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a. Whenever it appears that the licensee;

1. Has made a false statement on the license application;

2. Is conducting a remote caller bingo game in violation of any of the provisions of this section; or

3. Is violating any of the provisions of Penal Code Section 326.5 or other applicable State law, rule or regulation, the Chief of Police shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any remote caller bingo game.

b. Any person who continues to conduct a remote caller bingo game after any summary suspension thereof under paragraph a. shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, except as otherwise provided by this section, be subject to a fine not exceeding five hundred ($500.00) dollars, or imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

c. The order of summary suspension issued under paragraph a. shall also notify the licensee that it shall have five (5) days from the date of such order to file a written request for a hearing before the City Manager to determine whether such license shall be revoked or reinstated. Failure to file a request for such hearing within the prescribed five-day period shall result in a revocation of the license.

d. Where a licensee, whose license has been suspended under paragraph a. timely requests a hearing to determine whether such license shall be revoked, the City Manager or designee shall provide such hearing within ten (10) days after receipt of the written request for the hearing. Written notice of the time and place of such hearing shall be mailed via certified mail or personally delivered to the licensee, at the address given in the application, at least five (5) days in advance of the hearing. The written notice of hearing shall also set forth a summary of the ground advanced as the basis for the suspension. At the hearing, the suspended licensee or authorized representative, may present evidence and a written or oral argument why the license should not be revoked.

e. If the City Manager determines the license should be revoked, written notice of the revocation and the basis therefor shall be provided to the licensee.

f. Any organization whose license is revoked under this section shall not conduct any remote caller bingo game in the City until such time as the City Council, on appeal, determines to overrule the decision of the City Manager. If no appeal is requested, the decision of the City Manager shall be final. (Ord. #2011-152; Ord. #2012-153)