingo.”
As used in this chapter, the term “bingo” shall be deemed to mean a game of chance as specifically defined in EGMC Section 4.21.010. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.017 Definitions – “Bingo session.”
As used in this chapter, the term “bingo session” shall be deemed to mean the same as specifically defined in EGMC Section 4.21.017. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.020 License required.
No person shall, unless under and by authority of a valid, unrevoked and unexpired special business license issued pursuant to the provisions of this chapter, 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 special business license, supervises, directs, organizes, controls or is in any way responsible for or in charge of a bingo parlor for which a special business license is required. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.025 Contents of the application.
In addition to the matters prescribed by EGMC Section 4.10.030, an application for a special business license 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 EGMC Chapter 4.21;
B. A description of all uses which any organization licensed pursuant to EGMC Chapter 4.21 shall make of the bingo parlor premises; and
C. A detailed description of the facility, services, resources and security personnel which the licensee shall provide to each organization licensed pursuant to EGMC Chapter 4.21 which shall operate or conduct a bingo game at the bingo parlor. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.030 Issuance.
The Chief of Police shall issue a special business license unless:
A. One (1) or more of the findings set forth in EGMC Section 4.10.040 is made;
B. The bingo parlor has violated, or will be conducted, operated or managed in a manner which violates Section 326.5 of the Penal Code, this chapter, City regulations adopted pursuant to this chapter, or any other applicable State of California, City of Elk Grove, Federal law, or administrative rule or regulation; or
C. The applicant holds a current license under EGMC Chapter 4.21 or 4.23. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.035 Employee permits.
No person shall work in a bingo parlor as a bingo parlor manager and no person who holds a special business license authorizing operation of a bingo parlor shall employ any person as a bingo parlor manager unless such person possesses a valid employee permit or a special business license issued pursuant to the provisions of EGMC Chapter 4.10 and this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.040 Application for permits.
In addition to the matters prescribed by EGMC Section 4.10.080, 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. This 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 plea of nolo contendere. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.045 Issuance of permit.
Upon receipt of an application for an employee permit to serve as a bingo parlor manager, the Chief of Police shall conduct such investigation pursuant to EGMC Section 4.10.085 as is deemed necessary. The Chief of Police shall issue the permit pursuant to EGMC Section 4.10.090 unless he or she finds any of the following:
A. That the application fails to contain information required by the Chief of Police or EGMC Section 4.22.040, or is otherwise incomplete;
B. That information contained in the application is false or otherwise inaccurate;
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 Section 1203.4 of the California Penal Code, 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 there is a substantial risk that the applicant may 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.
Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01, et seq., of the California Penal Code or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Section 4852.05 of the California Penal Code; or
D. That the applicant has violated or is in noncompliance with any of the provisions of this chapter, Section 326.5 of the Penal Code, City regulations adopted pursuant to this chapter, or any other applicable State of California, City of Elk Grove, Federal law, or administrative rule or regulation. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.050 Suspension or revocation of permits.
An employee permit may be revoked or suspended pursuant to EGMC Section 4.10.140 upon any of the following grounds:
A. Violation of any of the duties, terms, conditions, requirements or prohibitions contained in this chapter, in the City regulations adopted pursuant to this chapter, Section 326.5 of the Penal Code, or any other applicable State of California, City of Elk Grove, Federal law, or administrative rule or regulation;
B. Violation of any duties, terms, conditions, requirements or prohibitions imposed by EGMC Chapter 4.02 or 4.10;
C. Misrepresentation of a material fact contained in the application for the permit; or
D. The Chief of Police has acquired information supporting a finding as described by EGMC Section 4.22.045(C) in relation to the holder of the permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.055 Records – Compliance examination and inspection.
A. The parlor licensee shall keep full and accurate records of the income received and expenses disbursed in connection with its operation and conduct of a bingo parlor, and as necessary to determine or establish compliance with the provisions of this chapter, City regulations adopted pursuant to this chapter, Section 326.5 of the Penal Code, or any other applicable State of California, City of Elk Grove, Federal law, or administrative rule or regulation. The records shall be of such types and maintained in such manner as may be prescribed by the Chief of Police and when not so prescribed, shall be of such types and maintained according to the requirements of generally accepted principles of accounting.
B. The Chief of Police or any other authorized representative of the City shall have the right to inspect, conduct a compliance examination, review, audit, or photocopy parlor licensee records as described in subsection (A) of this section at any reasonable time and the license holder shall fully cooperate by making such records and photocopies thereof available to the Chief of Police upon demand. The licensee shall deliver the records for the purpose of a compliance examination, review, audit, inspection, or for photocopy to the office of the Chief of Police during reasonable hours upon demand of the Chief of Police.
C. Compliance examinations shall be conducted by the Chief of Police of parlor licensee records described in subsection (A) of this section not less frequently than annually, for each twelve (12) months of each licensee’s operation.
D. Records described in subsection (A) of this section shall be subject to disclosure only pursuant to:
1. Any suspension, revocation or other proceeding conducted under this chapter or the City regulations adopted pursuant to this chapter; or
2. Any civil or criminal investigation conducted by the Chief of Police, the District Attorney, the Grand Jury or the City Attorney. For all other purposes, the records shall be kept confidential by the Chief of Police, as custodian of those records. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.057 Retention of records.
The parlor licensee shall keep and preserve the records described in EGMC Section 4.22.055(A) for the following period of time, whichever occurs later:
A. Three (3) years;
B. Until completion of a compliance examination; or
C. Until the administrative or judicial appeal process, whichever is applicable, is final, if the license has been suspended, revoked, or a renewal denied. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.060 Hours of operation.
It shall be unlawful for any bingo parlor to operate or remain open for purposes of conducting bingo games between the hours of 2:00 a.m. and 10:00 a.m. of the same day. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.065 Limitation on parlor owner involvement in bingo.
The licensee shall not organize, manage, supervise, conduct, control or otherwise participate in or influence either the operation of any bingo game conducted at the bingo parlor or the promotion thereof. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.070 Prohibition of financial interest in bingo.
With the exception of revenue generated by any business or enterprise for which a special business license 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. Rent or other costs for the bingo parlor is adjusted based on the profits, losses or tax exempt status of any organization licensed under EGMC Chapter 4.21;
B. The licensee absorbs, assumes, shares or otherwise participates in the losses or profits of any bingo game conducted by any organization licensed under EGMC Chapter 4.21; or
C. The licensee maintains an accounts receivable for an organization licensed under EGMC Chapter 4.21 for rent amounts or other costs owed to the bingo parlor, except for amounts owed by such organization from a previous day of bingo operation which are paid before the next day of bingo operation. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.080 Temporary suspension of license pending opportunity for hearing.
The Chief of Police shall have the authority to temporarily suspend the parlor’s license by ordering in writing that the licensee immediately cease and desist any further operations of the parlor pending expiration of the time for appeal or exhaustion of an appeal pursuant to the provisions and notice procedure of EGMC Section 4.10.145 if the Chief of Police finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health or safety of the public caused by exercise of the license, and one (1) of the following occurs:
A. The parlor licensee is conducting its operation in violation of any of the provisions of this chapter, Section 326.5 of the Penal Code, the City regulations adopted pursuant to this chapter, or any other applicable State of California, City of Elk Grove, Federal law, or administrative rule or regulation;
B. The parlor licensee has not made available for the conduct of a compliance examination, audit, review, inspection, or for photocopying, at any reasonable time upon the demand of the Chief of Police, all records necessary to determine or establish compliance with the provisions of this chapter, City regulations adopted pursuant to this chapter, Section 326.5 of the Penal Code, any other applicable State of California, City of Elk Grove, Federal law, or administrative rule or regulation; or
C. The parlor licensee has not kept records as prescribed by the Chief of Police, this chapter, Section 326.5 of the Penal Code, City regulations adopted pursuant to this chapter, or any other applicable State of California, City of Elk Grove, Federal law, or administrative rule or regulation; or has not kept records necessary to determine compliance with applicable laws and administrative rules and regulations pursuant to generally accepted principles of accounting when such records are not prescribed to be kept in any specific manner or type by the Chief of Police, this chapter, City regulations adopted pursuant to this chapter, Section 326.5 of the Penal Code, or any other applicable State of California, City of Elk Grove, Federal law, or administrative rule or regulation. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.085 Notice of temporary suspension and appeal – Appeal of underlying suspension or revocation.
A. The temporary suspension shall be effective no sooner than twenty-four (24) hours following the time and date of delivery of the notice thereof as is provided in EGMC Section 4.10.145 and the procedures for appeal and notice of temporary suspension shall be as prescribed in EGMC Section 4.10.145.
B. Upon timely request by the licensee, the appeal hearing process and related procedures of the revocation or suspension of its license pursuant to EGMC Section 4.10.135 shall proceed pursuant to the provisions of EGMC Sections 4.10.115 through 4.10.155. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.090 Operating and conducting business at the bingo parlor after temporary suspension or suspension.
Any person(s) who continues to operate and conduct the business of a bingo parlor after temporary suspension pursuant to EGMC Section 4.22.080, or suspension pursuant to EGMC Section 4.10.135, is guilty of a misdemeanor. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]
4.22.100 Receipt of profit by a person and penalty for violation of this chapter.
A. It is a misdemeanor under Section 326.5(b) of the Penal Code for any person to receive or pay a profit, wage or salary from any bingo game authorized under this chapter. Payment received by a parlor licensee for rent or lease of a parlor facility or other costs of the parlor related to bingo from a bingo licensee licensed pursuant to EGMC Chapters 4.10 and 4.21 shall not be deemed a violation of this section. A violation of this prohibition is punishable by a fine not to exceed Ten Thousand and no/100ths ($10,000.00) Dollars payable to the general fund of the City of Elk Grove.
B. A violation of any of the provisions of this chapter, City regulations adopted pursuant to this chapter, Section 326.5 of the Penal Code, or any other applicable State of California, City of Elk Grove, Federal law, or administrative rule or regulation shall be grounds for the Chief of Police to suspend, revoke, or deny the renewal of a special business license to conduct a bingo parlor issued pursuant to the provisions of this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]