Authorized Definitions.

Transcription

1 Chapter 5.04 BINGO Sections: Authorized Definitions License--Required License--Application License--Term and fee License--Application investigation License--Not transferable License--Application denial, suspension and/or revocation Appeal--Procedure Appeal--To be filed with clerk Appeal--Hearing to be scheduled Appeal--Decision of hearing officer Property on which game may be conducted Minors prohibited Games to be open to public Operators and staff to be members of authorized organizations Financial interest limitations Profits Participants to be physically present at games Value of prizes Hours of operation Inspection of game Action to enjoin violation Authorized. Notwithstanding any other provisions of county, state or federal law, this chapter is adopted pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions in the following sections of this chapter. (Ord. 454 Sec.1, Definitions. Whenever in this chapter the following terms are used, they shall have the meaning respectively ascribed to them in this section: A. "Authorized organization" means organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, of the

2 Revenue and Taxation Code. Senior citizens' organizations and mobile home park associations are also authorized organizations. B. "Bingo" is 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. C. "Minor" is any person under the age of eighteen years. (Ord. 469 Sec.B(45), 1977; Ord. 453 Sec.2, License--Required. It is unlawful for any person to conduct any bingo games in the county unless such person is a member of an authorized organization acting on behalf of such authorized organization and has been issued a license as provided by this chapter. (Ord. 469 Sec.B(46)(part), 1977; Ord. 453 Sec.3, License--Application. Application for license shall be made to the sheriff on forms prescribed by the sheriff, and shall be filed not less than ten (10) days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at least the following: A. A list of all member who will operate the bingo game, including full names of each member, date of birth, place of birth, physical description and driver's license number; B. The date(s) and place(s) of the proposed bingo game or games; C. Proof that the organization is an authorized organization as defined by Section A this chapter. (Ord. 469 Sec.B(46)(part), 1977; Ord. 453 Sec.4, License--Term and fee. A. The term of a bingo license is six (6) months and may be renewed for a period of six (6) months any time within one (1) year from its date of issuance, upon application therefor. B. The fee for a bingo license shall be five dollars ($5.00). The fee for renewal shall be two dollars ($2.00). The appropriate fee shall accompany the submission of each application, is nonrefundable and shall be used to defray the cost of the issuance of the license. (Ord. 453 Sec.5, License--Application investigation. A. Upon receipt of an application for a license, the sheriff may send copies of such application to any office or department which the sheriff deems essential in order to carry out a proper investigation of the applicant. B. The sheriff and every officer and/or department to which an application is referred shall investigate the truth of the

3 matters set forth in the application, the character of the applicant, and may examine the premises to be used for the bingo game. C. Upon approval of any application for a bingo license, the sheriff shall issue the license. (Ord. 453 Sec.6, License--Not transferable. Each license issued under this chapter shall be issued to an authorized organization to conduct a bingo game at a specific location and shall in no event be transferable from one person to another nor from one location to another. (Ord. 469 Sec.B(46)(part), 1977; Ord. 453 Sec.7, License--Application denial, suspension and/or revocation. A. The sheriff may deny an application for a bingo license, or suspend or revoke a license if he finds the applicant or licensee or any agent or representative thereof has: 1. Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this chapter; or 2. Violated any of the provisions of this chapter. B. If after investigation the sheriff determines that a bingo license shall be suspended or revoked or an application for such license denied, he shall prepare a notice of suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant's last address provided in the application or be personally delivered. Any person who has had an application for a bingo license denied by the sheriff may appeal the sheriff's decision in the manner provided in this chapter. (Ord. 453 Sec.10, Appeal--Procedure. Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in Sections through (Ord. 543 Sec.11(part), Appeal--To be filed with clerk. Within fifteen (15) calendar days after the date of any denial, suspension, revocation or other decision of the sheriff, an aggrieved party may appeal such action by filing with the clerk of the board of supervisors a written appeal briefly setting forth the reasons why such denial, suspension, revocation or other decision is not proper. (Ord. 453 Sec.11(a),

4 Appeal--Hearing to be scheduled. Upon receipt of such written appeal, the clerk of the board of supervisors shall assign the appeal to a hearing officer selected by the clerk on a rotating basis from a list of qualified hearing officers approved by the board of supervisors. The hearing officer so assigned shall schedule a hearing before him within ten (10) days after the date of assignment of the appeal by the clerk. At least one (1) week prior to the date of the hearing on the appeal, the clerk shall notify the appellant and sheriff of the date and place of the hearing. The hearing officer is authorized to issue subpoenas, to administer oaths and to conduct the hearing on the appeal. At such hearing the sheriff and the appellant may present evidence relevant to the denial, suspension, revocation or other decision of the sheriff. The hearing officer shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to such hearing. (Ord. 453 Sec.11(b), Appeal--Decision of hearing officer. At the conclusion of the hearing, the hearing officer may uphold the denial, suspension, revocation or other decision of the sheriff, or the hearing officer may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other sheriff's decision which is the subject of the appeal. The hearing officer shall within five (5) days file with the clerk of the board of supervisors written findings of fact and conclusions of law and his decision. The decision of the hearing officer is final. (Ord. 453 Sec.11(c), Property on which game may be conducted. Any organization authorized to conduct bingo games pursuant to this chapter 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 purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (Ord. 469 Sec.(47), 1977; Ord. 453 Sec.8(part), Minors prohibited. No minors shall be allowed to participate in any bingo game. (Ord. 453 Sec.8(a), 1953).

5 Games to be open to public. All bingo games shall be open to the public, not just to the members of the authorized organization. (Ord. 469 Sec.B(46) (part), 1977; Ord. 453 Sec.8(b), Operators and staff to be members of authorized organizations. A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall be approved by the sheriff and shall not receive a profit, wage or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. (Ord. 469 Sec.B(46)(part), 1977; Ord. 453 Sec.8(c), Financial interest limitations. No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game. (Ord. 453 Sec.8(d), Profits. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows: A. Such proceeds may be used for prizes; B. A portion of such proceeds, not to exceed ten percent (10%) of the proceeds after the deduction for prizes, or five hundred dollars per month ($500.00), whichever is less, may be used for rental of property, overhead, and administrative expenses. (Ord. 469 Sec.B(48), 1977: Ord. 453 Sec.8(e), Participants to be physically present at games. 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. (Ord. 453 Sec.8(f),

6 Value of prizes. The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held. (Ord. 453 Sec.8(g), Hours of operation. No bingo game shall be conducted between the hours of midnight and eight a.m. (Ord. 453 Sec.8(h), Inspection of game. Any peace officer of the county shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game. (Ord. 453 Sec.9, Action to enjoin violation. The county may bring an action to enjoin a violation of this chapter or a violation of Section of the California Penal Code. (Ord. 469 Sec.B(44), 1977; Ord. 453 Sec.15,