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Ord 1411 - AMENDING THE TOWN CODE CONCERNING THE CONDUCT OF BINGO GAMESORDINANCE NO_ 1411 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE CONCERNING THE CONDUCT OF BINGO GAMES THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4 -50 of the Town Code of the Town of Los Gatos is amended to read: SEC. 4 -50: ORGANIZATIONS ELIGIBLE FOR PERMIT TO CONDUCT BINGO GAMES Those organizations which may be authorized under the terms of Penal Code Section 326.5(a) to conduct bingo games are authorized to conduct bingo games in the Town. SECTION 2. Section 4 -54 of the Town Code of the Town of Los Gatos is amended to read: SEC. 4 -54. CONTENTS OF APPLICATION The application for a bingo permit shall show: (1) The name of the applicant, a statement of the purpose for which the applicant is organized and that the organ- ization is an authorized organization under a provision of Penal Code Section 326.5(a) specified in the application. (2) The name and address of all officers of the applicant, and the signature of an officer duly authorized to make the application. (3) A description of the particular property, including the street number, owned or leased by the applicant, . a and used by the applicant for an office or for performance of the purpose for which the applicant is organized, where bingo games are proposed to-be conducted, and the occupancy capacity of the building or portion of a building proposed to be used for bingo games. (4) The days of the week and hours of the day pro- posed for bingo games. (5) An agreement by the applicant to conduct bingo games in strict accordance with the provisions of section 326.5 of the Penal Code and this article, as they may then exist or be amended from time to time, and an acknowledgement that the permit to conduct bingo games may be revoked by the police chief upon violation of any of such provisions, or any viola- tion of any statute or ordinance when the violation is related to the conduct of bingo games, concerning public safety or wel- fare, the use of the land or buildings, or moral turpitude. (6) If the organization's claim of authorization is based on tax exempt status, a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing that the exemption has been granted as provided by one of the code sections specified in Penal Code Section 326.5(a). (7) The names and addresses of all persons who will conduct bingo games and of all persons who will have possession of the records of the conduct of bingo games or of any money received from bingo games. (8) The application shall be signed by the applicant under penalty of perjury. -2- SECTION 3. Section 4 -59 of the Town Code of the Town of Los Gatos is amended to read: SEC. 4 -59. APPEAL OF REVOCATION TO TOWN COUNCIL (a) A permittee whose permit is revoked has the right, within ten days after receiving notice in writing of the revocation, to file a written notice of appeal to the town council. The notice 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 days after proper filing of the notice, or at a time thereafter agreed upon by the town and the appellant, and shall give the appellant at least ten days written notice of the hearing. At the hearing the appel- lant or its authorized representative shall have the right to present evidence and a written or oral argument, or both in support of his appeal. The determination of the town council shall be final. (b) A former permittee whose permit is revoked may not again apply for a permit to conduct bingo games in the town for a. period of one year from the date of revocation, except when the sole ground for revocation is cancellation of the tax exemption granted under the provisions of one of the code sections listed in Penal Code section 326.5, the former permittee may apply for a new permit upon reinstatement and resumption of its tax exempt status. SECTION 4. Section 4 -62 of the Town Code of the Town of Los Gatos is amended to read: ME SEC. 4 -62. PROFITS TO BE KEPT IN SEPARATE FUND OR ACCOUNT All profits derived from bingo games shall be kept in a special fund or account, shall not be commingled with any other money or account, and shall be used only for chari- table purposes. The permittee shall keep for a minimum of three years full and accurate records of the income and expenses of its operation, conduct, promotion, supervision and any other phase of bingo games. The Town has the right to examine and audit such records at any reasonable time and the permittee shall fully cooperate with the Town by making such records and supporting data available. SECTION 5. Section 4 -67 of the Town Code of the Town of Los Gatos is amended to rea,de SEC. 4 -67. BINGO GAMES CONDUCTED ONLY ON LICENSEE'S PROPERTY A permittee shall conduct bingo games only on pro- perty owned or leased by it, which property is used by such organization for an office or for performance of the purpose for which the organization is organized. However, the property so owned or leased need not be exclusively used or leased by the permittee. The permit shall expressly authorize the per- mittee to conduct bingo games only on such property, at the address stated in the application. In the event the specified property ceases to be used as an office or as a place for per- formance of the purposes for which the permittee is organized the permit shall terminate. A new permit may be sought by an eligible organization on application made under the provisions of this article, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. SECTION 6. This Ordinance takes effect 30 days after the date of its adoption. The Town Clerk of the Town of Los Gatos shall cause this Ordinance to be published once within 15 days after the date of its adoption, in the Los Gatos Times - Saratoga Observer, a newspaper of general circulation, published and circulated in the Town of Los Gatos. The above and foregoing Ordinance was duly and regularly introduced at a regular meeting of the Town Council of the Town of Los Gatos held on the __6th day of November , 1978. PASSED AND ADOPTED as an Ordinance of the Town of Los Gatos, California, at a, regular held on the 20th day of vote: meeting of the Town Council, 1978, by the following November AYES COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, John B. Lochner, Peter W. Siemens and Mardi Gualtieri NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: ATTEST: C� cy/j 4 '�2 CLERK OF TH O O L S GATOS -5- R OF THE TOWN OF LOS GATOS