Title 5 BUSINESS LICENSES AND REGULATIONS--WEIGHTS AND MEASURES*
Chapter 5.17 LICENSE FOR BINGO GAMES
5.17.010 Bingo authorized.
5.17.020 Definitions.
5.17.030 License required.
5.17.040 Application.
5.17.050 Term of license and fees.
5.17.060 Application investigation.
5.17.070 License not transferable.
5.17.080 Limitations.
5.17.090 Inspection.
5.17.100 Application denial, license suspension and/or revocation of license.
5.17.110 Hearing on denial, suspension and/or revocation of license.
5.17.120 Appeal procedure.
5.17.130 Violations and penalties.
5.17.140 Severability.
5.17.010 Bingo authorized.
Notwithstanding any other provisions of this chapter, the ordinance
codified in this chapter is adopted pursuant to Section 19 of Article IV of the
California Constitution in order to make the game of bingo lawful under the
terms and conditions in the following sections of this chapter. (Ord. 424
§ 1(part), 1977).
5.17.020 Definitions.
Whenever in this chapter the following terms are used, they shall have the
meanings respectively ascribed to them in this
section:
A. “Bingo” is a game of chance in which prizes are
awarded on the basis of designated numbers or symbols on a card which conform to
numbers or symbols selected at random.
B. “Nonprofit, charitable
organization” is an organization exempted from the payment of the bank and
corporation tax by Section 23701(d) 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.
C. “Minor” is
any person under the age of eighteen years. (Ord. 424 § 1(part),
1977).
5.17.030 License required.
It is unlawful for any person to conduct any bingo games in the
unincorporated area of Madera County unless such person is a member of a
nonprofit charitable organization acting on behalf of such nonprofit, charitable
organization and has been issued a license as provided by this chapter. (Ord.
424 § 1(part), 1977).
5.17.040 Application.
Application for license shall be made to the sheriff on forms prescribed
by the sheriff, and shall be filed not less than ten days prior to the proposed
date of the bingo game or games. Such application form shall require from the
applicant at least the following:
A. A list of the officers of the
nonprofit, charitable organization;
B. The date(s) and place(s) of the
proposed bingo game or games;
C. Proof that the organization is a nonprofit,
charitable organization as defined by this chapter. (Ord. 424 § 1(part),
1977).
5.17.050 Term of license and fees.
The term of a bingo license is one year and may be renewed for a period of
one year any time within one year from its date of issuance, upon application
therefor.
The fee for a bingo license shall be ten dollars. The fee for
renewal shall be ten dollars. The appropriate fee shall accompany the submission
of each application, is nonrefundable and shall be used to defray the cost of
the issuance of the license. (Ord. 424 § l(part), 1977).
5.17.060 Application investigation.
Upon receipt of an application for a license, the sheriff may send copies
of such application to any office or department which the sheriff deems
essential in order to carry out a proper investigation of the applicant.
The
sheriff and every officer and/or department to which an application is referred
shall investigate the truth of the matters set forth in the application, the
character of the applicant, and may examine the premises to be used for the
bingo game.
Upon approval of any application for a bingo license, the
sheriff may issue the license. (Ord. 424 § l(part), 1977).
5.17.070 License not transferable.
Each license issued hereunder shall be issued to a specific person on
behalf of a specific nonprofit, charitable organization to conduct a bingo game
or games at a specific location and shall in no event be transferable from one
person to another nor from one location to another. (Ord. 424 § l(part),
1977).
5.17.080 Limitations.
A. A nonprofit, charitable organization shall conduct a bingo game only on
property both owned or leased by it, and which property is used by such
organization for an office or for the performance of the purposes for which the
organization is organized.
B. No minors shall be allowed to participate in
any bingo game.
C. A bingo game shall be operated and staffed only by
members of the nonprofit, charitable organization which organized it. Such
members may be approved by the sheriff and shall not receive a profit, wage or
salary from any bingo game. Only the organization authorized to conduct a bingo
game shall operate such game or participate in the promotion, supervision or any
other phase of such game.
D. No individual, corporation, partnership, or
other legal entity except the organization authorized to conduct a game shall
hold a financial interest in the conduct of such bingo game.
E. No person
shall be allowed to participate in a bingo game unless the person is physically
present at the time and place at which the bingo game is being
conducted.
F. No bingo game shall be conducted between the hours of midnight
and eight a.m. (Ord. 424 § l(part), 1977).
5.17.090 Inspection.
Any peace officer of the county shall have free access to any bingo game
licensed under this chapter. The licensee shall have the bingo license available
for inspection at all times during any bingo game. (Ord. 424 § l(part),
1977).
5.17.100 Application denial, license suspension and/or revocation of license.
The sheriff may deny the application, suspend the license, or revoke the
license for cause. (Ord. 424 § l(part), 1977).
5.17.110 Hearing on denial, suspension and/or revocation of license.
Prior to the suspending of any such licensee, or the revocation thereof,
the sheriff shall give notice, in writing, to any officer of the nonprofit,
charitable organization of the time and place for a hearing and giving the
grounds for such suspension or revocation. Upon the conclusion of the hearing
and the presentation of evidence, the sheriff may order the license suspended or
revoked. (Ord. 424 § l(part), 1977).
5.17.120 Appeal procedure.
Upon the denial of an application, the suspension of the license, or the
revocation of a license, the nonprofit, charitable organization affected by such
adverse decision may appeal such decision in writing, to the board of
supervisors of Madera County, within ten days of the making of such decision.
(Ord. 424 § l(part), 1977).
5.17.130 Violations and penalties.
A. It is unlawful for any person to receive a profit, wage or salary from
any bingo game authorized by this chapter.
B. Any person violating any of
the provisions or failing to comply with any of the requirements of this chapter
shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punishable by a fine not to exceed five hundred dollars or by imprisonment in
the county jail for a period of not more than six months or by both such fine
and imprisonment.
C. The county reserves the right to enforce any of the
provisions of this chapter by any appropriate civil action necessary to enforce
compliance. All sanctions provided herein shall be cumulative and not exclusive.
(Ord. 424 § l(part), 1977).
5.17.140 Severability.
If any provision, clause, sentence, or paragraph of this chapter or the
application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other provisions or applications of the
provisions of this chapter which can be given effect without the invalid
provision or application, and to this end, the provisions of this chapter are
severable. (Ord. 424 § l(part), 1977).
<< previous | next >>