Chapter 5.26
BINGO SUPPLIERS
Sections:
5.26.060 Assignment of license.
5.26.070 Other permits and approvals.
5.26.090 Participation in bingo games prohibited.
5.26.100 Prohibition on financial interest in bingo games.
5.26.110 Suspension or revocation of a bingo supplier license.
5.26.120 Suspension and revocation proceedings.
5.26.010 Definitions.
The following words and phrases, whenever used in this chapter, shall have the following meanings, unless it shall be apparent from the context that they have a different meaning. All words in the present tense shall include the future tense. All words in the singular shall include the plural and all words in the plural shall include the singular, unless the natural construction of the wording indicates otherwise. The word “shall” is mandatory and the word “may” is discretionary.
A. “Bingo” or “bingo games” means a game of chance as defined in Section 5.24.030 of this code.
B. “Bingo supplies” means equipment, supplies, products, goods, or other items used to conduct a bingo game.
C. “Bingo supplier” or “supplier” means any person or entity that sells, rents, leases, or otherwise provides bingo supplies for use in the conduct of a bingo game.
D. “Bingo supplier license” or “license” means a license issued by the city permitting a person to sell, rent, lease, or otherwise provide bingo supplies.
E. “Business license” means a business license issued by the city pursuant to Title 5 of this code.
F. “Chief of police” means the chief of police of the city or his or her designee.
G. “Director of finance” means the city’s director of finance or his or her designee.
H. “Licensee” means the holder of a bingo supplier license issued by the city permitting a person to sell, rent, lease, or otherwise provide bingo supplies within the city limits.
I. “Person” means any individual, partnership, firm, association, company, corporation, or combination of individuals of whatever form or character. (Ord. 1569 §7(part), 1997).
5.26.020 Applicability.
The provisions of this chapter shall apply to persons who sell, rent, lease, or otherwise provide bingo supplies for use within the city limits. (Ord. 1569 §7(part), 1997).
5.26.030 License required.
No person shall sell, rent, lease, or otherwise provide bingo supplies for use within the city limits without first having obtained from the city a bingo supplier license and a city business license, whether or not the person operates from a fixed location within the city. (Ord. 1569 §7(part), 1997).
5.26.040 License application.
An application for a bingo supplier license shall be filed with the chief of police. The application shall specify the following information:
A. The applicant’s name, address, and telephone number;
B. If the applicant is a sole proprietorship, the full name, address, telephone number, date of birth, driver license number, and criminal convictions (other than misdemeanor traffic violations) of the sole proprietor;
C. If the applicant is a partnership, the full name, address, telephone number, date of birth, driver license number, and criminal convictions (other than misdemeanor traffic violations) of each general and limited partner;
D. If the applicant is a corporation, the full name, address, telephone number, date of birth, driver license number, and criminal convictions (other than misdemeanor traffic violations) of each officer and director of the corporation and of each stockholder owning ten percent or more of the stock of the corporation;
E. A nonrefundable fee, the amount of which shall be set, from time to time, by resolution of the city council. Such fee shall fully reimburse the city for any and all costs associated with processing the application and may be based on an average of all such costs or based upon individual costs for a specific application or a combination of both approaches;
F. Authorization for the chief of police to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for a bingo supplier license. Such authorization shall constitute a waiver by the applicant of the confidentially of the information obtained and reviewed by the chief of police, such as, but not limited to, the information contained in any police record or medical report;
G. Such other information that the chief of police may deem necessary to investigate the applicant’s character and qualifications to sell, rent, lease, or otherwise provide bingo supplies within the city limits. (Ord. 1569 §7(part), 1997).
5.26.050 License issuance.
The chief of police shall approve an application for a bingo supplier license, subject to conditions imposed by the chief of police on the exercise of such license, upon the determination that:
A. The applicant has submitted a complete license application;
B. The applicant has not knowingly made any false, misleading, or fraudulent statement in the license application or in any document required by the chief of police in conjunction therewith;
C. The applicant, if an individual; or any of the stockholders owning ten percent or more of the stock of the corporation and any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership, have not:
1. Had a license similar to a bingo supplier license previously suspended or revoked;
2. Been convicted of any state or federal law that regulates racketeering or organized crime activity such as, by way of example, the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. §1961 et seq.); and
3. Been convicted of any of the following offenses:
a. Offenses involving the use of force or violence upon the person of another that amounts to a felony, or
b. Offenses involving arson, theft, fraud, deceit, misrepresentation, or dishonesty, whether felony or misdemeanor.
The chief of police, however, may disregard any conviction that occurred at least ten years prior to the date of the application, provided the person convicted has had no subsequent felony convictions of any kind and no subsequent misdemeanor convictions for the offenses described above. (Ord. 1569 §7(part), 1997).
5.26.060 Assignment of license.
No bingo supplier license may be assigned, transferred, sold, or conveyed without the prior written permission of the chief of police. Any attempt to so assign, transfer, sell, or convey such license shall be void and of no effect and shall be grounds for revocation of said license by the chief of police. (Ord. 1569 §7(part), 1997).
5.26.070 Other permits and approvals.
The approval of any license under this chapter shall be in addition to any other license, approval or permit required by this code or by any other law, rule or regulation. The approval or issuance of any license hereunder shall not negate the need to satisfy any and all other requirements prescribed by this code or by any other law, rule, or regulation. (Ord. 1569 §7(part), 1997).
5.26.080 Records.
A. A licensee shall maintain and keep full and accurate records of all inventory, income received, and expenses disbursed in connection with the sale, rental, lease, or provision of any bingo supplies for use in the conduct of bingo games and as necessary to determine or establish compliance with this code and other applicable laws, rules, and regulations, as they may be amended from time to time, pertaining to the licensee’s operations. The records shall be maintained in such manner as may be prescribed by the director of finance or, when not so prescribed, in a manner consistent with generally accepted accounting principles and practices.
B. The director of finance shall have the right to inspect or audit the records described in subsection A during normal business hours to ensure compliance with the provisions of this code and other applicable laws, rules, and regulations pertaining to the licensee’s operations. The inspection or audit shall be conducted at a time and date set by the director of finance. Notice of the inspection or audit shall be given to the licensee not less than ten days prior to the date of the inspection or audit. The licensee shall cooperate with the director of finance during the inspection or audit. Failure to cooperate with the director of finance will be grounds for revocation of a bingo supplier license. (Ord. 1569 §7(part), 1997).
5.26.090 Participation in bingo games prohibited.
Bingo games shall be operated and staffed only by members of the authorized organization which organized it. Licensees shall not organize, manage, supervise, conduct, control, or otherwise participate in or influence either the operation of any bingo game conducted in the city or the promotion thereof. (Ord. 1569 §7(part), 1997).
5.26.100 Prohibition on financial interest in bingo games.
With the exception of compensation received from the sale, rent, lease, or provision of bingo supplies, no licensee shall have a financial interest in the conduct of a bingo game operated in the city. For the purpose of this section, “financial interest in the conduct of a bingo game,” shall include, but not be limited to when:
A. The price of the bingo supplies is adjusted based on the profits, losses, or tax exempt status of the person using the bingo supplies;
B. The price of the bingo supplies is based on a percentage of bingo game revenues, receipts, proceeds, profits, or prizes;
C. The licensee absorbs, shares, or otherwise participates in the losses or profits of the person conducting the bingo game;
D. The licensee fails to charge for bingo supplies;
E. The licensee fails to collect on an unpaid account or invoice that is past due sixty or more days from the date of delivery of the bingo supplies;
F. The licensee limits the purchases or rental of bingo supplies to a particular bingo supplier; or
G. The licensee advances or receives a loan from the person conducting the bingo game. For the purpose of this subsection, a loan shall not include an invoice or account that is not more than sixty days past due, as provided in subsection E of this section. (Ord. 1569 §7(part), 1997).
5.26.110 Suspension or revocation of a bingo supplier license.
The chief of police may suspend or revoke a bingo supplier license if the chief of police or the director of finance determines that the licensee has violated any provision of this chapter, code, or state law or any condition of a bingo supplier license. Such suspension or revocation proceedings shall be conducted in accordance with Section 5.26.120 of this chapter. (Ord. 1569 §7(part), 1997).
5.26.120 Suspension and revocation proceedings.
A. A bingo supplier license may not be suspended or revoked until the following has occurred. The chief of police shall provide written notice to the licensee of the intended action. The notice shall be personally served upon the licensee or delivered by postage prepaid, first class mail. The notice shall set forth the following:
1. That the chief of police intends to suspend or revoke the license;
2. The reasons for the proposed suspension or revocation;
3. The effective date and time of such suspension or revocation;
4. The licensee’s right to request a hearing before the chief of police, provided such request is made in writing and is received by the chief of police by five p.m. on the tenth day following the licensee’s receipt of the notice; and
5. The licensee’s right to challenge the intended action, to confront the charges, and to present evidence on his or her behalf at the hearing.
B. If the chief of police does not receive a written request for a hearing from the licensee within the time period specified above, the chief of police may suspend or revoke the license without any further notice or proceedings. Such suspension or revocation shall be final and not subject to appeal.
C. If the chief of police receives a written request for a hearing from the licensee within the time period specified above, the chief of police shall conduct the hearing and shall render a decision not later than thirty days from the conclusion of the hearing. The decision shall be in writing and shall be personally served upon the licensee or delivered by postage prepaid, first class mail. The decision of the chief of police may be appealed to the city council, provided written notice of the appeal is received by the city clerk by five p.m. on the tenth day following the date of receipt of the decision by the licensee. If notice of the appeal is not received by the city clerk within such time period, the decision of the chief of police shall be final and not subject to further appeal.
D. If notice of the appeal is received by the city clerk within such time period, the city council shall hear the appeal and shall uphold, overrule, or modify the decision of the chief of police. The decision of the city council shall be final and shall not be subject to appeal. (Ord. 1569 §7(part), 1997).