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Earlier editions: 2026-09

Article IV — PUBLIC WELFARE, MORALS AND POLICY›Chapter 2 — DISORDERLY CONDUCT, NUISANCES, ETC.›Part 1 — GAMBLING

Arcadia Municipal Code § 4216.5 Established

Arcadia Municipal Code · 2026-10 edition · updated 2026-10-04 · Arcadia

Cite as: Arcadia Municipal Code § 4216.5 · Text as of 2026-10-04

Title 1 — DEFINITIONS

4216.1. - DEFINITIONS.

For the purposes of this Division, certain words and phrases used herein are defined as follows:

Exceptions & meaning →

4216.1.1. - SAME. BINGO.

Bingo shall mean 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.

Exceptions & meaning →

4216.1.2. - SAME. COMMENCE.

Commence shall mean and include commence, begin, initiate, start, open, and establish.

Exceptions & meaning →

4216.1.3. - SAME. CONDUCT.

Conduct shall mean and include conduct, transact, maintain, prosecute, practice, manage, operate, and carry on.

Exceptions & meaning →

4216.1.4. - SAME. PERSON.

Person shall mean and include person, firm, association, co-partnership, joint venture, and corporation, whether acting as principal or agent, manager, clerk, employee, or servant, either for or on behalf of himself or for any other person, firm, association, co-partnership, joint venture, corporation, or otherwise.

Exceptions & meaning →

4216.1.5. - SAME. PURPORT TO COMMENCE AND PURPORT TO CONDUCT.

Purport to Commence and Purport to Conduct shall mean and include any showing, representation, indication, or action which (1) by means of any sign, advertisement, or advertising matter, whether in, upon, or about any premises or otherwise; or (2) by the appearance or arrangement of any premises; or (3) by acts or statements of any person, or by the agents, servants, or employees of any person, indicates, suggests, holds out, or represents that any person is, would be, or appears to be conducting or in a position to conduct any bingo game referred to in this Division within the City.

Exceptions & meaning →

4216.1.6. - SAME. GAME OR GAMES.

4216.1.7. - SAME. LICENSE.

License shall mean a license for the conducting of the game of bingo only.

Exceptions & meaning →

4216.1.8. - SAME. NONPROFIT CHARITABLE ORGANIZATION.

Nonprofit Charitable Organization shall mean either one of the following:

(a) Any bona fide senior citizen organization; any church, service club or fraternal organization incorporated under the laws of any State or territory of the United States of America or organized as a voluntary association and exempted from the payment of the bank and corporation tax by Section 23701b, d, e, f, or 1 of the California State Revenue and Taxation Code which has been so qualified at least five (5) consecutive years immediately prior to the filing date of its application for bingo license under this Division, and which has, for at least five (5) consecutive years immediately prior to the filing date of its application for a bingo license held its regular meetings in the City of Arcadia for performance of the purposes for which it is organized; or

(b) Any bona fide senior citizen organization; any church, service club or fraternal organization incorporated under the laws of any State or territory of the United States of America or organized as a voluntary association and exempted from the payment of the bank and corporation tax by Section 23701b, d, e, f or 1 of the California State Revenue and Taxation Code which has been so qualified at least three (3) consecutive months immediately prior to the filing date of its application for a bingo license under this division, and which has, for at least three (3) consecutive months immediately prior to the filing date of its application for a bingo license held its regular meetings in the City of Arcadia for performance of the purposes for which it is organized and which organization was formed:

(i) by members of any corporation or voluntary association which has held its regular meetings in the City of Arcadia for the purposes for which it was organized for at least five (5) consecutive years immediately prior to the filing of aforedescribed organization's application for bingo license; and

(ii) for the purpose of carrying out one or more of the purposes of the corporation or voluntary association described in Section 4216.1.8 (b) (i) above.

(c) The definitions set forth in this Section 4216.1.8 shall be applicable only to this Division;

(Amended by Ord. 1596 adopted 5-17-77; Amended by Ord. 1608 adopted 9-20-77).

Exceptions & meaning →

4216.1.9. - SAME. RECREATIONAL.

Bingo games conducted for recreational purposes only. All funds collected in payment of bingo cards for games played are awarded in prizes. No funds are retained or held over by the organization or group;

(Added by Ord. 1974 adopted 8-4-92).

Exceptions & meaning →

4216.1.10. - SAME. FUNDRAISING.

Bingo games conducted by authorized organizations as a form of fundraising for charitable purposes.

(Added by Ord. 1974 adopted 8-4-92).

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

Exceptions & meaning →

Title 2 — LICENSE APPLICATION PROCEDURE

4216.2.1. - LICENSE. REQUIRED.

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.

Exceptions & meaning →

4216.2.2. - LICENSE. APPLICATIONS.

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:

Exceptions & meaning →

4216.2.2.1. -

4216.2.2.2. -

4216.2.2.3. -

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

Exceptions & meaning →

4216.2.2.4. -

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

Exceptions & meaning →

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;

Exceptions & meaning →

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;

Exceptions & meaning →

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;

Exceptions & meaning →

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;

Exceptions & meaning →

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;

Exceptions & meaning →

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;

Exceptions & meaning →

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;

Exceptions & meaning →

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;

Exceptions & meaning →

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;

Exceptions & meaning →

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;

Exceptions & meaning →

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;

Exceptions & meaning →

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);

Exceptions & meaning →

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;

Exceptions & meaning →

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);

Exceptions & meaning →

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).

Exceptions & meaning →

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).

Exceptions & meaning →

4216.2.3. - ACCEPTANCE OF FILING.

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.

Exceptions & meaning →

4216.2.4. - LICENSE FEES.

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).

Exceptions & meaning →

4216.2.5. - LICENSE FEES NOT REFUNDABLE.

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).

Exceptions & meaning →

4216.2.6. - STATEMENT OF REVENUE AND EXPENDITURE.

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).

Exceptions & meaning →

4216.2.6.1. - AUDIT OF RECORDS.

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.

Exceptions & meaning →

4216.2.6.2 - REFUSAL TO DISPLAY RECORDS.

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.

Exceptions & meaning →

4216.2.7. - INVESTIGATIONS AND REPORTS

4216.2.7.1. - INVESTIGATIONS REQUIRED.

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)

Exceptions & meaning →

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);

Exceptions & meaning →

4216.2.7.1.2. -

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

Exceptions & meaning →

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.

Exceptions & meaning →

4216.2.7.2. - REPORTS REQUIRED.

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)

Exceptions & meaning →

4216.2.7.3. - REPORTS PREREQUISITE TO CITY COUNCIL CONSIDERATION.

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.

Exceptions & meaning →

4216.2.7.4. - TIME OF FILING REPORTS.

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)

Exceptions & meaning →

4216.2.7.5 - ACTION IN ABSENCE OF REPORTS.

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)

Exceptions & meaning →

Title 3 — LICENSE CONTENTS, COUNCIL CONSIDERATION, GROUNDS FOR APPROVAL OR DENIAL

4216.3.1. - CONTENTS OF LICENSE.

After holding a public hearing on said application and upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the City, the City Council may, at its discretion, issue a license to said applicant which shall contain the following information:

Exceptions & meaning →

4216.3.1.1. -

The name and nature of the organization to whom the license is issued;

Exceptions & meaning →

4216.3.1.2. -

The address where bingo games are authorized to be conducted;

Exceptions & meaning →

4216.3.1.3. -

The occupancy capacity of and a description of the room in which bingo games are to be conducted;

Exceptions & meaning →

4216.3.1.4. -

The date of expiration of such license, which date shall be the last day of the twelfth month from the date of issuance;

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

Exceptions & meaning →

4216.3.1.5. -

The dates and the hours on said dates the licensee is authorized to conduct bingo games; and

Exceptions & meaning →

4216.3.1.6. -

Such other information as may be necessary or desirable for the enforcement of the provisions of this Division.

Exceptions & meaning →

4216.3.2. - CONSIDERATION AND WAIVER BY CITY COUNCIL.

Whenever an application for a license, required under the provisions of this Division, is set for public hearing, and the license fee required by this Division in connection therewith has been paid to the Finance Director, the City Council may consider such application. At the public hearing or before the public hearing, and at its discretion, and at the request of the applicant on the application, the City Council may waive the application statement requirements of Subsections 4216.2.2.14 and 4216.2.2.5, and may waive the investigations and reports required by Section 4216.2.7. for those non-profit charitable organizations applying for no more than three dates during the six-month period in which to conduct bingo.

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

Exceptions & meaning →

4216.3.3. - DECISION OF CITY COUNCIL.

The City Council may, in its discretion, either approve the application and grant the license applied for or deny the application and refuse to grant the license applied for.

Exceptions & meaning →

4216.3.4. - LICENSE CONDITIONS.

If any such license is granted by the City Council, the license so granted shall be subject to all of the terms, conditions, and provisions of this Division relating to such other further and different rules, regulations, conditions, and provisions as the Council may have adopted with reference to such license and such additional rules, regulations, terms, and conditions, if any, as the City Council, in the exercise of its discretion, may see fit to promulgate, determine, or prescribe for the particular license applied for.

Exceptions & meaning →

4216.3.5. - PUBLIC HEARING: SUBPOENAS.

In the event the application is set for hearing, the Business License Officer shall, at the direction of the Council, cause to be issued and served any subpoenas as the Council shall direct in accordance with the provisions of City Charter Section 413.

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

Exceptions & meaning →

4216.3.6. - DECISION OF CITY COUNCIL FINAL.

The decision of the City Council to approve any such application and grant the license applied for therein, or to deny any such application and refuse to grant the license applied for therein, shall be final and conclusive.

Exceptions & meaning →

4216.3.7. - GROUNDS FOR DENIAL OF APPLICATION.

The City Council shall not authorize the issuance of any license under the provisions of this chapter in any of the following cases:

Exceptions & meaning →

4216.3.7.1. -

If the proposed activity to be operated is in violation of any State law or City law or regulation; or

Exceptions & meaning →

4216.3.7.2. -

If the building in which the business or activity proposed to be conducted does not meet the requirements of buildings of like occupancy; or

Exceptions & meaning →

4216.3.7.3. -

If the building or premises do not comply with the established requirements and regulations relating to fire within the City; or

Exceptions & meaning →

4216.3.7.4. -

If the game for which a license is applied for is unlawful; or

Exceptions & meaning →

4216.3.7.5. -

If the City Council determines that the issuance of said license would adversely affect outstanding licenses or the City's ability to regulate or police bingo games conducted under such a license; or

Exceptions & meaning →

4216.3.7.6. -

If the City Council determines that there exists information of a derogatory nature concerning the business stability, personal history, business experience, reputation, habits and traits of character of the applicant, its employees, agents, members, officers or directors; or

Exceptions & meaning →

4216.3.7.7. -

If the City Council finds that the issuance of the license would be injurious to the health, safety or welfare of the City of Arcadia or citizens of the City of Arcadia.

Exceptions & meaning →

4216.3.8. - ISSUANCE OF LICENSES.

If the action of the City Council on any such application is to grant the same, the Finance Director may thereupon issue the license and renewals of licenses, upon payment of the required fees therefor, until such time as such license is either surrendered, suspended, or revoked. No license shall allow more than one date per calendar week for the playing of bingo.

(Division 6 Added by Ord. 1584 Adopted 3-1-77)

Exceptions & meaning →

Title 4 — LICENSE, EXPIRATION, RENEWAL, TRANSFER, SUSPENSION, REVOCATION

4216.4. - EXPIRATION OF LICENSES.

4216.4.1. - LICENSES.

Every license issued pursuant to the provisions of the Division shall be dated as of the day upon which the same is issued and unless sooner revoked, shall expire at midnight on its six-month anniversary date.

(Amended by Ord. No. 1608, adopted 9-20-77).

Exceptions & meaning →

4216.4.2. - RENEWAL OF LICENSES.

The holder of an unsurrendered, unsuspended, unrevoked, and valid license issued pursuant to the provisions of this Division may have his licenses renewed for respective periods of six months only upon the following terms and conditions, and not otherwise;

(Amended by Ord. No. 1608 Adopted 9-20-79)

Exceptions & meaning →

4216.4.2.1. -

An application for renewal of any such license shall be filed with the Finance Director at least 45 days prior to the expiration date of the license for which renewal is sought.

Exceptions & meaning →

4216.4.2.2. -

If such application for renewal is not filed within the time specified by subsection 4216.4.2.1 of this section, such licensee may thereafter file a written application for renewal of any such expired license, but in such event, such licensee shall pay an additional license fee of Twenty-Five and No/100ths Dollars ($25.00) for such delinquency.

Exceptions & meaning →

4216.4.3. -

The application for renewal shall be accompanied by a license fee established by resolution of the City Council from time to time.

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4216.4.4. -

No licenses shall be issued to any licensee for any additional premises.

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4216.4.5. - VOIDING LICENSES.

If, at any time, it appears as a fact that any license issued under the provisions of this Division has been wrongfully or fraudulently obtained or issued, or used in violation of the provisions of this Division, the Chief of Police may declare such fact, and immediately thereupon any such license shall be null and void.

Exceptions & meaning →

4216.4.6. - NUMBER OF LICENSES LIMITED.

The total number of licenses for bingo in the City authorized and outstanding, may be established by resolution of the City Council from time to time for the entire City.

Exceptions & meaning →

4216.4.7. - TRANSFER AND ASSIGNMENT OF LICENSES PROHIBITED.

No license for a bingo game, or any interest therein, shall be transferred or assigned in whole or in part by any licensee holding any such license and any such purported transfer or assignment shall be null and void.

Exceptions & meaning →

4216.4.8. - SUSPENSION AND REVOCATION OF LICENSES.

4216.4.8.1. - SUSPENSION AND REVOCATION AUTHORIZED.

All licenses issued pursuant to this Division shall be subject to and accepted as subject to:

Exceptions & meaning →

4216.4.8.1.1. -

Suspension by the Chief of Police or Finance Director immediately for any of the grounds for denial of such license in the first instance, and at any time the Chief of Police is satisfied that any of the provisions, terms, or conditions of this Division, the license, or any of the rules or regulations established by the Council with reference to, relating to, or which are concerned with either the bingo games, or activities authorized or licensed by the provisions of this Division, or the premises wherein the same are located, or the manner or mode in which such games, or activities are being conducted, are breached, violated, not complied with or disregarded; or

Exceptions & meaning →

4216.4.8.1.2. -

Suspension or revocation by the Council after a public hearing of which at least (3) days' notice shall be given to the licensee of the time, place, and purpose thereof. Such notice may take the form of an order to show cause, addressed to the licensee, requiring such licensee to show cause before the Council at a time, date, and place stated why the license held by such licensee should not be suspended or revoked and which order to show cause shall set forth the reasons or grounds upon or for which such suspension or revocation is proposed.

Exceptions & meaning →

4216.4.8.2. - HEARINGS.

At any such hearing, the licensee may appear either in person or by counsel or both in person and by counsel, and may produce and submit any evidence such licensee may desire, oral or documentary, which is pertinent to the issues involved.

Exceptions & meaning →

4216.4.8.3. - DECISION FINAL.

The decision of the Council, after such public hearing, shall be final and conclusive.

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4216.4.8.4. - NEW LICENSES.

In the event of revocation, no new license shall be issued to such licensee except upon application made thereafter as in the case of a new applicant.

Exceptions & meaning →

4216.4.9. - RENEWAL OF REVOKED LICENSE.

Any non-profit charitable organization whose license is finally revoked may not again apply for a license to conduct bingo games in the City of Arcadia for a period of one (1) year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701b, d, e, f or l of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption. (Amended by Ord. No. 1608 Adopted 9-20-77)

(Division 6 Added by Ord. 1584 Adopted 3-1-77)

Exceptions & meaning →

Title 5 — RULES AND REGULATIONS

4216.5. - ESTABLISHED.

The following rules and regulations are hereby established and promulgated by the Council with reference to bingo games for which licenses are issued under the provisions of this Division:

Exceptions & meaning →

4216.5.1. -

No intoxicating liquors or beverages shall be sold, given away, dispensed, consumed, or permitted in the room in which bingo is played.

Exceptions & meaning →

4216.5.2. -

No licensee, or other person in charge or control of any bingo game operating under any license held or issued pursuant to the provisions of this Division shall charge any person playing in any of the games licensed by this Division more than five dollars ($5.00) for any one bingo game.

Exceptions & meaning →

4216.5.3. -

No licensee, or other person in charge or control of any game operating under any license held or issued pursuant to the provisions of this Division shall damage, conduct, or carry on any activity licensed by this Division during any time that such license issued by the City has expired or has been or is suspended or revoked.

Exceptions & meaning →

4216.5.4. -

Bingo game conducted or operated in the City pursuant to the provisions of this Division shall be conducted and operated in full conformity with, and subject to, all the provisions of the laws of the State and of the City.

Exceptions & meaning →

4216.5.5. -

No licensee holding a license pursuant to the provisions of this Division, and no agent or representative of such licensee, and no other person in charge or control of any such licensed premises, game or activity shall:

Exceptions & meaning →

4216.5.5.1. -

Permit or allow any person under the age of eighteen (18) years to play the game of bingo;

Exceptions & meaning →

4216.5.5.2. -

Permit or allow any person eighteen (18) years of age or over to play the game of bingo, at any time in or upon the premises covered by or referred to in any such license between the hours of 12:01 A.M. and 9:00 A.M. of any day of the week; or

Exceptions & meaning →

4216.5.5.3. -

Permit or allow any person under the age of eighteen (18) years at any time to be in the bingo room covered by or referred to in such license unless accompanied by parent or guardian.

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4216.5.6. -

No bingo game shall be conducted or allowed to be conducted by licensee except on the days and during the hours specified in its license.

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4216.5.7. -

The total value of prizes awarded during the conduct of any bingo games shall not exceed Two Hundred Fifty and no/100ths Dollars ($250.00) in cash or kind, or both, for each separate game which is held.

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4216.5.8. -

No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game.

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4216.5.9. -

A bingo game shall be operated and staffed only by members of the licensee non-profit charitable organization. Such members shall not receive a profit, wage, or salary from any bingo game or from the licensee. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game.

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4216.5.10. -

All bingo games shall be open to the public, not just to the members of the licensee non-profit charitable organization.

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4216.5.11. -

Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department and Building Department of the City in accordance with applicable laws and regulations.

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4216.5.12. -

A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such non-profit charitable organization for an office or for performance of the purposes for which the non-profit charitable organization is organized. The license issued under this Division shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the license. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by a non-profit charitable organization, upon application under this Division, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. Aforedescribed property need not be used or leased exclusively by said organization.

(Amended by Ord. No. 1608 Adopted 9-20-77)

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4216.5.13. -

No person shall be allowed to participate in a bingo game, unless the person is physically present at the time and place in which the bingo game is being conducted.

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4216.5.14. -

All lights, representations, and displays of every kind and nature whatsoever in, on, or about the location, and premises of any licensed non-profit charitable organization within the City shall at all times be and remain subject to the approval of the Planning Director of the City of Arcadia and any application for a permit for any such lights, representations, and displays shall be submitted to the Council before the permit is issued. The failure or refusal of any licensee to immediately, upon notice from the Planning Director of the City, remove any sign, light, representation, display, or feature which the Planning Director deems objectionable or undesirable for any reason shall be and constitute adequate and sufficient grounds for the suspension or revocation of the license issued to or held by such organization pursuant to the provisions of this Division.

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4216.5.15. -

The Council ordains that it shall be unlawful for any person, as an operator, agent, and/or employee of any duly licensed nonprofit charitable organization to assign, arrange for, or in any other manner sublet, directly or indirectly, with or without consideration, to any non-profit charitable organization not having a valid, unsuspended or unrevoked license to conduct such bingo game. It shall likewise be unlawful for any person, not having a valid, unrevoked or unsuspended license to conduct the game of bingo on the premises of a duly licensed non-profit charitable organization. It shall also be grounds for the revocation or suspension of any license issued to any non-profit charitable organization to permit the farming out, assigning, or subletting of any bingo game lawfully permitted pursuant to the provisions of this Division.

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4216.5.16. -

The playing of bingo games provided for in this Division shall be confined to the room described in the license, of each licensed non-profit charitable organization, and no playing of any bingo games provided for or permitted by this Division shall be permitted at any other location on such non-profit charitable organization's premises, except in that area designated as the "bingo room".

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4216.5.17. -

All bingo premises shall be open for inspection during all normal business hours to the Chief of Police, or his duly authorized representatives, without a search warrant.

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4216.5.18. - VIOLATIONS.

It shall be unlawful for any licensee, or other person to violate any of the rules or regulations set forth in Section 4216.5.

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4216.5.19. - CHANGES IN RULES AND REGULATIONS.

The Council reserves the right to add to, amend, or repeal by ordinance any of the rules and regulations set forth in Section 4216.5 and to so adopt additional rules and regulations.

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4216.5.20. - EMERGENCIES.

The Council further reserves the right to adopt by resolution additional emergency rules and regulations which shall become effective immediately upon adoption, and the violation of any such emergency rules and regulations shall constitute grounds for the suspension and revocation of the licenses issued pursuant to the provisions of this Division.

(Division 6 Added by Ord. 1584 Adopted 3-1-77)

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Title 6 — UNLAWFUL PROFITS, REMEDIES, SEVERABILITY AND PENALTIES

4216.6.1. - RECEIPT OF PROFIT BY A PERSON A VIOLATION OF STATE LAW.

It is a misdemeanor under Section 326.5(b) of the Penal Code of the State of California and this Section for any person to receive or pay a profit, wage, or salary from any bingo game authorized under this Division, punishable by a fine not to exceed Ten Thousand and No/100ths Dollars ($10,000.00), which fine shall be deposited in the general fund of the City of Arcadia.

(Amended by Ord. No. 1608 Adopted 9-20-77).

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4216.6.2. - CITY MAY ENJOIN VIOLATION.

The City of Arcadia 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 Division.

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4216.6.3. - SEVERABILITY.

If any section, subsection or portion of this Division is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Division. The City Council hereby declares that it would have adopted this Division and each section, subsection or portion thereof, irrespective of the fact that any one or more sections, subsections or portion be declared invalid or unconstitutional.

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4216.6.4. - PENALTIES.

Any person violating any of the provisions of this Division or any of the rules and regulations set forth, established or promulgated in this Division shall be guilty of a misdemeanor punishable under Section 1200 of the Arcadia Municipal Code.

(Division 6 Added by Ord. 1584 Adopted 3-1-77)

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