§ 5A.12. Summary suspension of license  


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  • (a) Whenever it appears to the chief of police that the licensee:

    (1) Made a false statement on the license application; or

    (2) Is conducting a bingo game in violation of any of the provisions of this chapter; or

    (3) Is violating any of the provisions of Penal Code Section 326.5 or other applicable state or law 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 bingo game.

    (b) Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (a) shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

    (c) The order issued under subsection (a) shall also notify the licensee that it shall have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the chief of police, within such five-day period shall result in a revocation of the license.

    (d) Upon such request by the licensee, whose license has been suspended under subsection (a) for a hearing to determine whether such license shall be revoked, the city shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the chief of police for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.

    (e) Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the chief of police.

(Ord. No. 1535, § 3(Exh. A), 11-1-2011)