La Mirada Municipal Code Ch. 4.40 Bingo

Organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701l of the California Revenue and Taxation Code, and mobilehome park associations and senior citizens organizations, are eligible to apply to the city for a permit to conduct bingo games in the city pursuant to the provisions of Section 326.5 of the California Penal Code and the provisions of this chapter, provided:

(1) The proceeds of such games are used only for charitable purposes;

(2) Such organization or association has owned or leased property within the city for at least two years prior to the time that the organization or association files its application for a permit and has used or maintained said property during the two-year period in the conduct of its affairs; or

(3) If such organization or association has not owned or leased property for at least two years, that the city council finds after review and comment from city staff that:

(A) Such organization or association is otherwise qualified to receive a permit, and

(B) Such organization or association acts in some capacity for or on behalf of the city.

(Ord. 491 § 8 (part), 1995; Ord. 383 § 2 Ex. A (part), 1986).

Eligible organizations desiring to obtain such permit to conduct bingo games in the city shall file an application in writing therefor in the office of the finance director on a form to be provided by the finance director. The issuing authority shall be in the finance director. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee.

(Ord. 383 § 2 Ex. A (part), 1986).

No permit shall be issued to any organization unless such applicant is an eligible organization under Section 4.40.010 and its application conforms to the requirements, terms and conditions of this chapter.

(Ord. 383 § 2 Ex. A (part), 1986).

(a) Application for a permit shall contain the following:

(1) The name of the applicant, organization and a statement that applicant is an eligible organization under Section 4.40.010;

(2) The name and signature of at least two officers, including the presiding officer, of the corporation or community chest and the trustee of any trust;

(3) The particular property within the city, including the street number owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place;

(4) Proposed day of week and hours of day for conduct of bingo games;

(5) 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 revoked by the city administrator upon violation of any such provisions.

(b) The application shall be signed by the applicant under penalty of perjury.

(c) A permit fee of fifty dollars shall accompany each application.

(d) The applicant shall also submit, with its application, a certificate of determination of exemption under Section 23701d of the Revenue and Taxation Code, or a letter of good standing from the exemption division of the franchise tax board of Sacramento, showing exemption under said Section 23701d, or evidence establishing the existence of a mobile home park association or senior citizen organization as provided in Section 4.40.010.

(Ord. 383 § 2 Ex. A (part), 1986).

Upon receipt of the completed application and the fee, the finance director shall refer the same to interested departments of the city, including but not limited to, the city manager, city attorney, sheriff's department, planning department and the fire department for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies and the extent to which it qualifies, as property on which bingo games may lawfully be conducted, as to fire, occupancy and other applicable restrictions.

(Ord. 383 § 2 Ex. A (part), 1986).

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city, the finance director shall issue a permit to said applicant, which shall contain the following information:

(1) The name and nature of the organization to whom the permit is issued;

(2) The address where bingo games are authorized to be conducted;

(3) The occupancy capacity of the room in which bingo games are to be conducted;

(4) The date of the expiration of such permit;

(5) The day of the week and the hours when the bingo game will be conducted;

(6) Such other information including conditions as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Ord. 383 § 2 Ex. A (part), 1986).

(a) Whenever it appears to the sheriff's department that the permittee is conducting a bingo game in violation of any of the provisions of this chapter, the sheriff's department shall have the authority to summarily suspend the permit and order the permittee 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 and upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

(c) The order issued under subsection (a) of this section shall also notify the permittee that it shall have five days from the date of such order to request a hearing before the city manager to determine whether such permit 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 permit.

(d) Upon such request by the permittee whose permit has been suspended under subsection (a) of this section, for a hearing to determine whether such permit shall be revoked, the city manager shall provide such hearing within ten days after receipt of such request at which hearing the suspended permittee may appear before the city manager for the purpose of presenting evidence why the permit should not be revoked. No permit shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least ten days before the hearing thereof by depositing in the United States mail a notice directed to such suspended permittee 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.

(e) Any organization whose permit is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the city manager.

(Ord. 383 § 2 Ex. A (part), 1986).

(a) Whenever it appears to the finance director that the permittee is conducting bingo games in violation of any of the provisions of this chapter, or that the permit was obtained by fraudulent representation, or that the manner in which the bingo games are being operated violates any provision of state law, or interferes with the use and enjoyment of adjacent nearby properties, the permit may be revoked; provided, however, the permittee may appear before the city manager at a time fixed by the city manager for the purpose of presenting evidence why the permit should not be revoked. No permit shall be revoked under this section unless written notice shall have first been given at least ten days prior to the hearing thereof by depositing in the United States mail a notice directed to said permittee at the address given in the application. The notice shall set forth a summary of the ground(s) advanced as the basis of the revocation; provided further, that the city manager may attach conditions to the permit as will make the conduct of bingo games compatible with the use of the adjacent and nearby properties.

(b) Any organization whose permit is revoked under this section shall not conduct any bingo game in the city unless and until the city council, on appeal, determines to overrule the decision of the city manager.

(Ord. 491 § 8 (part), 1995; Ord. 383 § 2 Ex. A (part), 1986).

(a) Any holder of a permit whose permit is revoked or conditioned 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 city council. Such appeal shall set forth the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within sixty 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 city council on the appeal shall be final.

(b) Any organization whose permit is finally revoked may not again apply for a permit to conduct bingo games in the city 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 Section 23701d of the Revenue and Taxation Code, such organization may again apply for a permit upon proof of reinstatement of such exemption.

(c) The notice of appeal shall be accompanied by a nonrefundable fee of two hundred dollars.

(Ord. 383 § 2 Ex. A (part), 1986).

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(1) "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;

(2) "Bingo game" means any one game occurring as a portion of all bingo activities during a given day during which bingo is permitted to be conducted by a given organization pursuant to the provisions of this chapter.

(Ord. 383 § 2 Ex. A (part), 1986).

The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held.

(Ord. 383 § 2 Ex. A (part), 1986).

All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. The permittee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct promotion, supervision and any other phase of bingo games which are authorized by this chapter. The city, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and permittee shall fully cooperate with the city by making such record available.

(Ord. 383 § 2 Ex. A (part), 1986).

No individual, corporation, partnership or other legal entity except the permittee shall hold a financial interest in the conduct of such bingo game.

(Ord. 383 § 2 Ex. A (part), 1986).

A bingo game shall be operated and staffed only by members of the permittee organization. Such members shall not receive a profit, wage or salary from any bingo game. Only the permittee shall operate such game or participate in the promotion, supervision or any other phase of such game.

(Ord. 383 § 2 Ex. A (part), 1986).

All bingo games shall be open to the public, not just to the members of the permittee organization.

(Ord. 383 § 2 Ex. A (part), 1986).

Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the fire department and building department of the city in accordance with applicable laws and regulations. Permittee shall not reserve seats or space for any person.

(Ord. 383 § 2 Ex. A (part), 1986).

A permittee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office for performance of the purposes for which the organization is organized. The permit issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the permittee is organized, the permit shall have no further force or effect. A new permit may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.

(Ord. 383 § 2 Ex. A (part), 1986).

No person under the age of eighteen years of age shall be allowed to participate in any bingo game.

(Ord. 383 § 2 Ex. A (part), 1986).

No person who is obviously intoxicated or who has alcoholic beverages in his possession shall be allowed to participate in or be present in any room where a bingo game is being conducted.

(Ord. 383 § 2 Ex. A (part), 1986).

No permittee shall conduct any bingo activities permitted by this chapter more than twice during any continuous seven-day period, nor for more than a total of four hours during any such continuous seven-day period, nor shall a bingo game, or any portion or portions thereof, be conducted prior to twelve noon or after twelve midnight of any day. Under special circumstances, the city council may approve an extension of operations as provided in Section 4.40.205.

(Ord. 383 § 2 Ex. A (part), 1986).

(a) Should any organization desire to conduct a bingo game for such a period that changes or extends the permitted hours of operation as set forth in Section 4.40.200 during any week because of unusual and/or nonrecurring circumstances, the city council may approve a special permit subject to such conditions as the city council deems appropriate.

(b) Such request for a special permit shall be directed to the city council in writing and indicate specific reasons for such request.

(c) No more than two special permits for any one organization shall be approved by the city council in any six-month period.

(Ord. 383 § 2 Ex. A (part), 1986).

No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.

(Ord. 383 § 2 Ex. A (part), 1986).

It is a misdemeanor under Section 326.5(b) of the Penal Code of the state for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city.

(Ord. 383 § 2 Ex. A (part), 1986).

The city may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this chapter.

(Ord. 383 § 2 Ex. A (part), 1986).

Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

(Ord. 383 § 2 Ex. A (part), 1986).