§ 8-13. Repealed by Ordinance No. 702.

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City of Oakdale, CA § 8-20

CARDROOMS

§ 8-23

ARTICLE II Bingo Games

§ 8-20. Bingo allowed. [Ord. No. 668, § 2 (part), 1976.]

Eligible organizations may operate bingo games within the city, subject to the issuance of an annual permit therefor and subject to the rules and regulations contained in this article and contained in California Penal Code Section 326.5.

§ 8-21. Definitions. [Ord. No. 668, § 2 (part), 1976; Ord. No. 701, § 1, 1977.]

For the purpose of this article, unless the context clearly requires a different meaning, the words, terms and phrases hereinafter set forth shall have the meanings given to them in this section:

• (a) 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.

• (b) ELIGIBLE ORGANIZATIONS — Means any organization exempted from the payment of the bank incorporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701-1 of the Revenue and Taxation Code and by mobile home park associations and senior citizens' organizations; and further provided that the eligible organizations must use the proceeds of bingo games only for charitable purposes.

§ 8-22. Permit required. [Ord. No. 668, § 2(part), 1976.]

No eligible organization shall operate a bingo game without first having obtained a written permit therefor from the director of finance.

§ 8-23. Application for permit. [Ord. No. 668 § 2(part), 1976: Ord. No. 673 § 2, 1976.]

Eligible organizations desiring to obtain permits to conduct bingo games in the city shall file an application in writing therefor in the office of the director of finance on a form to be provided by the director of finance. The permit issued shall be for a term of one year from the date of issuance, subject to a renewal annually and a fee therefor shall be paid for an original application or renewal in the amount of fifteen dollars annually, which the city determines to be the cost to the city of issuing said permit.

The application for a license shall contain the following:

• (a) The name of the applicant organization and a statement that the applicant is an eligible organization under subsection (b) of Section 8-21;

• (b) The name, signature, and home addresses of at least two officers, including the presiding officer, of the corporation or community chest and the trustee of any trust;

• (c) 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 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) Proposed days of week and hours of day for conduct of bingo games;

• (e) The annual fee as set out in this section;

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City of Oakdale, CA § 8-23

OAKDALE CITY CODE

§ 8-28

• (f) The applicant shall also submit, with its application, a letter or other evidence from the State Franchise Tax Board showing that the applicant is exempted from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code;

• (g) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the 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 upon violation of any of such provisions;

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

§ 8-24. Issuance of license. [Ord. No. 668, § 2(part), 1976.]

Upon proof to the satisfaction of the director of finance that the applicant is an eligible organization, the license to operate bingo games shall be issued to the applicant. Said license shall be prominently displayed on the premises upon which bingo games are to be held.

§ 8-25. Revocation of permit. [Ord. No. 668, § 2(part), 1976.]

Whenever it appears to the city administrator that a holder of a bingo operator's license is conducting a bingo game in violation of any of the provisions of this article or in violation of any of the provisions of Section 326.5 of the Penal Code, the city administrator shall give notice to the holder of the bingo operator's license of such violation by means of an inspection report or other written notice. Such notification shall:

• (a) Set forth the specific violation or violations;

• (b) Establish a specific or reasonable period of time for the correction of the violation or violations; and

• (c) State that failure to comply with any notice issued in accordance with the provisions of this part may result in the city administrator initiating proceedings for suspension or revocation of the license.

§ 8-26. Summary suspension of license pending opportunity for hearing. [Ord. No. 668 § 2(part), 1976)]

• (a) Whenever it appears to the city administrator that the holder of a bingo operator's license is conducting a bingo game in violation of any of the provisions of this article or the provisions of Section326.5 of the Penal Code, and the holder has failed to make corrections after receiving the notice pursuant to Section 8-25 of this article, the city administrator shall have the authority to summarily suspend the license and order the holder to immediately cease and desist from any further operations of any bingo game.

• (b) Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (a) of this section is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both fine and imprisonment.

§ 8-27. Suspension or revocation by the city administrator. [Ord. No. 668 § 2(part), 1976.]

The city administrator may initiate suspension or revocation proceedings by sending written notice to the holder of a bingo operator's license setting forth the grounds for such revocation or suspension. Such notice shall be sent by certified mail, return receipt requested, to the address set forth in said permit.

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City of Oakdale, CA § 8-28

CARDROOMS

§ 8-33

§ 8-28. Hearing procedure. [Ord. No. 668,.§ 2(part), 1976.]

The city administrator shall fix a time and place for hearing under either Section 8-26 or Section 8-27 of this article, which shall be held within fifteen days following the notice of suspension or revocation. The holder of a bingo operator's license shall be given notice of said hearing at least ten days prior to the hearing date. Said notice shall be given either personally to the operator or by certified mail, return receipt requested.

At the time and place fixed in said notice, the city administrator or his designee shall hear the applicant and all witnesses together with any proper documentary evidence offered in support of or against the continuation of the license. The city administrator shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and determine whether grounds exist for the suspension or revocation of the license. If the city administrator determines that said license should be suspended or revoked, he shall so order. If the city administrator determines that no proper grounds exist for the suspension or revocation of the license, then he shall terminate any prior suspension.

§ 8-29. Right of appeal. [Ord. No. 668, § 2 (part), 1976.]

Any holder of a bingo operator's license aggrieved by the action of the city administrator or other officials of the city, and acting under this article, may appeal such decision to the city council by filing a written appeal with the city clerk not later than ten days from the decision of the city administrator.

The appeal shall set forth the grounds of appeal and the reasons why such appeal should be granted. The city council shall set the matter for hearing within thirty days and give the applicant notice of the time and place for said hearing, in person or by mail, not later than ten days prior to the hearing.

§ 8-30. Action by the city council. [Ord. No. 668, § 2(part), 1976.]

The city council may reverse or affirm, wholly or in part, any decision, determination or requirements of the city administrator and may make any decisions or determinations or impose such conditions as the facts warrant. The decisions of the city council shall be final.