Bishop Municipal Code Ch. 5.12 Bingo

As used in this chapter, the term "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, § 13-15; Code 1985, § 5.12.010)

The game of bingo shall not be allowed, played or conducted, except pursuant to a permit obtained from the city administrator in the manner as provided in this chapter. The permit shall be posted in a conspicuous place on the premises where bingo games are conducted so as to be easily seen.

(Prior Code, § 13-15.1; Code 1985, § 5.12.020)

Corporations, community chests or trusts, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, exempted from the payment of the bank incorporation tax by Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k,23701l and 23701wand a contribution under section 170(c)(2) of the Internal Revenue Code of 1954 are eligible to apply to the city for a permit to conduct bingo games in the city under the provisions of Penal Code § 326.5, and the provisions of this chapter; provided, however, that the receipts of such bingo games are used only for charitable purposes.

(Prior Code, §13-15.2; Code 1985, § 5.12.030; Ord. No. 430, § 12, 1985)

Eligible organizations desiring to obtain such permit to conduct bingo games in the city shall file an application in writing therefor in the office of the city clerk. The application shall be accompanied by a fee of $15.00 which is nonrefundable. The issuing authority is the city administrator. The permit issued shall be for a term of one year from the date of issuance.

(Prior Code, § 13-15.3; Code 1985, § 5.12.040)

No permit shall be issued to any organization unless such applicant is an eligible organization under section 5.12.030 and its application conforms to the requirements, terms and conditions of this chapter.

(Prior Code, § 13-15.4; Code 1985, § 5.12.050)

The application for a permit shall contain the following:

A. The name of the applicant organization and a statement that applicant is both an eligible organization under section 5.12.030 and shall continue to be for the term or duration of the permit;

B. The name and address of all officers and directors of the organization, and the application shall be signed by at least two officers, including the presiding officer;

C. 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 and on which property bingo games will be conducted, together with the occupancy capacity of such place;

D. The proposed day of the week and hours of the day during which bingo games are proposed to be conducted;

E. The applicant agrees to conduct bingo games in strict accordance with the provisions of Penal Code § 326.5 and this chapter, as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked by the city administrator, upon violation of any such provisions;

F. The application shall be signed by the applicant under penalty of perjury;

G. The applicant shall also submit, with its application, a certificate or determination of exemption under Revenue and Taxation Code § 23701d, or a declaration, that the organization making application is exempt under Revenue and Taxation Code § 23701d.

(Prior Code, § 13-15.5; Code 1985, § 5.12.060)

Upon receipt of the completed application and the application fee, the application shall be referred to all interested departments of the city, including, but not limited to, the chief of police, city administrator, city attorney, building department, and the fire department for investigation as to whether or not all of the statements in the application are true and whether or not the property of the applicant qualifies and the extent to which it qualifies, as property on which bingo games may lawfully be conducted, as to fire, occupancy, and other applicable restrictions.

(Prior Code, § 13-15.6; Code 1985, § 5.12.070)

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the city, the city administrator shall issue a permit to the applicant, which shall contain the following information:

A. The name and nature of the organization to whom the permit is issued;

B. The address where bingo games are authorized to be conducted;

C. The occupancy capacity of the room in which bingo games are to be conducted;

D. The day of the week and the hours of the day during which bingo games may be conducted pursuant to the permit;

E. The date of the expiration of such permit;

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

(Prior Code, § 13-15.7; Code 1985, § 5.12.080)

A. When it appears to the city administrator that the permittee is conducting a bingo game in violation of any of the provisions of this chapter, the city administrator or chief of police shall have the authority to summarily suspend the permit and order the permittee to, who shall, immediately cease and desist any and all further operation of bingo games.

B. Any person who conducts a bingo game without a permit or after any summary suspension thereof under subsection A of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding $500.00 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.

C. The order issued under subsection A of this section shall also notify the permittee that it shall have five days from the date of such order to request a hearing to determine whether such permit shall be revoked. Failure to request, in writing, such hearing before the city administrator within the five-day period shall result in a revocation of the permit.

D. Upon such request by the permittee, whose permit has been suspended under subsection A of this section, for a hearing to determine whether such permit shall be revoked, the city administrator shall provide such hearing within ten days after receipt of such request at which hearing the suspended permittee may appear before the city administrator for the purpose of presenting evidence why the permit should not be revoked. No permit 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 permittee at the address given in the application. The notice shall set forth a summary of the grounds for suspension and revocation.

E. Any organization whose permit is revoked under this section shall not conduct any bingo game in the city unless and until such time as the city council, on appeal, determines to overrule the decision of the city administrator.

(Prior Code, § 13-15.8; Code 1985, § 5.12.090)

Any violation of the provisions of Penal Code § 326.5 shall be cause for the summary revocation of any permit issued under the provisions of this chapter.

(Prior Code, § 13-15.9; Code 1985, § 5.12.100)

A. Any holder of a permit whose permit is revoked under this chapter shall have the right, within ten days after the date of mailing of the written notice of 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 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 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 the appeal. The determination of the city council on the appeal shall be final.

B. Any organization whose permit is finally revoked may not again apply for a permit to conduct games in the city for a period of one year from the date of such revocation; provided, however, that if the ground for revocation is cancellation of the exemption granted under Revenue and Taxation Code § 23701d, such organization may again apply for a permit upon proof of reinstatement of the exemption.

(Prior Code, § 13-15.10; Code 1985, § 5.12.110)

The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or kind, or both, for each separate game which is held.

(Prior Code, § 13-15.11; Code 1985, § 5.12.120)