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It shall be a ground for denial, revocation or other disciplinary action of any applicant, licensee, the agent or employee, or any person connected or associated with the applicant or licensee as partner, director, officers, stockholder, general manager or person exercising managerial authority of or on behalf of the licensee if such organization or person has:
A. Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed with the city; or
B. Violated any provision of this chapter or of any statute relating to the permitted activity, including Sections 326.4 and 326.5 of the California Penal Code; or
C. Been convicted of a felony or any crime involving moral turpitude; or
D. Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting permitted bingo games; or
E. Violated any rule or regulation adopted by the city council relating to the licensed bingo games; or
F. Conducted the permitted bingo games in a manner contrary to the peace, health, safety and general welfare of the public; or
G. Failed to comply with zoning and building and safety regulations of the city, the health department, the police chief and applicable local and state fire regulations. (Ord. 445 § 1, 2024; Ord. 304 § 5, 2010; Ord. 117 § 9, 1993)
If any applicant, licensee, the agent or employee, or any person connected or associated with the applicant or licensee as partner, director, officer, stockholder, general manager or person who is exercising managerial authority on behalf of the licensee is convicted in any court of the violation of any law regulating any activity at the licensee's business premises, the council may revoke such license forthwith without any further action thereon other than giving notice of revocation to the licensee. (Ord. 445 § 1, 2024; Ord. 117 § 10, 1993)
An applicant or licensee may, within ten (10) days after service of a written notice of denial of a license or suspension or revocation of his license, file a request for a hearing with the city manager or their designated hearing officer. The request for a hearing shall be in writing and signed by or on behalf of the applicant or licensee. It need not be verified or follow any particular form. Failure to file such a request for a hearing shall constitute a waiver of the licensee's right to a hearing and may result in a revocation of the permit. At the hearing, the burden shall be upon the applicant to show that the action appealed from is unreasonable, arbitrary, or in excess of jurisdiction. The appellant shall be entitled to representation by counsel and to present testimony through other witnesses. The action of the city manager or their designee shall be final. (Ord. 445 § 1, 2024; Ord. 117 § 11, 1993)
Continuing Operation of Bingo Games. Pending the final determination of a proceeding for revocation or suspension of a license, a licensee may continue to operate bingo games for the period of his license or until the city manager or their designee makes such final determination.
(Ord. 445 § 1, 2024; Ord. 117 § 12, 1993)
A. A bingo game, including a remote caller bingo game, shall be conducted only on nonresidential property owned or leased by the qualified organization, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purpose for which the organization is organized.
B. Except for the operation of a remote caller bingo game, the bingo game shall be operated and staffed only by members of the qualified organization that organized the game.
C. Such members of the qualified organization shall not receive a profit, wage or salary from any bingo game. Only the qualified organization that is licensed to conduct the bingo game shall receive any proceeds from the operation of the game.
D. No bingo game may be conducted between the hours of 11:00 p.m. and 6:00 a.m. or may last more than five (5) hours in any twenty-four (24) hour period.
E. The number of bingo sessions may not exceed ten (10) such sessions in any calendar month, except that a licensee may hold one additional game, at its election, in each calendar quarter.
F. Attendance at any bingo game is limited to the occupancy capacity as determined by the city's fire department or the building and planning department. (Ord. 445 § 1, 2024; Ord. 304 § 6, 2010; Ord. 117 § 13, 1993)
No individual, corporation, partnership, nor other person or legal entity except the qualified organization licensed to conduct a bingo game shall hold a financial interest in the conduct of the bingo game. However, this shall not preclude the employment of security personnel who are not members of the licensed organization at such game by the organization conducting the game. (Ord. 445 § 1, 2024; Ord. 117 § 16, 1993)
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