§ 5-24.07. Summary suspensions of permits pending opportunities for hearings: Misdemeanors to continue after suspension: Revocation.

(a)

Whenever it appears to the Chief of Police that the permittee is conducting a bingo game in violation of any provision of this chapter, the Chief of Police shall have the authority to summarily suspend the permit and order the permittee to cease and desist any further operation of any bingo game. Concurrent with such order of suspension the Chief of Police shall serve upon the permittee or his/her agent at the organization's office or post office address, a statement of the reasons for the suspension.

(b)

The order issued under subsection (a) of this section shall also notify the permittee that it shall have five (5) working days after the date of such order to request a hearing before the City Manager to determine whether such permit shall be revoked. Failure to request, in writing, such hearing before the City Manager within such five (5) working day period shall cause such suspension to operate as a revocation of the permit.

(c)

Any person who continues to conduct a bingo game beyond seven (7) calendar days after any summary suspension thereof under subsection (a) of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed Five Hundred and no/100ths ($500.00) Dollars, or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment, unless a hearing is requested pursuant to subsection (b) hereinabove, in which case the suspension order shall be stayed until the City Manager renders a decision. The decision of the City Manager shall be appealable to the City Council, if the appeal is filed within ten (10) calendar days of the rendering of the City Manager's decision. The filing of any such appeal, however, shall not stay any order issued by the City Manager.

(d)

Upon a timely request by a permittee whose permit has been suspended under subsection (a) of this section for a hearing to determine whether such permit shall be revoked, the City Manager shall provide such hearing within ten (10) working days after the receipt of such request at which hearing the suspended permittee may appear before the City Manager for the purpose of presenting evidence why the permit should not be revoked. No permit shall be revoked under this section unless notice of the time and place of such City Manager hearing shall have been given at least (5) working days before the hearing thereof by depositing in the United States mail a notice directed to such suspended permittee at the address given in the application.

(e)

Any organization whose permit is revoked under this section shall not conduct any bingo game in the City unless the Council, on appeal, overrules the decision of the City Manager.

(§ 1, Ord. 786, eff. January 7, 1993)