Ridgecrest Municipal Code § 9-360 Profits to be kept in separate fund or account

The city is authorized pursuant to section 19, article IV of the state constitution and Penal Code § 326.5 to provide for, and does hereby provide for bingo games, but only for charitable purposes in accordance with the provisions of this division. The provisions of Penal Code § 326.5 are adopted and shall apply to licensing of bingo and the conduct of bingo games.

(Code 1980, § 6-34.1; Ord. No. 77-16, § 1)

No person, firm, corporation, organization or association shall engage in, carry on, maintain, conduct, or cause to be engaged, carried on, maintained or conducted a bingo game in the city without first having secured a license from the director of finance in accordance with the requirements of this section nor without complying with the regulations contained herein pertaining to the operation of bingo games.

(Code 1980, § 6-34.2; Ord. No. 77-16, § 2; Ord. No. 92-02, § 31)

Applications for a license to conduct bingo games pursuant to this division shall be executed under penalty of perjury and submitted to the director of finance on forms to be obtained from the director of finance's office upon payment of the license fee prescribed in section 9-353(6). The license issued shall be for a term of one year from the date of issue, subject to renewal for annual fee.

(Code 1980, § 6-34.4; Ord. No. 77-16, § 4; Ord. No. 92-02, § 32)

No license shall be issued to any organization unless such applicant is an eligible organization and its application conforms to the requirement, terms and conditions of this division.

(Code 1980, § 6-34.5; Ord. No. 76-15, § 5)

Said application for a license shall contain the following:

(1) The name of the applicant organization and a statement that the applicant is an eligible organization.

(2) The name and signature of at least two officers, including the presiding officer, of the corporation or community chest and the trustee of any trust.

(3) A list of the names of members of the applicant organization who will, from time-to-time, operate and staff bingo games.

(4) 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.

(5) Proposed days of week and hours of day for conducting of bingo games.

(6) The annual license fee fixed by the city council by resolution shall accompany the application.

(7) 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 Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l, or that the organization is a mobilehome park association or a senior citizens organization, and charitable organizations affiliated with a school district.

(8) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Penal Code § 326.5 and this division as they may be amended from time-to-time, and agrees that the license to conduct bingo games may be revoked by the chief of police upon violation of any of such provisions.

(9) Said application shall be signed by the applicant under penalty of perjury.

(Code 1980, § 6-34.6; Ord. No. 76-15, § 6; Ord. No. 77-16, § 5)

Upon receipt of the completed application, the chief of police shall make an investigation to determine if all of the statements in the application are true and shall refer the application to other interested departments of the city, including, but not limited to, the director of the planning department, director of building inspection, the county health officer and the fire marshal to determine if the appropriate zoning ordinances and regulations, building code ordinances, health ordinances and regulations, and provisions of the uniform fire code have been or will be complied with.

(Code 1980, § 6-34.7; Ord. No. 76-15, § 7)

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the city, the director of finance shall issue a license to said applicant, which shall contain the following information:

(1) The name and nature of the organization to whom the license is issued.

(2) The address where bingo games are authorized to be conducted.

(3) The occupancy capacity of the room in which bingo games are to be conducted.

(4) The date of the expiration of such license.

(5) Such other information as may be necessary or desirable for the enforcement of the provisions of this division.

(Code 1980, § 6-34.8; Ord. No. 77-16, § 6; Ord. No. 92-02, § 33)

An organization licensed pursuant to this division shall not conduct or permit to be conducted a bingo game unless said license is posted in a conspicuous place during the conduct of any bingo game. The licensee shall produce and exhibit the same, when applying for renewal thereof, and whenever requested to do so by any peace officer or officer authorized to issue, inspect or collect licenses.

(Code 1980, § 6-34.9; Ord. No. 76-15, § 9)

(a) Whenever it appears to the chief of police that the licensee is conducting a bingo game in violation of any of the provisions of this division, the chief of police shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation 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 shall be deemed guilty of a misdemeanor.

(c) The order issued under subsection (a) of this section shall also notify the licensee that it shall have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the chief of police within said five-day period, shall result in a revocation of the license.

(d) Upon such request by the licensee, whose license has been suspended under subsection (a) of this section for a hearing to determine whether such license shall be revoked, the chief of police shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the chief of police for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation.

(e) Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the chief of police.

(Code 1980, § 6-34.10; Ord. No. 76-15, § 10)

(a) Whenever it appears to the chief of police that the licensee is conducting bingo games in violation of any of the provisions of this division or that the license was obtained by fraudulent representation and no summary suspension is ordered, under section 9-357, the license may be revoked; provided, however, the licensee may appear before the chief of police at the time fixed by the chief of police, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the revocation.

(b) Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the chief of police.

(Code 1980, § 6-34.11; Ord. No. 76-15, § 10)

(a) Any holder of a license whose license is revoked under this division shall have the right, within ten days after receiving notice in writing of the revocation, to file a written appeal to the city council. Such appeal shall set forth the specific grounds on which it is based. The city council shall hold a hearing on the appeal within 30 days after its receipt by the city, or at a time thereafter agreed upon and shall cause the appellant to be given at least ten days' written notice of such 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 his appeal. The determination of the city council on the appeal shall be final.

(b) Any organization whose license 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 such revocation; provided, however, if the grounds for revocation is cancellation of the exemption granted under Revenue and Taxation Code § 23701d, such organization may again apply for a license upon proof of reinstatement of said exemption.

(Code 1980, § 6-34.12; Ord. No. 76-15, § 10.2)

The licensee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this division. The city by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time, and licensee shall fully cooperate with city by making such record available.

(Code 1980, § 6-34.15; Ord. No. 77-16, § 7)

Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the fire department and building inspection department of the city in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.

(Code 1980, § 6-34.19; Ord. No. 76-15, § 17)

An organization authorized to conduct bingo games pursuant to this division shall conduct a bingo game only on property owned or leased by it and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this division shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. The license issued under this division shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office or as a place for performance of the purposes for which the organization is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization upon application under this division when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.

(Code 1980, § 6-34.20; Ord. No. 77-16, § 18)

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

(Code 1980, § 6-34.21; Ord. No. 76-15, § 19)

No licensee shall issue chips or money to a patron on credit or loan (including, but not limited to, IOU's and checks to be held) or allow any patron to play on credit.

(Code 1980, § 6-34.22; Ord. No. 76-15, § 20)

No person who is in a state of intoxication shall be allowed to participate in a bingo game.

(Code 1980, § 6-34.23; Ord. No. 76-15, § 21)

No licensee shall conduct any bingo game more than six hours out of a 24-hour period. No bingo game shall be conducted before 9:00 a.m., nor continued after 2:00 a.m. of the following day.

(Code 1980, § 6-34.24; Ord. No. 76-15, § 22)

The licensee shall post in a conspicuous place during the conduct of any bingo game the rules and regulations of said game.

(Code 1980, § 6-34.25; Ord. No. 76-15, § 23)