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.
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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
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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.
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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
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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~
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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...