Wheatland Municipal Code Art. II Licensing

Before conducting a bingo game, an eligible organization shall obtain a license from the city clerk. Application shall be made on a form prescribed by the city clerk and shall include:

A. Proof that the organization is an eligible organization as defined by Penal Code Section 326.5(a);

B. Date or periodic description of days when games will be held;

C. Time when games will be held;

D. Place where games will be held;

E. Number and value of prizes to be offered;

F. Other information prescribed on the form by the city clerk.

(Ord. 295 § 3, 1984)

The city council may, by resolution, prescribe a license fee in an amount which covers the cost of issuing the permit and administering this chapter.

(Ord. 295 § 4, 1984)

Upon receiving an application, the city clerk shall make an investigation of the applicant or of the individuals named in the application in order to determine whether the license may be issued.

(Ord. 295 § 5, 1984)

Within thirty days after receiving an application, the city clerk shall either issue the license or deny it in writing, stating the reasons for denial.

(Ord. 295 § 6, 1984)

The city clerk may suspend or revoke a license for a violation of this chapter or for a false, misleading or fraudulent statement of material fact made either in the application for the license, or in the promotion, supervision, operation, conduct or staffing of a bingo game.

(Ord. 295 § 7, 1984)

If the city clerk determines that a bingo license should be suspended or revoked, he or she shall serve on the licensee a notice of his or her intent with his or her reasons. The notice shall provide for a suspension or revocation of the license seven days after service of the notice, unless the licensee arranges to appear at a hearing before the city clerk and show cause why such action should not be taken.

(Ord. 295 § 8, 1984)

A. The city clerk may immediately suspend or revoke a bingo license upon the licensee's refusal to:

1. Permit the entry of a peace officer to investigate the conduct of a bingo game; or

2. Permit the city clerk to review or audit the organization's records relating to the conduct of bingo games under the license and to the special account required by Penal Code Section 326.5(j).

B. Within forty-eight hours of taking such an action, the city clerk shall serve on the licensee a written statement of the reasons for the action, and shall schedule a show cause hearing on reinstatement of the license within five days of a request to do so by the licensee.

(Ord. 295 § 9, 1984)

The city clerk shall issue his written decision within seven days after the conclusion of a show cause hearing.

(Ord. 295 § 10, 1984)

The city clerk's action taken under Section 5.44.060 or 5.44.100 of this chapter may be appealed to the city council by any person.

(Ord. 295 § 11, 1984)

A. In order to grant or reinstate a license upon appeal, the city council shall find that the applicant:

1. Meets the qualification prescribed in Section 326.5 of the Penal Code;

2. Has not committed an act constituting grounds for revocation or suspension; and

3. Is not otherwise in violation of applicable statutes or this chapter.

B. The city council may impose reasonable conditions on the issuance of a bingo license which is granted pursuant to an appeal.

(Ord. 295 § 12, 1984)

A license authorizes a specific charitable organization and not more than twenty named members to conduct a bingo game on its behalf at one or more named locations. The license is not transferable. The license is a temporary permit to act within this chapter and other applicable laws and regulations and is valid for the calendar year in which it is issued.

(Ord. 295 § 13, 1984)

The licensee shall display the license at the authorized location(s) during the game(s).

(Ord. 295 § 14, 1984)