A. The application for a license for the conduct of bingo games, whether traditional or remote caller, shall be upon a form prescribed by the town, and shall be accompanied by written evidence of the exemption of the organization from the payment of the bank and corporation tax by applicable state law and payment of the license fee as set by resolution of the town council, which shall not exceed the maximum amount permitted pursuant to Penal Code section 326.5(l)(1). The following documentation shall be attached to the application, as applicable:
1. A certificate issued by the franchise tax board certifying that the applicant is exempt from the payment of the taxes imposed under the corporation tax law pursuant to section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue And Taxation Code. In lieu of a certificate issued by the franchise tax board, the sheriff's captain may refer to the franchise tax board's internet website to verify that the applicant is exempt from the payment of the taxes imposed under the corporation tax law.
2. Other evidence as the sheriff's captain determines is necessary to verify that the applicant is a duly organized mobilehome park association of a mobilehome park situated in the town.
The license shall not be issued until the sheriff's captain has verified the facts stated in the application and determined that the applicant is qualified.
B. A license issued pursuant to this section shall be valid for one year, at which time the license shall expire. A new license shall only be obtained upon filing a new application and payment of the license fee. The fact that a license has been issued to an applicant creates no vested right on the part of the licensee to continue to offer bingo for play. The town of Yucca Valley expressly reserves the right to amend or repeal this section at any time by ordinance or resolution. If this chapter is repealed, all licenses issued pursuant to this section shall cease to be effective for any purpose on the effective date of the repealing ordinance or resolution.
C. Upon receipt of the completed application and the fee, the town clerk shall refer the application to interested departments of the town, including, but not limited to, the town manager, town attorney, planning department and the sheriff's department, for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies, and the extent to which it qualifies, as property on which bingo games may lawfully be conducted.
D. For traditional bingo only, upon receipt of an application, or whenever there is a change of officers of the organization or in the position of game manager, the sheriff's captain shall make an investigation regarding the character and moral fitness of applicants, the cost of which investigation shall be borne in whole or in part by the applicants in an amount set by resolution of the town council. This investigation shall include the obtaining of criminal history statements, through fingerprints, for all officers/board members and game manager(s) associated with the day to day operation of the game. The cost of this check shall be borne by the applicant as provided in Penal Code section 326.5(l)(2). The purpose of this investigation is to determine those persons who have been convicted of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude. If any person investigated does in fact have a criminal record, or presents any cause for concern related to the community's public health, peace, safety, or welfare, such person shall be notified in writing and the license suspended until such person is removed from the application or does not participate in bingo operations. Such person shall not, at any time in the future, be permitted to participate in any way in any bingo operation licensed under this chapter. Any person objecting to the sheriff's captain's determination pursuant to this subsection may appeal to the town manager or designee provided he or she files a notice of appeal with the town clerk within ten (10) days of the captain's determination.
E. Upon initial application, yearly renewals and change in organizational officers/board members or game managers, the sheriff's department shall meet with organizations holding bingo licenses to review existing laws and town ordinances regulating bingo operations and to answer questions that may arise.
F. Licenses are not transferable, and there are no rebates if the bingo operation licensed under this chapter is discontinued during the period for which the license was issued. (Ord. 234, 3-20-2012)