Williams Municipal Code Ch. 5.13 Bingo Games

Nonprofit charitable organizations are hereby authorized to conduct bingo games within the city of Williams if licensed so to do by the city of Williams, but subject to the restrictions and requirements imposed and exacted by this chapter and by Section 326.5 of the Penal Code of California.

(Ord. 08-84, 1984).

As used in this chapter "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.

(Ord. 08-84, 1984).

Only organizations which are exempt from the payment of the bank and corporation tax by Section 23701d of the California Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170 (c) (2) of the Internal Revenue Code of 1954 are eligible for a license to conduct bingo games.

(Ord. 08-84, 1984).

Eligible organizations desiring to obtain such a license to conduct bingo games within the city of Williams shall file an application with the Williams city clerk or city administrator on a form to be provided. All licenses must be approved and issued by the Williams city clerk. All licenses shall be issued yearly and shall expire on the 30th day of June immediately following the date of issuance.

(Ord. 08-84, 1984).

The application shall contain the following:

A. Name and nature of the applicant organization.

B. The particular property including the street number owned or leased by the applicant used by such 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 such place.

C. The name and signature of at least two officers including the presiding officer of the corporation.

D. Whether the premises used for bingo are leased or owned by the organization.

E. Proposed day of the week and hours of day for conducting of bingo games.

F. The applicant has read and agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code of 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 city administrator of the city of Williams and/or the city council of the city of Williams in the manner as hereinafter provided in the event of any violations of this chapter or of Section 326.5 of the Penal Code of California.

G. Name and signature of applicant. The applicant shall also submit, with its application, a certificate or determination of exemption under Section 23701d of the Revenue and Taxation Code, or a letter of good standing from the exemption division of the Franchise Tax Board of Sacramento, showing exemption under said section 23701d.

(Ord. 08-84, 1984).

The annual fee for the issuance of an original license or annual renewal thereof shall be that fee set and determined from time to time by resolution of the city council of the city of Williams which fee must be submitted with the application and is nonrefundable in the event the application for a license is denied. Such fee shall not be prorated in the event a license is issued which will cover a licensing period less than one year.

(Ord. 08-84, 1984).

Upon receipt of the completed application and license fee the city clerk or city administrator shall refer the application to the chief of police and fire chief for investigation, and shall himself investigate, whether or not all statements on the application are true and whether or not the property of the applicant qualifies as property on which bingo games may lawfully be conducted, as to fire, occupancy and other applicable restrictions.

(Ord. 08-84, 1984).

Any bingo license issued by the city clerk or city administrator shall contain the following:

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

B. Address of the property where bingo games are authorized to be conducted.

C. Day of the week and hours of the day the licensee tentatively plans to conduct bingo games.

D. Date of expiration of such license, to wit: the 30th day of June immediately following the date of issuance.

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

F. In addition to the license the licensee shall receive a copy of the Penal Code Section 326.5 and of this chapter.

(Ord. 08-84, 1984).

A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purpose for which the organization is organized or other location as approved. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application and in the license itself.

(Ord. 08-84, 1984).

A. A licensee may conduct games of bingo and the play thereof only one time in each weekly period. A weekly period is defined for the purposes of this chapter as being that period of seven consecutive days beginning with the day Tuesday and ending with the day Monday following such Tuesday. All bingo games and the play thereof permitted once to each licensee in each weekly period must be begun and concluded between the hours of eight a.m. on the day the games and the play thereof commence and two a.m. of the day immediately following the day on which the games and the play thereof began, must not exceed in duration the period of six consecutive hours and must be begun and concluded within the same weekly period as herein defined.

B. In the event the licensee desires to conduct a bingo game during a weekly period on a day of the week or during the hours of the day different than the day of the week or the hours shown on its license, it may do so, but shall notify the city administrator in writing not later than twenty-four hours before the beginning of such game of the changed day of the week and the changed hours of the day.

C. During the conduct of all bingo games and the play thereof, the licensee must post and display the license in a prominent place on the licensed premises open to observation by all persons present on the licensed premises.

D. No person shall receive a profit, wage or salary from any bingo game.

E. All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization licensee.

F. A bingo game shall be operated and staffed only by members of the nonprofit charitable organization which organized it. Such members shall not receive a profit, wage or salary from any bingo game. Only nonprofit charitable organization licensee authorized to conduct a bingo game shall operate such games, or participate in the promotion, supervision, or any other phase of such game.

G. No individual corporation, partnership, or other legal entity except the nonprofit charitable organization licensee authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game.

H. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.

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

(Ord. 08-84, 1984).

The conduct of bingo games in violation of this chapter, or in violation of any of the provisions, restrictions, requirements or limitations of Section 326.5 of the Penal Code of California, or under a license obtained by fraudulent misrepresentation constitutes grounds for revocation of such license.

Whenever the chief of police of the city of Williams has reasonable cause to believe that a bingo game is being conducted in violation of this chapter or in violation of Section 326.5 of the Penal Code of California, or under a license obtained by fraudulent misrepresentation, he shall promptly issue an order in writing directed to the licensee at the address shown in the application for the license requiring the licensee to appear before the city clerk or city administrator at a time and date certain at the City Hall to show cause why the license should not be revoked. The order to show cause shall specify in ordinary terms the grounds asserted by the investigation officer as the basis for possible revocation of the license and shall set a date for a hearing to be held no earlier than ten days nor later than twenty days after the date of issuance of the order. The order to show cause shall be deposited in the United States mail within two days after the date of its issuance addressed to the licensee at his address shown in the application, by registered mail, postage fully prepaid and shall be deemed served upon the licensee when so deposited in the United States mail. The hearing shall be conducted by the city clerk or city administrator or designated staff representative.

If the licensee fails to appear at the time and place set for the hearing in the order to show cause, without good cause shown for such failure, the city administrator or city clerk may issue his order revoking the license upon the same grounds as those grounds upon which the order to show cause was issued and the order of revocation shall be final as of the day it bears date and licensee shall forthwith surrender this license to the city administrator or city clerk. If the licensee appears at the time and place set for the hearing, he may present evidence to show why the license should not be revoked, which evidence need not be limited to that evidence which is admissible in a court of law. No later than ten days after the date of the hearing the city administrator or city clerk shall render his decision in writing either ordering that no revocation of the license shall be made, or, that the license is revoked and specifying the grounds for revocation. Such decision and order shall bear the date thereof and shall be served on the licensee by registered mail, postage fully prepaid, addressed to the licensee at the address shown in the application and deposited in the United States mail no later than three days after the date shown on the decision rendered by the city clerk or city administrator or designated staff representative. Service of the order and decision upon the licensee shall be deemed completed upon deposit of such decision and order in the United States mail as aforesaid.

(Ord. 08-84, 1984).

Any licensee dissatisfied by an order of revocation of his license made by the city clerk or city administrator or staff representative after a hearing on the order to show cause may appeal such order to the city council of the city of Williams by filing a notice of appeal and a request for hearing with the city clerk.

Such notice and request must be in writing and must be filed and actually received by the clerk within fifteen days after the date appearing on the order of revocation made by the city clerk or city administrator. Any notice and request not filed timely shall be of no legal effect or significance and shall not entitle the licensee to a hearing before the city council.

The notice and request filed with the clerk shall set forth in concise terms the following information:

A. Name and address of licensee;

B. Number and date of issuance of license;

C. Date or order of revocation of license by city clerk or city administrator;

D. Grounds or basis for order of revocation of license; to which notice and request there shall be attached as part thereof a full, true and correct copy of the order made by the city clerk or city administrator revoking such license. The fee for such filing shall be fixed from time to time by resolution of the city council.

The city council shall set the matter for hearing which hearing shall be held no later than thirty days after receipt by the clerk of the notice of appeal and request for hearing. Written notice of the time and date of the hearing before the city council shall be given to the licensee by depositing such notice in the United States mail, postage fully prepaid in advance, addressed to the licensee at the address shown in the notice of appeal and request for hearing which notice shall be so deposited in the United States mail at least twenty days before the date set for the hearing. Service of such notice of hearing upon licensee is deemed complete and effective upon the timely deposit of such notice in the United States mail.

(Ord. 08-84, 1984).

At the time set for the hearing, the city council shall proceed to conduct an evidentiary hearing de novo as if no previous hearing has been held. The investigating officer shall present his evidence in support of the order of revocation theretofore made. Thereafter the licensee shall present its evidence in support of the retention of its license. Evidence produced before the council shall not be limited to that evidence which would be admissible in a court of law, but shall be limited to such evidence as is relevant and material to those grounds upon the basis of which the order of revocation was previously made. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The council shall act solely on the basis of the evidence properly admitted into the record of proceedings. All testimony shall be taken under oath or affirmation and each witness shall be subject to the cross-examination of the opposing party. Any party to such hearing who wishes the proceedings to be reported by a stenographic reporter shall make all arrangements necessary for the production of such reporter at the hearing and shall pay the cost thereof.

At the conclusion of the presentation of evidence by the parties, the city council shall render its decision upon the basis of its announced findings of fact, either setting aside the revocation order previously made or affirming such revocation order and ordering the immediate surrender of the license by the licensee to the city clerk. The license shall be deemed revoked and of no further legal force or effect immediately upon the rendition by the city council of its order affirming the order of revocation previously made.

In the event the licensee fails, without good cause shown therefor, to appear before the city council at the time and place set for the hearing, the city council shall make its order affirming the order of revocation and thereupon the license shall cease to be of any further legal force, effect, significance or validity and shall be forthwith surrendered by the licensee to the city clerk.

(Ord. 08-84, 1984).

An order of revocation of a license shall be effective as follows:

A. In those cases in which the licensee fails to respond and appear before the city clerk or city administrator at the time and place set in the order to show cause without good cause shown for such failure, any order of revocation then made shall be immediately effective and the license so ordered revoked shall thereupon cease to be of any further legal force, effect, significance or validity and shall be forthwith surrendered by the licensee to the city clerk.

B. An order of revocation made after a hearing upon an order to show cause shall be effective on that day immediately following the last day upon which the licensee could have filed with the city clerk its notice of appeal to the city council and request for hearing and failed to do so, and thereupon such license shall cease to be of any further legal force, effect, significance or validity and shall be forthwith surrendered by the licensee to the city clerk.

(Ord. 08-84, 1984).

Any licensee whose license is revoked may not again apply for a license to conduct bingo games for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701d of the Revenue Taxation Code, such licensee may again apply for the license upon proof of reinstatement of said exemption.

(Ord. 08-84, 1984).

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

(Ord. 08-84, 1984).

It is a misdemeanor for any person, organization, corporation or association to conduct a bingo game without a valid effective license issued by the city of Williams or to conduct a bingo game in violation of any of the provisions and requirements of this chapter or of Section 326.5 of the Penal Code of California and upon conviction such person, organization, corporation or association shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

(Ord. 08-84, 1984).

It is hereby declared to be the intention of the Williams city council that sections, paragraphs, sentences, clauses and phrases of this ordinance and of the chapter of the code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance and of the chapter of the code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance or of the chapter of the code hereby adopted.

(Ord. 08-84, 1984).

This ordinance shall take effect thirty days after its final passage.

(Ord. 08-84, 1984).