Montebello Municipal Code Ch. 5.12 Bingo

Nothing contained herein is intended to or shall be construed to prohibit the playing, maintaining or operating of any bingo game as if played, maintained or operated in accordance with all provisions of Section 326.5 of the California Penal Code and of Chapter IV of the Montebello Municipal Code. As used herein, "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.

(Prior code § 4213.1)

No person shall maintain or operate a bingo game, as the term "bingo" is defined in Section 5.12.010, unless a license for such game has been obtained pursuant to this chapter and is in full force and effect, and such game is maintained or operated in compliance with the provisions of Section 326.5 of the California Penal Code and each term and condition of the license issued therefor. No person shall play in a bingo game unless a license for such game has been issued pursuant to this chapter and is in full force and effect.

(Prior code § 4213.2)

Eligible organizations under Section 326.5 of the California Penal Code desiring to obtain such license 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 license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee.

(Prior code § 4213.3)

The application for license shall contain the following:

A. The name of the applicant organization and a statement that applicant is an eligible organization;

B. The name and signature of at least two officers of the organization which will conduct the bingo game;

C. The particular property within the city, including 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;

D. Acknowledgement by applicant of the requirement to notify the chief of police in writing of the location, time and date of any bingo games at least forty-eight hours in advance of such operation and that the operation of such bingo sessions shall be conducted only between the hours of twelve p.m. and twelve a.m. with a six-consecutive-hour maximum per session per day;

E. Acknowledgement by the applicant that current and accurate records shall be kept of all bingo games and such records shall be available for on-site inspection at any time or the applicant may be required to submit the records for audit by the director of finance upon his request. On or before the fifteenth day of each month, the licensee shall report on the forms prescribed by the finance department an accounting of all receipts and expenditures for the prior calendar month;

F. 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 manager, or his designated representative, upon violation of any such provisions;

G. The application shall be signed by a duly authorized officer (or trustee if applicant is a trust) of the applicant under penalty of perjury;

H. At the time of filing application for a bingo license or upon renewal thereof, a fee of fifty dollars shall be paid. One-half of such fee shall be refundable to any organization denied a bingo license. An additional fee for law enforcement costs incurred by the city that are directly related to bingo activities may be imposed and shall be collected monthly by the city; however, the fee shall not exceed the actual costs incurred in providing the services;

I. The applicant shall also submit, with its application, a certificate of determination of exemption under Section 326.5 of the California Penal Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing exemption under Section 326.5.

(Ord. 2218 § 1, 2000; prior code § 4213.4)

(Ord. No. 2350, § 1, 5-8-2013)

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, police 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 be lawfully be conducted, as to fire, occupancy and other applicable restrictions.

(Prior code § 4213.5)

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the city, the city manager shall instruct the finance officer to issue a license to the applicant, which shall contain the following information:

A. The name and nature of the organization to whom the license is issued;

B. The address where bingo games are authorized to be conducted;

C. The occupancy capacity of the room in which bingo games are to be conducted;

D. The date of the expiration of such license;

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

(Prior code § 4213.6)

If the city manager, or his designated representative, finds that the issuance of a bingo game license will endanger or jeopardize the public peace, safety, health and general welfare, he shall decline to issue such license.

(Prior code § 4213.7)

Within ten days after reaching a determination with reference to a license application, or suspension of a license, the city shall give written notice of his decision to the applicant.

(Prior code § 4213.8)

Licenses issued pursuant to this chapter shall be valid for one year from the date of issuance.

(Prior code § 4213.11)

A license fee of fifty dollars is fixed and imposed upon each organization authorized hereunder for each year or any portion thereof during which a license shall be in effect pursuant to this chapter. Such license fee shall not be apportioned or prorated for any period of less than a year. A license issued pursuant to this chapter shall be renewable, in the absence of revocation or grounds for revocation, during the thirty-day period prior to its expiration. The licensee may apply for renewal on a form prescribed by the finance director accompanied by payment of the annual license fee. If it appears that there are grounds for revocation, the license renewal may be denied; provided, however, that the procedure specified in Section 5.12.070 with respect to revocation shall be followed in connection with denial of renewal on such grounds. A license not so renewed shall expire automatically at the end of the license year. The amount of the license fee is found to be not more than the actual cost of issuing a license hereunder.

(Prior code § 4213.13)

No license issued hereunder shall be transferable.

(Prior code § 4213.12)

A. Any applicant aggrieved by the decision of the city, with reference to the issuance, conditional issuance or denial of a license, shall have the right of appeal, within ten consecutive calendar days after the service of written notice of the city's action. Such appeal shall be in writing, briefly stating therein the basis for such appeal, and shall be filed with the city clerk. Upon receipt of such letter of appeal, the city clerk shall immediately set the matter for consideration by the council at its next most convenient meeting, and give the appealing party at least five consecutive calendar days written notice of the time and place of such hearing.

B. At the time and place set for the hearing upon the appeal, the city council shall give the appealing party, and any other interested party, a reasonable opportunity to be heard. In all such cases, the burden of proof to show that the action of the city was arbitrary, capricious or in excess of his authority, shall be upon the appealing party. The determination of the city council shall be final and conclusive.

(Prior code § 4213.9)

A. The city shall suspend any license issued hereunder, if it finds that the license or such licensee's agent and/or employees, have been, or are: violating any condition of approval imposed upon such license; or violating any provisions of this code, or other applicable law; or that the continued operations under the license would endanger, jeopardize or disrupt the public peace, safety, health or general welfare; or any other cause, as set forth in this chapter.

B. The determination of the city with regard to matters of suspension shall be appealable to the city council in the time and manner set forth in Section 5.12.120.

C. The city, in the case of such suspension, shall serve, the licensee with a written order of suspension, which shall state the reasons for such suspension. The order shall be effective immediately upon the same having been personally served, or forty-eight hours after the same has been deposited in the course of transmission in the United States Postal Service.

D. Immediately upon such an order becoming effective, the licensee shall cease all operations authorized under such license. Where an appeal is timely filed, no further operations shall be deemed authorized pursuant to such license, until such appeal is fully determined.

E. The order of suspension shall be deemed a revocation of a license unless the licensee within ten consecutive calendar days after the order is deposited in the course of transmission in the United States Postal Service, files an appeal from the order, in the manner hereinbefore prescribed.

F. Where an appeal is taken, the city council shall act upon the same in the time and manner set forth in Section 5.12.120. The action of the city council shall be final and conclusive.

G. Any organization whose license is finally revoked may not apply for a license 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 326.5 of the California Penal Code, such organization may again apply for a license upon proof of reinstatement of the exemption.

(Prior code § 4213.10)

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.

(Prior code § 4213.14)