City of Industry Municipal Code Ch. 5.16 Bingo for Charitable Purposes

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. Bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes.

(Ord. 483 § 1, 1983)

Organizations exempted from the payment of the bank and corporation tax by Sections 23701 (a), 23701 (b), 23701 (d), 23701 (e), 23701 (f), 23701 (g) and 23701 (1) of the California Revenue and Taxation Code, and mobile home park associations and senior citizens organizations, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the California Penal Code and the provisions of this chapter.

(Ord. 483 § 1, 1983; Ord. 531 § 1, 1986)

Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application in writing therefor in the office of the city manager on a form to be provided by the city manager. The license issued shall be for a term of one year from the date of issuance, subject to, renewal and annual fee.

(Ord. 483 § 1, 1983)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.16.020 and its application conforms to the requirements, terms and conditions of this chapter.

(Ord. 483 § 1, 1983)

A. The application for a license shall contain the following:

1. The name of the applicant organization and a statement that applicant is an eligible organization under Section 5.16.020 of this chapter;

2. The names and addresses of at least two officers, including the presiding officer of a corporation or community chest and the trustee of any trust;

3. The particular property, including the street number, within the city where bingo games will be conducted, together with the occupancy capacity of such place. The property must be used by the applicant. for an office or for performance of the purposes for which the applicant is organized and must be owned or leased by the applicant or the use donated to the applicant;

4. Proposed day of week and hours of day for conduct of bingo games;

5. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the California 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 city manager upon violation of any of such provisions;

6. A copy of California Penal Code Section 326.5.

B. The application shall be signed by two duly authorized officers (or trustees if applicant is a trust) of the applicant under penalty of perjury. The signatures shall follow the following statement: "I have read and understand the provisions of California Penal Code Section 326.5."

C. An application fee of fifty dollars shall accompany the application.

D. The applicant shall also submit, if applicable, a certificate of Determination of Exemption under Section 23701 (d) 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 Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g or 23701 (1).

(Ord. 483 § 1, 1983)

Upon receipt of the completed application and the fee, the city manager shall refer the same to interested departments of the city, including but not limited to the city attorney, the sheriff's department and the fire department for investigation as to whether or not all 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.

(Ord. 483 § 1, 1983)

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

A. The name and nature of the organization to whom the license 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 date of the expiration of such license;

E. The provisions of California Penal Code Section 325.6;

F. The statement that the license may not be assigned or transferred;

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

(Ord. 483 § 1, 1983)

A. Whenever it appears to the city manager that the licensee is conducting a bingo game in violation of any of the provisions of California Penal Code Section 326.5, the provisions of this chapter or any condition of the license, or that the license was obtained by fraudulent representations, the city manager 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 of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars 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 of this section shall also notify the licensee that it shall have five days from the date of such order to request a hearing before the city manager to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the city manager within said 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 of this section, for a hearing to determine whether such license shall be revoked, the city manager shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the city manager 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 said suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds 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 for a period of one year, unless the matter is appealed to the city council pursuant to Section 5.16.100. Said license shall remain revoked during the pendency of any such appeal.

(Ord. 483 § 1, 1983)

A. Whenever it appears to the city manager that the licensee is conducting bingo games in violation of any of the provisions of California Penal Code Section 326.5, or the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered under Section 5.16.080 or that the manner in which the bingo games are being operated interferes with the use and enjoyment of adjacent or nearby properties, the license may be revoked; provided, however, the licensee may appear before the city manager at the time fixed by the city manager 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 aid licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the revocation; provided further, that the city manager may attach conditions to the license to make the conduct of the bingo games compatible with the adjacent and nearby properties.

B. Any organization whose license is revoked under this section shall not conduct any bingo game in the city for a period of one year unless the matter is appealed to the city council pursuant to Section 5.16.100. The license shall remain revoked during the pendency of any such appeal.

(Ord. 483 § 1, 1983)

A. Any holder of a license whose license is revoked or conditioned under this chapter shall have the right, within ten days after receiving notice in writing of the revocation or conditions, 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 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 written or oral argument, or both, in support of its appeal. The determination of the city council on the appeal shall be final.

B. Any organization whose license is not reinstated by the city council on appeal may not apply for a license to conduct bingo games in the city for a period of one year from the date of the action of the city council; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701 (d) of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

(Ord. 483 § 1, 1983)

An application and renewal fee of fifty dollars is fixed and imposed upon each applicant for each year or any portion thereof during which a license shall be in effect pursuant to this chapter. Such license fee shall not be apportioned or prorated for any period of less than a year. A license fee of one percent of the monthly gross receipts over five thousand dollars derived from bingo games is fixed and imposed on each applicant for each month or portion thereof during which a license shall be in effect pursuant to this chapter. Said additional fee shall be paid monthly on or before the fifteenth day of each month for the gross receipts in excess of five thousand dollars derived from bingo games during the previous month. A license issued pursuant to this chapter shall be renewable, in the absence of revocation or grounds for revocation, during the thirty-day period prior to its expiration. The licensee may apply for renewal on a form prescribed by the city manager accompanied by payment of the renewal fee. If it appears that there are grounds for revocation, the license renewal may be denied; provided, however, that the procedure specified in Section 15.16.090 with respect to revocation shall be followed in connection with denial of renewal. A license not so renewed shall expire automatically at the end of the license year. If any application or renewal is denied, one-half of the application or renewal fee, as the case may be, shall be refunded.

(Ord. 483 § 1, 1983)

Any license issued by the city pursuant to this chapter shall not be assigned or transferred by the applicant. Any attempted or purported assignment or transfer shall be deemed void and of no force and effect.

(Ord. 483 § 1, 1983)

The city may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the California Penal Code or of this chapter.

(Ord. 483 § 1, 1983)