Whittier Municipal Code Ch. 5.12 Bingo Games

Nothing contained in this chapter is intended to or shall be construed to prohibit a nonprofit organization from conducting a fundraiser using controlled games as a funding mechanism to further the purposes and mission of the nonprofit organization, provided that the nonprofit organization complies with the requirements of Section 19986 of the Business & Professions Code. "Nonprofit organization" shall have the same meaning as the definition in subdivision (h) of Section 19986 of the Business & Professions Code.

(Prior code § 4150)

(Ord. No. 2965, § 2, 4-12-11)

Nothing contained in this chapter is intended to or shall be construed to prohibit playing, maintaining or operating of any bingo game if it is played, maintained or operated in accordance with all provisions of Section 326.5 of the Penal Code and this code.

(Ord. 2290 § 1, 1982: prior code § 4151)

No person shall maintain or operate a bingo game, as the term "bingo" is defined in this chapter, unless a license for the game has been obtained pursuant to this chapter and is in full force and effect, and the game is maintained or operated in compliance with the provisions of Section 326.5 of the Penal Code and each term and condition of the license issued therefor. No person shall play in a bingo game unless a license for the game has been issued pursuant to this chapter and is in full force and effect.

(Prior code § 4151.1)

Eligible organizations under Section 326.5 of the Penal Code desiring to obtain the license to conduct bingo games in the city shall file an application in writing therefor in the office of the chief of police on a form to be provided by him/her. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fees.

(Prior code § 4151.2)

(Ord. No. 3112, § 2, 2-25-20)

The application for license shall contain the following:

A. The name of the applicant organization and a statement that applicant is an eligible organization;

B. The name and signature of at least two officers of the organization which will conduct the bingo game;

C. The particular property within the city, including street number owned or leased by the applicant, used by the 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 the place;

D. Acknowledgement of applicant of the requirement to notify the chief of police in writing of the location, time and date of any bingo game at least forty-eight hours in advance of the operation;

E. Acknowledgement by the applicant that current and accurate records shall be kept of all bingo games and the records shall be available for on-site inspection at any time or the applicant may be required to submit the records for audit by the chief of police upon his/her request. All such records shall be maintained for a period of not less than three years;

F. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter 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 or his/her designated representative upon violation of any of the provisions;

G. The application shall be signed by the applicant or a duly authorized officer of the applicant under penalty of perjury;

H. The annual license fee fixed by the city council shall accompany the application;

I. The applicant shall also submit, with its application, evidence that the applicant is an organization which qualifies, pursuant to subsection (a) of Section 326.5 of the Penal Code.

(Prior code § 4151.3)

(Ord. No. 3112, § 2, 2-25-20)

Upon receipt of the completed application and the fee, the chief of police shall refer it to interested departments of the city 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, zoning and other applicable restrictions.

(Prior code § 4151.4)

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

A. The name and nature of the organization to whom the license is issued;

B. The address where bingo games are authorized to be conducted;

C. The occupancy capacity of the room in which bingo games are to be conducted;

D. The date of the expiration of the license;

E. Such other information including conditions as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Prior code § 4151.5)

A license fee of fifty dollars is fixed and imposed upon each organization authorized under this chapter for each year or any portion thereof during which a license is in effect pursuant to this chapter. The license fee shall not be apportioned or prorated for any period of less than a year. A license issued pursuant to this chapter shall be renewable, in the absence of revocation or grounds for revocation, during the thirty-day period prior to its expiration. The licensee may apply for renewal on a form prescribed by the chief 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 5.12.130 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. The amount of the license fee is found to be not more than the actual cost to the city of issuing a license under this chapter. Where an applicant is denied, one-half of the fee shall be refunded to the applicant.

(Prior code § 4151.18)

Licenses issued pursuant to this chapter shall be valid for one year from the date of issuance.

(Prior code § 4151.16)

No license issued under this chapter shall be transferable.

(Prior code § 4151.17)

If the chief of police or his/her designated representative finds that the issuance of a bingo game license is prohibited by the provisions of this chapter or Section 326.5 of the Penal Code or that the issuance will endanger or jeopardize the public peace, safety, health and general welfare, he/she shall decline to issue the license.

(Prior code § 4151.6)

(Ord. No. 3112, § 2, 2-25-20)

Within ten days after reaching a determination with reference to a license application, or suspension of a license, the chief of police shall give written notice of his/her decision to the applicant.

(Prior code § 4151.7)

(Ord. No. 3112, § 2, 2-25-20)

A. Any applicant aggrieved by the decision of the chief of police with reference to the issuance, conditional issuance or denial of a license shall have the right of appeal, within ten consecutive calendar days after the giving of written notice of the chief's action. The appeal shall be in writing, briefly stating therein the basis for the appeal, and shall be filed with the city manager. Upon receipt of the letter of appeal the city manager shall immediately set the matter for an informal hearing before him/her, or his/her authorized representative, and shall give the appealing party at least five consecutive calendar days' written notice of the time and place of the hearing.

B. At the time and place set for the hearing upon the appeal, the city manager shall give the appealing party and any other interested party a reasonable opportunity to be heard. In all such cases the burden of proof to show that the action of the chief of police was arbitrary, capricious or in excess of his/her authority shall be upon the appealing party. The determination of the city manager shall be final and conclusive.

(Prior code § 4151.8)

(Ord. No. 3112, § 2, 2-25-20)

A. The chief of police shall suspend any license issued under this chapter if he/she finds that the licensee or the licensee's agent and/or employees have been or are violating any conditions of approval imposed upon the license; or violating any provision of this code or other applicable law; or that the continued operations under the license would endanger, jeopardize or disrupt the public peace, safety, health or general welfare; or any other cause, as set forth in this chapter.

B. The determination of the chief with regard to matters of suspension shall be appealable to the city manager in the time and manner set forth in Section 5.12.130.

C. The chief, in the case of the suspension, shall serve the licensee with a written order of suspension, which shall state the reasons for the suspension. The order shall be effective immediately upon having been personally served, or forty-eight hours after it has been deposited in the course of transmission with the United States Postal Service, postage prepaid, properly addressed.

D. Immediately upon such an order becoming effective, the licensee shall cease all operations authorized under the license. Where an appeal is timely filed, no further operations shall be deemed authorized pursuant to the license until the appeal is finally determined.

E. The order of suspension shall be deemed a revocation of a license unless the licensee within ten consecutive calendar days after the order is personally served or is deposited in the course of transmission in the United States Postal Service, files an appeal from the order, in the manner prescribed in this chapter.

F. Where an appeal is taken, the city manager shall act upon it in the time and manner set forth in Section 5.12.130. The action of the city manager shall be final and conclusive.

G. Any organization whose license is finally revoked may not apply for a license to conduct bingo games in the city for a period of one year from the date of the revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 326.5 of the Penal Code, the organization may again apply for a license upon proof of reinstatement of the exemption.

(Prior code § 4151.9)

(Ord. No. 3112, § 2, 2-25-20)

A bingo game shall be operated and staffed only by members of the organization to which a permit is issued. The members shall not receive a profit, wage or salary from any bingo game. Only the organization to whom a permit is issued shall operate the games or participate in the promotion, supervision or any other phase of the game.

(Prior code § 4151.11)

Bingo games shall only be conducted between the hours of eleven a.m. to twelve midnight and for no more than four consecutive hours during the permitted times. Bingo shall not be conducted more than six times in any calendar month.

(Prior code § 4151.10)

The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game held.

(Ord. 2394 § 1, 1986; prior code § 4151.12)

All profits derived from a bingo game shall be kept in a special fund or account and shall not be combined with any other fund or account. The organization shall keep full and accurate records 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 chapter. The city by and through its authorized officers shall have the right to examine and audit the record at any reasonable time and the organization shall fully cooperate with the city in making the records available.

(Prior code § 4151.13)

No person shall consume or have in his/her possession at any location where a bingo game is being conducted any alcoholic beverage.

(Prior code § 4151.15)

(Ord. No. 3112, § 2, 2-25-20)

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

(Prior code § 4151.14)

The city may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this chapter.

(Prior code § 4151.19)