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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B3-95. Action by the Zoning Administrator.

(a) At the public hearing, the Zoning Administrator shall consider the recommendations of the Sheriff and the County officials investigating the license pursuant to Section B3-94(a), all records, papers, files and any other relevant evidence, and whether the use complies with the County Zoning Ordinance and all other applicable laws, regulations and ordinances. The Zoning Administrator shall either continue the hearing, hold the matter under advisement, or render a decision granting or denying the license.

(b) The Zoning Administrator may refuse to issue a bingo license or grant a renewal thereof, after consideration of the application, the recommendations of the Sheriff and the County officials investigating the license pursuant to Section B3-94(a) and any other relevant papers, records and files, on any of the following grounds:

(1) The bingo game or associated activity would be injurious to the public health, safety or welfare; or

(2) The proposed mode of operation of the bingo games is not in compliance with the requirements of this chapter or any other law, regulation or ordinance; or

(3) The organization applying for the license or renewal or any officer or member thereof has previously violated the provisions of this chapter or any similar ordinance, law, rule or regulation of the County or other public agency that regulates the operation of bingo games; or

(4) The applicant knowingly made a material misstatement of fact in the license or renewal application.

(c) The Zoning Administrator shall deny a license or renewal application if a potential fire hazard or threat to public safety exists at the premises where the bingo games are proposed to be conducted.

(d) If the license or renewal is approved, the Zoning Administrator may include such restrictions and conditions in the license as are reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter, including without limitation, the frequency of bingo games, hours of operation, days of the week upon which bingo games may be held, maximum number of participants and parking requirements. In no event shall the Zoning Administrator permit an organization to conduct bingo games on more than two days per site in any seven-day period.

(e) Upon approval or denial of a bingo license or renewal thereof, the Zoning Administrator shall prepare and forward to the applicant a written notice of decision and a statement of any conditions attached to the license. A copy of the notice shall be sent to the Sheriff and the County officials investigating the application pursuant to Section B3-94(a). The Zoning Administrator's decision shall not become final until the 15-calendar-day period in which an appeal may be made to the Board of Supervisors has elapsed without an appeal having been filed.

(Ord. No. NS-502.7, § 2, 9-14-04)

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