Article IV — Bingo Games

Charitable organizations are hereby authorized to conduct bingo games within the city limits of Colusa subject to the restrictions imposed by this article and California Penal Code section 326.5.

(Ord. No. 345, § 1.)

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 and shall also include cards having numbers or symbols which are concealed and pre-printed in a manner providing for distribution of prizes.

(Ord. No. 345, § 1.)

Only organizations which are exempt 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 Revenue and Taxation Code and Mobilehome Park Associations and Senior Citizen Organizations so long as the receipts of such games are used for charitable purposes, are eligible for a license to conduct bingo games.

(Ord. No. 345, § 1.)

Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application in writing with the chief of police on a form to be provided. All licenses must be approved by the chief of police. The license shall be issued yearly and expire each year on June 30.

(Ord. No. 345, § 1.)

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 purpose 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 article 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 satisfactory proof that the applicant is eligible for a license pursuant to the requirements as set forth in section 3-27.

(Ord. No. 345, § 1.)

The annual fee for the license shall be fifty dollars, which fee shall be submitted with the application. If an application for a license is denied, one-half of any license fee paid shall be refunded to the applicant.

(Ord. No. 345, § 1.)

Upon receipt of the completed application and the fee, the chief of police shall refer the application to other interested departments including the city attorney, building and planning department 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.

(Ord. No. 345, § 1.)

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.

(Ord. No. 345, § 1.)

A licensee shall conduct a bingo game only on property owned or leased by him, or property whose use is donated to the applicant, and which property is used by such applicant for an office or for the performance of the purposes for which the applicant is organized. Nothing in this section shall be construed to require that the property owned or leased by or by whose use is donated to the applicant be used or leased exclusively by or donated exclusively to such applicant. The license issued under this article shall authorize

the holder thereof to conduct bingo games only on such property, the address which is stated in the application.

(Ord. No. 345, § 1.)

No licensee shall conduct bingo games in excess of thirty-six hours per month and no one bingo game shall last more than six hours. No bingo games shall be conducted between the hours of 12:01 A.M. and 8:00 A.M.

(Ord. No. 345, § 1.)

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 article.

(Ord. No. 345, § 1.)

after suspension or revocation.

(a)

Whenever it appears to the chief of police that the licensee:

(1)

Made a false statement on the license application, or

(2)

Is conducting a bingo game in violation of any of the provisions of this article, 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 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) 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 clerk 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) for a hearing to determine whether such license shall be revoked, the chief of police shall provide such hearing within ten 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 said 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. No. 345, § 1.)

(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, or that the license was obtained by fraudulent representation and no summary suspension is ordered under section 3-36, 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 said 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.

(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.

(Ord. No. 345, § 1.)

(a)

Any holder of a license whose license is revoked under this chapter shall have the right, within ten 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 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 his 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 of Colusa 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 as defined in section 3-27, such organization may again apply for the license upon proof of reinstatement of said exemption.

(Ord. No. 345, § 1.)