La Quinta Municipal Code Ch. 11.13 Bingo and Remote-Caller Bingo Permits

The purpose of this chapter is to provide for the issuance of permits under which certain bingo games may be allowed which would otherwise be unlawful under state law. This chapter is enacted pursuant to the authority of Section 19 of Article IV of the State Constitution and Section 326.5 of the Penal Code.

The provisions in this chapter shall be construed strictly in accordance with said authority, and in the event of any apparent conflict or inconsistency, the provisions in this chapter shall be given only such interpretation as will render them compatible with Penal Code Section 326.5 and other applicable provisions of state law.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

"Bingo" is defined in Penal Code Section 326.5(o) as meaning a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player's possession and that conform to numbers or symbols, selected at random and announced by a live caller.

"City manager" means the city manager or designee.

"Minors" are all persons under eighteen (18) years of age, as specified in Civil Code Section 25.

"Remote-caller bingo game" is defined as meaning a game of bingo, as defined in subdivision (o) of Section 326.5, in which the numbers or symbols on randomly drawn plastic balls are announced by a natural person present at the site at which the live game is conducted, and the organization conducting the bingo game uses audio and video technology to link any of its in-state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased, or rented by that organization, or as described in subdivision (o) of Penal Code Section 326.5. The audio or video technology used to link the facilities may include cable, Internet, satellite, broadband, or telephone technology, or any other means of electronic transmission that ensures the secure, accurate, and simultaneous transmission of the announcement of numbers or symbols in the game from the location at which the game is called by a natural person to the remote location or locations at which players may participate in the game. The drawing of each ball bearing a number or symbol by the natural person calling the game shall be visible to all players as the ball is drawn, including through a simultaneous live video feed at remote locations at which players may participate in the game.

"State-authorized organization" is defined as meaning: (1) only organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701w, and 23701l of the Revenue and Taxation Code; (2) mobilehome park associations; (3) senior citizens organizations; (4) charitable organizations affiliated with a school district; (5) organizations that have been incorporated or in existence for three (3) years or more; (6) organizations licensed by the city; (7) organizations that use receipts of the game only for charitable purposes; and (8) the operation of bingo is not be the primary purpose for which the organization is organized.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

Bingo and remote-caller bingo games may be lawfully played in the city pursuant to the provisions of Section 326.5 of the Penal Code and this chapter, and not otherwise.

(Ord. 568 § 3, 2018)

Pursuant to and in accordance with the provisions of this chapter, the city manager may issue permits to state-authorized organizations to conduct bingo games and remote-caller bingo games.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

The provisions of Chapter 11.12 of this code (Gambling) relating to prohibition of gambling games not otherwise prohibited under state law shall not be deemed applicable to any bingo or remote-caller bingo games conducted under valid permits issued under this chapter.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

Each applicant for a permit under this chapter or for permit renewal and each person filing any appeal pursuant to provisions of this chapter, shall pay at the time of filing the application or appeal a processing fee or fees in an amount or amounts as may have been established by resolution of the city council, to defray the expense of investigation and processing. If an application is denied, one-half (½) of the application fee shall be refunded to the organization. Appeal fees are not refundable unless expressly otherwise ordered by the city council.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

A. Applications for bingo permits shall be written, signed and verified under penalty of perjury, and shall be filed with the city manager in such form, and with such documentation as the city manager determines necessary to verify that the applicant is an eligible state-authorized organization.

B. No application for a permit renewal shall be accepted unless, in addition to the above information, there is also submitted therewith a full and accurate accounting record, certified under penalty of perjury by the permittee's accountant or a member of the permittee's management deemed by the city manager to be authorized and appropriate to make the certification, setting forth in detail the income and expenses received and disbursed in connection with the permittee's operation, conduct, promotion, supervision and any other phase of bingo or remote-called bingo game activities carried on under the existing or preceding permit. Such a certified accounting record may also be required by the city manager in cases where the application is not for a "renewal" but is for a new permit to be issued to an applicant organization which at any previous time held a permit issued under this chapter.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

Upon receipt of an application, the city manager shall conduct or cause to be conducted whatever investigation is deemed necessary to verify the facts stated in the application and assure the city manager that activities under the permit will probably comply in all respects with the requirements set forth in Penal Code Section 326.5 and with local standard permit conditions, and with whatever other conditions the city manager deems necessary or desirable to protect the public peace, health, safety and welfare and to assure compliance with all laws, state and local.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

A. The city manager shall issue permits as applied for, provided it appears that the applicant has been, and will appropriately meet, all requirements of this chapter, Penal Code Section 326.5, the applicable standards, rules, and regulations (including special conditions which will be attached to the permit) pursuant to this chapter, and other ordinances and laws.

B. A permit shall be denied if the character, reputation or moral integrity of the applicant organization's personnel (management or otherwise) is determined by the city manager to be inimical or detrimental to the safety or general welfare of the community, or if the applicant falsifies any information in the permit application or omits any information required therein.

A permit denial shall, however, be made only after opportunity has been granted to the applicant for a due process hearing before the city manager in accordance with Sections 2.08.180 through 2.08.230 of this code.

C. No permit shall be issued for the conducting of any bingo game, remote caller bingo game or other games by the city or any department or agency thereof, or for such games to be conducted upon any premises owned, held or controlled by the city.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

All permits issued under this chapter to allow bingo games and remote call bingo games shall be subject to the conditions as mandated by Penal Code Section 326.5 as amended from time to time. A copy of Penal Code Section 326.5 shall be provided by the city with every application.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

All permits issued pursuant to provisions of this chapter shall be subject to the following additional special conditions:

A. Bingo and remote caller bingo games shall be conducted only between the hours of 12:00 noon and 11:00 p.m., and for not more than four (4) hours on any single day.

B. Bingo and remote caller bingo games shall not be conducted, by any organization authorized to do so, for more than five (5) days in any calendar month.

C. Any peace officer or official city inspector shall have free access to any bingo or remote caller bingo game allowed under this chapter. The permittee shall have the permit and lists of approved staff available for inspection at all time during period in which bingo and/or remote caller bingo games are conducted.

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

E. Premises for which any bingo or remote caller bingo permit is issued shall qualify for the public assembly numbers of the people anticipated, under applicable provisions of zoning, fire, parking and occupancy ordinances and other laws and regulations.

F. Notwithstanding that bingo games are open to the public, attendance at any game shall be limited to the occupancy capacity of the room in which the game is conducted as determined by the fire department and building inspector of the city in accordance with applicable laws and regulations.

G. Notwithstanding that remote-called bingo games are open to the public, attendance at any remote-caller bingo game shall not exceed the greater of seven hundred fifty (750) players in a single location or the occupancy capacity of the room in which the game is conducted as determined by the fire department and building inspector of the city in accordance with applicable laws and regulations.

H. A permittee shall not reserve seats or space for any persons, except as might be necessary for the reasonable accommodation of handicapped or infirm persons on a nondiscriminatory basis.

I. The permittee shall display the permit in a conspicuous place in the premises where bingo and remote caller bingo games are conducted.

J. The permittee is responsible for ensuring that the conditions of this chapter and Penal Code Section 326.5 are complied with by the organization and its officers and members. A violation of any one (1) or more of those conditions or provisions shall constitute cause for the revocation of the organization's permit. At the request of the organization, the city shall hold a public hearing before revoking any permit issued pursuant to this chapter.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

The issuance of any bingo or remote caller bingo permit pursuant to this chapter shall, if appropriate, have additional special conditions attached thereto which are deemed by the city manager to be necessary to implement the purposes of this chapter and of Penal Code Section 326.5, and to assure compliance with the provisions of this chapter and said sections, and to protect the public peace, health, safety and welfare from foreseeable adverse effects which might otherwise result from any of the activities sanctioned by the permit, and the city manager shall have discretionary authority to prescribe any such necessary or appropriate conditions. The permittee (applicant) shall have the right to a due process hearing before the city manager, if the hearing is duly requested, in order to protest, or to propose modification to any such additional special condition existing or proposed.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

The term of a bingo permit shall be valid until the end of the calendar year, at which time the permit shall expire. A new license shall only be obtained upon filing a new application and payment of the license fee. The fact that a license has been issued to an applicant creates no vested right on the part of the licensee to continue to offer bingo for play. The city expressly reserves the right to amend or repeal this chapter at any time by resolution. If this chapter is repealed, all licenses issued pursuant to this chapter shall cease to be effective for any purpose on the effective date of the repealing resolution. Each permit issued under this chapter shall be issued to a specified nonprofit organization to conduct bingo, or remote caller bingo games at a specific location and shall in no event be transferable from one (1) organization to another, nor from one (1) location to another.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

Any permit granted pursuant to the provisions of this chapter may, after the permittee has been afforded the opportunity of a due process hearing as stated in this chapter, be revoked, suspended or modified by the city manager for any of the following grounds or reasons:

A. There has been a violation of or a failure to comply with any condition attached to the permit or any provision or regulation mentioned in this chapter, or in California Penal Code Section 326.5, or any other rule or regulation or law specially applicable to the permitted activities;

B. The character or moral integrity of the permittee or permittee's personnel is determined inimical to the public safety or general welfare of the community;

C. There was given any false or fictitious information in connection with the application for and obtaining of the permit;

D. Any one (1) of the permittee's personnel (management or otherwise) has committed any fraudulent, false, deceptive or dangerous act in connection with, or while conducting, any permitted bingo game;

E. The permittee or any of its personnel has conducted any bingo game in a manner contrary to the peace, health, safety or general welfare of the public;

F. The permittee or any of its personnel have, in connection with activities allowed by the permit, failed to comply with any law or regulation in any of the following fields: zoning, building codes, off-street parking requirements, controls related to public assemblies, health regulations, or local and state fire regulations;

G. Any activities done under or occurring incidental to the permit have interfered or tended to interfere with the normal flow of vehicular or pedestrian traffic on any public right-of-way;

H. Any activities done under or occurring incidental to the permit have unduly and unreasonably interfered with or adversely affected any private property owner's or resident's rights to peaceful and unmolested enjoyment of his or her private premises;

I. The permittee or any of its personnel have failed to comply with provisions of the city's sign ordinance, or with conditions attached to the permit relating to sign control;

J. Any other reason exists for which the permit might have been lawfully denied in the first instance, or that for any reason the continued operations under the permit will be inimical to the public safety or general welfare of the community.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

A. A revocation, suspension or modification as referred to in the preceding section shall be made only after opportunity has been granted to the permittee for a due process hearing before the city manager, as set forth in Sections 2.08.180 through 2.08.220 of this code. Any person aggrieved by any decision of the city manager may appeal to the city council pursuant to Sections 2.04.100 through 2.04.130 of this code.

B. Upon failure of the permittee to respond to the opportunity for hearing after issuance of the notice of the hearing pursuant to Sections 1.01.300 and 1.01.310 of this code, the permit may be suspended or revoked, or may be modified in such particulars as are deemed necessary in the public interest. Any such suspension, revocation or modification shall be effective upon the date the notice is deemed served pursuant to Section 1.01.300 of this code. Any such order of suspension, revocation or modification shall also be effective as to any employee or agent of the permittee, which employee or agent has been notified orally or in writing of the substance of the order.

C. Any such revocation or modification of any permit may be in addition to any penalties otherwise provided for by law.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

Any person aggrieved by, dissatisfied with, or excepting to any action, denial, order, requirement, condition, permit, decision or determination made by the city manager in administering the provisions of this chapter may appeal to the city council pursuant to Chapter 2.04 of this code.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

In the event a renewal application is filed during the pendency of a proceeding to suspend or revoke the permit, such filing shall continue the permit in full force and effect until the making of the final order by the city manager terminating proceedings. Failure of the city manager to revoke, suspend, limit, or condition the permit shall have the effect of granting the renewal. The application for renewal shall become a part of the pending proceeding and be subject to all evidence which has been or is thereafter presented. No further notice to the applicant is required and the city manager is authorized to consider and take action upon the application in accordance with this chapter.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)

Any permit issued pursuant to this chapter shall, during its term, be deemed in effect so as to validate bingo games or remote caller bingo games thereunder (which would otherwise be unlawful under state law) only throughout periods of time during which the permittee and its personnel are fully complying with all permit conditions referred to, and/or authorized in or by Sections 11.13.090, 11.13.100 and 11.13.110. If any such permit conditions are being violated or not complied with, then the state laws regarding bingo games shall be deemed fully applicable to the permittee and its personnel managing, supervising or conducting the bingo games, to the same extent as if no permit has ever been issued; provided, however, that members of the public who are participating in the bingo games not as personnel of the permittee, which members of the public have no knowledge or reason to know, of the aforesaid violations of or noncompliance with the permit conditions, shall be deemed to be participating in games for which a permit is in full force and effect, so long as a permit is conspicuously displayed upon the premises in accordance with subsection I of Section 11.13.100.

(Ord. 568 § 3, 2018; Ord. 10 § 1, 1982)