© Copyrighted. Municipal Code Corp., affiliated Municipality. 1995.
Chapter 6 AMUSEMENTS AND ENTERTAINMENTS*
*Cross reference(s)Businesses, ch. 18; games and athletic contests in parks restricted, § 42-16; picnics and special events in parks, § 42-18.
Article I. In General
Secs. 6-16-25. Reserved.
Article II. Bingo
Sec. 6-26. Purpose.
Sec. 6-27. Definitions.
Sec. 6-28. Violation an infraction; penalty.
Sec. 6-29. Bingo permitted.
Sec. 6-30. License application.
Sec. 6-31. Permit application fee and content of application.
Sec. 6-32. Consent to investigation.
Sec. 6-33. Denial of license.
Sec. 6-34. Appeal.
Sec. 6-35. Issuance of license.
Sec. 6-36. Posting of license.
Sec. 6-37. Conditions of operation.
Sec. 6-38. Records.
Sec. 6-39. Changes in conditions.
Sec. 6-40. License nontransferable.
Sec. 6-41. Suspension or revocation.
Sec. 6-42. Renewal.
Sec. 6-43. Special fund required.
Sec. 6-44. Permit fees.
Sec. 6-45. Operational hours.
Secs. 6-466-65. Reserved.
Article III. Public Dances, Dancehalls and Cabarets
Sec. 6-66. Findings of fact.
Sec. 6-67. Definitions.
Sec. 6-68. Violation; penalty.
Sec. 6-69. License required; fee; application; exemptions.
Sec. 6-70. Appeals.
Sec. 6-71. Sanitation; ventilation; lighting.
Sec. 6-72. Hours of operation.
Sec. 6-73. Persons under influence of intoxicating liquor or controlled substance prohibited.
Sec. 6-74. Liquor and controlled substance violations.
Sec. 6-75. Congregation upon stairways and at entrances or exits prohibited.
Sec. 6-76. Disorderly conduct.
Sec. 6-77. Attendance of security officers.
Sec. 6-78. Revocation of licenses.
Secs. 6-796-100. Reserved.
Article IV. Parades, Athletic Events and Special Events
Sec. 6-101. Purpose and intent.
Sec. 6-102. Definitions.
Sec. 6-103. Prohibited acts.
Sec. 6-104. Permit required.
Sec. 6-105. Application procedure.
Sec. 6-106. Contents of application form.
Sec. 6-107. Action on application.
Sec. 6-108. Grounds for denial of application for special event permit; imposition of conditions.
Sec. 6-109. Permit conditions.
Sec. 6-110. Permit issuance.
Sec. 6-111. Appeal procedure.
Sec. 6-112. Indemnification agreement.
Sec. 6-113. Insurance.
Sec. 6-114. Cleanup deposits for certain special events.
ARTICLE I. IN GENERAL
Secs. 6-16-25. Reserved.
ARTICLE II. BINGO*
*Cross reference(s)Businesses, ch. 18.
Sec. 6-26. Purpose.
It is the purpose of this article to authorize the playing of the game of chance generally known as ``bingo'' subject to and pursuant to the restrictions contained in article IV, section 19c of the constitution of the state and Penal Code § 326.5. Definitions, conditions and restrictions set forth in this article are intended to comply with and implement the constitutional and Penal Code provisions. To the extent that any provision of this article is substantially the same as that contained in Penal Code § 326.5 and violation thereof be deemed a violation of the Penal Code and punishable thereunder, such provisions of this article shall be deemed explanatory only.
(Code 1960, § 2A.1)
Sec. 6-27. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bingo means 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. This definition is contained in Penal Code § 326.5 and precludes any form of slot games.
Church means any organized religious group of any denomination with an organized governing body, ministry, membership and a fixed place of worship at which regular meetings of religious services are held.
Finance director means the director of finance of the city.
Tax-exempt organization means any organization exempted from the payment of bank or corporation taxes by Revenue and Taxation Code §§ 23701b, fraternal beneficiary societies, orders or organizations, 23701d, religious, charitable, scientific, literary, educational and humanitarian corporations, 23701f, civic leagues, social welfare and employees' organizations, or 237011, domestic fraternal societies, orders or associations, and any labor organization exempted from the payment of bank or corporation taxes by Revenue and Taxation Code § 23701a and by mobile home park associations and senior citizens organizations.
(Code 1960, § 2A.2)
Cross reference(s)Definitions and rules of construction generally, § 1-2.
Sec. 6-28. Violation an infraction; penalty.
Violation of any provision of this article is an infraction punishable by a fine of not more than $10,000.00, which fine shall be deposited in the city's general fund.
(Code 1960, § 2A.18)
Sec. 6-29. Bingo permitted.
A tax-exempt organization having in effect a license therefor from the finance director pursuant to the provisions of this article may conduct a bingo game for charitable purposes subject to all conditions and restrictions contained in Penal Code § 326.5 and this article.
(Code 1960, § 2A.3)
Sec. 6-30. License application.
A tax-exempt organization may apply to the finance director for a license to conduct a bingo game. The application shall be upon forms provided therefor by the finance director or in writing containing all the information called for in section 6-31 and satisfactory to the finance director and shall be accompanied by a nonreturnable fee as may be determined from time to time by the city council and established by resolution thereof. If the applicant is a church, it shall provide proof to the satisfaction of the finance director that it comes within the definition of a church. If the applicant is other than a church, it shall accompany the application with a certificate or letter from the state franchise tax board stating that the applicant is exempt from the payment of the bank and franchise tax and from the Internal Revenue Service stating that it is a charitable organization to which a gift would be a charitable contribution under section 170(c)(2) of the Internal Revenue Code of 1954.
(Code 1960, § 2A.4)
Sec. 6-31. Permit application fee and content of application.
(a) No person or organization shall conduct a bingo game without first obtaining a permit from the finance director.
(b) Written application for a permit required by this article shall be made by affidavit under penalty of perjury and filed with the finance director. The application shall be on a form provided therefor by the finance director and shall be accompanied by the currently required fee, one-half of which must be returned if the permit is denied. The application shall contain the following:
(1)The name of the organization together with the names, signatures and addresses of all the officers of the organization and that the applicant is an eligible organization pursuant to the provisions of this article.
(2)The address of the premises where the bingo game is proposed to be conducted.
(3)A statement of the ownership or lessor and lessee of the premises.
(4)Principal purpose for which the premises are used by the organization together with the length of time for which the premises have been so used.
(5)Name and address of the person responsible for the operation of the bingo game and those persons assisting therein. Such person responsible shall be held accountable for all bingo activities, including monetary.
(6)Days and hours of proposed operation of bingo games.
(7)If the person responsible for the bingo activities has been convicted of any felony within five years of the date of application.
(8)Attached copies of certificates or letter evidencing exempt status under Revenue and Taxation Code § 23701a, b, e, f, g, or l and section 170(c)(2) of the Internal Revenue Code of 1954, received from the Franchise Tax Board and the Internal Revenue Service.
(9)Statement of consent for chief of police to inspect any bank accounts containing profits derived from bingo games.
(10)Such further information as may be requested by the finance director.
(c) Notwithstanding any other provision of this article, the city manager may authorize an existing bingo licensee to operate a bingo game at the Sanger Grape Bowl Festival in addition to its regular bingo game.
(d) The application shall be signed by the principal officer of the applicant under penalty of perjury.
(Code 1960, § 2A.5; Ord. No. 896, § 6(14), 10-7-93)
Sec. 6-32. Consent to investigation.
The filing of an application for a license under this article shall be deemed a consent by the applicant for the chief of police to make an investigation to determine if all the statements on the application are true and to investigate the officers of the applicant and the person who will be responsible for the operation of the bingo game and those persons assisting therein as to any criminal record which they may have and to disclose the same to the finance director and the city council upon an appropriate hearing. The application shall also be deemed consent for the health officer, the fire official and the planning and inspection department of the city to inspect such premises and report thereon of any violations of law or other conditions which might endanger the public health, safety and well being.
(Code 1960, § 2A.6)
Sec. 6-33. Denial of license.
(a) If the chief of police, health officer, director of planning and inspection or fire official recommends against the issuance of a license under this article, the finance director shall refuse to issue such license.
(b) No license shall be issued to any applicant when the person responsible, noted in section 6-31, has been convicted of a felony under the laws of the state or any other state or federal law of the United States within five years of the date of application.
(c) The finance director may refuse to issue a permit if, after consideration of the application and any other papers, records, and files the finance director deems relevant, it is determined that the operation of a bingo game would be injurious to the health, safety and morals of the people of the city or that the permit application or proposed mode of operation of the bingo game is not in compliance with the provisions of this article.
(Code 1960, § 2A.7)
Sec. 6-34. Appeal.
If the finance director refuses to issue a license under this article or attaches conditions thereto recommended by the chief of police, the health officer, director of planning and inspection or fire official, the applicant may, within ten days after the notice is given of such refusal or such conditions, appeal the same to the city council, who shall hold a hearing thereon and whose decision shall be final. The city council may attach additional conditions to the license found by it to be necessary to protect the public health, safety and well being.
(Code 1960, § 2A.8)
Sec. 6-35. Issuance of license.
If the finance director does not receive a recommendation against the issuance of the license under this article or does not exercise his power to deny the license under subsection 6-33, he shall issue the same for a period of not more than one year subject to renewal on July 1 in accordance with section 6-42, which license shall contain the following information:
(1)No minors shall be allowed to participate in any bingo game.
(2)All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization.
(3)No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.
(4)The total value of prizes awarded for any bingo game shall not exceed the amounts permitted under Penal Code § 326.5.
(5)Attendance at any bingo game shall be limited to the occupancy capacity of the room as set forth in the license.
(6)No licensee shall issue chips or money to a patron on credit or a loan, including but not limited to IOUs and checks to be held, nor shall patrons be allowed to play on credit.
(7)No person who is obviously intoxicated shall be allowed to participate in a bingo game.
(8)Any condition attached to the license.
(9)Conduct of any bingo game after the license therefor has expired or during any period which it is suspended.
(10)The permittee shall conduct a bingo game only on property owned or leased by it 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 purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the property owned or leased by or whose use is donated to the organization be used or leased exclusively by or donated exclusively to such organization.
(11)Any bingo game shall be operated and staffed only by members of the permittee. Such members shall not receive a profit, wage, or salary from any bingo game. Only the permittee shall operate such game or participate in the promotion, advertising, supervision, or other phase of the game; and no wage, salary or other payment may be made on account thereof from funds received from such games. This section does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the game.
(Code 1960, § 2A.9)
Sec. 6-36. Posting of license.
A licensee under this article shall keep the license posted in a conspicuous place within the room in which bingo is being played during the conduct of any such game. The licensee shall produce and exhibit the same whenever requested to do so by any peace officer, health officer, director of planning and inspection or fire official.
(Code 1960, § 2A.10)
Sec. 6-37. Conditions of operation.
It shall be unlawful for any bingo game to be operated in violation of any of the following conditions:
(1)No minors shall be allowed to participate in any bingo game.
(2)All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization.
(3)No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.
(4)The total value of prizes awarded for any bingo game shall not exceed the amounts permitted under Penal Code § 326.5.
(5)Attendance at any bingo game shall be limited to the occupancy capacity of the room as set forth in the license.
(6)No licensee shall issue chips or money to a patron on credit or a loan, including but not limited to IOUs and checks to be held, nor shall patrons be allowed to play on credit.
(7)No person who is obviously intoxicated shall be allowed to participate in a bingo game.
(8)Any condition attached to the license.
(9)The licensee shall post and keep posted in a conspicuous place within the room in which bingo is being played the rules and regulations of such game.
(10)Conduct of any bingo game after the license therefor has expired or during any period which it is suspended.
(Code 1960, § 2A.11)
Sec. 6-38. Records.
Each licensee conducting a bingo game shall maintain detailed records of all profits, expenditures, prizes and other expenses relating to the operation of the bingo game. Such records shall be retained for a period of three years and as long thereafter as may be required by any state or federal laws. Such records, including related bank accounts, shall be open for inspection at any time by the chief of police, finance director of the city or any state or federal official in the performance of his duties. The licensee shall file a yearly report under the penalty of perjury with the finance director containing the following information:
(1)Any changes in or additions to the information required in the application.
(2)The total amount of money received from the operation of bingo games during the previous year and all interest earned on deposits from such bingo games.
(3)The total amount paid out in prizes and a list of all prize winners receiving a prize of a cash value or market value exceeding $10.00.
(4)Detailed costs to the permittee of the operation of the bingo games.
(5)All disbursements from the fund.
(Code 1960, § 2A.12)
Sec. 6-39. Changes in conditions.
Any change during the license period in the organization of the licensee, its principal officers or the condition of the premises shall be immediately reported to the finance director, who shall refer such changes to the appropriate official, who shall make an investigation thereof; and if he deems appropriate, recommend the suspension and revocation of the license or the imposition of additional conditions thereto, which suspension, revocation or additional conditions shall be appealable to the city council as in the instance of an original application.
(Code 1960, § 2A.13)
Sec. 6-40. License nontransferable.
Any license granted under this article shall not be transferable either as to the licensee or the location. Any attempt to transfer shall render the license invalid.
(Code 1960, § 2A.14)
Sec. 6-41. Suspension or revocation.
Any license issued under this article shall be immediately suspended by the finance director upon the recommendation of either the chief of police, the health officer, the director of planning and inspection or the fire official, which recommendation must be based upon either violation of this article by the licensee or the discovery of some condition which would have caused a recommendation to have been made against the issuance of the license. Such suspension shall result in the automatic revocation of the license 15 days after the notice thereof, unless within ten days after the receipt of such notice the licensee appeals the suspension and revocation to the city council. Upon such appeal, the city council shall hold a public hearing thereon and its decision shall be final. The suspension shall remain in effect pending decision by the city council.
(Code 1960, § 2A.15)
Sec. 6-42. Renewal.
A licensee desiring to continue the conducting of a bingo game shall at least 30 days before the expiration of the license make application to the finance director for a renewal. The application for renewal shall be accompanied by the fee, proofs and be processed in all respects as an original application. In addition, such application shall be accompanied by a signed statement including:
(1)The previous annual total gross receipts from the bingo activities.
(2)The previous annual total paid in cash prizes and value paid in merchandise prizes.
(3)A detailed expense statement for previous annual bingo activities.
(4)A detailed statement for previous annual net disbursements.
(5)Any additional information deemed necessary by the finance director.
(Code 1960, § 2A.16)
Sec. 6-43. Special fund required.
(a) With respect to organizations exempt from payment of bank or corporation taxes by Revenue and Taxation Code § 23701d, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this article, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows: