Title 2 — LICENSE APPLICATION PROCEDURE

It shall be unlawful for any person to commence or conduct, or purport to commence or purport to conduct, within the City, any business, activity, enterprise, undertaking, or place where tables or other items or units of furniture are used directly or indirectly for playing bingo and for the use of which a fee, commission, or compensation is directly or indirectly charged, accepted, or received from players or participants in any such playing of games except nonprofit charitable organizations, as defined in Section 4216.1.8, which shall have first obtained a written license so to do under and in compliance with the provisions of this Division.

Subject to the provisions of Section 4216.2.1 of this Division, and subject to the provisions of Sections 4216.4.6, 4216.4.7 of this Division, any non-profit charitable organization desiring or proposing to commence or conduct any activity, enterprise, undertaking or place, named, designated, specified, or referred to in Section 4216.2.1 of this Division for the game of bingo only, shall file with the Finance Director, on forms approved by the City Attorney, which shall be furnished free by the Finance Director for such purpose, a written application for the license so to do as required by the provisions of this Division. Each such application shall contain and clearly and truthfully, under oath or affirmation, set forth and show, in addition to such other information as the City Council may require, the following information:

4216.2.2.1. -  

The date of the application;

4216.2.2.2. -  

The true name of the applicant;

4216.2.2.3. -  

The status of the applicant as being an association or corporation;

4216.2.2.4. -

A statement that the applicant is a nonprofit charitable organization under Section 4216.1.8;

4216.2.2.5. -  

The name and address of each of the members of the nonprofit charitable organization and the name, residence, and business addresses of each of the principal officers and directors of the association or corporation applicant;

4216.2.2.6. -  

The particular property within the City of Arcadia, 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 the room in which bingo is to be conducted;

4216.2.2.7. -  

A statement that the type and nature of the game proposed to be played shall be bingo only, and that no other game or games are proposed;

4216.2.2.8. -  

A description of the building and a designation of the room therein in which bingo is proposed to be permitted and licensed to be housed, giving the dimensions and type of construction;

4216.2.2.9. -  

A statement that such building conforms to all the laws of the State and the City for occupancies of the nature proposed;

4216.2.2.10. -  

A statement that no intoxicating liquors or beverages are to be sold, given away, dispensed, consumed, or permitted in the room in which bingo is to be played;

4216.2.2.11. -  

A statement that the applicant understands that the application shall be considered by the City Council only after a full investigation and report have been made by the Chief of Police, Fire Chief and Building Official or their authorized representatives;

4216.2.2.12. -

A statement that the applicant understands and agrees that any activity conducted or operated under any license issued under such application shall be operated in full conforming with all the laws of the State and the laws and regulations of the City applicable thereto, and that any violation of any such laws or regulations in the premises of the nonprofit charitable organization, or in connection therewith, shall render any license therefor subject to immediate suspension or revocation;

4216.2.2.13. -

A statement that the applicant has read the provisions of this Division and particularly the provisions of Section 4216.2.2 and understands the same;

4216.2.2.14. -  

A statement that the applicant understands that it may be required, at the request of the City Council, to submit to the City Council a full and complete financial statement of the applicant, on forms approved by the City Attorney and furnished by the Finance Director, whether a corporation, association, or other entity, and a full and complete financial statement of each officer and/or director of the corporation or other entity; provided, however, the financial statement required by this section shall be a confidential qualified document and shall not be open to public inspection but shall be available only to those City officials having direct jurisdiction over the provisions of this Division and to any court of competent jurisdiction where any matter relating thereto may be actually pending;

4216.2.2.15. -  

The fully notarized signatures of the president of the nonprofit charitable organization, its Secretary, under penalty of perjury, Corporate Seal, and resolution of its governing board authorizing filing of the application;

4216.2.2.16. -  

The desired dates, not more than one (1) each week and hours on said dates for conduct of bingo games, none of which dates may be less than forty-five (45) days from and after the date of acceptance of the application for filing by the Finance Director. Bingo games played for recreational purposes only are not limited to one (1) each week; (Amended by Ord. 1974 adopted 8-4-92);

4216.2.2.17. -  

That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this Division, as they may be amended from time to time, and agrees that the license to conduct bingo games may be suspended by the Chief of Police upon violation of any of such provisions;

4216.2.2.18. -  

The filing fee of forty dollars ($40.00) shall accompany the application; (Amended by Ord. 1608 adopted 9- 20-77; amended by Ord. 1974 adopted 8-4-92);

4216.2.2.19. -  

The applicant shall also submit, with its application, a Certificate or Determination of Exemption under Section 23701b, d, e, f or l of the Revenue and Taxation Code, and a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing exemption under said Section 23701b, d, e, f or l. Bona fide senior citizen organizations shall be exempt from this requirement unless otherwise required by the City Council. (Amended by Ord. 1608 adopted 9-20-77).

4216.2.2.20. -

That applicant shall not use the proceeds from such bingo game or games except for charitable purposes. (Added by Ord. 1608 adopted 9-20-77).

No application for a bingo license shall be deemed as filed with the Finance Director unless and until said application complies in all respects with Section 4216.2.2.

Each application for a license for fund-raising bingo games shall be accompanied by the annual fee of fifty dollars ($50.00). Each application for recreational bingo shall be submitted with a signed, sworn statement that no funds are retained or held over by the organization. No license fee shall apply to recreational bingo.

(Amended by Ord. 1608 adopted 9-20-77; amended by Ord. 1974 adopted 8-4-92).

The license fees referred to in Section 4216.2.4 of this Division will be refunded in one-half (1/2) of the amount paid to the City if the application is denied by the City. If the application or approved license is canceled by the applicant, no refund will be issued.

(Amended by Ord. 1608 adopted 9-20-77; amended by Ord. 1974 adopted 8-4-92).

Each licensee shall file with the City every six (6) months after the date of license issuance, and thirty (30) days after license expiration or revocation, a statement, under oath, showing the true and correct amount of gross revenue derived from any bingo game licensed by the license issued to or held by such licensee, and expenditures of such revenue, for the preceding six months subject, however, to the right of the City to audit the matters referred to in the statement and to determine the correctness of the figures set forth in such statement. In addition to the foregoing, a certification shall be attached to the statement, or included therein, which certification or declaration shall be substantially in the following form: "I hereby declare, under penalty of perjury, that the foregoing is true and correct. ___________ Licensee." Licensee shall keep all revenue derived from a bingo game in a special fund or account and shall not commingle said revenue with any other fund or account. A record shall be kept of all expenditures from said account or fund. Licensee shall keep a full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo game which are authorized by this Division. All bingo proceeds shall be used for charitable purposes as set forth in Section 6611.2 of this code except as modified by California Penal Code Section 325.5.

(Amended by Ord. 1608 adopted 9-20-77).

The books, records, and accounts of any licensee may be audited by the City, such an audit to be performed by a qualified accountant who shall be selected by the Council and/or Finance Director. Any information obtained pursuant to the provisions of this section or any statement filed by the licensees shall be deemed confidential in character and shall not be subject to public inspection except in connection with the enforcement of the provisions of this Division. It shall be the duty of the Finance Director to so preserve and keep such statements so that the contents thereof shall not become known except to persons charged

by law with the administration of the provisions of this Division or pursuant to the order of any court of competent jurisdiction.

Any failure or refusal of any such licensee to make and file any statement as required within the time required, or to pay such sums by way of license fees when the same are due and payable in accordance with the provisions of this Division, or to permit such inspection of such books, records, and accounts of such licensee shall be and constitute full and sufficient grounds for the revocation or suspension of the license of any such licensee in the sole discretion of the Finance Director.

Whenever an application has been filed with the Finance Director for a license pursuant to the provisions of this Division, the Finance Director shall immediately refer such application, or a true copy thereof, to the (1) Business License Officer who shall notify the City Council of the filing of the application for the purpose of setting a public hearing date on the application no sooner than 45 days from its date of filing; and (2) to the Chief of Police, the Fire Chief, and the Building Official who shall promptly and diligently make an investigation as follows:

(Amended by Ord. 1877 adopted 2-16-88)

4216.2.7.1.1. -  

A full and complete investigation of the applicant (including its officers and members, if any, whose names and addresses are shown upon the application);

4216.2.7.1.2. -  

A full and complete investigation of the building and location where the applicant proposes to conduct such activity; and

4216.2.7.1.3. -  

A full and complete investigation as to the type of equipment facilities or units to be used at, or in connection with, the proposed game and the type of games proposed to be played, which investigation shall also include the proposed locations of the equipment facilities or other units in, within, or about the proposed premises.

The Chief of Police and Building Official shall make such investigations with reasonable promptness and shall report to the Business License Officer with reference thereto in due time, and the Fire Chief shall make an investigation with reasonable promptness as to all matters within his jurisdiction concerning the public health, welfare, and safety as may be concerned with such application.

(Amended by Ord. 1877 adopted 2-16-88)

The City Council shall not consider any application for a license until such time as proposed building plans and specifications have been approved by the Building Official in writing, stating that such building plans and specifications fully and completely meet the requirements of all existing codes, regulations, and rules of the City, nor shall the City Council consider any such application until the Chief of Police, Fire Chief, and Building Official have made their respective reports to the City Council.

All such reports shall be filed with the Business License Officer within a period of thirty (30) days after the applications have been referred to the Chief of Police, Fire Chief, and Building Official.

(Amended by Ord. 1877 adopted 2-16-88)

In the event that any of such reports are not filed within such thirty (30) day period, the City Council shall have the right to proceed further without such reports and either grant, with or without conditions, or deny the application in the sole discretion of the City Council.

(Division 6 added by Ord. 1584 adopted 3-1-77)