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Ordinance 1977-35ORDINANCE NO. 77-35 AN ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER 5A OF THE GILROY CITY CODE RELATING TO BINGO. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I: Chapter 5A of the Gilroy City Code is enacted to read as follows: CHAPTER 5A BINGO § 5A.1, § 5A.2. § 5A.3. § 5A.4. § 5A.5. § 5A.6. § 5A.7. § 5A.8. § 5A.9. Authority. Organizations permitted to conduct Bingo games. Applications. Issuance and, term of permits. Applicant must be qualified. Contents of application. ' Fee. · Investigation. Summary suspension of license pending opportunity for hearing--misdemeanor to continue after sus- pension--revocation. § 5A.10. Revocation of license--alternative procedure. § 5A.11. Appeal. of revocation to City Council. § 5A.12. Attendance limited to occupancy capacity. § 5A.13. Intoxicated persons not to participate. § 5A.14. Hours of operation. -1- ORDINANCE NO. 77-35 Sec. 5A.1 Authority. Pursuant to the authority provided in section 19(c) of Article IV of the California State Constitution and Section 326.5 of the Penal Code, the Council of the City of Gilroy establishes the following requirements for the conduct of Bingo games by non-profit organizations in the City. Sec. 5A.2. ~r~anizations permitted to conduct Bingo games. No person, organization or other legal entity shall be permitted to conduct Bingo games in the City unless such persons, organizations or other legal entities possess a valid certificate or letter from the Franchise Tax Board evidencing that they are exempted from the payment of the bank and corporation tax by sections 23701-a, 23701-b, 23701-d, 23701-e, 23701-f, 23701-g or 23701-1 of the Revenue and Taxation Code or is a mobile home park association or senior citizens organization; provided that the proceeds of such games are used only for charitable purposes, and provided that the organization possesses a valid permit and license issued pursuant to the provisions of this chapter. Sec. 5A.3. Applications. Applications for a permit to 'conduct bingo game~ shall be made on a form provided by, and shall be filed with, the Chief of Police. Sec. 5A.4. Issuance and term of permits. The issuing authority is the Chief of Police. expire one year from the date of issuance. Permits Sec. 5A.5. Applicant must b~ qualified. No permit shall be issued unless the applicant is eligible under the provisions of section 5A.2 and its application con- forms to the requirements, terms and conditions of this Chapter~ Sec. 5A.6. 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 applicant is an eligible organization under specified parts of Revenue and Taxation Code. (2) The name and address of all officers of the appli- cant, 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 -2- ORDINANCE NO. 77-35 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) 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 Chapter, as they now exist or may 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 pro- visions, 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~ (5) Where applicable, the applicant shall submit with its application a Certificate or Determination of Exemption under the Revenue and Taxation Code or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing such exemption. (6) The names and addresses of all persons who will con- duct bingo games or who will have custody of the records of the conduct of and money received from bingo games. (7) The application shall be signed by the applicant under penalty of perjury. Sec. 5A.7. Fee. An annual application fee fixed by the City Council by resolution shall accompany the application. Sec. 5A.8. Investigation. When a completed application is filed and payment of the fee'is made, the Chief of Police shall refer the application to other City departments, including but not limited to, the Fire Department and Building 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 City 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. ORDINANCE NO. 77-35 (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 Chapter. Sec. 5A.9. Summary suspension of license pending opportunity for hearing--misdemea---n~r to continue after sus,- pension--revocation. (a) Whenever it appears to the Chief of Police or his designee that a permittee is conducting a bingo game in violation of any of the provisions of this Chapter, the Chief of Police or his designee 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 pro- visions of subsection (a) is guilty of a misdemeanor. (c) The order issued under subsection (a) shall also inform thepermittee 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 heating by depositing in the United States mail a notice directed to said suspended licensee at the address given in the appli- cation. 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 con- duct any bingo game unless and until the City Council, on appeal, determines to overrule the decision of the Chief of Police. Sec. 5A.10. 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 Chapter or that the permit was obtained by any false representation, the permit may be revoked. No s~ary 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 where there is an order of suspension. -4- ORDINANCE NO. 77-35 (b) Any organization whose license is revoked under this section shall not conduct any bingo game in the City unless and until such time as the City Council, on appeal, determines to overrule the decision of the Chief of Police. Sec. 5A.11. Appeal of revocation ~.o City 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 City Council. The notice shall set forth the specific ground or grounds on which it is based. The City 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 City 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 City Council shall be final. (b) Permittee whose permit is finally revoked may not again apply for a license'to conduct bingo games in the City for a period of one year from the date of revocation. Sec. 5A.12. Attendance limited to occupancy capacity. 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. Permitee shall not reserve seats or space for any person. Sec. 5A.13. Intoxicated persons not ~.~ participate. No person who is obviously intoxicated shall be allowed to participate in a bingo game. Sec. 5A.14. Hours of operation. No bingo game shall be conducted between the hours of 2 a.m. and 8 a.m. SECTION II. Ail other ordinances and parts of ordinances in con- flict herewith are hereby repealed. SECTION III: This ordinance shall take effect and be in full ORDINAi~CE NO. 77-35 -5- force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 7th day of November, 1977, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: CHILDERS, ItUGHAN, LINK, STOUT and GOODRICIt COUNCILMEMBERS: NONE COUNCILMEMBERS: CUNNINGHAM and PATE APPROVED: ATTES~ / Ci~f~ -6- ORDINANCE NO. 77-35 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 77-35 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of November .... , 19 7~ , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 10th day of November xl~i-ty Clerk-of the City (sea I ) .., 19 77...