Windsor Municipal Code Art. 1 General

Labor, agricultural, or horticultural organizations exempted by Section 23701a of the Revenue and Taxation Code, and fraternal beneficiary societies operating under the lodge system, which provide for the payment of life, sick and other benefits, exempted by Section 23701(b) of the Revenue and Taxation Code, and corporations, community chests, or trusts organized and operated exclusively for religious, charitable scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, exempted from the payment of the bank or corporation tax by Section 23701(d) of the Revenue and Taxation Code, and nonprofit business leagues, chambers of commerce, real estate boards, or boards of trade exempted by Section 23701(c) of the Revenue and Taxation Code, and civic leagues operated exclusively for promotion of social welfare, or local organizations of employees, the earnings of which are exclusively for charitable, educational, or recreational purposes, exempted by Section 23701(f) of the Revenue and Taxation Code, and clubs operated exclusively for pleasure, recreation, or other nonprofitable purposes exempted by Section 23701(g) of the Revenue and Taxation Code, and fraternal societies operating under the lodge system, which do not provide for the payment of life, sick or other benefits, the earnings of which are exclusively for religious, charitable, scientific, literary, educational and fraternal purposes, exempted by Section 23701(1) of the Revenue and Taxation Code, and mobile home park associations and senior citizens organizations are eligible to apply to the Town for a permit to conduct bingo games in the Town under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter.

Eligible organizations desiring to obtain such permit to conduct bingo games in the Town of Windsor shall file an application in writing therefor in the office of the Chief of Police on a form to be provided. The issuing authority shall be the Chief of Police. The permit issued shall be for a term of one (1) year from the date of issuance, subject to annual renewal and a fee established by resolution of the Town Council.

No fee shall be required of any organization stating in its application that it will conduct bingo games solely for recreational and not for fund-raising purposes. As used in this section, "recreational" means proceeds from the bingo games are used solely for bingo game prizes and to cover incidental expenses of conducting the bingo games. "Fund-raising" means any part of the proceeds of the bingo games are used by the organization for purposes other than bingo game prizes and incidental expenses of conducting the bingo games.

No permit shall be issued to any organization unless the applicant is an eligible organization under Section 3-12-100 and its application conforms to the requirements, terms and conditions of Sections 3-12-105 and 3-12-315.

The said application for a permit shall contain the following:

a. The name of the applicant organization and a statement that applicant is an eligible organization under Section 3-12-100.

b. The name and signature of at least two (2) officers, including the presiding officer of the organization.

c. The particular property within the Town of Windsor, 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 bingo games will be conducted.

d. The name and signature and title of the appropriate Town department head if bingo games are to be conducted in Town facilities.

e. Proposed days of week and hours of day for conduct of bingo games.

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 article as they may be amended, and agrees that the permit to conduct bingo games may be revoked by the Chief of Police upon violation of any of such provisions.

g. The application shall be signed by the applicant under penalty of perjury.

h. An annual permit fee established by resolution of the Town Council shall accompany the application. If an application for a permit is denied, one-half (½) of any fee paid shall be refunded.

i. The applicant shall also submit, as applicable, a certificate of determination of exemption under Sections 23701 (a), (b), (d), (e), (f), (g), or (l), of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing exemption under the sections. If an applicant applies as a mobile home park association or senior citizens organization, the Chief of Police shall determine whether the organization possesses that status.

j. Upon the change of any of the information required in this section, an amendment to the application must be sent to the Chief of Police.

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the Town, the Chief of Police shall issue a permit to the applicant which shall contain the following information:

a. The name and nature of the organization to whom the permit is issued.

b. The address where bingo games are authorized to be conducted.

c. The date of the expiration of such permit.

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

The permit shall be posted in a conspicuous place at the site of the bingo games.

a. Whenever it appears to the Chief of Police that the permit holder is conducting a bingo game in violation of any of the provisions of this article, the Chief of Police shall have the authority to summarily suspend the permit and order the permit holder to immediately cease and desist any further operation of any bingo game. A written order of summary suspension shall promptly be sent to the permit holder.

b. Any person who continues to conduct a bingo game after any summary suspension thereof under paragraph a. shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding five hundred ($500.00) dollars or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

c. The written order issued under paragraph a. shall notify the permit holder that it shall have ten (10) days from the date of such order to request a hearing before the Chief of Police to determine whether such permit shall be revoked. Failure to request, in writing such hearing within the ten (10) day period shall result in a revocation of the license.

d. Upon such request by the permit holder, whose permit has been suspended under paragraph a, for a hearing to determine whether such permit shall be revoked, the Chief of Police shall provide a hearing within twenty (20) days after receipt of such request at which hearing the suspended permit holder may appear before the Chief of Police for the purpose of presenting evidence why the permit should not be revoked. No permit shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to the suspended permit holder at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.

e. Any organization whose permit is revoked under this section shall not conduct any bingo games in the Town until such time as the Town Council, on appeal, determines to overrule the decision of the Chief of Police.

a. Whenever it appears to the Chief of Police that the permit holder is conducting bingo games in violation of any of the provisions of this article, or that the permit was obtained by fraudulent representation, and no summary suspension is ordered under Section 3-12-135, the permit may be revoked; provided, however, that prior to such revocation the permit holder must be given an opportunity to appear before the Chief of Police at the time fixed by the Chief of Police for the purpose of presenting evidence why the permit should not be revoked. Written notice must be given at least five (5) days before such hearing by depositing in the United States mail a notice directed to the permit holder at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.

b. Any organization whose permit is revoked under this section shall not conduct any bingo game in the Town until such time as the Town Council, on appeal, determines to overrule the decision of the Chief of Police.

a. Any holder of a permit whose permit is revoked under this article shall have the right, within ten (10) days after receiving notice in writing of the revocation, to file a written appeal to the Town Council. Such appeal shall set forth the specific ground or grounds on which it is based. The Town Council shall hold a hearing on the appeal within thirty (30) days after its receipt by the Council, or at a time thereafter agreed upon and shall cause the appellant to be given at least ten (10) days written notice of such hearing. At the hearing, the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of its appeal. The determination of the Town Council on the appeal shall be final.

b. Any organization whose permit is finally revoked may not again apply for a permit to conduct bingo games in the Town of Windsor for a period of one (1) year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under the Revenue and Taxation Code, such organization may again apply for a permit upon proof of reinstatement of the exemption.

As used in this section:

Bingo shall mean 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.