El Centro Municipal Code Div. 2 License

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; labor, agricultural, or horticultural organizations, fraternal beneficiary societies, orders, or organizations; business leagues, chambers of commerce, real estate boards, and boards of trade; civic leagues; social welfare and employees' organizations; nonprofit pleasure and recreation clubs; voluntary government employees beneficiary organizations, exempted from the payment of the bank and corporation tax by sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701l of the Revenue and Taxation Code; and mobile home park associations and senior citizens organizations; and provided that the proceeds of such games are used only for charitable purposes, 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 Penal Code and the provisions of this Chapter.

(Code 1962, § 16.2-1; Ord. No. 76-15, § 1; Ord. No. 77-16, § 1)

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

(Code 1962, § 16.2-2; Ord. No. 76-15, § 1)

No license shall be issued pursuant to this division to any organization unless such applicant is an eligible organization under section 4-41 and its application conforms to the requirement, terms and conditions of this article.

(Code 1962, § 16.2-3; Ord. No. 76-15, § 1)

The application for a license under this division shall contain the following:

(a) The name of the applicant organization and a statement that the applicant is an eligible organization under section 4-41.

(b) The names and signatures of at least two (2) officers, including the presiding officer, of the corporation or community chest and the trustee of any trust.

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

(d) Proposed days of week and hours of day for conduct of bingo games.

(e) A statement that the applicant 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 finance director upon violation of any of such provisions.

(f) Such application shall be signed by the applicant under penalty of perjury.

(g) The annual license fee fixed by the city council by resolution shall accompany the application.

(h) The applicant shall also submit, with its application, a certificate or determination of exemption under section 23701d 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 such section 23701d.

(Code 1962, § 16.2-4; Ord. No. 76-15, § 1)

Upon receipt of the completed application for a license under this division and the fee, the finance director shall refer the same to interested departments of the city, including but not limited to, the city manager, city attorney, police department, and the fire department for investigation as to whether or not all the statements in the application are true and whether or not all 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.

(Code 1962, § 16.2-5; Ord. No. 76-15, § 1)

Upon being satisfied that the applicant for a license under this division is fully qualified, under the law, to conduct bingo games in the city, the finance director shall issue a license to such 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) Such other information as may be necessary or desirable for the enforcement of the provisions of this article.

(Code 1962, § 16.2-6; Ord. No. 76-15, § 1)

(a) Whenever it appears to the finance director that a licensee under this division is conducting a bingo game in violation of any of the provisions of this article, the finance director 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 paragraph (a) of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable as provided in section 1-12 of this Code.

(c) The order issued under paragraph (a) of this section shall also notify the licensee that it shall have five (5) 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 finance director 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 paragraph (a) of this section, for a hearing to determine whether such license shall be revoked, the finance director shall provide such hearing within ten (10) days after receipt of such request at which hearing the suspended licensee may appear before the finance director 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 (5) days before the hearing thereof by depositing in the United States mail a notice directed to such 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 finance director.

(Code 1962, § 16.2-7; Ord. No. 76-15, § 1)

(a) Whenever it appears to the finance director that a licensee under this division is conducting bingo games in violation of any of the provisions of this article, or that the license was obtained by fraudulent representation and no summary suspension is ordered, under section 4-41, the license may be revoked; provided, however, the licensee may appear before the finance director at the time fixed by the finance director, 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 (5) days before the hearing thereof by depositing in the United States mail a notice directed to such licensee at the address given in the application. The notice shall set

forth a summary of the ground 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 finance director.

(Code 1962, § 16.2-8; Ord. No. 76-15, § 1)

(a) Any holder of a license under this division whose license is revoked under this division shall have the right, within ten (10) 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 (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 (10) 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 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 under section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of such exemption.

(Code 1962, § 16.2-9; Ord. No. 76-15, § 1)