CHAPTER 4.36
BINGO
SECTION:
4.36.040: Application For License
4.36.050: Term Of License And Fees
4.36.060: Application Investigation
4.36.070: License Nontransferable
4.36.090: Inspection Authorized
4.36.100: Profit Or Wages Prohibited
4.36.110: Application Denial; License Suspension Or Revocation
4.36.010 AUTHORIZATION:
This chapter is adopted pursuant to section 19 of article IV of the California constitution in order to make the game of bingo lawful under the terms and conditions in the following sections of this chapter. (1972 Code § 9.48.010)
4.36.020 DEFINITIONS:
Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section:
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BINGO: |
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 selected at random. |
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MINOR: |
Any person under the age of eighteen (18) years. |
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ORGANIZATION, NONPROFIT, CHARITABLE: |
An organization exempted from the payment of the bank and corporation tax by California Revenue and Taxation Code section 23701d, and a contribution or gift to which would be a charitable contribution under section 170(c)(2) of the internal revenue code of 1954. (1972 Code § 9.48.020) |
4.36.030 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 acting on behalf of such nonprofit, charitable organization and has been issued a license as provided by this chapter. (1972 Code § 9.48.030)
4.36.040 APPLICATION FOR LICENSE:
Application for license shall be made to the chief of police on forms prescribed by the chief of police, and shall be filed not less than ten (10) days prior to the proposed date of any bingo game or games. Such application 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, to the extent such dates are known at the time of the filing of the application;
C. Proof that the organization is a nonprofit, charitable organization as defined by this chapter. (1972 Code § 9.48.040)
4.36.050 TERM OF LICENSE AND FEES:
A. Term: The term of a bingo license is twelve (12) months any time within one year from its date of issuance, upon application therefor.
B. License Fees: The fee for a bingo license shall be twenty five dollars ($25.00). The fee for renewal shall be ten dollars ($10.00).
C. Use Of Funds; Exception To License Requirement: The appropriate fee shall accompany the submission of each application, is nonrefundable, and shall be used to defray the cost of the issuance of the license; provided however, that if the application is for a license to conduct bingo games only during one twelve (12) hour period during one twelve (12) month period, no fee shall be charged, and no fee need accompany the application. (1972 Code § 9.48.050)
4.36.060 APPLICATION INVESTIGATION:
A. Conducting Investigation: Upon receipt of an application for a license, the chief of police may send copies of such application to any office or department which the chief of police deems essential in order to carry out a proper investigation of the applicant.
B. Examine Application, Character Of Applicant, Premises: The chief of police 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.
C. Approval; License Issuance: Upon approval of any application for a bingo license, the chief of police shall issue the license. (1972 Code § 9.48.060)
4.36.070 LICENSE NONTRANSFERABLE:
Each license issued under the provisions of this chapter shall be issued on behalf of a specific nonprofit, charitable organization to conduct a bingo game and shall in no event be transferable from one such organization to another nor from one location to another. (1972 Code § 9.48.070)
4.36.080 LIMITATIONS:
A. Own Or Lease Property: A nonprofit, charitable organization shall conduct a bingo game only on property both owned and 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.
B. Minors Prohibited: No minors shall be allowed to participate in any bingo game.
C. Open To Public: All bingo games shall be open to the public, not just to the members of the nonprofit, charitable organization.
D. Operation By Members Only: A bingo game shall be operated and staffed only by members of the nonprofit, charitable organization which organized it. Such members shall be approved by the chief of police 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.
E. Financial Interest In Games: 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 games.
F. Profits In Special Fund: 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 thirty (30) days after the bingo game is held, the applicant will file with the chief of police a full and complete financial statement of all monies collected and disbursed and the amount remaining for charitable purposes.
G. Physical Presence Required: 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.
H. Value Of Prizes: The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or in kind, or both, for each separate game which is held.
I. Hours: No bingo game shall be conducted between the hours of twelve o’clock (12:00) midnight and eight o’clock (8:00) A.M. (1972 Code § 9.48.080)
4.36.090 INSPECTION AUTHORIZED:
A. Free Access By Police: Any peace officer of the city shall have free access to any bingo game licensed under this chapter.
B. License And List Of Staff: The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game. (1972 Code § 9.48.090)
4.36.100 PROFIT OR WAGES PROHIBITED:
It is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter. (1972 Code § 9.48.120)
4.36.110 APPLICATION DENIAL; LICENSE SUSPENSION OR REVOCATION:
A. Grounds For Suspension Or Revocation: The chief of police may deny an application for a bingo license, or suspend or revoke a license if he finds the applicant or licensee or any agent or representative thereof has:
1. 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
2. Violated any of the provisions of this chapter.
B. Notice: If after investigation the chief of police determines that a bingo license should be suspended or revoked or an application for such license denied, he shall prepare a notice of suspension, revocation or denial of application setting forth the reasons 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.
C. Appeal: Any person who has had an application for a bingo license denied by the chief of police or who has had a bingo license suspended or revoked by the chief of police may appeal that decision in the manner provided in this chapter. (1972 Code § 9.48.100)
4.36.120 APPEAL PROCEDURE:
Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section:
A. Within fifteen (15) calendar days after the date of any denial, suspension, revocation or other decision of the chief of police, 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.
B. Hearing:
1. Upon receipt of such written appeal, the city clerk shall set the appeal for a hearing before the city council.
2. The hearing shall be set within thirty (30) days after the date of filing of the appeal with the city clerk.
3. At least one week prior to the date of the hearing on the appeal, the clerk shall notify the appellant and chief of police of the date and place of the hearing.
4. At such hearing, the chief of police and the appellant may present evidence relevant to the denial, suspension, revocation or other decision of the chief of police.
5. The formal rules of evidence applicable in a court of law shall not apply to such hearing.
C. Council Action:
1. At the conclusion of the hearing, the city council may uphold the denial, suspension, revocation or other decision of the chief of police, or the city council may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other chief’s decision which is the subject of the appeal.
2. The decision of the city council is final. (1972 Code § 9.48.110)