Gustine Municipal Code Art. 2 License

No bingo game shall be allowed, played, or conducted without a license first being obtained from the city.

(Code 1966, § 5-7.02)

(a) An application for a bingo license shall be filed in the office of the city manager. The application for such license shall be signed and verified by the applicant and shall set forth the following information:

(1) The name and address of the organization to which the license will be issued;

(2) The name, address, and telephone number of the applicant, who shall be a duly authorized representative of the applying organization;

(3) The name, address, and telephone number of the president or chief officer of the organization, which intends to conduct any bingo game;

(4) The person who has the custody of the financial records of the bingo games, which records are required by the provisions of this chapter, and the location of such records;

(5) The intended location where the bingo game is to be held;

(6) The day or days of the week or specific dates upon which the bingo games are to be conducted and the hours thereof;

(7) A schedule of the fees or charges to be collected from the players for each bingo game or for the different varieties of bingo games to be conducted; and

(8) A statement that the place where the bingo games are to be conducted is the regular meeting place of the organization conducting such games, or that such organization has no such meeting place and will conduct the bingo games on premises owned or controlled by a tax-exempt organization, as described in this chapter.

(b) Each application for a bingo license shall be accompanied by a written resolution of the governing board or body of the organization which is to conduct such games, such resolution being signed by the president or presiding officer of such organization and its secretary, authorizing the application for a bingo license.

(c) Each application for a bingo license shall be accompanied by a certificate issued by the state franchise tax board or by the Internal Revenue Service certifying the tax-exempt status of the organization applying for such license.

(Code 1966, § 5-7.03)

All applications for bingo licenses shall be accompanied by an application fee as set by resolution, no part of which shall be refundable, and which shall be collectible annually.

(Code 1966, § 5-7.04(a))

State Law reference— Authorized fee, Penal Code § 326.5(l).

(a) The city manager shall verify the tax-exempt status of the applying organization and shall verify that the place where the bingo game will be conducted is the place where the applying organization usually meets or conducts its business, or that the applying organization has no such meeting place and will conduct the bingo game on property owned or controlled by a tax-exempt organization.

(b) The city manager shall forward the application to the chief of police, who shall investigate whether:

(1) The conduct of such bingo games at the times, and at the place indicated will not disturb the peace of the neighborhood and will not create substantial traffic or parking problems; and

(2) Neither the applying organization nor any person listed in the application has violated any laws and regulations of the city regarding building, fire, health, or safety and that the applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statement of facts in his application or any other documents required by the city to be submitted in conjunction with the application.

(Code 1966, § 5-7.04(b), (c))

(a) Licenses for bingo games shall be granted only to organizations exempted from the payment of the bank and corporation tax by Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l and to mobile home park associations and senior citizen organizations; provided, however, that in all cases the receipts of those games are used only for charitable purposes.

State Law reference— Similar provisions, Penal Code § 326.5(a).

(b) The city manager shall not issue a bingo license to any applicant if the city manager or the chief of police cannot certify any one of the findings required by this chapter to be made or if it appears from the application that the conduct of such games would be in violation of any of the terms, conditions, and requirements of this chapter. No license shall be issued without approval of the council.

(c) Whenever any person desires such a license, such person shall petition the council, which petition shall state the name of the applicant, the character and location of the proposed business, and any other information which the council may by resolution require. On consideration of such petition, the council may authorize the license to be issued in whole or in part or rejected in whole or in part.

(Code 1966, §§ 3-1.106, 5-7.05(a), (b))

No bingo game licenses shall be effective only for the calendar year, or part thereof, in which issued.

(Code 1966, § 5-7.02)

No bingo license shall be transferable.

(Code 1966, § 5-7.05(c))

(a) Whenever it appears to the city manager that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the city manager 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 subsection (a) of this section shall be deemed guilty of a misdemeanor.

(c) The order issued under subsection (a) of this section shall also notify the licensee that it shall have five days after the date of such order to request a hearing to determine whether such license shall be revoked. If the licensee fails to request, in writing, a hearing before the city manager within such five-day period shall result in revocation of such license.

(d) Upon such a request by the licensee, whose license has been suspended under subsection (a) of this section, for a hearing to determine whether such license shall be revoked, the city manager shall provide such hearing within ten days after the receipt of such request at which hearing the suspended licensee may appear before the city 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 of the time and place of such hearing shall have first been given at least five days before the hearing 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 grounds 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 council, on appeal, determines to overrule the decision of the city manager.

(Code 1966, § 5-7.06)

(a) Whenever it appears to the city 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 and no summary suspension is ordered under section 5-4-48, the license may be revoked; provided, however, that the licensee may appear before the city manager, at the time fixed by the city 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 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 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 city until such time as the council, on appeal, determines to overrule the decision of the city manager.

(c) 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 council. Such appeal shall set forth the specific grounds on which it is based. The council shall hold a hearing on the appeal within 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 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 council on the appeal shall be final.

(d) 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 after the date of such revocation; provided, however, that if the ground for revocation is cancellation of the exemption granted under Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l, such organization may again apply for a license upon proof of the reinstatement of such exemption.

(Code 1966, §§ 5-7.07, 5-7.08)