Chapter 5.08 BINGO

Pursuant to the authority provided in Section 19(c) of Article IV of the California State Constitution and Section 326.5 of the Penal Code, the county established the following requirements for the conduct of bingo games by nonprofit charitable organizations in the unincorporated areas of the county. (Ord. 485 § 1, 1988)

5.08.020 Definitions.

As used in this chapter:

A. “Bingo” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.

B. “Session” means any one period between noon and midnight when bingo games are conducted. (Ord. 485 § 2, 1988)

5.08.030 Organizations eligible to conduct games.

No person, organization or other legal entity shall be permitted to conduct bingo games in the unincorporated area of the county unless such person, organization or other legal entity:

A. Is exempt from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g or 23701(1) of the Revenue and Taxation Code, or is a mobile home park association or a senior citizens organization; and

B. The receipts of such games are used only for charitable purposes; and

C. The person, organization or other legal entity possesses a valid permit and license issued pursuant to the provisions of this chapter. (Ord. 485 § 3, 1988)

5.08.040 Provisions supplement state law.

The provisions of this chapter are not intended to conflict with, but shall supplement all laws of the state of California relating to lotteries, gaming or gambling. (Ord. 485 § 34, 1988)

5.08.050 Area where regulations apply.

This chapter shall be operative in the unincorporated area of the county. (Ord. 485 § 35, 1988)

5.08.060 Permit—Required.

No person or organization shall conduct a bingo game without first obtaining a permit from the board of supervisors to do so. (Ord. 485 § 18, 1988)

5.08.070 Permit—Application—Contents.

Written application for a permit required by this chapter shall be made by affidavit under penalty of perjury and filed with the clerk of the board of supervisors. Such application shall contain:

A. Name of organization; names, signatures and addresses of all the officers of the organization;

B. Days and hours of operation of bingo games;

C. Attached copies of certificates or letters evidencing exempt status under Section 23701d of the Revenue and Taxation Code and Section 170(c)(2) of the Internal Revenue Code of 1954, received from the Franchise Tax Board and the Internal Revenue Service;

D. Address of premises where bingo games will be conducted;

E. Statement of ownership or lease of premises;

F. Purpose(s) for which such premises are used by the organization;

G. Statement of ownership of bingo equipment used in the operation of bingo games;

H. Statement of consent for the sheriff to inspect any bank accounts containing profits derived from bingo games;

I. Name of each individual, corporation, partnership or other legal entity which has financial interest in the conduct of the bingo games;

J. Name of person responsible for the operation of the bingo games;

K. Such further information as may be required by the board of supervisors. (Ord. 485 § 19, 1988)

5.08.080 Application—Investigation by sheriff.

A. The board of supervisors shall submit each application to the sheriff for investigation and recommendation.

B. The sheriff shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for purposes of his investigation. If he finds that such operators or persons assisting in the operation of a bingo game have been convicted within the past five years of any felony or of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude, he shall not recommend issuance of the permit in question. (Ord. 485 § 20, 1988)

5.08.090 Application—Review by departments.

The board of supervisors shall submit each application to the following county departments for investigation and recommendation:

A. Fire marshal, as to any fire hazard on the premises in question;

B. Health officer, as to the health and sanitary conditions of the premises in question;

C. Manager of the building inspection department, as to compliance with county building regulations;

D. Planning director, as to compliance with county zoning requirements and the county zoning ordinance. (Ord. 485 § 21, 1988)

5.08.100 Application—Public hearing.

A. The clerk of the board of supervisors shall set the time and place for public hearing on each application for a bingo permit and shall mail notice thereof to the applicant and to any other person who has filed a written request for such notice.

B. Each applicant shall have the opportunity to review all records, papers, files, and any other evidence relating to the application for a bingo permit except criminal history information, at least five days prior to the time set for public hearing on such application. (Ord. 485 § 22, 1988)

5.08.110 Permit—Final approval conditions.

A. At the time and place set for public hearing on the application for a bingo permit, the board shall consider the records, papers, files and any other evidence it deems relevant, and shall render its decision either granting or denying the permit.

B. If the permit is approved, the board may include such restrictions and conditions in the permit as the board deems, reasonable and necessary under the circumstances to insure compliance with the purposes and intent of this chapter. (Ord. 485 § 23, 1988)

5.08.120 Permit—Denial conditions.

The board of supervisors may refuse to issue a permit if, after consideration of the application and any other papers, records and files it deems relevant, it is determined that the operation of a bingo game would be injurious to the health, safety and morals of the people of the county, or that the permit application or proposed mode of operation of the bingo game is not in compliance with the provisions of this chapter. (Ord. 485 § 24, 1988)

5.08.130 Permit—Change of information.

A. Any changes as to the staff operating and assisting in the operation of a bingo game or any other changes in the information furnished under Section 5.08.070 made subsequent to the issuance of a bingo permit and license shall be reported to the sheriff for any further investigation which he deems necessary and appropriate.

B. If, after such investigation, the sheriff finds that the changes require suspension or revocation of the bingo permit and license, such determination shall be transmitted to the board for appropriate action. (Ord. 485 § 25, 1988)

5.08.140 License—Required when.

A. In addition to obtaining a permit as required by this chapter, each organization conducting a bingo game shall obtain a license from the license collector. No license shall be issued until the applicant therefor has a valid permit covering the organization and the premises.

B. Each organization proposing to conduct bingo games at ten sessions or less a year shall obtain a special license from the license collector. Such special license shall be valid only for the sessions specified therein.

C. Each organization proposing to conduct bingo games at more than ten sessions a year shall obtain a general license from the license collector. (Ord. 485 § 26, 1988)

5.08.150 License—Fees.

A. The fee for a special license shall be five dollars, payable at the time of issuance thereof.

B. The fee for a general license shall be five dollars, payable at the time of issuance and each renewal thereof, if the value of any bingo games does not exceed five dollars in merchandise for each separate game which is held.

C. The fee for a general license shall be fifty dollars, payable at the time of issuance and each renewal thereof, if the total value of prizes awarded during the conduct of any bingo game exceeds five dollars in merchandise for each separate game which is held. (Ord. 485 § 27, 1988).

5.08.160 License—Renewal.

A. General licenses are granted for one-year terms; each term is renewable annually. Written application for renewal of a general license shall be made to the board of supervisors at least one month prior to its expiration date.

B. A special license is granted only for a one-day term for each bingo game session; such special license shall not be renewable. (Ord. 485 § 28, 1988)

5.08.170 Annual report requirements.

A. During the term of the permit and license, each nonprofit charitable organization which has been issued a permit and license shall file a report made under penalty of perjury with the clerk of the board of supervisors, containing the following information:

1. Any changes or additions in to the information required under Section 5.08.070;

2. The total amount of money received from the operation of the bingo games in the previous fiscal year;

3. The total amount paid out in prizes;

4. Detailed costs to the organization for the operation of the bingo games.

B. Each nonprofit organization which has been issued a general license shall file such report at the end of each fiscal year. Each nonprofit charitable organization which has been issued a special license shall file such report within thirty days after each authorized bingo game session. (Ord. 485 § 29, 1988)

5.08.180 No transfer of permit or license.

Permits and licenses granted under this chapter shall not be transferable, either as to the license or the location. Any attempt to transfer shall render the permit and license in question invalid. (Ord. 485 § 30, 1988)

5.08.190 Suspension or revocation—Conditions.

Any permit and license issued under this chapter may be suspended or revoked by the board of supervisors on its own motion. On application of the sheriff or district attorney for violation of any of the provisions of this chapter or any provisions of this code or of federal or state law, any permit and license issued under this chapter may be suspended or revoked. (Ord. 485 § 31, 1988)

5.08.200 Suspension or revocation—Procedure.

The holder of a bingo license shall be given prompt notice of revocation or suspension of such permit and license, and shall immediately desist from conducting or operating any bingo game. The notice shall fix a time and place, not less than five nor more than thirty days after service thereof, at which time the holder of the license may appear before the board of supervisors and be granted a hearing upon the merits of the suspension or revocation. (Ord. 485 § 32, 1988)

5.08.210 Location for games.

A nonprofit charitable organization shall conduct a bingo game only on property owned or leased by it, or on property whose use is donated to the organization, and which property is used by such organization solely for an office or for performance of the purposes for which the organization is organized. (Ord. 485 § 8, 1988)

5.08.220 Operation and staffing.

A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall not receive a profit, wage or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game, or participate in promotion, supervision, or any other phase of such game. This section does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the game. (Ord. 485 § 6, 1988)

5.08.230 Financial interest restrictions.

No individual, corporation, partnership or other legal entity except the organization authorized by permit and license to conduct a bingo game shall hold a financial interest in the conduct of such bingo game. (Ord. 485 § 10, 1988)

5.08.240 No profit, wage or salary.

No person or agent of such person shall receive a profit, wage, salary or other income from any bingo game authorized by this chapter, except as a bona fide prize received as a participant in such bingo game. However, this section does not prohibit the payment of security personnel in accordance with the restrictions of Penal Code Section 326.5 (K)(2). (Ord. 485 § 7, 1988)

5.08.250 Profits in separate fund.

All profits derived from a bingo game shall be kept in a special fund or account, and shall not be commingled with any other fund or account. (Ord. 485 § 11, 1988)

5.08.260 Prizes—Maximum total value.

The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. (Ord. 485 § 13, 1988)

5.08.270 Recordkeeping requirements.

Each organization conducting a bingo game shall maintain detailed records of all profits, expenditures, prizes and other expenses associated with the operation of bingo games. Such records shall be retained for such period of time as required by state and federal law, and for a period of three years for purposes of this chapter. (Ord. 485 § 12, 1988)

5.08.280 Games open to the public.

All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization. (Ord. 485 § 5, 1988)

5.08.290 Hours of operation.

All bingo games shall be conducted only during the hours of noon to midnight. (Ord. 485 § 15, 1988)

5.08.300 Bingo equipment ownership.

All equipment used in the operation of bingo games shall be owned by the organization authorized by permit and license to conduct such bingo games. (Ord. 485 § 9, 1988)

5.08.310 Players must be present.

No person shall be allowed to participate in a bingo game unless such person is physically present at the time and place at which the bingo game is being conducted. (Ord. 485 § 14, 1988)

5.08.320 Minors not to participate.

No minors shall be allowed to participate in any bingo game. (Ord. 485 § 4, 1988)

5.08.330 Inspection and enforcement.

A. The sheriff shall have the authority to inspect the premises in order to insure that the operation of bingo games at the premises does not constitute a violation of any state or federal law or provision of this chapter.

B. The sheriff may inspect the records and special bank accounts containing profits derived from bingo games of any person, organization, association or entity conducting bingo games whenever deemed reasonable and appropriate to insure compliance with the provisions of this chapter. (Ord. 485 § 17, 1988)

5.08.340 Violation—Penalty.

A. Any person who violates Sections 5.08.060, 5.08.070, 5.08.130, 5.08.140, 5.08.170 and 5.08.210 through 5.08.320 shall be guilty of a misdemeanor and shall be punishable by a fine not to exceed five hundred dollars, or by imprisonment in the County Jail not exceeding six months, or by both such fine and imprisonment.

B. A violation of Section 5.08.240 shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the county general fund. (Ord. 485 § 16, 1988)