Article 4-10 — Saratoga Zoning Code

AMUSEMENTS

Sections:

4-10.005 Definition of Community Event Official. 4-10.010 Circuses and carnivals. 4-10.020 Card games. 4-10.030 Bingo.

4-10.005 Definition of Community Event Official.

As used in this Article, the term "Community Event Official" means the staff member designated as such by the City Manager in writing. (Ord. No. 322, § 1(Exh. 1.B.4), 11-19-2014)

4-10.010 Circuses and carnivals. ¶

(a) Permit required. No person shall locate, construct or operate any fair, amusement park, circus, carnival or other similar recreational enterprise or establishment at any place in the City without first securing a permit from the Community Event Official. If the event or activity to be conducted is temporary in nature and involves the complete or partial closure of any public road, a special event permit shall also be obtained pursuant to Article 10-10 of this Code.

(b) Application for permit. Written application for permits under this Section shall be filed with the Community Event Official and signed by the applicant. If the applicant is a corporation or association, such application shall be signed by the officer or manager who is to be in actual charge of the establishment. The application shall contain the following information:

(1) The name and permanent address of the applicant.

(2) The location or proposed location of the enterprise or establishment.

(3) Whether the establishment will be of a permanent or temporary nature; if temporary, the estimated length of time the establishment will be in continuous operation.

(4) The character and plan of operation of such establishment or enterprise, including full information with respect to the proposed method of handling all traffic, including automobile traffic, which may seek ingress to or egress from the premises.

(5) The proposed sanitary facilities to be used, including toilet facilities, and the proposed method of sewage and refuse disposal.

(6) The proposed system to be used for the supply and consumption of water at such establishment or enterprise.

(7) The procedure to be followed in the handling and preparation of all food at such establishment.

(8) Such other information as the Community Event Official may request.

(c) Application fee. A fee in such amount as established from time to time by resolution of the City Council shall be charged to the applicant at the time of filing the application for a permit under this Section.

(d) Review and approval of application. Upon receipt of an application for a permit under this Section, the Community Event Official shall forward a copy of the application for review and approval to the Community Development Director, for determination as to whether the proposed activity will comply with the building codes, zoning requirements, and other rules, regulations and ordinances of the City.

(e) Issuance of permit. Provided that permit conditions are met, the Community Event Official shall issue a permit to the applicant.

(f) Contents of permit. The permit shall set forth the following:

(1) The name of the person to whom it is issued.

(2) The location of the premises to which the permit is applicable.

(3) The length of time for which the permit is issued, which shall in no event exceed one year.

(4) Any conditions to which the permit is subject.

(g) Renewal of permit. Applications for renewal of any permit issued pursuant to this Section shall be processed in the same manner as the application for initial issuance of such permit.

(h) Requirement for business license. Any person desiring to operate or conduct any activity for which a permit is required under the provisions of this Section shall also apply for and obtain a business license pursuant to Article 4-05 of this Chapter, and pay the license fee specified in Section 4-05.100, unless such person or activity is exempted under Section 4-05.160 or Section 4-05.170. No such business license shall be issued unless and until the applicant has first obtained a valid permit under this Section.

(Saratoga Supp. No. 40, 1-17)

4-10.010

(i) Cleanup deposit. No permit shall be issued under this Section until the applicant has made a cash deposit with the Community Event Official in the amount of five hundred dollars as a guaranty that the applicant will conduct a final cleanup of the premises. Such final cleanup shall be completed, to the satisfaction of the Community Event Official, within twentyfour hours after cessation of the activity for which the permit is issued. If the applicant fails to clean up the premiseswithinthetimespecifiedhereinorif thecleanup work is not performed to the satisfaction of the Community Event Official, said Official may cause any necessary cleanup work to be performed and may utilize the security deposit for payment of any costs or expenses as may be incurred in connection therewith. In the event the cleanup cost exceeds the amount of the security deposit, the applicant shall be liable to the City for payment of such excess cost. Upon certification by the Community Event Official that the final cleanup has been satisfactorily completed, the cleanup deposit, or any remaining balance thereof, shall be mailed to the applicant at the address shown on the application.

(j) Separate permits required for each establishment. A separate permit under this Section shall be required for each separate establishment or enterprise to be constructed or operated within the City.

(k) Transferability of permit. Permits issued under this Section shall not be transferable, either as to the permittee or location specified therein, and any attempted transfer shall invalidate the permit.

(l) Revocation or suspension of permit. Any permit issued under this Section may be revoked or suspended by the Community Event Official for violation of any term or condition set forth therein or violation of any provision of this Code or any other ordinance or regulation of the City.

(m) Appeals to City Council. Any decision rendered pursuant to this Section with respect to the issuance, denial, revocation or suspension of a permit may be appealed to the City Council by the applicant or permittee or other interested person in accordance with the procedure set forth in Section 2-05.030 of this Code.

as prescribed in Chapter 3 of this Code. The enforcement of this Section pursuant to Chapter 3 shall be in addition to any proceedings conducted under subsection (l) of this Section for revocation or suspension of the permit or any proceedings conducted under Article 4-05 of this Chapter to revoke a business license by reason of the same violation.

(Ord. No. 322, § 1(Exh. 1.B.4), 11-19-2014)

4-10.020 Card games. ¶

(a) Permit required. No person shall operate in any building, place or premises owned, managed or controlled by him, any tables which are open to the public for the playing of cards and for the use of which a fee or compensation is charged players without first obtaining a permit from the Community Development Director to do so.

(b) Application for permit. Written application for a permit under this Section shall be filed with the Community Development Director and signed by the applicant. If the applicant is a corporation or association, such application shall be signed by the officer or manager who is to be in actual charge of the card game. The application shall contain the following information:

(1) Name and permanent address of the applicant.

(2) Occupation of the applicant.

(3) The location and ownership of the premises where the card game is to be conducted.

(4) The anticipated number of persons in attendance at the card game.

(5) Hours of operation.

(6) Such other information as the Community Development Director may request.

(c) Application fee. A fee in such amount as established from time to time by resolution of the City Council shall be charged the applicant at the time of filing the application for a permit under this Section.

(d) Review and approval of application. Upon receipt of an application for a permit under this Section, the Community Development Director shall determine whether the proposed card game and the premises where such game is to be conducted will comply with the building codes, zoning requirements, and other rules,

(Saratoga Supp. No. 40, 1-17)

4-10.030

regulations and ordinances of the City and shall forward a copy of the application to the following persons and agencies for review and approval to:

(1) The County Sheriff, for determination as to background of the applicant and determination as to whether the operation of the proposed card game will violate any State law or present any difficult problem of law enforcement. The County Sheriff shall not approve the application if he finds that the applicant has been convicted of a felony or misdemeanor offense involving theft, dishonesty, violence or moral turpitude.

(2) The City Building Official, for determination of any potential code enforcement problems from issuance of the requested permit.

The County Sheriff shall indicate on the application that the proposed permit is either approved or disapproved or approved subject to specified conditions, and shall return the application to the Community Development Director.

(e) Issuance of permit. Provided that each of the persons and agencies referred to in subsection (d) of this Section has approved the issuance of a permit, or the issuance thereof subject to conditions, the Community Development Director shall issue a permit to the applicant.

(f) Contents of permit. The permit shall set forth the following:

(1) The name of the person to whom it is issued.

(2) The location of the premises to which the permit is applicable.

(3) The length of time for which the permit is issued, which shall in no event exceed one year.

(4) Any conditions to which the permit is subject.

(g) Hours of operation. All card rooms subject to the provisions of this Section shall cease operations and remain closed between the hours of 2:00 A.M. and 9:00 A.M. of each day.

(h) Renewal of permit. Applications for renewal of any permit issued pursuant to this Section shall be processed in the same manner as the application for initial issuance of such permit.

(i) Requirement for business license. Any person desiring to operate a card game for which a permit is required under the provisions of this Section shall also apply for and obtain a business license pursuant to Article 4-05 of this Chapter, and pay the license fee specified in Section 4-05.100, unless such person or the activity is exempted under Section 4-05.160 or Section

4-05.170. No such business license shall be issued unless and until the applicant has first obtained a valid permit under this Section.

(j) Separate permits required for each card room. A separate permit under this Section shall be required for each separate card room to be operated within the City.

(l) Revocation or suspension of permit. Any permit issued under this Section may be revoked or suspended by the Community Development Director for violation of any term or condition set forth therein or violation of any provision of this Code or any other ordinance or regulation of the City.

(n) Violation of Section. The violation of any provision contained in this Section, or the violation of any condition of a permit issued hereunder, is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code. The enforcement of this Section pursuant to Chapter 3 shall be in addition to any proceedings conducted under subsection (l) of this Section for revocation or suspension of the permit or any proceedings conducted under Article 4-05 of this Chapter to revoke a business license by reason of the same violation.

(Ord. No. 322, § 1(Exh. 1.B.4), 11-19-2014)

4-10.030 Bingo. ¶

(a) Purpose and application. In accordance with Section 19 of Article IV of the California Constitution and California Penal Code Section 326.5, this Section allows the conduct and operation of bingo games by certain organizations under conditions set forth below. All words as used herein which are also used in California Penal Code Section 326.5 are used in the same sense and have the same meaning as do such words in California Penal Code Section 326.5.

(Saratoga Supp. No. 40, 1-17)

4-10.030

(b) License. Charitable organizations which meet the criteria established in California Penal Code Section 326.5 and which have their primary place of business in Saratoga may apply for or renew a license to operate bingo games for charitable purposes upon payment of a fee in an amount set forth in the City fee schedule and not exceeding fifty dollars. The application shall contain all information necessary to establish the qualification of the applicant and the location or locations where games will take place. A license may be for a term of up to three years and may be renewed for subsequent three-year terms. Licenses are not transferable.

to any other remedies at law. The City may bring an action in a court of competent jurisdiction to enjoin a violation of this Section and California Penal Code Section 326.5.

(Ord. No. 345, § 1(Att. A), 11-16-2016)

(c) Conditions of operation. Organizations with a license to operate bingo games pursuant to this Section are authorized to do so in accordance with this Section, the City Code, and other applicable laws. Operation of any bingo game shall comply with the conditions and provisions of California Penal Code Section 326.5 and the following:

(1) No game shall occur in any zoning district designated as commercial; and

(2) No game shall occur between the hours of midnight and 9:00 A.M.

(d) Reporting. All license holders shall submit an annual report not later than March 31 of each year listing for the prior calendar year the dates and locations of each bingo event, the proceeds from that event, the total proceeds for the year and the license holder's use of those proceeds. The City has the right to examine and audit the licensee's records pertaining to the matters in the annual report at any reasonable time within three years of the date of the report, and the licensee shall fully cooperate with the City by retaining and making such records and supporting data available to the City for the purpose of determining whether the conduct of such bingo games complies with the this Code and other applicable law. The use of funds from any bingo game shall comply with the conditions and provisions of California Penal Code Section 326.5.

(e) Enforcement. The City Manager may revoke any license issued under this Section whenever it appears to the City Manager that a licensee is conducting bingo games in violation of any of the provisions of this Chapter, or that the license was obtained by any false representation. Violation of any of the provisions of this Section is a misdemeanor and may be enforced in accordance with Chapter 3 of this Code in addition

y Manager may revoke any license issued under this Section whenever it appears to the City Manager that a licensee is conducting bingo games in violation of any of the provisions of this Chapter, or that the license was obtained by any false representation. Violation of any of the provisions of this Section is a misdemeanor and may be enforced in accordance with Chapter 3 of this Code in addition

(Saratoga Supp. No. 40, 1-17)

Repealed*