Chapter 5.54
BINGO GAMES
5.54.030 Organizations permitted to conduct bingo games.
5.54.040 Rules and regulations pertaining to bingo games.
5.54.070 Application for permit.
5.54.080 Authority of and investigation by chief of police.
5.54.090 Additional conditions and restrictions.
5.54.100 Other investigations.
5.54.130 Permits—Nontransferable.
5.54.140 Suspension or revocation.
5.54.150 Notice and hearing on revocation or suspension.
5.54.160 Enjoining violations.
5.54.170 Violations and penalties.
5.54.010 Authority.
Pursuant to the authority provided in Section 19(c), Article IV, of the California State Constitution and Section 326.5 of the California Penal Code, the city establishes the following requirements for the conduct of bingo games by organizations of the type described in said Section 326.5 of the California Penal Code. (Ord. 973 § 1 (part), 1982).
5.54.020 Bingo defined.
As used in this chapter, the term "bingo" shall have the meaning ascribed to that term in Section 326.5 of the California Penal Code. (Ord. 973 § 1 (part), 1982).
5.54.030 Organizations permitted to conduct bingo games.
Upon the issuance of a permit under the provisions of this chapter, any organization of a type described in Section 326.5 of the California Penal Code shall be entitled to conduct bingo games within the city. (Ord. 973 § 1 (part), 1982).
5.54.040 Rules and regulations pertaining to bingo games.
Any bingo game conducted pursuant to a permit issued under the provisions of this chapter shall be held in strict accordance with the provisions of Section 326.5 of the California Penal Code. (Ord. 973 § 1 (part), 1982).
5.54.050 Hours of operation.
Any bingo game conducted under the provisions of this chapter shall be conducted only during the hours of noon to two a.m. (Ord. 973 § 1 (part), 1982).
5.54.060 Permit required.
No person or organization shall conduct a bingo game within the city without first obtaining a permit to do so from the chief of police. (Ord. 973 § 1 (part), 1982).
5.54.070 Application for permit.
Written application for a permit to conduct a bingo game under the provisions of this chapter shall be made under penalty of perjury and shall be filed with the chief of police. Such application shall contain:
(1) The name of the organization desiring to obtain such permit and the names and addresses of all officers of the organization;
(2) The days and hours of operation of any bingo game;
(3) Attached copies of certificates or letters evidencing the exempt status of the organization and its entitlement to conduct bingo games under the provisions of this chapter;
(4) The address of the premises where the bingo games will be conducted;
(5) A statement whether the applicant is the owner or lessee of the property on which the bingo game shall be conducted or whether the use of such property was donated to the organization;
(6) The name of each person, individual corporation, partnership or other legal entity which has a financial interest in the conduct of the bingo game;
(7) The name of the person responsible for the actual operation of the bingo game. (Ord. 973 § 1 (part), 1982).
5.54.080 Authority of and investigation by chief of police.
The chief of police shall have the authority to make such investigation as he deems necessary to determine whether the applicant or the operator of the proposed bingo game has been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude. If it is determined that the applicant or any person who will operate such bingo game has been convicted of such crime within the past five years, the chief of police may refuse to issue a permit hereunder. In addition, the chief of police may refuse to issue a permit hereunder if the chief determines that the operation of the bingo game by the organization would violate any provision of this chapter or of Section 326.5 of the California Penal Code or any other provision of law. (Ord. 973 § 1 (part), 1982).
5.54.090 Additional conditions and restrictions.
If a permit is approved hereunder, the chief of police may include such conditions and restrictions in the permit as the chief of police deems to be reasonable and necessary to ensure compliance with the purposes and intent of this chapter. (Ord. 973 § 1 (part), 1982).
5.54.100 Other investigations.
The permittee shall immediately report to the chief of police any change in the nature of the organization or in the staff operating or assisting in the operation of any bingo game for which a permit has been issued hereunder. Upon receiving notice of any such change, the chief of police may conduct such investigation as he deems appropriate under the circumstances to assure that there is no violation of the provisions of this chapter or the provisions of Section 326.5 of the California Penal Code. (Ord. 973 § 1 (part), 1982).
5.54.110 Fees.
Fees for the issuance of a permit hereunder shall be set by resolution of the city council. In adopting such fees, the city council may establish different fees depending upon the number or frequency of such bingo games; provided, however, that nothing herein shall permit the city council to impose a fee greater than that permitted by Section 326.5 of the California Penal Code. (Ord. 973 § 1 (part), 1982).
5.54.120 Term of permit.
Any permit granted under the terms of this chapter shall be for one year unless a shorter term is specified in the permit when issued by the chief of police. Upon expiration of any permit issued under the provisions of this chapter, written application for renewal of such permit shall be made to the chief of police at least one month prior to the expiration date. (Ord. 973 § 1 (part), 1982).
5.54.130 Permits—Nontransferable.
Permits issued under the provisions of this chapter shall not be transferable, either as to permittee or location. Any attempt to transfer shall render the permit invalid. (Ord. 973 § 1 (part), 1982).
5.54.140 Suspension or revocation.
Any permit issued under the provisions of this chapter may be suspended or revoked by the chief of police if the conduct of such bingo game is in violation of any provision of this chapter or any provision of Section 326.5 of the California Penal Code or is otherwise injurious to the health, safety, and morals of the people of the city. (Ord. 973 § 1 (part), 1982).
5.54.150 Notice and hearing on revocation or suspension.
The permittee shall be given prompt notice of any revocation or suspension of any permit issued hereunder and shall immediately desist from conducting or operating the bingo game. Said notice shall fix a time and place, not less than five days nor more than thirty days after service thereof, at which time the holder of said permit may appear before the city council to appeal from the revocation or suspension by the chief of police. Determination by the city council shall be final. Any organization whose permit is revoked after such hearing may not apply for a new permit to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the grounds for revocation are cancellation of the exemption granted to such organization under the provisions of Section 23701(d) of the Revenue and Taxation Code or other provision of law, such organization may apply for reissuance of a permit upon proof of reinstatement of said exemption. (Ord. 973 § 1 (part), 1982).
5.54.160 Enjoining violations.
The city may bring an action in a court of competent jurisdiction to enjoin any violation of the provisions of this chapter or the provisions of Section 326.5 of the California Penal Code. (Ord. 973 § 1 (part), 1982).
5.54.170 Violations and penalties.
(a) It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and upon conviction thereof is punishable by a fine of two hundred fifty dollars.
(b) Each and every violation of any provisions of this chapter shall be deemed to be a separate offense and shall be punishable as provided in this section. (Ord. 1247 (part), 1999; Ord. 1160 § 10, 1993).