Lafayette Municipal Code Ch. 4-2 Bingo

Bingo games are allowed pursuant to and as restricted by Section 19(c) of Article IV of the California Constitution, California Penal Code Section 326.5 (including future amendments thereto) and the provisions of this chapter.

(Ord. 172 § 1 (part), 1976)

Section 326.5 of the California Penal Code is incorporated in this chapter by this reference. "Eligible organization" as used in this chapter means an organization referred to in Penal Code Section 326.5(a).

(Ord. 188 § 1, 1978: Ord. 172 § 1 (part), 1976)

(a) No eligible organization may conduct a bingo game without a license.

(b) No person may promote, supervise, operate, conduct or staff a bingo game, or participate in such activity, unless he is a member of an eligible organization licensed to do so and which has designated him to do so.

(Ord. 188 § 2, 1978: Ord. 172 § 1 (part), 1976)

(a) The application for an original or renewal license to conduct bingo games shall be made to the city manager on forms provided by his office.

(b) The application shall include the following information:

(1) The name, address, date and place of birth, physical description and driver's license number of every officer of the eligible organization;

(2) The name, address, date and place of birth, physical description and driver's license number of not more than 20 members to be authorized to operate bingo games on behalf of the organization;

(3) The date(s) and location(s) of the proposed bingo game(s);

(4) Proof that the organization is an eligible organization as defined by Penal Code Section 326.5(a); and

(5) The application or renewal fee.

(Ord. 188 § 3, 1978: Ord. 172 § 1 (part), 1976)

(a) When first issued a bingo license is valid until December 31st of the year of issue.

(b) A renewal is for the calendar year.

(c) The fee for an original bingo license is $50.00. The fee for renewal is ten dollars. Except as otherwise provided herein, the fee is nonrefundable and shall be used to defray the cost of issuing or renewing the license. However, if the original application for a license is denied, one-half of the license fee shall be refunded to the applicant.

(Ord. 188 § 4, 1978: Ord. 172 § 1 (part), 1976)

Upon receiving a completed application, the city manager shall cause to be made such investigation of the applicant or of the individuals named in the application as he deems necessary in order to determine whether the license may legally be issued.

(Ord. 172 § 1 (part), 1976)

In order to issue or reinstate a bingo license, the approving authority shall find:

(a) That the applicant meets the qualifications prescribed in Section 326.5 of the Penal Code; and

(b) That the conduct of bingo games in the proposed location will not be detrimental to nearby properties, will not disrupt the neighborhood, and will clearly be incidental to the applicant's principal use of the premises.

(Ord. 172 § 1 (part), 1976)

Within 30 days after receipt of a completed application, the city manager shall either issue the license or deny it in writing, stating his reasons therefor. The city manager may impose reasonable conditions upon any bingo license.

(Ord. 172 § 1 (part), 1976)

The city manager may suspend or revoke a license for any violation of the provisions of this chapter or of any applicable law or regulation, or for any false, misleading or fraudulent statement of a material fact in the application for the license, or in the promotion, supervision, operation, conduct or staffing of any bingo game.

(Ord. 172 § 1 (part), 1976)

If the city manager determines that a bingo license should be suspended or revoked, he shall serve on the licensee a notice of his intent with his reasons therefor. The notice shall provide for a suspension or revocation of the license seven days after service of the notice upon the licensee, unless the licensee arranges to appear at a hearing before the city manager to show cause why such action should not be taken.

(Ord. 172 § 1 (part), 1976)

(a) The city manager may immediately suspend or revoke a bingo license upon the licensee's refusal to:

(1) Permit the entry of any peace officer to investigate the conduct of a bingo game; or

(2) Permit the city manager to review or audit the charitable organization's records relating to the conduct of bingo games under the license and to the special account required by Penal Code Section 326.5(j).

(b) Upon taking such action, the city manager shall within 48 hours serve on the licensee a written statement of the reasons for this action, and schedule a show cause hearing on reinstatement of the license within five days of a request to do so by the licensee.

(Ord. 172 § 1 (part), 1976)

The city manager shall issue his written decision within seven days after the conclusion of a show cause hearing.

(Ord. 172 § 1 (part), 1976)

Actions taken by the city manager pursuant to Sections 4-208 or 4-212 of this chapter may be appealed to the city council by any person within ten days after the date of the decision. The form of appeal, the appeal fee, and the notice and hearing requirements shall be the same as prescribed in Sections 4-118 and 4-119 of this title.

(Ord. 172 § 1 (part), 1976)

(a) The city council shall decide the appeal by the adoption of a resolution within 30 days after the close of the appeal hearing.

(b) The city council may impose reasonable conditions on the issuance of a bingo license which is granted pursuant to an appeal.

(Ord. 172 § 1 (part), 1976)

Each license shall be issued to a specific eligible organization authorizing not more than 20 named members to conduct a bingo game on its behalf at one or more named locations. This license is not transferable from one organization to another. The license is only a temporary and nontransferable permit to act within the provisions of this chapter and all other applicable laws and regulations, and always expires no later than one year from its date. It has no validity when it has been seized, suspended, or revoked by the city manager. Any attempt to transfer, assign, pledge, mortgage or hypothecate the license, or to attach or execute on it, immediately and permanently voids it.

(Ord. 188 § 5, 1978: Ord. 172 § 1 (part), 1976)

The license shall be prominently displayed at the authorized location(s) during the game(s).

(Ord. 172 § 1 (part), 1976)

No bingo games shall be conducted between the hours of 12:01 a.m. and nine a.m.

(Ord. 172 § 1 (part), 1976)

The application for or acceptance of a license constitutes:

(a) Consent to the entry of any peace officer(s) to investigate the location(s) identified in the application, before the issuance of a license as well as during any game(s) thereafter;

(b) Consent to the city manager or his agents reviewing or auditing the eligible organization's records relating to the conduct of bingo games and to the special account required by Penal Code Section 326.5(j), for the purpose of verifying compliance with the financial interest and special fund requirements of Penal Code Section 326.5 and with this chapter and all other applicable laws and regulations.

(Ord. 188 § 6, 1978: Ord. 172 § 1 (part), 1976)