Moraga Municipal Code Ch. 5.04 Business Licenses and Regulations

In this chapter, unless the context otherwise requires:

"Bingo" means a game of chance operated for a fee 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;

"Eligible organization" means an organization referred to in Section 326.5 of the Penal Code.

(Prior code § 5-201)

An eligible organization may conduct bingo games in compliance with this chapter and Penal Code section 326.5.

(Prior code § 5-202)

Before conducting a bingo game, an eligible organization shall obtain a license from the town manager. Application shall be made on a form prescribed by the town manager and shall include:

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

B. Date or periodic description of days when games will be held;

C. Time when games will be held;

D. Place where games will be held;

E. Number and value or prizes to be offered;

F. Other information prescribed on the form by the town manager.

(Prior code § 5-203)

The town council may, by resolution, prescribe a license fee in an amount which covers the cost of issuing the permit and administering this chapter.

(Prior code § 5-204)

Upon receiving an application, the town manager shall make an investigation of the applicant or of the individuals names in the application as he or she considers necessary in order to determine whether the license may be issued.

(Prior code § 5-205)

Within thirty (30) days after receipt of a completed application, the town manager shall either issue the license or deny it in writing stating the reasons for denial.

(Prior code § 5-206)

The town manager may suspend or revoke a license for a violation of this chapter or for a false, misleading or fraudulent statement of a material fact made either in the application for the license, or in the promotion, supervision, operation, conduct or staffing of a bingo game.

(Prior code § 5-207)

If the town manager determines that a bingo license should be suspended or revoked, he shall serve on the licensee a notice of his or her intent with his or her reasons. 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 town manager and show cause why such action should not be taken.

(Prior code § 5-208)

A. The town manager may immediately suspend or revoke a bingo license upon the licensee's refusal to: (1) permit the entry of a peace officer to investigate the conduct of a bingo game; or (2) permit the town 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 town manager shall within forty-eight (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.

(Prior code § 5-209)

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

(Prior code § 5-210)

The town manager's action taken under Section 5.04.060 or 5.04.100 may be appealed to the town council by any person as provided in Section 1.16.020.

(Prior code § 5-211)

A. In order to grant or reinstate a license upon appeal, the town council shall find that the applicant: (1) meets the qualifications prescribed in Section 326.5 of the Penal Code; (2) has not committed an act constituting grounds for revocation or suspension; and (3) is not otherwise in violation of applicable statutes and ordinances.

B. The town council may impose reasonable conditions on the issuance of a bingo license which is granted pursuant to an appeal.

(Prior code § 5-212)

Upon issuance, a license authorizes a specific charitable organization and not more than twenty (20) named members to conduct a bingo game on its behalf at one or more named locations. This license is not transferable. The license is only a temporary and nontransferable permit to act within this chapter and other applicable laws and regulations. It is valid for the calendar year in which it is issued.

(Prior code § 5-213)

The licensee shall display the license at the authorized location(s) during the game(s).

(Prior code § 5-214)

The bingo games must be held on property owned or leased by the eligible organization and used by it as an office or for performance of the purpose for which the organization exists.

(Prior code § 5-215)

A. Public. A bingo game must be open to the public and not limited to members of the exempt organization.

B. Minors. It is unlawful for a minor to participate in a bingo game.

C. Physical Presence. It is unlawful for a person to participate in a bingo game unless he or she is physically present at the game.

(Prior code § 5-216)

A. Only a member of the eligible organization may operate the bingo game. No member may receive a profit, wage or salary from the bingo game. Only the eligible organization shall operate the bingo game or participate in the promotion, supervision or other phase of the game.

B. No individual, corporation, partnership, or legal entity other than the eligible organization may have a financial interest in the conduct of the bingo game.

(Prior code § 5-217)

The total value of the prizes awarded at each bingo session shall not exceed two hundred fifty dollars ($250.00) in cash or kind or both.

(Prior code § 5-218)

The money derived from bingo shall be kept in a special fund or account and shall not be commingled with another fund or account.

(Prior code § 5-219)

It is a misdemeanor for a person to receive a profit, wage or salary from the operation of a bingo game.

(Prior code § 5-220)

A. Infraction. Violation of this chapter except Section 5.04.200 is an infraction, punishable as provided in Section 1.24.030.

B. Injunction. The town may bring an action to enjoin violation of this chapter.

(Prior code § 5-221)