Upland Municipal Code Ch. 5.58 Remote Caller Bingo Games

The purpose of this chapter is to authorize remote caller bingo games within the city of Upland so as to provide non-profit organizations with an additional method of fundraising for essential services to the community.

(Ord. 1880 § 1, 2014)

For purposes of this chapter, the following terms have the following meanings:

"Caller"

shall have the same meaning as Section 12480(b)(4) of Title 4 of the California Code of Regulations.

"Chief of police"

shall mean the chief of the Upland police department, and shall include his/her designee.

"City"

shall mean the city of Upland.

"City council"

shall mean the city council of the city of Upland.

"Game"

shall have the same meaning as Section 12480(b)(9) of Title 4 of the California Code of Regulations.

"Mobilehome park"

shall have the same meaning as Section 18214 of the California Health and Safety Code.

"Remote caller bingo"

shall have the same meaning as the definition contained in California Penal Code Section 326.3.

(Ord. 1880 § 1, 2014)

The city authorizes remote caller bingo subject to the provisions of Sections 326.3 and 326.4 of the Penal Code and this chapter.

(Ord. 1880 § 1, 2014)

It is unlawful for any person, firm, corporation or organization to permit, conduct, organize, operate or participate in any bingo game except as authorized and licensed in accordance with the provisions of this chapter or Chapter 5.56 (Bingo Games) of this code.

(Ord. 1880 § 1, 2014)

A. The following organizations are qualified to apply to the city for a license to operate a bingo game if the receipts of those games are used only for charitable purposes:

1. An organization exempt from the payment of taxes imposed under the Corporation Tax Law by Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue and Taxation Code.

2. A mobilehome park association of a mobilehome park that is situated in the city.

3. Senior citizen organization.

4. Charitable organization affiliated with a school district.

B. The application shall be in a form prescribed by the city and shall be accompanied by a non-refundable filing fee in an amount determined by resolution of the city council. The following documentation shall be attached to the application, as applicable:

1. A certificate issued by the Franchise Tax Board certifying that the applicant is exempt from the payment of the taxes imposed under the Corporation Tax Law pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue and Taxation Code. In lieu of a certificate issued by the Franchise Tax Board, the city may refer to the Franchise Tax Board's Internet website to verify that the applicant is exempt from the payment of the taxes imposed under the corporation tax law.

2. Other evidence as the city determines is necessary to verify that the applicant is a duly organized mobilehome park association of a mobilehome park situated in the city.

(Ord. 1880 § 1, 2014)

The license shall not be issued until the city has verified the facts stated in the application and determined that the applicant is qualified.

(Ord. 1880 § 1, 2014)

A license issued pursuant to this chapter shall be valid until the end of the calendar year, at which time the license shall expire. A new license shall only be obtained upon filing a new application and payment of the license fee. Notwithstanding the forgoing, the city council reserves the right to amend or repeal this chapter at any time. If this chapter is repealed, all licenses issued pursuant to this chapter shall cease to be effective for any purpose on the effective date of the repealing ordinance.

(Ord. 1880 § 1, 2014)

A. Any license issued pursuant to this chapter shall be subject to the conditions contained in Sections 326.3 and 326.4 of the California Penal Code, and each licensee shall comply with the requirements of those provisions.

B. Each license issued pursuant to this chapter shall be subject to the following additional conditions:

1. Bingo games shall not be conducted by any licensee on more than two days during any week, except that a licensee may hold one additional game, at its election, in each calendar quarter.

2. The licensed organization is responsible for ensuring that the conditions of this chapter and Sections 326.3 and 326.4 of the Penal Code are complied with by the organization and its officers and members.

3. Security shall be provided by any licensee that hosts a remote caller bingo game with 100 or more participants. Prior to hosting any game with 100 or more participants, the host organization shall submit a proposed security plan to the chief of police. The security plan shall include the layout of the venue, including parking and all exits, the approximate number of participants, and details of the proposed security plan, including but not limited to, number of guards, whether such guards will be armed, any security system or security doors, and any other information pertinent to the safety of the participants, staff and the public. The chief of police may, at his or her discretion, request additional information and/or additional security measures.

(Ord. 1880 § 1, 2014)

A. Whenever it appears to the chief of police that the licensee is conducting a remote caller bingo game in violation of any of the provisions of this chapter, 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 remote caller bingo game. The chief of police shall issue an order therefor, and in the order shall articulate the basis for the suspension.

B. Any person who continues to conduct a bingo game after any summary suspension of a license shall be deemed guilty of a misdemeanor and conviction thereof shall be punishable by a fine not exceeding $500.00, or by imprisonment in jail for a period not exceeding six months, or by both such fine and imprisonment.

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 the order to submit a written request to the chief of police for a hearing to determine whether the license shall be revoked. Failure to submit a timely written request for a hearing shall result in a revocation of the license.

D. The chief of police shall provide a hearing within 10 business days of receipt of the written request. The chief of police shall provide notice of the time and place of the hearing at least five business 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 grounds advanced as the basis of the suspension and revocation. The licensee shall be provided the opportunity to present relevant evidence in opposition to the suspension or revocation of the license.

E. The chief of police's decision shall issue in writing within five business days of the hearing, and shall be final. The decision shall include reference to Sections 1094.5 and 1094.6 of the Code of Civil Procedure.

(Ord. 1880 § 1, 2014)

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 chapter, or that the license was obtained by fraudulent representation, and no summary suspension is ordered under Section 5.58.090, 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.

B. The chief of police shall provide a hearing within 10 business days of receipt of the written request. The chief of police shall provide notice of the time and place of the hearing at least five business 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 grounds advanced as the basis of the suspension and revocation. The licensee shall be provided the opportunity to present relevant evidence in opposition to the suspension or revocation of the license.

C. The chief of police's decision shall issue in writing within five business days of the hearing, and shall be final. The decision shall include reference to Sections 1094.5 and 1094.6 of the Code of Civil Procedure.

(Ord. 1880 § 1, 2014)

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 two years from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under any applicable section of the Revenue and Taxation Code, the organization may again apply for a license upon proof of reinstatement of the exemption.

(Ord. 1880 § 1, 2014)

A. Suspension or revocation of the license is not the exclusive means for abatement of violations of this chapter within the city of Upland. The remedies set forth pursuant to this section shall be in addition to any other existing remedies for municipal code violations, including, but not limited to, administrative citations, criminal prosecution, or any action at law or equity.

B. The provisions of Penal Code Sections 326.3 and 326.4 are incorporated into the Upland Municipal Code by this reference. Any violation of the provisions of these sections shall, in addition to being grounds for suspension or revocation of a license issued hereunder, be punishable pursuant to Chapters 1.10 and 1.16 of this code.

C. Any violation of the provisions of this chapter and of Penal Code Sections 326.3 and 326.4 is hereby declared a public nuisance.

(Ord. 1880 § 1, 2014)

No later than the first quarter of 2015, or one year after the effective date of adoption of the ordinance codified in this chapter, the city council shall consider a report relating to the effectiveness and secondary effects of this chapter to ensure that the provisions have been effective in contributing to the fundraising efforts of community organizations, and that the provisions have not caused an increase in criminal activity and public nuisances, and have not been detrimental to the public health, safety and welfare of the city.

(Ord. 1880 § 1, 2014)