Fairfax Municipal Code Art. I Licenses

(A) Organizations exempted from the payment of the bank and corporation tax by Cal. Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 237011, and senior citizens’ organizations may apply to the town for a license to conduct bingo games in the town under the provisions of Cal. Penal Code § 326.5 and the provisions of this chapter.

(B) The receipts of the games conducted by any such organization shall be used only for charitable purposes.

(Prior Code, § 5.32.010) (Ord. 575, passed - -1988)

(A) Eligible organizations desiring to obtain the license to conduct bingo games in the town shall file an application, in writing, therefor in the office of the Town Manager on a form to be provided by the town.

(B) The issuing authority shall be the Town Manager.

(C) The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee.

(Prior Code, § 5.32.020)

No license shall be issued to any organization unless the applicant is an eligible organization under § 5.32.010 and its application conforms to the requirements, terms and conditions of this chapter.

(Prior Code, § 5.32.030)

(A) Application for a license shall contain the following:

(1) The name of the applicant organization and a statement that the applicant is an eligible organization under § 5.32.010 of this chapter;

(2) The name and signature of at least two officers, including the presiding officer, of the corporation or community chest and the trustee of any trust;

(3) The particular property within the town, including the street number, owned or leased by the applicant, used by the 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 the place;

(4) Proposed days of the week and hours of the day for conduct of bingo games;

(5) The applicant agrees to conduct bingo games in strict accordance with the provisions of Cal. Penal Code § 326.5 and of 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 Town Manager upon violation of any such provisions; and

(6) The signature of the applicant, under penalty of perjury.

(B) The annual license fee fixed by the Town Council by resolution shall accompany the application.

(C) The applicant shall also submit, with its application, a certificate or determination of exemption under Cal. Revenue and Taxation Code § 23701d, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing exemption under Cal. Revenue and Taxation Code § 23701d.

(Prior Code, § 5.32.040)

Upon receipt of the completed application and the fee, the Town Manager shall refer the same to interested departments of the town, including, but not limited to the Town Attorney, the Police Department, the Planning 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.

(Prior Code, § 5.32.050)

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the town, the Town 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 the license; and

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

(Prior Code, § 5.32.060)

(A) Whenever it appears to the Town Manager that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation, the license may be revoked; provided that, the licensee may appear before the Town Manager, at the time fixed by the Town 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 the 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 town until such time as the Town Council, on appeal, determines to overrule the decision of the Town Manager.

(Prior Code, § 5.32.070)

(A) (1) 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 Town Council.

(2) The appeal shall set forth the specific ground or grounds on which it is based.

(3) The Town Council shall hold a hearing on the appeal within 30 days after its receipt by the town, or at a time thereafter agreed upon, and shall cause the appellant to be given at least ten days’ written notice of the hearing.

(4) 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 or her appeal.

(5) The determination of the Town 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 town for a period of one year from the date of the revocation; provided that, if the ground for revocation is cancellation of the exemption granted under Cal. Revenue and Taxation Code § 23701d, the organization may again apply for a license upon proof of reinstatement of the exemption.

(Prior Code, § 5.32.080)