Chapter 5.23 BINGO GAMES

Corporations, community chests, trusts, funds or foundations exempted from the payment of the bank and corporation tax by Section 23701(a), (b), (d), (e), (f), (g), (k), (l) or (w) of the California Revenue and Taxation Code and mobile home park associations, senior citizens organizations, and charitable organizations affiliated with a school district are eligible to apply to the city for a permit to conduct bingo games in the city under the provisions of Section 326.5 of the California Penal Code and the provisions of this chapter. (Ord. 837 § 1, 2010; Ord. 474, 1984; Ord. 361 § 1, 1976).

5.23.020 Application for permit.

Eligible organizations desiring to obtain a permit to conduct bingo games in the city shall file an application in writing therefor with the chief of police on a form to be provided by the chief of police. The issuing authority shall be the chief of police. The permit issued shall be for a term of one year from the date of issuance, subject to renewal upon payment of the annual fee established by resolution of the city council, and updating of information contained in the initial application. (Ord. 837 § 1, 2010; Ord. 474, 1984; Ord. 361 § 1, 1976).

5.23.030 Applicant must be qualified.

No permit shall be issued to any organization unless such applicant is an eligible organization under BGMC 5.23.010 and its application conforms to the requirements, terms and conditions of this chapter. (Ord. 837 § 1, 2010; Ord. 361 § 1, 1976).

5.23.040 Contents of application.

The application for a permit shall contain the following:

A. The name of the applicant organization and a statement that applicant is an eligible organization under BGMC 5.23.010;

B. The name and signature of at least two officers, including the presiding officer of the applicant organization;

C. Identification of the particular property within the city at which bingo games will be conducted, together with the occupancy capacity of such place;

D. Proposed day of week and hours of day for conduct of games;

E. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the California Penal Code and this chapter as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked by the chief of police upon violation of any of such provisions;

F. Said application shall be signed by the applicant under penalty of perjury;

G. The annual permit fee fixed by the city council by resolution, not to exceed $50.00, shall accompany the application;

H. The applicant shall also submit, with its application, satisfactory evidence that the applicant organization meets the eligibility requirements of BGMC 5.23.010, and that the property utilized for the conduct of bingo games meets the requirements of BGMC 5.23.170. (Ord. 837 § 1, 2010; Ord. 474, 1984; Ord. 386, 1978; Ord. 361 § 1, 1976).

5.23.050 Investigation of applicant.

Upon receipt of the completed application and the fee, the chief of police shall refer the same to interested departments of the city, including but not limited to the city administrator, planning department, building department, and fire department, for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies, and the extent to which it qualifies, as property on which bingo games may lawfully be conducted, as to fire, occupancy and other applicable restrictions. (Ord. 837 § 1, 2010; Ord. 361 § 1, 1976).

5.23.060 Contents of permit.

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city, the chief of police shall issue a license to said applicant, which shall contain the following information:

A. The name and nature of the organization to whom the permit is issued;

B. The address where bingo games are authorized to be conducted;

C. The occupancy capacity of the room in which bingo games are to be conducted;

D. The date of the expiration of such permit;

E. Such other information including conditions as may be necessary or desirable for the enforcement of the provisions of this chapter, or to ensure that the manner in which the bingo game is conducted does not interfere with the use or enjoyment of neighboring properties;

F. The days of the week and hours of day authorized for the conduct of bingo games. (Ord. 837 § 1, 2010; Ord. 474, 1984; Ord. 386, 1978; Ord. 361 § 1, 1976).

5.23.070 Denial of permit – Appeal to city council.

In the event that the chief of police determines that the applicant is not qualified, he shall so notify the applicant in writing, and shall refund one-half of the application fee. Any applicant whose application is denied shall have the right, within 10 days after receiving notice in writing of the denial, to file a written appeal to the city council with the city clerk. Such appeal shall set forth the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within 30 days after its receipt by the city, or at a time thereafter agreed upon, and shall cause the applicant to be given at least 10 days’ written notice of such hearing. At the hearing the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of its appeal. The determination of the city council on the appeal shall be final. (Ord. 837 § 1, 2010; Ord. 474, 1984; Ord. 361 § 1, 1976).

5.23.080 Suspension and revocation of permits.

A. All permits issued pursuant to the provisions of this chapter shall be subject to suspension or revocation in the time and manner set forth in this section.

B. Any permit issued pursuant to the provisions of this chapter shall be suspended or revoked if it is found, in the time and manner hereinafter described:

l. That a permittee, or any agent or employee thereof, has violated or permitted, allowed or caused the violation of any provision of this chapter or of Section 326.3 or 326.5 of the California Penal Code;

2. That a permittee, or any agent or employee thereof, has permitted, allowed or caused any violation of any condition of approval imposed upon the issuance of such permit;

3. That the conduct of bingo games has interfered with the use or enjoyment of neighboring properties; or

4. That a licensee has made any fraudulent statement as to a material fact on an application form, or as to any other information presented as part of the application process.

C. Whenever the chief of police has information that grounds for suspension or revocation may exist, he shall forthwith investigate the same. If he determines that grounds do exist, he shall provide written notice of intention to revoke the permit, which said revocation shall be effective five days from the date of receipt unless the permittee, within said five days, files a written request with the city clerk for appeal to the city council. Upon receipt of such request, the city clerk shall forthwith set the matter for consideration by the city council at its next most convenient meeting. Notice of the time and the place of the hearing before the city council shall be provided to the permittee not less than five days in advance of the date set for such hearing.

D. At the time set for such hearing, the city council shall hear the evidence presented by the chief of police, purporting to show that grounds exist for suspension or revocation; thereafter, the city council shall permit the permittee, and any other interested person, to present such evidence as may be relevant to dispute the existence of such facts. The city council may continue the hearing from time to time, and, if the city council is satisfied that probable cause for revocation exists, may suspend the permit pending the conclusion of the bearing.

E. If, based upon the evidence presented, the city council finds that facts are presented which constitute grounds for suspension or revocation, it shall suspend or revoke the permit or place conditions on the permit. If it finds that such facts are not present, it shall dismiss the proceedings. The decision of the city council shall be final and conclusive.

F. Any organization whose permit is finally revoked may not again apply for a permit to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of tax-exempt status, such organization may again apply for a permit upon proof of reinstatement of said exemption. (Ord. 837 § 1, 2010; Ord. 474, 1984; Ord. 361 § 1, 1976).

5.23.100 Definition of bingo.

As used in this chapter, “bingo” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. The game of bingo shall also include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The term “bingo,” as used in this chapter, shall include remote caller bingo, authorized pursuant to BGMC 5.23.260, unless otherwise stated. (Ord. 837 § 1, 2010; Ord. 432, 1981; Ord. 361 § 1, 1976).

5.23.110 Maximum amount of prize.

The total value of prizes awarded during the conduct of any bingo games shall not exceed $500.00 in cash or in kind, or both, for each separate game which is held. (Ord. 837 § 1, 2010; Ord. 361 § 1, 1976).

5.23.120 Profits and proceeds to be kept in separate fund or account.

All profits and proceeds derived from any bingo game by any organization shall be kept in a special fund or account and shall be used only for charitable purposes, except as otherwise provided in California Penal Code Section 326.5(j) and (k). (Ord. 837 § 1, 2010; Ord. 474, 1984; Ord. 386, 1978; Ord. 361 § 1, 1976).

5.23.130 Financial interest in permittee only.

No individual, corporation, partnership or other legal entity except the permittee shall hold a financial interest in the conduct of a bingo game. (Ord. 837 § 1, 2010; Ord. 361 § 1, 1976).

5.23.140 Exclusive operation by permittee.

A bingo game shall be operated, conducted and staffed only by members of the permittee organization. Each permittee organization shall keep and maintain a current roster containing the names of all of its members, which roster shall be conspicuously posted on the premises where such games are conducted and shall be open to public inspection at all times during the hours such games are conducted. Such members shall not receive a profit, wage, salary or other consideration from any bingo game including any free or discounted play of any bingo game. Only the permittee shall operate and conduct such game, or participate in the promotion, supervision or any other phase of such game. (Ord. 837 § 1, 2010; Ord. 386, 1978; Ord. 361 § 1, 1976).

5.23.141 Inspection of records.

It shall be the duty of every permittee to keep and preserve, for a period of three years, all records, ledgers and accounts relating to the proceeds and expenditures, and the distribution of all profits, derived from bingo games as are necessary to determine or establish compliance with the provisions of this chapter, which records shall be made available by the permittee to the city finance officer, or his designated representative, at all reasonable times upon demand. (Ord. 837 § 1, 2010; Ord. 386, 1978).

5.23.150 Bingo games open to public.

All bingo games shall be open to the public, not just to the members of the permittee organization. (Ord. 837 § 1, 2010; Ord. 361 § 1, 1976).

5.23.160 Attendance limited to occupancy capacity.

Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted, as determined by the fire department and building department of the city in accordance with applicable laws and regulations. Permittee shall not reserve seats or space for any person. (Ord. 837 § 1, 2010; Ord. 361 § 1, 1976).

5.23.170 Bingo games conducted only on permittee’s property.

A permittee shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The permit issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office or as a place for performance of the purposes for which the permittee is organized, the permit shall have no further force or effect. (Ord. 837 § 1, 2010; Ord. 474, 1984; Ord. 361 § 1, 1976).

5.23.180 Minors not to participate.

No person under 18 years of age shall be allowed to participate in any bingo game. (Ord. 837 § 1, 2010; Ord. 361 § 1, 1976).

5.23.190 Intoxicated persons not to participate.

No person who is obviously intoxicated shall be allowed to participate in a bingo game, nor shall bingo games be conducted on any location where alcoholic beverages are sold or dispensed during the time that the bingo game is being conducted. (Ord. 837 § 1, 2010; Ord. 361 § 1, 1976).

5.23.200 Hours of operation.

No permittee shall conduct any bingo game at any time other than on the day and at the times specified in the permit; provided, however, that a permittee may conduct up to six games per calendar year on days other than are specified in the permit. No bingo game shall be conducted before 12:00 noon nor after 1:00 a.m., nor for a period of time in excess of six hours. (Ord. 837 § 1, 2010; Ord. 478 § 1, 1984; Ord. 474 § 9, 1984; Ord. 386 § 7, 1978; Ord. 361 § 1, 1976).

5.23.210 Participant must be present.

No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted. With respect to remote caller bingo games authorized by BGMC 5.23.260 et seq., a person shall be deemed to be physically present at the place where the remote caller bingo game is being conducted if he or she is present at any of the locations participating in the remote caller bingo game. (Ord. 837 § 1, 2010; Ord. 361 § 1, 1976).

5.23.220 Receipt of profit by a person a misdemeanor under state law.

It is a misdemeanor under Sections 326.3(d) and 326.5(b) of the Penal Code of the state for any person to receive or pay a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the city. (Ord. 837 § 1, 2010; Ord. 386 § 3, 1978; Ord. 361 § 1, 1976).

5.23.230 City may enjoin violation.

The city may bring action in a court of competent jurisdiction to enjoin a violation of Sections 326.3(d) and 326.5 of the Penal Code or of this chapter. (Ord. 837 § 1, 2010; Ord. 361 § 1, 1976).

5.23.240 Any violation of this chapter is a misdemeanor.

Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction shall be punishable by a fine not exceeding $500.00 or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. (Ord. 837 § 1, 2010; Ord. 361 § 1, 1976).

5.23.250 Severability.

If any section, subsection or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The city council declares that it would have adopted this chapter and each section, subsection or portion thereof, irrespective of the fact that any one or more sections, subsections or portions be declared invalid or unconstitutional. (Ord. 837 § 1, 2010; Ord. 361 § 1, 1976).

5.23.260 Remote caller bingo authorized.

A. “Remote caller bingo,” as defined in Section 326.3 of the Penal Code, may be lawfully played in the city pursuant to the provisions of Sections 326.3 and 326.4 of the Penal Code, and this chapter, and not otherwise.

B. Those organizations listed in BGMC 5.23.010 are eligible to apply to the city for a permit to conduct remote caller bingo games in the city; provided, that (1) the organization has been incorporated or in existence for three years or more, and (2) the operation of bingo is not the primary purpose for which the organization is organized.

C. The application for a remote caller bingo permit shall be in a form similar to the application for a traditional bingo permit pursuant to BGMC 5.23.020 and 5.23.040. The application shall be accompanied by satisfactory evidence that the application organization meets the eligibility requirements of BGMC 5.23.010 and subsection (B) of this section. The application shall include a statement that the applicant organization agrees to conduct remote caller bingo games in strict accordance with the provisions of Section 326.3 and 326.4 of the California Penal Code and this chapter, and that the permit to conduct remote caller bingo games may be revoked by the chief of police upon violation of any such provisions. (Ord. 837 § 1, 2010).

5.23.270 Additional conditions for remote caller bingo permits.

The application for a remote caller bingo permit shall be considered pursuant to the procedures set forth in BGMC 5.23.050 et seq. Notwithstanding the foregoing sentence, each remote caller bingo permit issued pursuant to this chapter shall be subject to the following additional conditions:

A. Remote caller bingo games shall not be conducted by any permittee on more than two days during any week, except that a permittee may hold one additional game, at its election, in each calendar quarter.

B. The permittee organization is responsible for ensuring that the conditions of this chapter and Sections 326.3 and 326.4 of the Penal Code are complied with by the organization and its officers and members. A violation of any one or more of those conditions or provisions shall constitute cause for the revocation of the organization’s permit issued pursuant to BGMC 5.23.080. (Ord. 837 § 1, 2010).