Los Gatos Municipal Code Div. 2 Permit

Footnotes:

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Cross reference— Licenses and miscellaneous business regulations, Ch. 14.

Those organizations which may be authorized under the terms of Penal Code section 326.5(a) to conduct bingo games are authorized to conduct bingo games in the Town.

(Code 1968, § 4-50)

Applications for a permit to conduct bingo games shall be made on a form provided by and shall be filed with the Chief of Police.

(Code 1968, § 4-51)

No permit shall be issued unless the applicant is eligible under the provisions of section 3.50.170 and its application conforms to the requirements, terms and conditions of this article.

(Code 1968, § 4-53)

The application for a bingo permit shall show:

(1) The name of the applicant, a statement of the purpose for which the applicant is organized and that the organization is an authorized organization under a provision of Penal Code section 326.5(a) specified in the application.

(2) The name and address of all officers of the applicant, and the signature of an officer duly authorized to make the application.

(3) A description of the particular property, including the street number, owned or leased by the applicant and used by the applicant for an office or for performance of the purpose for which the applicant is organized, where bingo games are proposed to be conducted, and the occupancy capacity of the building or portion of a building proposed to be used for bingo games.

(4) The days of the week and hours of the day proposed for bingo games.

(5) An agreement by the applicant to conduct bingo games in strict accordance with the provisions of section 326.5 of the Penal Code and this article, as they may then exist or be amended from time to time, and an acknowledgement that the permit to conduct bingo games may be revoked by the Police Chief upon violation of any of such provisions, or any violation of any statute or ordinance when the violation is related to the conduct of bingo games, concerning public safety or welfare, the use of land or buildings, or moral turpitude.

(6) If the organization's claim of authorization is based on tax exempt status, a letter of good standing from the Exemption Division of the Franchise Tax Board showing that the exemption has been granted as provided by one of the code sections specified in Penal Code section 326.5(a).

(7) The names and addresses of all persons who will conduct bingo games and of all persons who will have possession of the records of the conduct of bingo games or of any money received from bingo games.

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

(Code 1968, § 4-54)

An annual application fee fixed by the Town Council by resolution shall accompany the application.

(Code 1968, § 4-55)

When a completed application is filed and payment of the fee is made, the Chief of Police shall refer the application to interested departments of the Town including but not limited to the Tax and License Collector, Town Manager, Town Attorney, Planning Department and Building Department for investigation as to whether the statements in the application are true and whether the property the applicant proposes as a location for bingo games qualifies as property on which bingo games may lawfully be conducted. The Chief of Police may make such additional investigation as the Chief of Police determines is appropriate. Only when the Chief of Police is satisfied that the applicant is qualified under the law to conduct bingo games in the Town shall the Chief of Police issue a permit to the applicant, which shall show:

(1) The name and nature of the organization to whom the license 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 the permit.

(5) Such other information as may be necessary or desirable for the enforcement of the provisions of this article.

(Code 1968, § 4-56; Ord. No. 2031, § V, 7-21-97)

The Chief of Police has authority to obtain criminal history information concerning each person who will operate or assist in operating a bingo game for purposes of investigation. If the operator or persons who will assist in operating a bingo game have been convicted of crimes involving lotteries, gambling, larceny, perjury, bribery, fraud or similar crimes involving moral turpitude, the Chief of Police shall not approve issuance of the permit.

(Code 1968, § 4-56.5)

The issuing authority under the provisions of this division is the Chief of Police. Permits expire one (1) year from the date of issuance.

(Code 1968, § 4-52)

(a) Whenever it appears to the Chief of Police that a permittee is conducting a bingo game in violation of any of the provisions of this article, the Chief of Police has authority to suspend summarily the permit and to order the permittee to cease and desist immediately conducting bingo games.

(b) Any person who continues to conduct a bingo game after notification of a summary suspension of a permit under the provisions of subsection (a) is guilty of a violation of the Town Code.

(c) The order issued under subsection (a) shall also inform the permittee that it has five (5) days from the date of knowledge of the order to request, in writing, a hearing to determine whether the permit will be revoked. Failure to deliver a written request for such hearing before the Chief of Police within the five-day period results in revocation of the permit.

(d) Within ten (10) days of receipt of a proper request for a hearing by a permittee whose license has been suspended, the Chief of Police shall conduct a hearing of the issue of whether the permit should be revoked. The suspended permittee may appear before the Chief of Police for the purpose of presenting evidence why the license should not be revoked. No permit shall be revoked under this section unless notice of the time and place of the hearing is given at least five (5) days before the hearing by depositing in the United States mail a notice directed to such suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis for the suspension and revocation. At the hearing proof of facts in support of suspension and revocation action shall be made before the permittee is required to respond.

(e) Any permittee whose permit is revoked shall not conduct any bingo game unless and until the Town Council, on appeal, determines to overrule the decision of the Chief of Police.

(Code 1968, § 4-57; Ord. No. 2026, § IV, 2-18-97)

(a) Whenever it appears to the Chief of Police that a permittee is conducting bingo games in violation of any of the provisions of this article or that the permit was obtained by any false representation, the permit may be revoked. No summary suspension is necessary, but notification that revocation is under consideration, and of the right to a hearing, and when requested, an opportunity to appeal are required in the same manner as in situations where there is an order of suspension.

(b) Any organization whose license is revoked under this section shall not conduct any bingo game in the Town unless and until such time as the Town Council, on appeal, determines to overrule the decision of the Chief of Police.

(Code 1968, § 4-58)

(a) A permittee whose permit is revoked has the right, within ten (10) days after receiving notice in writing of the revocation, to file a written notice of appeal to the Town Council. The notice shall set forth the specific ground or grounds on which it is based. The Town Council shall hold a hearing on the appeal within thirty (30) days after proper filing of the notice, or at a time thereafter agreed upon by the Town and the appellant, and shall give the appellant at least ten (10) days' written notice of the 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 the appeal. The determination of the Town Council shall be final.

(b) A former permittee whose permit is revoked may not again apply for a permit to conduct bingo games in the Town for a period of one (1) year from the date of revocation, except when the sole ground for revocation is cancellation of the tax exemption granted under the provisions of one (1) of the code sections listed in Penal Code section 326.5. The former permittee may apply for a new permit upon reinstatement and resumption of its tax exempt status.

(Code 1968, § 4-59)