Chapter 5.75
BINGO
Sections:
5.75.030 Chapter not exclusive.
5.75.040 Authority to regulate bingo.
5.75.060 Eligible organizations.
5.75.070 Application for license required – Appeals from denial.
5.75.080 Exclusive operation by members of the licensee organization.
5.75.090 Definition of member or licensee organization.
5.75.100 Access to criminal history information.
5.75.110 Financial interest in licensee organization only.
5.75.120 Licenses not transferable.
5.75.130 Bingo games to be conducted on licensee organization’s property.
5.75.140 Suppliers and distributors.
5.75.150 Profits to be kept in a separate fund or account – Records.
5.75.160 Posting of operation rules.
5.75.180 License fee – Enforcement fees.
5.75.190 Licensee organization’s submittal of financial records.
5.75.200 Days and hours of operation – Inactive license.
5.75.210 Maximum amount of prizes – Paid receipt required for payout.
5.75.220 Bingo games open to the public –Capacity limits.
5.75.230 Participant must be present.
5.75.240 Minors not to participate.
5.75.250 No alcoholic beverages to be served or intoxicated persons to work or participate.
5.75.260 No credit to be extended to players.
5.75.270 Suspension and revocation of bingo permit.
5.75.280 Notice and hearing on suspension and revocation.
5.75.010 Purpose and intent.
This chapter was originally adopted, and is hereby amended, pursuant to the authority granted by Section 19(c) of Article IV of the Constitution of the State of California and Section 326.5 of the California Penal Code. The decision whether or not to permit bingo is a discretionary decision specifically granted to cities and counties by said provisions of the California Constitution and Penal Code. Although all bingo activities are to be conducted in compliance with Penal Code Section 326.5, contained within the local entity’s discretionary authority to permit (or to prohibit) bingo is the authority of the local entity to determine the manner in which bingo may be operated within its jurisdictional boundaries.
It is the purpose of this chapter to authorize the playing of the game of chance generally known as “bingo” subject to and pursuant to Penal Code Section 326.5 and this chapter. Definitions, powers, conditions, and restrictions set forth in this chapter are intended to comply with and implement applicable California Constitution and Penal Code provisions. In the event of violations of the Penal Code and/or this chapter, the City reserves the right to use the injunctive remedy authority granted by Penal Code Section 326.5(d). To the extent that any provision of this chapter is substantially the same as that contained in Section 326.5 of the Penal Code, and violation thereof is deemed to be a violation of the Penal Code (and punishable thereunder), such provision of this chapter shall be deemed explanatory only.
Bingo operations serve as an important revenue source for eligible organizations, as defined in Penal Code Section 326.5(a). In turn, these eligible organizations provide a community benefit with their bingo revenue because the receipts from bingo games are mandated by State law to be used only for charitable purposes. Accordingly, it is in the best interest of the City with respect to public safety and convenience to regulate the bingo operations by providing certain standards for the conduct of such games and providing licensing and financial accountability procedures as set forth in this chapter. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.1).
5.75.020 Defined.
Pursuant to Penal Code Section 326.5(o), “bingo” or “bingo game(s)” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card that conform to numbers or symbols selected at random. Although “cards” colloquially refers to a cardboard card with twenty-five (25) small plastic windows that slide, it is permissible for a “card” to be a sheet of paper with multiple card faces pre-printed on it. Commonly, each individual sheet has six (“six-on”) or nine (“nine-on”) bingo card faces pre-printed on it.
Electronic bingo aids are also permissible. “Electronic bingo aid” means any mechanical, electronic, electromechanical or computerized aid (including related hardware and software) that is interfaced with or connected to equipment used to conduct a game of bingo and which allows a player to store, display, and mark a bingo face card five spaces wide by five spaces long, the center space free, and the other spaces containing pre-printed numbers occurring between one and seventy-five (75), inclusive. The electronic bingo aids must be used in conjunction with bingo cards and may be used to assist a bingo player in participating in bingo games if all of the following conditions are complied with:
(a) The particular type of electronic bingo aid proposed to be used has been demonstrated to, inspected by, and approved by the City’s Police Department.
(b) Repealed by Ord. 1783 § 3, 9-16-03.
(c) A maximum of two electronic bingo aids may be used by any bingo player during a bingo session. A player may be provided with one electronic bingo aid with a maximum of one hundred forty-four (144) cards; or two electronic aids with a maximum of seventy-two (72) cards each.
(d) The electronic bingo aids shall be distributed for play on a totally random basis. The bingo player is prohibited from selecting the electronic bingo aid. The electronic bingo aid is not to be removed from the premises except for repair. A record will be maintained of all electronic bingo aids removed from the premises, the business entity and site address to which they were taken, and the return date.
(e) Prior to being given physical possession of the electronic bingo aid, the bingo player must pay for the appropriate number of games to be programmed into the electronic bingo aid and receive a receipt indicating the amount paid and the number of games activated in the electronic bingo aid. In addition, the bingo player must maintain in his/her possession cards or sheets of paper corresponding exactly to the bingo number pattern for each card face entered into the electronic bingo aid. The electronic bingo aid may produce the sheets of paper containing the bingo number pattern for each cardface for the games to be played.
(f) Electronic bingo aids are permitted as means of assisting the bingo player to mark, process by computer or otherwise register, record or process numbers selected at random on any bingo card. They shall not be a complete substitute for bingo cards.
(g) The electronic bingo aid or game/device system must have capability so that the Police Department has on-demand system access through the use of an authorized user code and password in order to perform its audit and regulatory duties.
(h) To prevent tampering, manufacturers of electronic bingo aids incorporating erasable programmable read-only memory modules (“EPROM”) and EPROM receptacle or similar logic storage and/or retrieval components must seal these modules and their associated circuitry to secure against unauthorized removal, additions, changes or other alterations.
(i) Manufacturers of electronic bingo aids must manufacture each electronic bingo aid to insure that it works with an accounting system that records and retains for a period of not less than three years, the serial number of each bingo card sold (it must be clear whether the card sheet is six-on, etc.), the price of each card sold, and the total amount of the electronic bingo aid proceeds from each session. This information must be secure and shall not be accessible for alteration. The electronic bingo aid system must be able to verify winning cards and to print them for posting. The electronic bingo aid’s capabilities and information must not be lost through power failure or other disruption during the session.
(j) If the Police Department detects or discovers any problem with the electronic bingo aid that affects the integrity of the bingo game, the Police Department may direct the manufacturer, distributor, or conductor to cease the sale, lease, or use of the electronic bingo aid, as applicable, in the city. The Police Department may require the manufacturer to correct the problem or recall the electronic bingo aid immediately upon notification by the Police Department to the manufacturer. If the manufacturer, distributor, or conductor detects or discovers any defect, malfunction, or problem with the electronic bingo aid, the manufacturer, distributor, or conductor, as applicable, shall immediately remove the electronic bingo aid from use or play and immediately notify the Police Department of such action.
Subject to the appeal procedures provided herein, violation of these rules shall result in the loss of the right to use electronic bingo aids or the revocation of the bingo license.
The game of bingo shall also include cards having numbers or symbols which are concealed and pre-printed (commonly referred to as “cherry bells” or “pull tabs” and referred to here as “pre-printed cards”) in a manner providing for distribution of prizes. The winning pre-printed cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game, and all such pre-printed cards shall bear the legend, ‘For sale or use only in a bingo game authorized under California law and pursuant to local ordinance.’ The pre-printed cards shall be sold only during the hours of operation of the licensee organization, and it is the responsibility of the game operators to ensure that pre-printed cards remain on the premises at all times. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99; Ord. 1783 §§ 2, 3, 9-16-03; Ord. 1806 § 1, 8-22-06. Formerly § 22-31.2).
5.75.030 Chapter not exclusive.
This chapter is not the exclusive regulation of bingo games within the city. It shall supplement and be in addition to other provisions of this Code, other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by this City, the State, or any legal entity or agency having jurisdiction including, but not limited to, the provisions of Penal Code Section 326.5, as amended, or any successor California code governing bingo. In addition, the Police Department will issue a Bingo Handbook which will set forth the administrative regulations governing bingo operations. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.3).
5.75.040 Authority to regulate bingo.
Neither Chapter 9 (entitled “Lotteries” commencing with Section 319) nor Chapter 10 (entitled “Gaming” commencing with Section 330) of Title 9 (commencing with Section 261) of the California Penal Code applies to any bingo game conducted in this city pursuant to this chapter. This chapter is enacted under authority granted by Section 19(c) of Article IV of the California Constitution and Section 326.5 of the California Penal Code. This chapter provides for licensing the conduct of bingo games operated by those organizations that meet the criteria established in California Penal Code Section 326.5. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.4).
5.75.050 License required.
It shall be unlawful for any person to conduct a bingo game without first obtaining a license from the City pursuant to this chapter, and paying the prescribed license fee. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.5).
5.75.060 Eligible organizations.
Pursuant to Penal Code Section 326.5(a), no person, as defined in SCCC 1.05.020, shall be eligible for a bingo permit unless such person is a mobile home park association or a senior citizens’ organization or an organization exempt from the payment of the bank and corporation tax by any one of the following: Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) or 23701(l) of the California Revenue and Taxation Code; and provided further, that the receipts of such games are used only for charitable purposes. For convenience of reference, organizations exempt because they qualify as a 23701(d) organization are sometimes referred to herein as “charitable organization(s).” All other exempt organizations (which include, for purposes of this chapter, mobile home park associations and senior citizens’ organizations) are sometimes referred to herein as “nonprofit organization(s).” Those organizations categorized as charitable organizations have less stringent restrictions imposed on the use of their bingo receipts than the restrictions imposed on nonprofit organizations. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.6).
5.75.070 Application for license required – Appeals from denial.
A written application for a license is required and shall be signed by the principal officer of the applicant under penalty of perjury and filed with the Chief of Police, or designee. The application shall contain:
(a) The name of organization; names, social security number, birth date, driver’s license (if current), phone number (business and home), addresses, and signatures of all the officers of the organization;
(b) Proposed days and hours of operation of bingo games;
(c) Copies of certificates or letters evidencing exempt status under the applicable section(s) of the California Revenue and Taxation Code from the Franchise Tax Board, as appropriate;
(d) Address of premises where bingo games will be conducted;
(e) Statement of ownership or a lease agreement relating to the proposed premises where the bingo games will be conducted;
(f) Purpose(s) for which premises are used by the organization;
(g) Statement of consent authorizing the Chief of Police, or a designee, to inspect the financial records required to be maintained by this chapter and/or any bank accounts containing profits derived from bingo games and the expenditures of said profits;
(h) Name(s), social security number, birth date, driver’s license (if current), phone number (business and home), and addresses of the person(s) responsible for the operation of the bingo games, their capacity within the organization, and their responsibilities with respect to the bingo operations;
(i) Name(s), social security number, birth date, driver’s license (if current), phone number (business and home), and addresses of the person(s) operating or assisting in the operation of the bingo games;
(j) A statement that the applicant agrees to conduct bingo games in strict accordance with provisions of Penal Code Section 326.5 and the provisions of this chapter, as either may be amended from time to time; and
(k) A financial statement of the organization, signed by a licensed certified public accountant, for the one-year period immediately preceding the application.
The Chief of Police, or designee, may refuse to issue a bingo license if, after consideration of the application and any other papers, records, and investigations he deems relevant, it is determined that the operation of a bingo game would be in violation of the California Penal Code, this chapter, or any City zoning or building law or regulation.
In the event of a denial of a license permit, the appeal procedures provided in Chapter 2.115 SCCC shall be applicable.
At all times that bingo games are played pursuant to the license granted hereunder, the organization so licensed shall maintain an affidavit under penalty of perjury which shall contain the current update of the information originally set forth in the application for the license. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99; Ord. 2007 § 16, 11-19-19. Formerly § 22-31.7).
5.75.080 Exclusive operation by members of the licensee organization.
Pursuant to Penal Code Section 326.5(h), the bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee organization shall operate such bingo game or participate in the promotion, advertising, supervision, or any other phase of the game. Penal Code Section 326.5(h) permits employment of security personnel who are not members of the licensee organization. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.8).
5.75.090 Definition of member or licensee organization.
Each licensee organization shall have written policies incorporated in its constitution, articles, by-laws, or other regulations setting forth the manner in which a person may become a bona fide member of the organization. The written policy shall be submitted to the City Police Department. Absent any such written policies, it shall be presumed that the organization has no members who may operate or staff bingo games within the meaning of Section 326.5(h) of the Penal Code. Each licensee organization shall keep a full and accurate list of its members. The City’s Police Department, or any other authorized representative of the City, is entitled to examine and investigate such list at any reasonable time, and the licensee organization shall cooperate in making such records available. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.9).
5.75.100 Access to criminal history information.
The City’s Police Department shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for purposes of determining those who have been convicted within the last five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude, and to present such information at any bingo permit hearing. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.10).
5.75.110 Financial interest in licensee organization only.
Pursuant to Penal Code Section 326.5(i), no individual, corporation, partnership, or other legal entity, except the licensee organization, shall hold a financial interest in the conduct of any bingo game licensed under this chapter. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.11).
5.75.120 Licenses not transferable.
Any license granted under this chapter shall not be transferable either as to the licensee organization or the location. Any attempt to transfer shall render the license invalid. Pursuant to Penal Code Section 326.5(f), a license applicant or an existing licensee organization desiring to expand or change location shall comply with the City approval process including, but not limited to, the bingo license and/or land use approval. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.12).
5.75.130 Bingo games to be conducted on licensee organization’s property.
Pursuant to Penal Code Section 326.5(f), an organization authorized to conduct bingo games shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by that organization for an office or for performance of the purposes for which the organization is organized. Nothing in this chapter shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, that organization. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.13).
5.75.140 Suppliers and distributors.
Before January 10th of each year, the licensee organization shall submit to the Police Department a list of the names and addresses of any and all suppliers or distributors of bingo supplies and equipment to the licensee organization during the preceding calendar year. The suppliers shall provide the information requested by the Police Department. This information shall include, but not be limited to, game descriptions, types of bingo supplies (cards, paper sheets, pre-printed cards, daubers, etc.), quantities delivered, their sales price, and serial numbers, when available.
No supplier shall receive a percentage of profits from bingo proceeds or any other phase of bingo. No supplier shall absorb the loss derived from the conduct of bingo. No supplier shall adjust bingo supply prices for a specific licensee organization based on profits, losses, or tax-exempt status. No supplier shall dictate or restrict a bingo licensee organization from choosing a particular vendor for the purchase of bingo supplies.
The licensee organization shall pay in full the invoice amount for bingo supplies not more than five business days after the due date on the invoice. Failure to comply will result in commencement of suspension or revocation proceedings pursuant to SCCC 5.75.270. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.14).
5.75.150 Profits to be kept in a separate fund or account – Records.
Pursuant to Penal Code Sections 326.5(j) and (k), all revenue 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. The licensee organization shall keep and preserve for a period of three years, full and accurate records, including, but not limited to, total receipts, income, disbursements, prizes, and expenses received and disbursed in connection with its operation, conduct, promotion, supervision, and any other phase of bingo games that is authorized by each separate license issued pursuant to this chapter.
Such records, including related bank accounts, shall be open for inspection at any time by the Chief of Police, or designee, or Federal or State official(s) in the performance of his/her official duties. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.15).
5.75.160 Posting of operation rules.
Each bingo game operation shall post in a conspicuous place at the entrance of the facility the rules for operation of its bingo games. The written rules will contain at least the following information:
It is unlawful for a licensee organization to knowingly authorize, permit, or do any of the following:
(a) Provide or award total prizes for each separate bingo game that exceeds two hundred fifty dollars ($250.00) in cash or kind, or both;
(b) Limit attendance or participation in such games to members of the licensee organization or otherwise deny attendance or participation to any members of the general public who comply with the rules of the game and conduct themselves in an orderly and law abiding manner;
(c) Participate in a bingo game, if the participant is obviously under the influence of alcohol;
(d) Participate in bingo games, unless personally present at the location of the games at the time the games are being conducted;
(e) Make payouts without a participant evidencing a paid receipt corresponding to the number of games actually being played.
(Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.16).
5.75.170 Limitation on source of payouts for bingo games to revenue from bingo operations – Limitations on games, free prizes, and free food.
Revenue from bingo operations shall be the sole source of payouts to bingo winners. If an organization has revenue sources separate from bingo revenue, those other revenue sources shall not be commingled into payouts or prizes to participants in the bingo games.
There shall be no free games, free door prizes, and/or free gifts. Provision of free drinks such as coffee, tea or hot cocoa is permissible. Carbonated drinks are not included in the free category. Free food for special occasions to all patrons may be permitted up to four times per year. Prior to the event, a written permit for the bingo session(s) must be obtained from the Chief of Police, or designee. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.17).
5.75.180 License fee – Enforcement fees.
(a) A fifty dollar ($50.00) license fee shall be paid at the time of submittal of the bingo application. If the license is denied, one-half of the fee shall be refunded to the organization.
(b) For the initial application processing, a non-refundable fee will be charged for the background investigation conducted pursuant to SCCC 5.75.070 by the Police Department in conjunction with the license application. Said fee will be set and amended from time to time by resolution of the City Council.
(c) Pursuant to Penal Code Section 326.59(l)(2), a fee for law enforcement and public safety costs incurred by the City will be imposed by resolution. Said fees shall directly relate to the City expenses incurred with respect to bingo activities. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.18).
5.75.190 Licensee organization’s submittal of financial records.
The licensee organization shall submit annually to the City the forms it submits to various government agencies to maintain the status that makes it eligible to operate a bingo game. These forms may include, but not be limited to, CT-2 (California Attorney General), Form 199 (California Franchise Tax Board), Form 990 (Internal Revenue Service), or equivalent forms. The licensee organization shall notify the City in writing of its fiscal year. The forms are to be submitted within three months of the close of the licensee organization’s fiscal year. There shall be a fine of fifty dollars ($50.00) per day for each and every day the financial records are late. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.19).
5.75.200 Days and hours of operation – Inactive license.
In order to prevent an overabundance of bingo operations in the city, the number of bingo sessions shall be limited to twenty-six (26) sessions per calendar week – Sunday through Saturday. A bingo session is operation of bingo games by a bingo operator on a given calendar day. Hours of operation of a bingo session shall be permitted only between noon and midnight of the same day.
Licensee organization shall comply with the terms of approval with respect to the days and hours for bingo operation at the specific location. After the effective date of the ordinance codified in this chapter, organizations (new or currently licensed) that have not received approval (use permit and/or approval from the Police Department) to operate more than two sessions per week shall be limited to no more than two sessions per week. However, pursuant to the provision of SCCC 18.60.020 (pertaining to special permits) of the Zoning Ordinance, special permits for occasional extra bingo sessions may be granted.
Notwithstanding the provisions of the Zoning Ordinance of the City of Santa Clara, if a license has been granted to an eligible organization, but it does not commence operations within ninety (90) calendar days of the date specified by the City for commencement of operations, the license shall be automatically extinguished and of no further effect.
If the licensee organization commences bingo operations, but there is a period of three hundred sixty-five (365) consecutive calendar days when bingo games are not conducted at the approved location by the licensee organization, the organization’s bingo license shall be automatically extinguished and of no further effect. Additionally, after July 1, 2001, the period for automatic extinguishment will be reduced to forty-five (45) consecutive calendar days. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99; Ord. 1750 § 4, 3-14-00; Ord. 1806 § 2, 8-22-06. Formerly § 22-31.20).
5.75.210 Maximum amount of prizes – Paid receipt required for payout.
Pursuant to Penal Code Section 326.5(n), the total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty ($250.00) in cash or in kind, or both, for each separate game which is held. Before a payout is made in any amount, the player must provide a paid cash register (or computer generated) receipt corresponding to the number of cards being played. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.21).
5.75.220 Bingo games open to the public –Capacity limits.
Pursuant to Penal Code Section 326.5(g), all bingo games licensed under this chapter shall be open to the public and not just to members of the licensee organization.
Notwithstanding that the bingo games are open to the public, attendance at any bingo game shall be limited to the approved occupancy capacity of room(s) in the facility in which the bingo games are conducted. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.22).
5.75.230 Participant must be present.
Pursuant to Penal Code Section 326.5(m), no person shall be allowed to participate in a bingo game licensed under this chapter unless the person is physically present at the time and place in which the bingo game is being conducted. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.23).
5.75.240 Minors not to participate.
For purposes of this chapter, no person under the age of twenty-one (21) years of age shall be allowed to participate or be a worker in any bingo games licensed under this chapter. However, if the entire premises in which the bingo games are conducted is smoke-free, persons the age of eighteen (18) years and older may participate in the bingo games and work on the premises. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.24).
5.75.250 No alcoholic beverages to be served or intoxicated persons to work or participate.
No alcoholic beverages shall be served or consumed (by bingo workers or bingo participants) on the bingo premises during the hours of operation of a bingo game. No person who is obviously intoxicated shall be allowed to work at or participate in a bingo game licensed under this chapter. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.25).
5.75.260 No credit to be extended to players.
No licensee organization shall issue chips or money to a patron on credit or as a loan, including, but not limited to, IOUs and checks to be held, or allow a patron to play on credit. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99. Formerly § 22-31.26).
5.75.270 Suspension and revocation of bingo permit.
The Chief of Police, or the City Manager or their respective designees on appeal, shall have the power to suspend or revoke a bingo permit issued under this chapter on any of the following grounds:
(a) The violation by the permittee of any of the terms, conditions or requirements of:
(1) The State law;
(2) This chapter;
(3) The bingo permit; or
(4) The Bingo Handbook of the Police Department.
(b) Any act or omission of the permit holder which, if it existed at the time the application for a bingo permit was filed, would have warranted the denial of the application.
(c) That the building, structure, equipment or location of the place of bingo operation does not comply with, or fails to meet, all of the health, zoning, fire and safety requirements, or standards of all the laws of the State of California, or ordinances and resolutions of the City applicable to such business operations. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99; Ord. 1750 § 2, 3-14-00. Formerly § 22-31.27).
5.75.280 Notice and hearing on suspension and revocation.
Whenever the Chief of Police, or designee, has cause to believe that grounds for the suspension or revocation of a permit exists, he/she shall give the holder of the bingo permit written notice stating the alleged grounds for the suspension or revocation and the effective date of the suspension or revocation. This notice will be sent by certified mail, return receipt requested, to the address shown on the last application or renewal, or by personal service. If the return receipt is not returned within one week after the City mails the notice, service will be deemed completed seven calendar days after notice is mailed by the City. The decision of the Chief of Police, or designee, to suspend or revoke a bingo permit may be appealed in accordance with the procedures set forth in Chapter 2.115 SCCC. (Ord. 1658 § 1, 6-28-94; Ord. 1729 § 1, 4-6-99; Ord. 1750 § 3, 3-14-00; Ord. 2007 § 17, 11-19-19; Ord. 2016 § 1, 4-28-20. Formerly § 22-31.28).