Hawaiian Gardens Municipal Code Ch. 5.42 Bingo Games

As used in this chapter, "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.

(Ord. 516 § 4, 2007)

The provisions of this chapter shall prevail over any provisions of this Code which are inconsistent with this chapter, including, but not by way of limitation, the provisions of Chapter 9.20.

(Ord. 516 § 4, 2007)

The playing, maintaining or operating of a bingo game as defined in Section 5.42.010 and as defined by Section 326.5(o) of the California Penal Code shall be permitted if played, maintained or operated in accordance with all of the provisions of Section 325.6 of the California Penal Code and of this chapter.

(Ord. 516 § 4, 2007)

No person shall play bingo or maintain or operate a bingo game, as the term bingo is defined in Section 5.42.010 and in Section 326.5(o) of the California Penal Code unless a permit for such a bingo game has been obtained pursuant to this chapter and is in full force and effect, and such bingo game is maintained or operated in compliance with the provisions of Section 326.5 of the California Penal Code and with each term and condition of the permit issued therefore pursuant to this chapter.

(Ord. 516 § 4, 2007)

The permit fees required to maintain or operate a bingo game shall be as follows:

A. Permit fee, $50.00;

B. One-half of the permit fee mentioned in subsection A. of this section shall be refunded in the event the permit is not granted by the City.

(Ord. 516 § 4, 2007)

Eligible organizations desiring to obtain a permit to conduct bingo games in the City shall file an application in writing with the City Administrator. Any permit shall be issued for a term of one year from the date of issuance, subject to renewal and an annual fee of $50.00. No permit shall be issued to any organization unless the applicant is an eligible organization as defined in Section 326.5 of the California Penal Code and its application conforms to the requirements, terms and conditions of this chapter.

(Ord. 516 § 4, 2007)

In addition to the information required under Section 5.08.030, the application for a permit shall contain the following:

A. The name of the applicant organization and a statement that the applicant is an eligible organization under Section 326.5 of the California Penal Code;

B. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the California Penal Code and this chapter as they may be amended from time to time and agrees that the license to conduct bingo games may be suspended or revoked upon violation of any of such provisions;

C. The annual permit fee shall accompany the application;

D. The applicant shall also submit, if applicable, a certificate or determination of exemption under Section 23701(d) 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 Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l).

(Ord. 516 § 4, 2007)

Upon receipt of the completed application and the fee, the City Administrator or designee shall cause to be conducted an investigation in accordance with those procedures set forth under Section 5.08.040 of this Code.

(Ord. 516 § 4, 2007)

A hearing shall be conducted on whether a permit will be issued in accordance with the procedures set forth under Section 5.08.050 of this Code.

(Ord. 516 § 4, 2007)

Revocation of a permit issued pursuant to this chapter shall be governed by those procedures set forth under Section 5.08.110 of this Code.

(Ord. 516 § 4, 2007)

A permit fee of $50.00 is fixed and imposed upon each applicant for each year or any portion thereof during which a permit is in effect pursuant to this chapter and the procedures set forth under Section 5.08.090 of this Code.

(Ord. 516 § 4, 2007)

Any appeal by an applicant for a denial or revocation of a permit under this chapter shall be in accordance with Section 5.08.060 of this Code.

(Ord. 516 § 4, 2007)

Any permit issued shall be posted in accordance with those requirements set forth under Section 5.08.070.

(Ord. 516 § 4, 2007)

Any transferability or modification of a permit issued under this chapter shall be in accordance with the provisions of Sections 5.08.120 and 5.08.130 of this Code.

(Ord. 516 § 4, 2007)

The playing, maintaining or operating of bingo games shall only be located in the bingo club overlay zone provided for in Sections 18.80.040 of the Hawaiian Gardens Zoning Code.

(Ord. 516 § 4, 2007)