Loading...
Ord 1327 - ADDING ARTICLE IV TO CHAPTER 4 OF THE TOWN CODE ALLOWING BINGO GAMES FOR THE BENEFIT OF CHARITABLE ORGANIZATIONSORDINANCE NO. 132 ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE IV TO CHAPTER 4 OF THE TOWN CODE ALLOWING BINGO GAMES FOR THE BENEFIT OF CHARITABLE ORGANIZATIONS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN: SECTION 1. Article IV is added to Chapter 4 of the Town Code of the Town of Los Gatos to read: ARTICLE IV. BINGO SEC. 4 -50 ORG EL FOR PERMIT TO CONDUC BINGO GAME 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 and corporation tax by section 23701d of the 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, may, if issued a permit under the provisions of this chapter, conduct bingo games in the Town. SEC. 4 -51. APPLICATIONS. Applications for a permit to conduct bingo games shall be made on a form provided by, and shall be filed with, the Chief of Police. SEC. 4 - 52 . ISSUANCE AND TERM OF PERMITS. The issuing authority is the Chief of Police. Permits expire one year from the date of issuance. ®1 Al � m SEC. 4 -53 APPLICANT MUST BE QUALIFIED. No permit shall be issued unless the applicant is eligible under the provisions of section 4 -50 and its application conforms to the requirements, terms and conditions of this Article. qRr _ 4- ,4 _ rnNTmRNTrP.S' nv 7 PTPT,TC' arPTnT\T 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 applicant is an eligible organization under specified parts of Revenue and Taxation Code section 23701d and Internal Revenue Code section 170(c)(2). (2) The name and address of all officers of the applicant, and the signature of an officer duly authorized to make the application. (3) The particular property, including the street number, owned or leased by the applicant and used by the applicant for an office or for performance of the purposes 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 proposed for conduct of 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 -2- exist or be amended from time to time, and that the permit to conduct bingo games may be revoked by the Police Chief upon violation of any of such provisions, or any violation of any statute or ordinance when the violation is related to the conduct of bingo games, concerning public safety or welfare, the use of land or buildings, or moral turpitude. (6) The applicant shall 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 in Sacramento, showing exemption under section 23701d. (7) The names and addresses of all persons who will conduct bingo games or who will have custody of the records of the conduct of and money received from bingo games. (8) The application shall be signed by the applicant under penalty of perjury. SEC. 4 -55. FEE An annual application fee fixed by the Town Council by resolution shall accompany the application. S EC. 4 -56 INVESTIGATION When a completed application is filed and payment of the fee is made, the Chief of Police shall refer the application to interested departments of the Town, including but not limited to, the Town Clerk, Town Manager_, Town Attorney, Planning Department and Building -3- Department, for investigation as to whether the statements in the application are true and whether the property the applicant proposes as a location for bingo games qualifies as property on which bingo games may lawfully be conducted. The Chief of Police may make such additional investigation as he determines is appropriate. Only when he is satisfied that the applicant is qualified under the law to conduct bingo games in the Town shall the Chief of Police issue a permit to the applicant, which shall show: (1) The name and nature of the organization to whom the license is issued. (2) The address where bingo games are authorized to be conducted. (3) The occupancy capacity of the room in which bingo games are to be conducted. (4) The date of the expiration of the permit. (5) Such other information as may be necessary or desirable for the enforcement of the provisions of this Article. SEC. 4 -57 . SUMMARY SUSPENSION OF LICENSE PENDING OPPORTUNITY FOR HEA RING -- MISDEMEANOR TO CONTINUE AFTER SUSPENSION- - REVOCATION (a) Whenever it appears to the Chief of Police that a permittee is conducting a bingo game in violation of any of the provisions of this Article the Chief of Police has authority to suspend summarily the permit and to order the permittee to cease and desist immediately conducting bingo games. (b) Any person who continues to conduct a bingo game after notification of a summary suspension of a permit under the provisions of subsection (a) is guilty of a misdemeanor. IMM (c) The order issued under subsection (a) shall also inform the permittee that it has five days from the date of knowledge of the order to request, in writing, a hearing to determine whether the permit will be revoked. Failure to deliver a written request for such hearing before the Chief of Police within the five day period results in revocation of the permit. (d) Within ten days of receipt of a proper request for a hearing by a permittee whose license has been suspended, the Chief of Police shall conduct a hearing of the issue of whether the permit should be revoked. The suspended permittee may appear before the Chief of Police for the purpose of presenting evidence why the license should not be revoked. No permit shall be revoked under this section unless notice of the time and place of the hearing is given at least five days before the hearing by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis for the suspension and revocation. At the hearing proof of facts in support of suspension and revocation action shall be made before the permittee is required to respond. (e) Any permittee whose permit is revoked shall not conduct any bingo game unless and until the Town Council, on appeal, determines to overrule the decision of the Chief of Police. SEC. 4 -58. REVOCATION OF LICENSE-- ALTERNATIVE PROCEDURE (a) Whenever it appears to - the Chief of Police that a permittee is conducting bingo games in violation of any of the provisions of this Article or that the permit was obtained by any false representation, -5- the permit may be revoked. No summary suspension is necessary, but notification that revocation is under consideration, and of the right to a hearing, and when requested, an opportunity to appeal are required in the same manner as in situations where there is an order of suspension. (b) Any organization whose license is revoked under this section shall not conduct any bingo game in the Town unless and until such time as the Town Council, on appeal, determines to overrule the decision of the Chief of Police. SE C. 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 appellant 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) Permittee whose permit is finally revoked may not again apply for a license to conduct bingo gam.es in the Town for a period of one year from the date of revocation, except if the sole ground for revocation is cancellation of the exemption granted under well section 23701d of the Revenue and Taxation Code or loss of charitable status under section 170(c)(2) of the Internal Revenue Code of 1954, - the former permittee may apply for anew permit upon reinstatement of its exemption and resumption of its charitable status. SEC. 4 -60. DE FINITION OF "BINGO ". "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 of symbols selected at random. S EC. 4 -61 MAXIMUM AM OUNT OF PRIZE. The total value of prizes awarded during the conduct of any bingo games shall not exceed $250 in cash or kind, or both, for each separate game which is held. SEC. 4 -62 PROFITS TO BE KEPT IN SEPA FUND OR ACCOUNT All profits derived from bingo games shall be kept in a special fund or account and shall not be commingled with any other fund or account. The permittee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games. The Town has - the right to examine and audit such record at any reasonable time and - the permittee shall fully cooperate with the Town by making such record and supporting data available. SEC. 4 -63. FIN INTERES IN PERMITT ON LY. No person except the permittee shall hold a, financial interest in the conduct of a bingo game. -7- SE C. 4 -64 E XCLUSIVE OP ERATION BY P ERMITTEE . A bingo game shall be operated and staffed only by members of the permittee organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the permittee shall operate such game, or participate in the promotion, supervision or any other phase of such game. SEC. 4 -65. BINGO GAMES OPEN TO PUBLIC. All bingo games shall be open to the public, not just to the members of the permittee organization. SEC. 4 -66. A TTEN DA NCE LIMITED TO OCCUPANCY C Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Building Official in accordance with applicable laws and regulations. Permittee shall not reserve seats or space for any person. SEC. 4 -67. BINGO GAMES CONDUC O NLY ON LICENSEE'S PROPERTY. A permittee shall conduct bingo games 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. The permit shall expressly authorize the permittee 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 and as a place for performance of the purposes for which the permittee is organized, the permit shall terminate. A new permit may be obtained by an eligible organization, upon application under 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. SEC. 4 - 68. MINORS NO TO PARTICIP No person under the age of eighteen years of age shall be allowed to participate in any bingo game. SE 4 - 69. INTOXICATED PERSO N OT TO PA RTICIPATE. No person who is obviously intoxicated shall be allowed to participate in a bingo game. SEC 4 - 70. HOURS OF OPERATION. No permittee shall conduct any bingo game more than six hours out of any twenty -four hour period. No bingo game shall be conducted before 10 a.m. nor after 12 midnight. SEC 4 - 7 1. PARTICIPANT MUST BE PRESENT. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place where the bingo game is being conducted. S EC. 4 - 72. R ECEIPT OF P_R_O_F_I_T BY A PE RSON A MI UNDER ® � STATE LAW It is a misdemeanor under section 326.5(b) of the Penal Code for any person to receive a profit, wage, or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the Town of Los Gatos. S EC. 4.73 TOWN MAY EN VIOL ATION. The Town of Los Gatos may bring an action in a court of =0 competent jurisdiction to enjoin a violation of section 326.5 of the Penal Code or of this Article. SEC 4.74 SEV ERABILITY. If any section, subsection or portion of this Article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Article. The Town Council hereby declares that it would have adopted this chapter and each section, subsection or portion thereof, irrespective of the fact that any one or more sections, subsections or portion be declared invalid or unconstitutional. SECTION 2. This Ordinance shall take effect and shall be in force thirty (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 fifteen (15) days after 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 July ^, 1976. PASSED AND ADOPTED as an Ordinance of the Town of Los Gatos, California, at a reguIat meeting of the Town Council, -10- held on the vote: AYES NOES: .ABSENT: 19th day of July , 1976, by the following COUNCIL MEMBERS: Mark_ B. DiDuca Mardi Gualtieri, John Bo Lochner, Albert Bo Smith and Ruth Cannon COUNCIL MEMBERS: COUNCIL MEMBERS: SIGNED: ATTEST: CLE OF HT O OF_ OS . GATOS None None r Z OF THE TOWN OF LOS GATOS --11®