Irvine Municipal Code Ch. 2 Suspension and Revocation

A. Whenever it appears to the Director of Public Safety/Chief of Police that the licensee is conducting a bingo game in violation of any of the provisions of this division, the Director of Public Safety/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 bingo game. Any such order shall be in writing and personally served upon the licensee.

B. Any person who continues to conduct a bingo game after any summary suspension thereof under Section 4-16-201A shall be deemed guilty of a misdemeanor.

C. The order issued under Section 4-16-201A shall also notify the licensee that it shall have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the City Manager within said five-day period shall result in a revocation of the license.

D. Upon such request by the licensee whose license has been suspended under Section 4-16-201A for a hearing to determine whether such license shall be revoked, the City Manager shall provide such hearing within 10 days after receipt of such request at which hearing the suspended licensee may appear before the City Manager. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation. The licensee shall be afforded the opportunity to present evidence why the license should not be revoked. The licensee shall be entitled to be represented by counsel.

E. At the close of the hearing, the City Manager shall render a decision. If the City Manager decides that the license should be revoked, a written notice thereof shall be personally served upon the licensee. Said written notice shall contain the following:

1. A clear and concise statement of the ground for revocation.

2. A statement that the licensee has a right to appeal the decision to the City Council.

F. Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the City Council, on appeal by the licensee, determines to overrule the decision of the City Manager.

(Code 1976, § IV.N-201; Ord. No. 266, § 1, 7-22-80)

A. Whenever it appears to the City Manager that the licensee is conducting bingo games in violation of any of the provisions of this division, or that the license was obtained by fraudulent representation and no summary suspension is ordered under Section 4-16-201, the license may be revoked; provided, however, the licensee shall have the opportunity to appear at a hearing conducted by the City Manager. No license shall be revoked under this section unless written notice shall have been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation. The licensee shall be afforded the opportunity to present evidence why the license should not be revoked. The licensee shall be entitled to be represented by counsel.

B. At the close of the hearing, the City Manager shall render a decision. If the City Manager decides that the license should be revoked, a written notice thereof shall be personally served upon the licensee. Said written notice shall contain the following:

1. A clear and concise statement of the ground for revocation.

2. A statement that the licensee has a right to appeal the decision to the City Council.

C. Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the City Council, on appeal by the licensee, determines to overrule the decision of the City Manager.

(Code 1976, § IV.N-202; Ord. No. 266, § 1, 7-22-80)

Any licensee whose license is revoked pursuant to Section 4-16-201 or 4-16-202 shall have the right, within 10 days after receiving notice in writing of the revocation, to file a written appeal to the City Council with the City Clerk. Such appeal shall set forth the specific ground(s) on which it is based. The City Council shall hold a hearing on the appeal within 30 days after its receipt by the City Clerk, or at a time thereafter agreed upon by the appellant and shall cause the appellant to be given at least 10 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 its appeal. The determination of the City Council on the appeal shall be final.

(Code 1976, § IV.N-203; Ord. No. 266, § 1, 7-22-80)

Any organization whose license is finally revoked may not again apply for license to conduct bingo games in the City of Irvine for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Revenue and Taxation Code § 23701(d), such organization may again apply for a license upon proof of reinstatement of said exemption.

(Code 1976, § IV.N-204; Ord. No. 266, § 1, 7-22-80)