5-1 BINGO. [1]

1 Editor’s Note: This section was adopted by Ord. No. 15, §1[4].

Bingo games are allowed pursuant to and as restricted by Section 19(c) of Article IV of the California Constitution, California Penal Code Section 326.5 (including future amendments thereto), and the provisions of this section.

The provisions of Penal Code Section 326.5 (including future amendments) are incorporated in this section by this reference; and “charitable organization” in this section means an organization referred to therein.

a. No charitable organization shall conduct a bingo game without a currently valid, unrevoked, unsuspended license as provided for by this section.

b. No person shall promote, supervise, operate, conduct, or staff any bingo game, or participate in such activity, unless he is a member of a charitable organization which is lawfully licensed to do so and which has designated him to do so and he is designated in its license to do so.

a. The application for a license to conduct bingo games shall be made to the Danville Police Department on forms provided by that office.

b. The application shall include the following information:

1. The name, address, date and place of birth, physical description and driver’s license number of every officer of the charitable organization;

2. The name, address, date and place of birth, physical description and driver’s license number of not more than twenty (20) members to be authorized to operate bingo games on behalf of the organization;

3. The date(s) and location(s) of the proposed bingo game(s);

4. Proof that the organization is a charitable organization as defined by Penal Code Section 326.5(a);

5. The application or renewal fee.

a. A bingo license shall be valid for one (1) year and upon application may be renewed on a yearly basis.

b. The fee for a bingo license shall be fifty ($50.00) dollars. The fee for renewal shall be ten ($10.00) dollars. The fees are nonrefundable and shall be used to defray the cost of issuing or renewing the license, but when a license or renewal is denied, one-half (1/2) the fee shall be refunded.

Upon receiving a completed application with fee, the Danville Police Department may investigate to determine whether the license should be issued.

Within fourteen (14) days after receipt of a completed application, the Danville Police Department shall either issue the license or deny it in writing with the reasons therefor.

The Danville Police Department may suspend or revoke a license for any violation of the provisions of this article or of any applicable law or regulation, or for any false, misleading or fraudulent statement of a material fact in the application for the license, or in the promotion, supervision, operation, conduct or staffing of any bingo game.

If the Danville Police Department determines that a bingo license should be suspended or revoked, the Department shall serve on the licensee a notice of intent with the reasons therefor. The notice shall provide for a suspension or revocation of the license seven (7) days after service of the notice upon the licensee, unless the licensee arranges to appear at a hearing before the Chief of Police and show cause why such action should not be taken.

• a. The Danville Police Department may immediately suspend or revoke a bingo license upon the licensee’s refusal to:

1. Permit the entry of any peace officer to investigate the conduct of a bingo game; or

2. Permit the Danville Police Department to review or audit the charitable organization’s records relating to the conduct of bingo games under the license and to the special account required by Penal Code Section 326.5(j).

b. Upon taking such action, the Danville Police Department shall within forty-eight (48) hours serve on the licensee a written statement of the reasons for this action, and schedule a show-cause hearing on reinstatement of the license within five (5) days of a request to do so by the licensee.

The Danville Police Department shall issue a written decision within seven (7) days after the conclusion of a show-cause hearing.

Appeals from action taken hereunder shall be governed by Section 1-8.

Each license shall be issued to a specific charitable organization authorizing not more than twenty (20) named members to conduct a bingo game on its behalf at one (1) or more named locations. This license is not transferable from one (1) organization to another, from one (1) member to another, or from one (1) location to another. The license is only a temporary and nontransferable permit to act within the provisions of this section and all other applicable laws and regulations, and always expires no later than one (1) year from its date. It has no validity when it has been seized, suspended, or revoked by

the Danville Police Department. Any attempt to transfer, assign, pledge, mortgage or hypothecate the license, or to attach or execute on it, immediately and permanently voids it.

The license shall be prominently displayed at the authorized location(s) during the game(s).

No bingo games shall be conducted between the hours of 2:00 a.m. and 9:00 a.m.

The application for or acceptance of a license constitutes:

a. Consent to the entry of any peace officer(s) to investigate the location(s) identified in the application, before the issuance of a license as well as during any game(s) thereafter;

b. Consent to the Danville Police Department reviewing or auditing the charitable organization’s record relating to the conduct of bingo games and to the special account required by Penal Code §326.5(j), for the purpose of verifying compliance with the financial interest and special fund requirements of Penal Code §326.5 and with this section and all other applicable laws and regulations.