Montclair Municipal Code Ch. 4.20 Bingo Games

As used in this chapter, "bingo" shall be defined as it is defined in State Penal Code Section 326.5.

(Ord. 99-791 Exh. A (part); prior code § 5-12.10)

Organizations exempt from the payment of the bank and corporations tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code, mobile home park associations, and senior citizens' organizations shall be eligible to apply to the City for a license to conduct bingo games under the provisions of Section 326.5 of the California Penal Code and the provisions of this chapter if the receipts of these games are used only for charitable purposes.

(Ord. 99-791 Exh. A (part); prior code § 5-12.01)

Eligible organizations desiring to obtain a license to conduct bingo games shall file an application on a form provided by the City in the Business License Division. The issuing authority shall be the City Manager.

(Ord. 99-791 Exh. A (part); prior code § 5-12.02)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 4.20.010 of this chapter and the application conforms to the requirements, terms and conditions set forth in this chapter.

(Ord. 99-791 Exh. A (part); prior code § 5-12.03)

A. Such applications for licenses shall contain the following:

1. The name of the applicant organization and a statement that the applicant is an eligible organization under Section 4.20.020 of this chapter;

2. The names and signatures of at least two officers, including the presiding officer, of the organization applying for the license;

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 the performance of the purposes for which the applicant is organized, on which property the bingo games will be conducted, together with the occupancy capacity of such place;

4. The proposed days of the week and the hours of the day for the 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 Penal Code of the State 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 Manager upon the violation of any of such provisions; and

6. The signature of the applicant under penalty of perjury.

B. The license fee fixed by resolution of the City Council shall accompany the application. Such fee shall not exceed the actual cost of issuing the license.

C. The applicant shall also submit with its application a Certificate or Determination of Exemption under subsection (d) of Section 23701 of the Revenue and Taxation Code of the State or a letter of good standing from the Exemption Division of the Franchise Tax Board to Sacramento showing an exemption under subsection (d) of said Section 23701.

(Ord. 99-791 Exh. A (part); prior code § 5-12.04)

Upon the receipt of the completed application and the fee, the Business License Division shall refer the same to interested departments of the City, including, but not limited to, the City Manager, City Attorney, Police Department and Fire Department, for investigation as to whether or not all the statements in the application qualify, 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. 99-791 Exh. A (part); prior code § 5-12.05)

A. Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the City, the City Manager shall issue a license to such applicant, which license shall contain the following information:

1. The name and nature of the organization to which 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 such license which shall be December 31st of the year it was issued; and

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

B. Only one license shall be issued for any location or property. No license may be transferred from one organization or location to another.

(Ord. 99-791 Exh. A (part); prior code § 5-12.06)

A. Whenever the City Manager receives sufficient evidence that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the City Manager shall have the authority to summarily suspend the license and order in writing to the licensee that the licensee immediately cease and desist any further operation of any bingo game.

B. Any person violating or failing to comply with any provision of this chapter or continuing to conduct a bingo game after any summary suspension thereof under subsection A of this section shall be deemed guilty of a violation pursuant to Chapter 1.12 of this Code.

C. The order issued under subsection A of this section shall also notify the licensee that it shall have five working 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 the revocation of the license.

D. Upon such a request by a licensee whose license has been suspended under subsection A of this section for a hearing to determine whether such license shall be revoked, the City Manager shall provide such hearing within 10 days after the receipt of such request at which hearing the suspended licensee may appear before the City Manager for the purpose of presenting evidence why the license should not be revoked. 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 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 grounds advanced as the basis of the suspension and revocation.

E. 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, determines to overrule the decision of the City Manager.

(Ord. 06-889 § 5; Ord. 99-791 Exh. A (part); prior code § 5-12.07)

A. Whenever it appears to the City Manager that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation, and no summary suspension is ordered under Section 4.20.080 of this chapter, the license may be revoked; provided, however, the licensee may appear before the City Manager, at the time fixed by the City Manager, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereon by depositing in the United States mail a notice directed to such licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis for the revocation.

B. 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, determines to overrule the decision of the City Manager.

(Ord. 99-791 Exh. A (part); prior code § 5-12.08)

A. Any holder of a license whose license is revoked under this chapter shall have the right, within 10 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 on which it is based. The Council shall hold a hearing on the appeal within 30 days after its receipt by the City, or at a time thereafter agreed upon, and shall cause the appellant to be given at least 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 his appeal. The determination of the Council on the appeal shall be final.

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

(Ord. 99-791 Exh. A (part); prior code § 5-12.09)

The total value of prizes awarded during the conduct of any bingo game shall not exceed Two Hundred Fifty (250) Dollars in cash or in kind, or both, for each separate game which is held.

(Ord. 99-791 Exh. A (part); prior code § 5-12.11)

A. All profits derived from a bingo game shall be kept in a special account or fund and shall not be commingled with any other fund or account. The licensee shall keep full and accurate records of the income and expenditures received and disbursed in connection with its operation, conduct, promotion, supervision, and any other phase of bingo games which are authorized by this chapter.

B. All profits derived from a bingo game shall be used only for the charitable purposes for which the organization is established except as follows:

1. The proceeds may be used for prizes.

2. A portion of the proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes or Two Thousand (2,000) Dollars per month, whichever is less, may be used for the rental of property and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

C. The City, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with the City by making such records available.

(Ord. 99-791 Exh. A (part); prior code § 5-12.12)

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

(Prior code § 5-12.13)

A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage or salary from any bingo game. Only the licensee shall operate such game or participate in the promotion or supervision or any other phase of such game. This does not preclude the employment of security personnel who are not members of the authorized organization.

(Ord. 99-791 Exh. A (part); prior code § 5-12.14)

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

(Prior code § 5-12.15)

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 Division of the City in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person.

(Prior code § 5-12.16)

A licensee shall conduct a bingo game only on the property listed on the license pursuant to Section 5-12.06 of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 5-12.17)

No person under the age of 18 years shall be allowed to participate in any bingo game.

(Ord. 99-791 Exh. A (part); prior code § 5-12.18)

No person who is intoxicated shall be allowed to participate in a bingo game, and no alcoholic beverage shall be allowed to be consumed in the room in which the bingo game is being conducted.

(Ord. 99-791 Exh. A (part); prior code § 5-12.19)

No licensee shall conduct any bingo game on more than two days per week and not for more than six hours out of any 24-hour period. No bingo game shall be conducted before 2:00 p.m. nor after 11:59 p.m. of any day. A licensee may request, one time during a calendar year, a permit not to exceed 10 consecutive days.

(Ord. 99-791 Exh. A (part); prior code § 5-12.20)

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.

(Prior code § 5-12.21)

It shall be a misdemeanor, under subsection (b) of Section 326.5 of the California Penal Code, for persons to receive a profit, wage or salary from any bingo game authorized under this chapter, except that security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games, as provided in State Penal Code Sections 326.5(j) and (k). A violation of this section shall be punishable by a fine not to exceed Ten Thousand (10,000) Dollars, which fine shall be deposited in the General Fund of the City.

(Ord. 99-791 Exh. A (part); prior code § 5-12.22)

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

(Prior code § 5-12.23)