Fullerton Municipal Code Ch. 7.40 Remote Caller Bingo Games

The purpose of this chapter is to authorize remote caller bingo games within the city so as to provide nonprofit organizations with an additional method of fund-raising to assist them in providing essential services to the community.

(Ord. 3209, passed - -2014)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CALLER. As defined in as 4 C.C.R. § 12480(b)(4).

CHIEF OF POLICE. The Chief of the Fullerton Police Department, and shall include his or her designee.

CITY. The City of Fullerton.

CITY COUNCIL. The City Council for the City of Fullerton.

GAME. As defined in 4 C.C.R. § 12480(b)(9).

MOBILE HOME PARK. As defined in Cal. Health and Safety Code § 18214.

(Ord. 3209, passed - -2014)

Remote caller bingo may be lawfully played in the city pursuant to the provisions of this chapter, and not otherwise.

(Ord. 3209, passed - -2014)

It is unlawful for any person, firm, corporation or organization to permit, conduct, organize, operate or participate in any bingo game except where such game is authorized and licensed in accordance with the provisions of this chapter or any other chapter of this code dealing with bingo.

(Ord. 3209, passed - -2014)

(A) The following organizations are qualified to apply to the Chief of Police for a license to operate a bingo game if the receipts of those games are used only for charitable purposes:

(1) An organization exempt from the payment of the taxes imposed under the Corporation Tax Law by Cal. Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l or 23701w;

(2) A mobile home park association of a mobile home park that is situated in the city;

(3) Senior citizen organizations; and

(4) Charitable organizations affiliated with a school district.

(B) The application shall be in a form prescribed by the Chief of Police and shall be accompanied by a nonrefundable filing fee in an amount determined by resolution of the City Council. The following documentation shall be attached to the application, as applicable:

(1) A certificate issued by the Franchise Tax Board certifying that the applicant is exempt from the payment of the taxes imposed under the Corporation Tax Law pursuant to Cal. Revenue and Taxation Code §§ 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), 23701(k), 23701(l) or 23701(w). In lieu of a certificate issued by the Franchise Tax Board, the Chief of Police may refer to the Franchise Tax Board’s Internet website to verify that the applicant is exempt from the payment of the taxes imposed under the Corporation Tax Law.

(2) Other evidence as the Chief of Police determines is necessary to verify that the applicant is a duly organized mobile home park association of a mobile home park situated in the city.

(Ord. 3209, passed - -2014)

The license shall not be issued until the Chief of Police has verified the facts stated in the application and determined that the applicant is qualified.

(Ord. 3209, passed - -2014)

A license issued pursuant to this chapter shall be valid until the end of the calendar year, at which time the license shall expire. A new license shall only be obtained upon filing a new application and payment of the license fee. The fact that a license has been issued to an applicant creates no vested right on the part of the licensee to continue to offer bingo for play. The City Council expressly reserves the right to amend or repeal this chapter at any time. If this chapter is repealed, all licenses issued pursuant to this chapter shall cease to be effective for any purpose on the effective date of the repealing ordinance.

(Ord. 3209, passed - -2014)

Each license issued pursuant to this chapter shall be subject to the following conditions.

(A) Bingo games shall not be conducted by any licensee on more than two days during any week, except that a licensee may hold one additional game, at is election, in each calendar quarter.

(B) The licensed organization is responsible for ensuring that the conditions of this chapter are complied with by the organization and its officers and members. A violation of any one or more of those conditions or provisions shall constitute cause for the suspension or revocation of the organization’s license.

(Ord. 3209, passed - -2014)

(A) Whenever it appears to the Chief of Police that the licensee is conducting a remote caller bingo game in violation of any of the provisions of this chapter, 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 remote caller bingo game. The Chief of Police shall issue an order therefor and in the order shall articulate the basis for the suspension.

(B) Any person who continues to conduct a bingo game after any summary suspension of a license shall be deemed guilty of a misdemeanor and conviction thereof shall be punishable by a fine not exceeding $500, or by imprisonment in jail for a period not exceeding six months, or by both such fine and imprisonment.

(C) The order issued under division (A) above shall also notify the licensee that it shall have five days from the date of the order to submit a written request to the Chief of Police for a hearing to determine whether the license shall be revoked. Failure to submit a timely written request for a hearing shall result in a revocation of the license.

(D) The Chief of Police shall provide a hearing within ten days of receipt of the written request. The Chief of Police shall provide notice of the time and place of the hearing at least five days before the hearing, by depositing in the U.S. mail a notice directed to the 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. The licensee shall be provided the opportunity to present relevant evidence in opposition to the suspension or revocation of the license.

(E) The Chief of Police’s decision shall issue in writing within five business days of the hearing, and shall be final. The decision shall include reference to Cal. Code of Civil Procedure §§ 1094.5 and 1094.6.

(Ord. 3209, passed - -2014)

(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 chapter, or that the license was obtained by fraudulent representation, and no summary suspension is ordered under § 7.40.090, 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.

(B) The Chief of Police shall provide a hearing within ten days of receipt of the written request. The Chief of Police shall provide notice of the time and place of the hearing at least five days before the hearing, by depositing in the U.S. mail a notice directed to the 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. The licensee shall be provided the opportunity to present relevant evidence in opposition to the suspension or revocation of the license.

(C) The Chief of Police’s decision shall issue in writing within five business days of the hearing, and shall be final. The decision shall include reference to Cal. Code of Civil Procedure §§ 1094.5 and 1094.6.

(Ord. 3209, passed - -2014)

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 two years from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under any applicable section of the Cal. Revenue and Taxation Code, the organization may again apply for a license upon proof of reinstatement of the exemption.

(Ord. 3209, passed - -2014)

(A) This chapter is not the exclusive means for abatement of violations of this chapter within the city. The remedies set forth pursuant to this section shall be in addition to any other existing remedies for municipal code violations, including, but not limited to, administrative citations, criminal prosecution or any action at law or equity.

(B) Any violation of the provisions of this chapter is hereby declared a public nuisance.

(Ord. 3209, passed - -2014)