Morgan Hill Municipal Code Art. I Permits and Licenses

No person or organization shall conduct a bingo game without first obtaining a permit from the chief of police to do so.

(Ord. 453 N.S. § A (part), 1977)

Written application for a permit required by this article shall be made by affidavit under penalty of perjury and filed with the chief of police. Such application shall contain:

A. Name of organization; names, signatures and addresses of all the officers of the organization;

B. Days and hours of operation of bingo games;

C. Attached copies of certificates or letters evidencing exempt status under the appropriate sections set forth in Section 5.12.030 of this chapter, of the California Revenue and Taxation Code of the state, received from the Franchise Tax Board;

D. Address of premises where bingo games will be conducted;

E. Statement of ownership or lease of premises;

F. Purpose(s) for which such premises are used by the organization;

G. Statement of ownership of bingo equipment used in the operation of bingo games;

H. Statement of consent for chief of police to investigate any bank accounts containing profits derived from bingo games;

I. Name of each individual, corporation, partnership or other legal entity which has a financial interest in the conduct of the bingo games;

J. Name and birthdate of each staff member or person operating or assisting in the operation of the bingo games; and

K. Such further information as may be required by the chief of police.

(Ord. 453 N.S. § A (part), 1977)

The chief of police shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for purposes of his investigation. If he finds that such operators or persons assisting in the operation of a bingo game have been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude, he may refuse issuance of the permit in question.

(Ord. 453 N.S. § A (part), 1977)

The chief of police shall submit each application to the following city departments for investigation and recommendation:

A. Fire chief as to any fire hazard on the premises in question;

B. Health officer as to the health and sanitary conditions of the premises in question;

C. Building department as to compliance with city and state buildings laws and codes;

D. Planning officer as to compliance with city zoning ordinances.

(Ord. 453 N.S. § A (part), 1977)

The chief of police may refuse to issue a permit if, after consideration of the application and any other papers, records and files he or she deems relevant, it is determined that the operation of a bingo game would be injurious to the health, safety and morals of the people of the city, or that the permit application or proposed mode of operation of the bingo games is not in compliance with the provisions of this chapter.

(Ord. 453 N.S. § A (part), 1977)

A. Any changes as to the staff operating or assisting in the operation of a bingo game or any other changes in the information furnished under Section 5.12.050 of this article made subsequent to the issuance of a bingo permit and license shall be reported to the chief of police for any further investigation which he deems necessary and appropriate.

B. If, after such investigation, the chief of police finds that the changes require suspension or revocation of the bingo permit and license, he or she shall take the appropriate action.

(Ord. 453 N.S. § A (part), 1977)

In addition to obtaining a permit as required by this article, each organization conducting a bingo game shall obtain a license from the license collector. No license shall be issued until the applicant therefor has a valid permit covering the organization and the premises.

(Ord. 453 N.S. § A (part), 1977)

The fee for a general license shall be fifty dollars, payable at the time of issuance and renewal thereof, if the total value of prizes awarded during the conduct of any bingo game exceeds five dollars in cash or kind or both for each separate game which is held. If the value of such prizes is less than five dollars, then the annual license fee shall be five dollars only. If any application for a license is denied, one-half of any license fee paid shall be refunded to the organization.

(Ord. 453 N.S. § A (part), 1977)

Licenses are granted for one-year terms. Each term is renewable annually. Written application for renewal of a license shall be made to the chief of police at least one month prior to its expiration.

(Ord. 453 N.S. § A (part), 1977)

At the end of each fiscal year during the term of the permit and license, each nonprofit charitable organization which has been issued a permit and license shall file a report made under penalty of perjury with the chief of police containing the following information:

A. Any changes in or additions to the information required under Section 5.12.050 of this article;

B. The total amount of money received from the operation of the bingo games in the previous fiscal year;

C. The total amount paid out in prizes; and

D. Detailed costs to the organization for the operation of the bingo games.

(Ord. 453 N.S. § A (part), 1977)

Permits and licenses granted under this chapter shall not be transferable, either as to the license or the location. Any attempt to transfer shall render the permit and license in question invalid.

(Ord. 453 N.S. § A (part), 1977)

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 chapter, the chief of police has the authority to summarily suspend the permit and to order the permittee to cease and desist immediately conducting bingo games.

B. It is unlawful for any person to continue to conduct a bingo game after notification of a summary suspension of a permit under the provisions of subsection A of this section.

C. The order issued under subsection A of this section shall also inform the permittee that he or she has five 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 to the chief of police within the five-day period shall result in revocation of the permit.

D. Within ten 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 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. It is unlawful for any permittee whose permit is revoked to conduct any bingo game unless and until the city council, on appeal, determines to overrule the decision of the chief of police.

(Ord. 453 N.S. § A (part), 1977; Ord. No. 2276 N.S., § 8, 5-2-2018)

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 chapter 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 chapter shall not conduct any bingo game in the city unless and until such time as the city council, on appeal, determines to overrule the decision of the chief of police.

(Ord. 453 N.S. § A (part), 1977)

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

B. The permittee whose permit is finally revoked may not again apply for a license to conduct bingo games in the city for a period of one year from the date of revocation, except if the sole ground for revocation is cancellation of the exemption granted under Section 23701d of the Revenue and Taxation Code of the state or loss of charitable status under Section 170(c)(2) of the Internal Revenue Code of 1954, the former permittee may apply for a new permit upon reinstatement of its exemption and resumption of its charitable status.

(Ord. 453 N.S. § A (part), 1977)