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.
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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
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R OF THE TOWN OF LOS GATOS