Pomona Municipal Code Div. 2 License

Any nonprofit charitable organization, mobile home park association, senior citizen organization or charitable organization affiliated with a school district, desiring to obtain a license to play bingo shall make application to the business license division.

(Code 1959, § 14.6-2; Ord. No. 2861, § 2; Ord. No. 4142, § 1, 3-7-2011)

(a) All applicants for a bingo license shall submit the following information under penalty of perjury:

(1) The name of the organization, its address specifically showing any fee or leasehold interest in the premises, the names and addresses of its officers and directors, proof that the organization is an organization authorized to play bingo pursuant to Penal Code §§ 326.3 and 326.5, and the name and address and title of each member of such organization who will operate and staff the bingo games.

(2) A statement that each of the members of such organization who will operate and staff the bingo games has had no criminal convictions or, alternatively, setting forth each criminal conviction incurred by each such member, except for minor traffic violations.

(b) The business license division may add additional requirements to the application form which in its opinion are necessary to adequately investigate the applicant.

(Code 1959, § 14.6-3; Ord. No. 2861, § 3; Ord. No. 4142, § 1, 3-7-2011)

The business license division shall refuse to issue a license to play bingo to any nonprofit charitable organization, mobile home park association, senior citizen organization or charitable organization affiliated with a school district, which does not completely fill out the application form. The business license division shall also refuse to issue such license if the application, on its face, shows a noncompliance with Penal Code §§ 326.3 and 326.5 or if any member of the organization or association who will operate and staff the bingo game has been convicted of any crime relating to gambling or any crime of moral turpitude. Such refusal may be appealed by the organization or association to the city manager within ten days after notice of such refusal is mailed to the organization or association by the business license division.

(Code 1959, § 14.6-4; Ord. No. 2861, § 3; Ord. No. 4142, § 1, 3-7-2011)

Each license to play bingo shall automatically expire one year after its issuance unless the organization or association submits a new application to play bingo within 30 days prior to the expiration date of the license, which shall be subject to the same scrutiny by the business license division as a new license application.

(Code 1959, § 14.6-5; Ord. No. 2861, § 4; Ord. No. 4142, § 1, 3-7-2011)

An annual license fee of $50.00 shall be imposed on each organization or association which the city authorizes to conduct bingo games. If an application for a new license or renewal license is denied, one-half of such fee paid shall be refunded to the organization or association.

(Code 1959, § 14.6-6; Ord. No. 2861, § 5; Ord. No. 2992, § 4; Ord. No. 3549, § 1; Ord. No. 4142, § 1, 3-7-2011)

The license authorizing any organization or association to play bingo may be revoked for cause after a ten-day notice is given and after a hearing is held before the city manager. A conviction of any person who is a member of the organization or association for violation of any provision of Penal Code §§ 326.3 and 326.5 or any person who is convicted of a crime of moral turpitude while operating a bingo game of the organization or association shall be sufficient but not the exclusive cause to revoke the license of the organization or association.

(Code 1959, § 14.6-7; Ord. No. 2861, § 6; Ord. No. 4142, § 1, 3-7-2011)

Such license issued to a organization or association to play bingo shall bear the warning in boldface type substantially as follows:

"THIS BINGO LICENSE IS ISSUED PURSUANT TO SECTIONS 326.3 AND/OR 326.5, PENAL CODE. CARE SHOULD BE TAKEN BY THE LICENSEE TO CONFORM TO EACH PROVISION OF SAID CODE SECTIONS UNDER PAIN OF CRIMINAL PROSECUTION AND/OR INJUNCTION. THIS LICENSE MAY BE REVOKED FOR CAUSE, PURSUANT TO CODE CHAPTER 30, ARTICLE V. THIS LICENSE SHALL BE REVOKED WITHOUT CAUSE IF THE CITY REPEALS CODE CHAPTER 30, ARTICLE V."

(Code 1959, § 14.6-8; Ord. No. 2861, § 7; Ord. No. 4142, § 1, 3-7-2011)

By the acceptance of a license to play bingo in the city, each organization or association agrees to allow a representative of the city to audit and inspect the financial books, records and receipts of each such organization or association at any reasonable time without prior notice, and it shall also report all proceeds of bingo games to the city on the forms and in the manner required by the business license division.

(Code 1959, § 14.6-9; Ord. No. 2861, § 8; Ord. No. 4142, § 1, 3-7-2011)

(a) "Remote caller bingo games," as defined in Penal Code § 326.3(u)(1), may be lawfully played in the city pursuant to the provisions of Penal Code §§ 326.3 and 326.4, and this chapter, and not otherwise. In addition, remote caller bingo games shall be subject to the provisions of this chapter to the extent such provisions are consistent with State Law.

(b) Those organizations listed in section 30-291 of this Code are eligible to apply to the city for a permit to conduct remote caller bingo games in the city, provided that (i) the organization has been incorporated or in existence for three years or more, (ii) the receipts of the game shall be used only for charitable purposes, and (iii) the operation of bingo is not the primary purpose for which the organization is organized.

(c) The application for a remote caller bingo game permit shall be in a form similar to the application for a traditional bingo permit pursuant to section 30-317 of this Code. The application shall be accompanied by satisfactory evidence that the applicant organization meets the eligibility requirements of sections 30-291 and subdivision (b) of this section. The application shall include a statement that the applicant organization agrees to conduct remote caller bingo games in strict accordance with the provisions of Penal Code §§ 326.3 and 326.4 and this chapter, and acknowledges that the permit to conduct remote caller bingo games may be revoked upon violation of any such provisions.

(Ord. No. 4142, § 1, 3-7-2011)

Notwithstanding any provisions of this chapter to the contrary, each remote caller bingo game permit issued pursuant to this chapter shall be subject to the following additional conditions:

(a) Remote caller bingo games shall not be conducted by any organization more than two days during any week.

(b) The organization is responsible for ensuring that the conditions of this chapter and Penal Code §§ 326.3 and 326.4 are complied with by the organization and its officers and members. A violation of any one or more of those conditions or provisions shall constitute cause for the revocation of the organization's permit pursuant to section 30-321 of this Code.

(Ord. No. 4142, § 1, 3-7-2011)