San Fernando Municipal Code Div. 2 License

Organizations exempted from the payment of the bank and corporation tax by Revenue and Taxation Code §§ 23701a, 23701b, 23701d—23701g and 23701l; mobile home park associations; and senior citizens' organizations are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Penal Code § 326.5, as amended, and this article.

(Code 1957, § 5A.2)

Eligible organizations desiring to obtain a license to conduct bingo games for charitable purposes in the city shall file an application in writing in the office of the finance director on a form to be provided by the finance director. The issuing authority shall be the city council. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee. No organization shall conduct a bingo game unless licensed pursuant to this division.

(Code 1957, § 5A.3; Ord. No. 1545, § 14, 11-3-2003)

No license for bingo for charitable purposes shall be issued to any organization unless such applicant is an eligible organization under section 10-71 and its application conforms to the requirements, terms and conditions of this article.

(Code 1957, § 5A.4)

(a) The application for a license for bingo for charitable purposes shall contain the following:

(1) The name and address of the applicant organization and a statement that the applicant is an eligible organization under section 10-71 of this division.

(2) The name and signature of at least two officers, including the presiding officer of the applicant organization.

(3) The particular property within the city, including the street number, owned or leased by the applicant or property whose use is donated to the applicant, which property must be used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which proper bingo games will be conducted, together with the occupancy capacity of such place.

(4) The proposed day of the week and hours of the day for the conduct of bingo games.

(5) The name and account number of the special fund in which proceeds derived from bingo games will be kept.

(6) That the applicant agrees to conduct bingo games in strict accordance with the provisions of Penal Code § 326.5 and this article as they may be amended from time to time and agrees that the license to conduct bingo games may be revoked by the city council upon violation of any of such provisions.

(b) The application shall be signed by two duly authorized officers of the applicant under penalty of perjury.

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

(d) The applicant shall also submit, if applicable, a certificate or determination of exemption under Revenue and Taxation Code § 23701d or a letter of good standing from the exemption division of the franchise tax board in Sacramento, showing exemption under Revenue and Taxation Code § 23701a, 23701b, 23701d—23701g or 23701l.

(Code 1957, § 5A.5)

Upon receipt of the completed application and the fee for a license for bingo for charitable purposes, the finance director shall refer the application to interested city departments, including but not limited to the administrative services officer, city attorney and police department for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies and the extent to which it qualifies as property on which bingo games may lawfully be conducted as to fire, occupancy and other applicable restrictions.

(Code 1957, § 5A.6; Ord. No. 1545, § 15, 11-3-2003)

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games for charitable purposes in the city, the city council shall issue a license to the applicant, which shall contain the following information:

(1) The name, address and nature of the organization to which 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) The name of the member of the organization to be designated as "bingo manager."

(6) Such other information, including conditions, as may be necessary or desirable for the enforcement of this article.

(Code 1957, § 5A.7)

(a) Whenever the chief of police, administrative officer, finance director or city council determines that the licensee is conducting a bingo game in violation of any of the sections of this article, the city official or body that made such determination 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 of the license under subsection (a) of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-10.

(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 before the city council to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the city council within the 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 city council shall provide such hearing within 15 days after receipt of such request, at which hearing the suspended licensee may appear before the city council 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 by depositing in the United States mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.

(e) The decision of the city council after such hearing shall be final and conclusive.

(Code 1957, § 5A.8; Ord. No. 1545, § 16, 11-3-2003)

(a) Whenever it appears to the chief of police, administrative officer, finance director or city council that the licensee is conducting bingo games in violation of any of the sections of this article or that the license was obtained by fraudulent representation and no summary suspension is ordered under section 10-77 or that the manner in which the bingo games are being operated interferes with the use and enjoyment of adjacent or nearby properties, the license may be revoked. However, the licensee may appear before the city council at the time fixed 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 by depositing in the United States mail a notice directed to the licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation. The city council may attach conditions to the license to make the conduct of the bingo games compatible with the adjacent and nearby properties.

(b) The decision of the city council after such hearing shall be final and conclusive.

(Code 1957, § 5A.9; Ord. No. 1545, § 17, 11-3-2003)

Any organization whose license is finally revoked under this division may not apply for a license to conduct bingo games in the city for a period of one year from the date of such revocation. However, if the ground 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 such exemption.

(Code 1957, § 5A.10)

(a) Except as provided, a license fee of $50.00 is fixed and imposed upon each applicant for a license for bingo games for charitable purposes for each year or any portion thereof during which a license shall be in effect pursuant to this article. Such license fee shall not be apportioned or prorated for any period of less than a year.

(b) A license issued pursuant to this division shall be renewable, in the absence of revocation or grounds for revocation, during the 30-day period prior to its expiration. The licensee may apply for renewal on a form prescribed by the finance director accompanied by payment of the annual license fee. If it appears that there are grounds for revocation, the license renewal may be denied; provided, however, that the procedure specified in section 10-78 with respect to revocation shall be followed in connection with denial of renewal on such grounds. A license not so renewed shall expire automatically at the end of the license year.

(c) The amount of the license fee is found to be not more than the actual cost of issuing a license under this division. If any application is denied, one-half of the license fee shall be refunded.

(Code 1957, § 5A.11; Ord. No. 1545, § 18, 11-3-2003)