Chapter 5.12
BINGO GAMES1
Sections:
5.12.100 Receiving profit declared misdemeanor.
5.12.010 Definitions.
For the purposes of this chapter, the following terms shall be defined as follows:
A. “Bingo” means a game of chance operated for a fee 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.
B. “Eligible organizations” means an organization which is exempt from payment of Bank and Corporation Tax under California Revenue and Taxation Code Sections 23701(a), 23701(d), 23701(e), 23701(f), 23701(g) or 23701(i), or a mobile home park association or a senior citizens organization. (Ord. 77-19 N.S. § 1, 1977; prior code § 12-901).
5.12.020 Who may conduct.
An eligible organization may conduct bingo games in compliance with this chapter. (Ord. 77-19 N.S. § 1, 1977; prior code § 12-902).
5.12.030 Permit – Required.
Before conducting a bingo game an eligible organization shall obtain a permit from the chief of police. Application shall be made on a form prescribed by the chief of police and shall include:
A. Evidence of exemption under Revenue and Taxation Code Sections 23701(a), 23701(d), 23701(e), 23701(f), 23701(g) or 23701(i);
B. Evidence, in the alternative to subsection (A) of this section, that the applicant is a mobile home park association or a senior citizens organization;
C. Date or periodic description of days when games will be held;
D. Time when games will be held;
E. Place where games will be held;
F. Number and value of prizes to be offered;
G. Other information prescribed on the form by the chief of police. (Ord. 77-19 N.S. § 1, 1977; prior code § 12-903).
5.12.040 Permit – Fee.
The permit fee shall be established by resolution of the city council. If an application fee is denied, one-half of any fee paid shall be refunded. (Ord. 17-10 § 2; Ord. 77-19 N.S. § 1, 1977; prior code § 12-904).
5.12.050 Location.
The bingo game must be held on property owned or leased by the eligible organization and used by it as an office or for performance of the purposes for which the organization exists. Nothing herein shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (Ord. 77-19 N.S. § 1, 1977; prior code § 12-905).
5.12.060 Participants.
A. A bingo game must be open to the public and not limited to members of the authorized organization.
B. It is unlawful for a minor to participate in a bingo game.
C. It is unlawful for a person to participate in a bingo game unless he is physically present at the game. (Ord. 77-19 N.S. § 1, 1977; prior code § 12-906).
5.12.070 Operation.
A. Only a member of the eligible organization may operate the bingo game. No member may receive a profit, wage or salary from the bingo game. Only the eligible organization shall operate the bingo game or participate in the promotion, supervision or other phase of the game.
B. No individual, corporation, partnership or legal entity other than the eligible organization may have a financial interest in the conduct of the bingo game.
C. All net proceeds from bingo games shall be used for charitable purposes only. (Ord. 77-19 N.S. § 1, 1977; prior code § 12-907).
5.12.080 Prizes.
The total value of prizes awarded at each bingo session shall not exceed $250.00 in cash or kind, or both, for each separate game which is held. (Ord. 77-19 N.S. § 1, 1979; prior code § 12-908).
5.12.090 Use of funds.
A. The money derived from the bingo game shall be kept in a special fund or account and shall not be commingled with another fund or account.
B. The proceeds from a bingo game shall be used for charitable purposes except as follows:
1. Such proceeds may be used for prizes;
2. A portion of such proceeds, not to exceed 10 percent of the proceeds after the deduction for prizes, or $500.00 per month, whichever is less, may be used for rental of property, overhead and administrative expenses. (Ord. 77-19 N.S. § 1, 1977; prior code § 12-909).
5.12.100 Receiving profit declared misdemeanor.
It is a misdemeanor for a person to receive a profit, wage or salary from the operation of a bingo game. (Ord. 77-19 N.S. § 1, 1977; prior code § 12-910).
5.12.110 Enforcement.
A. Violation of this chapter, except BMC 5.12.100, is an infraction. The first violation is punishable by a fine not to exceed $50.00. The second violation in the same year is punishable by a fine not to exceed $100.00. The third and subsequent violation in the same year is punishable by a fine not to exceed $250.00.
B. The city may bring an action to enjoin violation of this chapter. (Ord. 77-19 N.S. § 1, 1977; prior code § 12-911).
For statutory provisions authorizing bingo games for charity, see Penal Code § 326.5.