§ 4-1.1028. Notice of Temporary Suspension and Appeal.

(a)

The holder of a bingo license shall be given prompt notice of suspension of said license and shall immediately desist from conducting or operating any bingo games. Service of notice of temporary suspension shall also constitute a notice of proposed revocation of the license. The temporary suspension shall be effective no sooner than twenty-four (24) hours following the time and date of personal service of the notice thereof. The licensee shall be notified that it shall have ten (10) days from the date of such order of temporary suspension to request in writing a hearing before the Police Chief to determine whether its license, should be revoked. If the licensee fails to request in writing such hearing before the Police Chief within the period prescribed, the Police Chief shall revoke the license.

(b)

Upon timely request for an appeal by the licensee, the Police Chief shall provide an appeal hearing within fifteen (15) days after receipt of written request from the licensee. Notice of the time and place of such hearing shall be given to the licensee by depositing said notice in the United States mail at least ten (10) days before the hearing to the address in the bingo application.

(c)

If the license is revoked, written notice shall be given to the licensee within twenty-five (25) days of the close of the hearing. Notice of revocation shall be given by United States mail. The licensee will be presumed to have received said notice within five (5) days after mailing.

(d)

Any person who conducts a bingo game after a temporary suspension of its license or after revocation of its license is guilty of a misdemeanor.

(e)

Bingo licensees who have discontinued conducting bingo games and have not followed the administrative regulations set forth in the Modesto Police Department Bingo Handbook, the Modesto Municipal Code Title 4, Chapter 1, shall be denied a subsequent license to conduct bingo games for two (2) years from the last day of bingo game operations.

(f)

Any organization whose license is revoked may not apply for a license to conduct bingo games in the City of Modesto for a period of two (2) years from the date of such revocation. However, if the ground for revocation is cancellation of the exemption granted under the Revenue and Taxation Code, said bingo organization may again apply for a bingo license upon proof of reinstatement of said exemption.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)