Chapter 4.8 — GAMBLING

No person shall remain in any place whether public, private, open, or closed, where violations of any of the gaming prohibitions in Chapters 9, 10, and 10.5 of Title 9 of Part I of the California Penal Code (Sections 319 ff, 330 ff, and 337.1 ff) are occurring, with knowledge thereof.

• a. Limited Authorization. Bingo games are allowed pursuant to and as restricted by Section 19(c) of Article IV of the California Constitution, California Penal Code Section 326.5 (including future amendments thereto), and the provisions of this section.

• b. Penal Code Section 326.5 Incorporated. The provisions of Penal Code Section326.5 (including future amendments) are incorporated in this reference; "charitable organization" in this article means an organization defined to therein.

• c. License Required.

  • 1. No charitable organization shall conduct a bingo game without a currently valid, unrevoked, and unsuspended license, as provided for by this section.
  • 2. No person shall promote, supervise, operate, conduct, or staff any bingo game, or participate in such activity, unless he or she is a member of a charitable organization that is lawfully licensed to do so, that has designated him or her to do so, and that has a license designating him or her to do so.

• d. Application.

  • 1. The application for a license to conduct bingo games shall be made to the Office of the Chief of Police on forms provided by that office.
  • 2. The application shall include the following information:

    • a) The name, address, date and place of birth, physical description, and driver’s license number of every officer of the charitable organization;

    • b) The name, address, date and place of birth, physical description and driver’s license number of not more than twenty members to be authorized to operate bingo games on behalf of the organization;

    • c) The date(s) and location(s) of the proposed bingo game(s);

    • d) Proof that the organization is a charitable organization as defined by Penal Code Section 326.5(a);

    • e) The application or renewal fee.

• e. Term of License and Fees.

  • 1. A bingo license shall be valid for one year and upon application may be renewed on a yearly basis.

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.8.004

§ 4.8.004

• 2. The fee for a bingo license shall be $50. The fee for renewal shall be $10. The fees are nonrefundable and shall be used to defray the cost of issuing or renewing the license, but when a license or renewal is denied, one-half the fee shall be refunded.

• f. Investigation. Upon receiving a completed application with fee, the Chief of Police may investigate to determine whether the license should be issued.

• g. Issuance or Denial. Within 14 days after receipt of a completed application the Chief shall either issue the license or deny it in writing with the reasons therefor.

• h. Revocation. The Chief of Police may suspend or revoke a license for any violation of the provisions of this section or of any applicable law or regulation, or for any false, misleading, or fraudulent statement of a material fact in the application for the license or in the promotion, supervision, operation, conduct, or staffing of any bingo game.

• i. Notice Of Intent And Show-Cause Hearing. If the Chief of Police determines that a bingo license should be suspended or revoked, he or she shall serve on the licensee a notice of intent with the reasons therefore. 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 Chief of Police and show cause why such action should not be taken.

• j. Summary Suspension or Revocation.

  • 1. The Chief of Police may immediately suspend or revoke a bingo license upon the licensee’s refusal to:

    • a) Permit the entry of any peace officer to investigate the conduct of a bingo game; or

    • b) Permit the Chief of Police 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 326.50.

  • 2. Upon taking such action, the Chief of Police shall within 48 hours serve on the licensee a written statement of the reasons for the revocation and schedule a showcause hearing on reinstatement of the license within five days of a request to do so by the licensee.

• k. Decision. The Chief of Police shall issue a written decision within seven days after the conclusion of a show-cause hearing.

• l. Appeal. Appeals from action taken hereunder shall be governed by Title 1, Chapter 8 of this Code.

• m. License Not Transferable. Each license shall be issued to a specific charitable organization authorizing not more than 20 named members to conduct a bingo game on its behalf at one or more name locations. The license is not transferable from one organization to another, from one member to another, or from one location to another. The license is only a temporary and non-transferable permit to act within the provisions of this section and all other applicable laws and regulations, and always expires no later than one year from its issuance date. It has no validity when it has been seized, suspended, or revoked by the Chief of Police. Any attempt to transfer, assign, pledge, mortgage, or hypothecate the license, or

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City of Oakley, CA § 4.8.004

OAKLEY CODE

§ 4.8.004

to attach or execute on it, immediately and permanently voids it.

• n. License Displayed. The license shall be prominently displayed at the authorized location(s) during the game(s).

• o.

  • Hours. No bingo games shall be conducted between the hours of 2:00 a.m. and 9:00 a.m.

• p.

• Consent. The application for or acceptance of a license constitutes:

• 1. Consent to the entry of any peace officer(s) to investigate the location(s) identified in the application, before the issuance of a license as well as during any game(s) thereafter;
• 2. Consent to the Chief of Police or his/her agents reviewing or auditing the charitable organization’s records relating to the conduct of bingo games and to the special account required by Penal Code Section326.50, for the purpose of verifying compliance with the financial interest and special fund requirements of Penal Code Section 326.5 and with this section and all other applicable laws and regulations.

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.9.002

§ 4.9.010

CHAPTER 4.9 CURFEW