Guadalupe Municipal Code Ch. 5.24 Bingo

For the purposes of this chapter, the following words and phrases are defined as follows:

"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.

"Nonprofit charitable organization"

means an organization exempted from the payment bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954.

(Ord. 174 §1, 1978)

A nonprofit charitable organization is permitted to conduct bingo within the City, provided that it is conducted in accordance with the limitations contained in Section 326.5 of the Penal Code.

(Ord. 174 §2, 1978)

A. Eligible organizations desiring to obtain such permit to conduct bingo games shall file an application therefor in writing in the Office of the City Clerk. Such application shall be signed under penalty of perjury.

B. The following permit fees must accompany each application:

1. For a one-day permit: an amount established by resolution of the City Council.

2. For an annual permit: an amount established by resolution of the City Council.

3. For each annual renewal: an amount established by resolution of the City Council.

C. The City Council may waive such permit fee in proper circumstances within the sole discretion of the Council.

(Ord. 174 §3, 1978; Ord. 2013-414 §10)

No licensee shall conduct any bingo game more than 6 hours out of any 24-hour period. No bingo game shall be conducted before 10:00 a.m. nor after 2:00 a.m. of any day.

(Ord. 174 §5, 1978)

A. Whenever it appears to the Chief of Police that the permittee is conducting a bingo game in violation of any of the provisions of this chapter or of Section 326.5 of the Penal Code, he or she may summarily suspend the permit and order the permittee to immediately cease and desist any further operation of any bingo game. Such suspension order shall be served by posting a copy of the order at the address described in the permit as the location designated of conducting the bingo games, and by depositing a copy of the suspension order in the United States mail, directed to the permittee at the address given in the application.

B. Any person who continues to conduct a bingo game after any summary suspension thereof under subsection A of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Section 5.24.090 of this chapter.

C. The order issued under subsection A shall also notify the permittee of the grounds for the suspension, and shall inform the permittee that he or she shall have 14 calendar days from the date of service of such order to request a hearing before the Council, to determine whether such permit shall be revoked. Failure to request, in writing, such hearing within said 14 days, shall result in a revocation. The permittee shall be notified of such fact by depositing in the United States mail a notice directed to the permittee at the address given in the application.

(Ord. 174 §6(a), 1978)

Any permittee whose permit is suspended or revoked pursuant to Section 5.24.050 shall have the right, within 14 calendar days after service of the suspension order or revocation order, to file a written request for hearing to the Council. Such request shall state the specific ground or grounds upon which the permittee contends the permit should not be revoked. The Council shall hold a hearing regarding the possible revocation of the bingo permit within 30 calendar days after receipt by the City of such request for hearing, or at a time thereafter agreed upon, and shall cause the appellant to be given at least 10 calendar 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 or her appeal. All such testimony, whether written or oral, shall be given under penalty of perjury. The determination of the Council on the appeal shall be final. At the conclusion of the hearing, the Council shall make findings supporting its decision whether the permit should be revoked.

(Ord. 174 §6(d), 1978)

Any organization whose permit is revoked pursuant to subsection C of Section 5.24.050 shall not conduct any bingo game in the City until such time as the Council, on appeal, determines to set aside such revocation.

(Ord. 174 §6(e), 1978)

No person who is obviously intoxicated shall be allowed to participate in a bingo game.

(Ord. 174 §4, 1978)

Any person guilty of violating any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and/or imprisonment in accordance with the general penalty provision then in effect in the City, pursuant to Chapter 1.08 of this code, as amended.

(Ord. 174 §7, 1978; Ord. 86-271 §28)