Chapter 5.12
BINGO
Sections:
5.12.010 Authority to conduct games.
5.12.040 Exemption to license requirement.
5.12.050 Application for license.
5.12.060 Contents of the application.
5.12.080 Investigation of applicant.
5.12.100 Bingo games conducted only on licensee’s property.
5.12.110 Frequency and hours of operation.
5.12.130 City may enjoin violation.
5.12.140 Summary suspension of license pending hearing.
5.12.150 Revocation of license—Alternative procedure.
5.12.160 Appeal of revocation to city council.
5.12.010 Authority to conduct games.
Charitable organizations are authorized to conduct bingo games within the city limits of Winters subject to the restrictions imposed by this chapter and California Penal Code Section 326.5. (Prior code § 10-2.302)
5.12.020 Bingo defined.
As used in this chapter “bingo” means 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. (Prior code § 10-2.303)
5.12.030 License eligibility.
Those organizations identified in California Penal Code Section 326.5(n) are eligible for a license to conduct bingo games. (Ord. 2003-04 § 4: prior code § 10-2.304)
5.12.040 Exemption to license requirement.
The provisions of this chapter shall not be deemed or construed to require the payment of a license fee to conduct, manage or carry on any business, occupation or activity, from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm or corporation. Except as provided herein, no license tax shall be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects within the city, whenever the receipt of any such entertainment, concert, exhibition or lecture are to be appropriated for any church or school or any religious or benevolent purposes. Except as provided herein, no license tax shall be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, education, military, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation; provided, however, that nothing in this section shall be deemed to exempt any such organization or association from complying with the provisions of any ordinance of the city requiring a permit from the city council or any commission or officer to conduct, manage or carry on any profession, trade, calling or occupation. (Prior code § 10-2.301)
5.12.050 Application for license.
Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application in writing with the administrative clerk on a form to be provided. All licenses must be approved by the chief of police. Approved licenses shall be issued fifteen (15) days after submission of the application or upon completion of the investigation, whichever period is longer. The license shall be issued yearly and expire each year on June 30th. (Prior code § 10-2.305)
5.12.060 Contents of the application.
The application shall contain the following:
A. Name and nature of the applicant organization;
B. The particular property within the city including the street number owned or leased by the applicant used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place;
C. The name and signature of at least two officers, including the presiding officer of the organization;
D. Whether the premises used for bingo are leased or owned by the organization;
E. Proposed day of the week and hours of day for conduct of bingo games;
F. The applicant has read and agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter as they may be amended from time to time and agrees that the license to conduct bingo games may be revoked by the chief of police upon violation of any of such provisions;
G. Name and signature of the applicant.
The applicant shall also submit, with its application, a certificate or determination of exemption under Section 23701d of the Revenue and Taxation Code, or a letter of good standing from the exemption division of the Franchise Tax Board in Sacramento, showing exemption under said Section 23701d. (Prior code § 10-2.306)
5.12.070 Annual fee.
The annual fee for the license shall be fifty dollars ($50.00), which fee shall be submitted with the application. (Ord. 81-04 § 1: prior code § 10-2.307)
5.12.080 Investigation of applicant.
Upon receipt of the completed application and the fee, the finance director shall refer the application to the police and other interested departments, including the city attorney and fire department for investigation as to whether or not all statements on the application are true and whether or not the property of the applicant qualifies as property on which bingo games may lawfully be conducted, as to fire, occupancy and other applicable restrictions. (Prior code § 10-2.308)
5.12.090 Contents of license.
The bingo license shall contain:
A. The name and nature of the organization to whom the license is issued;
B. Address of the property where bingo games are authorized;
C. Occupancy capacity of the room in which bingo games are conducted;
D. Date of expiration of such license;
E. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter;
F. In addition to the license, the licensee shall receive a copy of Penal Code Section 326.5. (Prior code § 10-2.309)
5.12.100 Bingo games conducted only on licensee’s property.
A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purpose for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address which is stated in the application. (Prior code § 10-2.310)
5.12.110 Frequency and hours of operation.
No licensee shall conduct more than one bingo game per week. No bingo game shall last more than four hours and in no event later than eleven p.m. (Prior code § 10-2.311)
5.12.120 Type of prizes.
Pursuant to the California Penal Code Section 326.5(n), the limit of total prizes of cash or kind for each separate bingo game will be set at two hundred fifty dollars ($250). (Ord. 2003-04 § 5: Ord. 81-04 § 2: prior code § 10-2.312)
5.12.130 City may enjoin violation.
The city may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this chapter. (Prior code § 10-2.313)
5.12.140 Summary suspension of license pending hearing.
A. Whenever it appears to the chief of police that the licensee:
1. Made a false statement on the license application;
2. Is conducting a bingo game in violation of any of the provisions of this chapter; or
3. Is violating any of the provisions of Penal Code Section 326.5:
The chief of police shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.
B. Any person who continues to conduct a bingo game after any summary suspension thereof under subsection A shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine which is the maximum allowable under State Law, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
C. The order issued under subsection A shall also notify the licensee that it shall have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the city chief of police, or designated hearing officer, within the five day period, shall result in a revocation of the license.
D. Upon such request by the licensee, whose license has been suspended under subsection A for a hearing to determine whether such license shall be revoked, the chief of police shall provide such hearing within ten (10) days after receipt of such request at which hearing the suspended licensee may appear before the chief of police for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States Mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.
E. Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the chief of police. (Ord. 2003-04 § 6; prior code § 10-2.314)
5.12.150 Revocation of license—Alternative procedure.
A. Whenever it appears to the chief of police that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered under Section 5.12.140, the license may be revoked; provided, however, the licensee may appear before the chief of police at the time fixed by the chief of police for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States Mail a notice directed to the licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.
B. Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the chief of police. (Prior code § 10-2.315)
5.12.160 Appeal of revocation to city council.
A. Any holder of a license whose license is revoked under this chapter shall have the right, within ten (10) days after receiving notice in writing of the revocation, to file a written appeal to the city council. Such appeal shall set forth the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within thirty (30) days after its receipt by the city, or at a time thereafter agreed upon, and shall cause the appellant to be given at least ten (10) days written notice of such hearing. At the hearing, the appellant, or its authorized representative, shall have the right to present evidence and a written or oral argument, or both, in support of his or her appeal. The determination of the city council on the appeal shall be final.
B. Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701d of the Revenue and Taxation Code, such organization may again apply for the license upon proof of reinstatement of the exemption. (Prior code § 10-2.316)