Article II — BENCHES

SEC. 9-10. AUTHORITY TO PLACE OR REPLACE BUS BENCHES.

(A) No person except the city manager shall place or replace in the city any bus bench. For purposes of this article, a “bus bench” is a seat along any street for the accommodation of passers-by or persons awaiting transportation.

(B) Any person who owns one or more bus benches placed as of the effective date of this article shall remove all such benches.

(1) Bus benches that are not on the list of bus benches as to which the city license collector has issued a current business license for outdoor advertising on bus

benches shall be removed immediately.

(2) Bus benches that are on the list of bus benches as to which the city license collector has issued a current business license for outdoor advertising on bus

benches and that do not contain advertising that the bus bench owner is being paid to display shall be removed no later than March 30, 1997.

(3) Bus benches that are on the list of bus benches as to which the city license collector has issued a current business license for outdoor advertising on bus

benches and that contain advertising that the bus bench owner is being paid to display, shall be removed no later than March 30, 1998.

(4) Bus benches that are on the list of bus benches as to which the city license collector issued a business license for outdoor advertising on bus benches for the

period from July 1, 1994, through June 30, 1995, or any part thereof, shall be removed immediately when the license, or any renewal thereof, expires and is not renewed beginning on July 1 next succeeding the date of expiration.

(`64 Code, Sec. 3-47) (Ord. No. 2361)

SEC. 9-11. OWNER TO PERFORM MAINTENANCE AND REPAIR.

The owner of bus benches placed as of the effective date of this article shall perform maintenance and repair as necessary to keep each bench in a clean and safe condition and to immediately remove any graffiti on benches. If within ten days of the date that notice of noncompliance with this section is mailed to the owner, the owner does not comply with this section or remove the bench, the city manager may dispose of the bench as provided in section 9-12.

(`64 Code, Sec. 3-48) (Ord. No. 2361)

SEC. 9-12. DISPOSAL OF BUS BENCHES NOT IN COMPLIANCE WITH DEADLINE.

Any bus bench that is not removed by the time set out in section9-10 may be disposed of by the city manager as provided in section9-13.

(`64 Code, Sec. 3-49) (Ord. No. 2361)

SEC. 9-13. OWNER TO BE NOTIFIED OF BUS BENCHES DEEMED UNCLAIMED PROPERTY.

The city manager may deem any bus bench that is not maintained, repaired or removed as required by this article to be unclaimed property. In such case, the city

manager shall notify the owner by certified or registered mail that the bench is deemed to be unclaimed property and that if the owner does not claim and remove the bench within three months of the date of mailing the notice, the bench will be disposed of either by sale at public auction to the highest bidder or by retention and use by the city, which may thereafter destroy or dispose of the bench. If a public auction is held, the city manager shall give notice of the sale at least five days before the time fixed for the sale by publication once in a newspaper of general circulation in the city. If the bench remains unsold after being offered at public auction, the bench may be destroyed or otherwise disposed of by the city.

(`64 Code, Sec. 3-50) (Ord. No. 2316)

SEC. 9-14. LICENSE FOR OUTDOOR ADVERTISING ON BUS BENCHES.

The license collector shall issue no business license for outdoor advertising on bus benches:

(A) To a business that did not hold such a city business license for the period from July 1, 1994, to June 30, 1995, or any part thereof.

(B) To a business that includes in its list of bus benches any bus bench at a location that was not included in the list of bus benches for which a business license was issued for the period from July 1, 1994, through June 30, 1995, or any part thereof.

(C) To a business that does not provide with its application for a business license a cash deposit, or a bond or letter of credit in a form satisfactory to the city attorney, conditioned on the applicant's maintaining, repairing and removing all benches as and within the time required by this article. Such security shall be in the amount of $50 times the number of bus benches for which the business license is applied. The city manager may draw on such security in the amount of $50 for each bus bench that is not maintained, repaired or removed within the time required by this article and shall use such amount to defray the costs of public auction or conversion of the bus bench to city use, as provided by section 9-13. No part of amounts so drawn shall be refunded to the owner, whether or not such costs equal $50 per bench. Requiring and drawing on such security are additional remedies to, and do not preclude, the remedies provided in section 9-13. Such security shall remain in full force and effect, and in the case of a cash deposit, such deposit shall be retained by the license collector, for 90 days after the expiration of the license.

(D) For the period from July 1, 1997, to June 30, 1998, or any part thereof, to a business that has not removed all of its bus benches that, as of the effective date of this article, did not contain advertising that the business was being paid to display.

(E)For the period from and after July 1, 1998, to any business.

(`64 Code, Sec. 3-51) (Ord. No. 2361)

CHAPTER 10: BINGO GAMES

10-1. Definitions

10-2. Eligible organization

10-3. Bingo license

10-4. Application procedure

10-5. Fees

10-6. Investigation of applicant

10-7. Effective date of license

10-8. Denial of license

10-9. License renewal

10-10. Appeal of denial

10-11. Revocation of license

10-12. Notice of revocation

10-13. Appeal of revocation

10-14. Appeal hearing

10-15. Conduct of hearings

10-16. Decision

10-17. Application for new license after revocation

10-18. Judicial action

10-19. Location of bingo

10-20. Posting of license

10-21. Nontransferability of license

10-22. Posting of prizes and rules

10-23. Maximum amount of prizes

10-24. Inspections

10-25. Open to the public

10-26. Maximum attendance

10-27. Maintenance of records

10-28. Proceeds from games

10-29. Reports on proceeds

10-30. Annual report

10-31. Financial interest

10-32. Exclusive operation

10-33. Minors; intoxicated person

10-34. Days and hours of operation

10-35. Participant to be present

10-36. Use of credit prohibited

10-37. No admission charge

10-38. Violations

10-39. City attorney may enjoin violation

SEC. 10-1. DEFINITIONS.

For purposes of this chapter, the following words shall have the following meanings:

(A) BINGO - A game of chance in which participants are awarded prizes on the basis of having designated numbers or symbols on a card which conform to numbers or symbols selected at random.

(B) RECREATIONAL BINGO - Bingo that complies with the following:

(1) The purchase price of individual bingo card does not exceed $.25;

(2) No person is allowed to purchase more than 12 individual bingo cards during each separate game;

(3) No more than a total of 600 individual bingo cards are used by all participants during each separate game;

(4) Prizes for each separate game are limited to goods, gift certificates, or cash that does not exceed $25 in fair market value.

(5) The organization conducting the game is not required to comply with the reporting requirements of this chapter.

(C) LICENSE COLLECTOR - The police chief or designee.

(`64 Code, Sec. 8.1-1) (Ord. No. 2435, 2977, 3052)

SEC. 10-2. ELIGIBLE ORGANIZATION.

No bingo shall be conducted in the city except by an organization exempted from the payment of the bank and corporation tax by Cal. Rev. and Tax. Code, Sections 23701(a), (b), (d), (e), (f), (g) or (1), a mobile home park association or a senior citizen organization.

(`64 Code, Sec. 8.1-2) (Ord. No. 2435)

SEC. 10-3. BINGO LICENSE.

Prior to conducting bingo, an organization will obtain and maintain a bingo license.

(`64 Code, Sec. 8.1-3) (Ord. No. 2435)

SEC. 10-4. APPLICATION PROCEDURE.

(A) To obtain a bingo license, an organization has to first file one of the following documents with the license collector:

(1) Proof of exemption under Cal. Rev. and Tax. Code, Sections 23701(a), (b), (d), (e), (f), (g) or (1); or

(2) A letter of good standing from the exemption division of the State Franchise Tax Board, showing exemption under one of such code sections listed in subsection

(A)(1); or

(3) Proof satisfactory to the license collector that the organization is either a valid and duly organized mobile home park association or senior citizen organization.

(B) If the organization satisfies the requirements of this section, the license collector shall provide the organization with a bingo license application.

(`64 Code, Sec. 8.1-4) (Ord. No. 2435)

SEC. 10-5. FEES.

(A) Upon completing and filing a bingo license application, the applicant shall pay a fee of $50.

(B) Upon completing and filing a bingo license application for recreational bingo, the applicant shall pay a fee of $25.

(`64 Code, Sec. 8.1-5) (Ord. No. 2435)

SEC. 10-6. INVESTIGATION OF APPLICANT.

The license collector will determine if all the statements on any bingo license application are true and the appropriateness of the applicant to conduct bingo in the city.

(`64 Code, Sec. 8.1-6) (Ord. No. 2435)

SEC. 10-7. EFFECTIVE DATE OF LICENSE.

If the license collector grants the license, the license shall be effective on the date of issuance. Any license issued prior to July 1 of any year shall be valid until December 31 of that same year. Any license issued after July 1 of any year shall be valid until December 31 of the following year.

(`64 Code, Sec. 8.1-7) (Ord. No. 2435)

SEC. 10-8. DENIAL OF LICENSE.

The license collector may not issue or renew a license or may condition the license if, after consideration of any application, the license collector determines that the operation of bingo by the applicant or licensee would be injurious to the health, safety or welfare of the public, or that an application is incomplete or fraudulent. If the applicant or licensee is denied an original license, or a renewal, the license collector shall refund one-half of the fee and immediately notify the applicant or licensee as set forth in section 10-12.

(`64 Code, Sec. 8.1-8) (Ord. No. 2435)

SEC. 10-9. LICENSE RENEWAL.

A licensee shall renew the license annually. The license renewal shall be accompanied by payment of a fee set forth in section 10-5 and processed as an original application.

(`64 Code, Sec. 8.1-9) (Ord. No. 2435)

SEC. 10-10. APPEAL OF DENIAL.

The applicant or licensee may appeal any decision of the license collector to deny or condition an original license or not to renew a license as set forth in section10- 13.

(`64 Code, Sec. 8.1-10) (Ord. No. 2435)

SEC. 10-11. REVOCATION OF LICENSE.

The license collector may revoke a license if a licensee violates any provision of this chapter or if the operation of the bingo game would be injurious to the health, safety or welfare of the public.

(`64 Code, Sec. 8.1-11) (Ord. No. 2435)

SEC. 10-12. NOTICE OF REVOCATION.

(A) The license collector shall notify a licensee of any license revocation.

(B) The notice shall be effective immediately if personally served, or 48 hours after the notice has been deposited postage prepaid in the United States mail.

(C) Upon the notice becoming effective, the licensee shall immediately cease all bingo operations.

(`64 Code, Sec. 8.1-12) (Ord. No. 2435)

SEC. 10-13. APPEAL OF REVOCATION.

A licensee objecting to the revocation of the license may file with the city clerk a written request for an appeal hearing, accompanied by the hearing fee as established by resolution of the city, within 14 days of receiving the notice.

(`64 Code, Sec. 8.1-13) (Ord. No. 2435)

SEC. 10-14. APPEAL HEARING.

(A) (1) Upon receiving a request for an appeal hearing, the city clerk shall send the request to a hearing officer.

(2) The hearing officer shall promptly schedule the matter for hearing.

(B) At least ten days before the hearing, the hearing officer shall mail written notice of the date, time and place of hearing to the applicant or licensee and license collector.

(`64 Code, Sec. 8.1-14) (Ord. No. 2435)

SEC. 10-15. CONDUCT OF HEARINGS.

(A) All hearings shall be open to the public.

(B) A representative of the license collector shall first present evidence to justify the denial, revocation or conditioning of a license. Thereafter, the applicant or licensee may present evidence.

(C) The burden of proof to justify revocation or conditioning of the license is on the license collector. The burden of proof is on the applicant or licensee seeking to reverse the denial of a request for an original license or license renewal.

(D) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.

(`64 Code, Sec. 8.1-15) (Ord. No. 2435)

SEC. 10-16. DECISION.

Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the licensee and license collector a written decision containing a statement of the reasons for the decision.

(`64 Code, Sec. 8.1-16) (Ord. No. 2435)

SEC. 10-17. APPLICATION FOR NEW LICENSE AFTER REVOCATION.

If a license is revoked, the former licensee may apply for a new license after waiting one year from the date the revocation of the license is final.

(`64 Code, Sec. 8.1-17) (Ord. No. 2435)

SEC. 10-18. JUDICIAL ACTION.

The applicant or licensee may seek judicial review of the hearing officer's decision within the time and in the manner provided by Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.

(`64 Code, Sec. 8.1-18) (Ord. No. 2435)

SEC. 10-19. LOCATION OF BINGO.

(A) A licensee shall conduct bingo only on property owned or leased by the licensee, or donated to the licensee. The property used by the licensee for bingo shall also be used for an office by the licensee or for performance of the purposes for which the licensee is organized.

(B) In the event the licensee ceases to use such property as an office or as a place for the performance of the purposes for which the licensee is organized, the license shall automatically be deemed revoked.

(`64 Code, Sec. 8.1-19) (Ord. No. 2435)

SEC. 10-20. POSTING OF LICENSE.

Licensee shall post the license in a conspicuous location during any bingo game. Licensee shall produce the license upon request by the license collector or any member of a law enforcement agency.

(`64 Code, Sec. 8.1-20) (Ord. No. 2435)

SEC. 10-21. NONTRANSFERABILITY OF LICENSE.

A bingo license is not transferable.

(`64 Code, Sec. 8.1-21) (Ord. No. 2435)

SEC. 10-22. POSTING OF PRIZES AND RULES.

Prior to playing bingo, the licensee shall announce the nature and amount of the prizes, the type of bingo, the rules of the bingo and clearly display same to all

participants. The licensee shall award all prizes immediately upon conclusion of each bingo game.

(`64 Code, Sec. 8.1-22) (Ord. No. 2435)

SEC. 10-23. MAXIMUM AMOUNT OF PRIZES.

The total fair market value of prizes awarded during any single bingo game shall not exceed $500.

(`64 Code, Sec. 8.1-23) (Ord. No. 2435, 2805)

SEC. 10-24. INSPECTIONS.

No person shall interfere with, prevent or refuse to permit a member of a law enforcement agency or the license collector to inspect, without notice, any property licensed for bingo. This inspection shall be to determine whether the licensee is complying with the provisions of this chapter, State and federal law.

(`64 Code, Sec. 8.1-24) (Ord. No. 2435)

SEC. 10-25. OPEN TO THE PUBLIC.

Licensee shall maintain bingo open to the public and shall not reserve seats or space for any person.

(`64 Code, Sec. 8.1-25) (Ord. No. 2435)

SEC. 10-26. MAXIMUM ATTENDANCE.

Licensee shall limit attendance at bingo to the occupancy capacity of the location where the bingo is conducted as determined by the city.

(`64 Code, Sec. 8.1-26) (Ord. No. 2435)

SEC. 10-27. MAINTENANCE OF RECORDS.

For a period of at least three years from the year of preparation, the licensee shall maintain accurate and complete records of the total number of persons participating in each bingo game and the number of bingo cards, pull tabs, punch boards, or other devices which are sold during each game.

(`64 Code, Sec. 8.1-27) (Ord. No. 2435)

SEC. 10-28. PROCEEDS FROM GAMES.

(A) Any licensee exempt from payment of the bank and corporation tax by Cal. Rev. and Tax. Code, Section 23701(d) shall deposit all profits derived from bingo in a special fund or account and shall not commingle such funds with any other funds. Such funds shall be used only for charitable purposes.

(B) All other licensees shall deposit all proceeds derived from bingo in a special fund or account and shall not commingle such funds with any other funds. The proceeds shall be used only for charitable purposes, with the following exceptions:

(1) The proceeds may be used for prizes.

(2) A portion of the proceeds, not to exceed 20% of the total before deduction for prizes, or $2,000 per month, whichever is less, may be used for the rental of

property to conduct bingo and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel.

(3) The proceeds may be used to pay license fees.

(`64 Code, Sec. 8.1-28) (Ord. No. 2435)

SEC. 10-29. REPORTS ON PROCEEDS.

The licensee shall file with the license collector on the fifteenth day of each month a report specifying the use of proceeds generated from bingo during the previous month.

(`64 Code, Sec. 8.1-29) (Ord. No. 2435)

SEC. 10-30. ANNUAL REPORT.

On or before January 31 of each year, a licensee shall file a report under penalty of perjury with the license collector containing the following information:

(A) Total amount of funds received from the operation of bingo during the previous 12 months;

(B) Total amount paid out in prizes or cash; and

(C) Detailed costs for the operation of bingo.

(`64 Code, Sec. 8.1-30) (Ord. No. 2435)

SEC. 10-31. FINANCIAL INTEREST.

No individual, corporation, partnership, or other legal entity, except licensee, shall hold a financial interest in bingo.

(`64 Code, Sec. 8.1-31) (Ord. No. 2435)

SEC. 10-32. EXCLUSIVE OPERATION.

(A) Bingo shall be operated and staffed only by the members and the manager of the licensee. Such members or manager shall not receive a percentage of profit, wage, salary, or any other direct or indirect consideration from bingo, nor shall they receive payments from the licensee for such purpose.

(B) Only the licensee shall operate bingo or participate in the promotion, supervision or any other phase of bingo. Security personnel do not have to be members of licensee.

(`64 Code, Sec. 8.1-32) (Ord. No. 2435)

SEC. 10-33. MINORS; INTOXICATED PERSON.

No person under the age of 18 years or any intoxicated person shall be allowed to participate in a bingo game.

(`64 Code, Sec. 8.1-33) (Ord. No. 2435)

SEC. 10-34. DAYS AND HOURS OF OPERATION.

(A) Licensee shall not operate bingo games more than one day per calendar week, unless the licensee receives prior written permission from the license collector to

exceed this limitation, which permission may be withheld for any reason, and shall not be granted more than two times in any calendar year.

(B) The licensee hours of operation may not exceed six hours within a single day, unless the licensee receives prior written permission from the license collector to exceed this limitation, which permission may be withheld for any reason, and shall not be granted more than two times in any calendar year.

(`64 Code, Sec. 8.1-34) (Ord. No. 2435)

SEC. 10-35. PARTICIPANT TO BE PRESENT.

No person shall be allowed to participate in bingo unless the person is physically present at the time and place in which the bingo game is being conducted.

(`64 Code, Sec. 8.1-35) (Ord. No. 2435)

SEC. 10-36. USE OF CREDIT PROHIBITED.

No person shall be permitted to play bingo on a credit basis.

(`64 Code, Sec. 8.1-36) (Ord. No. 2435)

SEC. 10-37. NO ADMISSION CHARGE.

The licensee shall not impose a fee, donation, dues or other charge as a requirement for admission or entry into any bingo location.

(`64 Code, Sec. 8.1-37) (Ord. No. 2435)

SEC. 10-38. VIOLATIONS.

(A) Any person violating the provisions of this chapter is guilty of a misdemeanor and shall be punishable by a $1,000 fine and/or one year in county jail.

(B) Notwithstanding subsection (A), any person who receives or pays a percentage of profit, wage or salary from any bingo licensed pursuant to this chapter shall be punishable by a fine not to exceed $10,000.

(`64 Code, Sec. 8.1-38) (Ord. No. 2435)

SEC. 10-39. CITY ATTORNEY MAY ENJOIN VIOLATION.

The city attorney may bring an action to enjoin a violation of Cal. Penal Code, Section 326.5 or of any provision of this chapter.

(`64 Code, Sec. 8.1-39) (Ord. No. 2435)

CHAPTER 11: PERMITS