Chapter 5.30
BINGO
Sections:
5.30.040 Application for license.
5.30.050 Fees for and term of license.
5.30.060 License not transferable.
5.30.070 Operation of bingo games.
5.30.010 Intent.
It is the intent of the city council of the city of Calimesa to adopt an ordinance enacted under Section 19 of Article IV of the Constitution of the state of California and California Penal Code Section 326.5 authorizing the game of bingo. [Ord. 91-11; Code 1990 § 6.9.01.]
5.30.020 Definitions.
Whenever in this chapter the following terms are used they shall have the meanings respectively ascribed to them in this section:
“Bingo” shall mean 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 may include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend “For Sale or Use Only in a Bingo Game Authorized Under California Law and Pursuant to Local Ordinance.”
“Minor” shall mean any person under the age of 18 years.
“Qualified organization” shall mean organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701l of the California Revenue and Taxation Code, Mobile Home Park Associations and Senior Citizens Organizations; provided, that the receipts of such games are used only for charitable purposes. [Ord. 91-11; Code 1990 § 6.9.02.]
5.30.030 License required.
A. It shall be unlawful for any person to conduct any bingo games in the incorporated area of the city of Calimesa unless such person is a member of a qualified organization acting on behalf of such qualified organization, and that organization has been issued a license as provided by this chapter.
B. It shall be unlawful for any organization to conduct any bingo games in the incorporated area of the city of Calimesa unless such organization is a qualified organization and has been issued a license as provided by this chapter. [Ord. 91-11; Code 1990 § 6.9.03.]
5.30.040 Application for license.
Application for a license or renewal thereof shall be filed with the office of the city manager of the city of Calimesa on forms prescribed by the city manager and shall be signed under penalty of perjury.
A. On receipt of application for a license, with the appropriate fee, the city manager, or his designated representative, shall investigate the truth of the matter set forth in the application and the character of the applicant, and may examine the premises to be used for a bingo game or games.
B. The city manager, or his designated representative, may make inquiries to any office or department of the county of Riverside, the state of California, and federal agencies which the city manager deems essential to carry out a proper investigation of the applicant and the organization.
C. Prior to approval of the application, the planning director of the city of Calimesa shall certify to the city manager that there is improved vehicular access to the premises where a bingo game is to be conducted and that such premises contain sufficient off-street vehicle parking facilities.
D. Upon approval of any application for a bingo license, the city manager shall issue the license. [Ord. 91-11; Code 1990 § 6.9.04.]
5.30.050 Fees for and term of license.
A. The fee for a bingo license, or the renewal thereof, shall be $50.00 annually, to be paid with the application, or the renewal thereof. An additional fee of one percent of the monthly gross receipts over $5,000 derived from bingo games shall be paid monthly to the city manager.
B. If an application for a license is denied, one-half of the fee shall be refunded.
C. The term of a bingo license shall be one year and may be renewed for a period of one year, annually. [Ord. 91-11; Code 1990 § 6.9.05.]
5.30.060 License not transferable.
Each license issued pursuant to this chapter shall be issued to a specific qualified organization to conduct a bingo game at a specific location and shall not be transferable from one organization to another nor from one location to another. [Ord. 91-11; Code 1990 § 6.9.06.]
5.30.070 Operation of bingo games.
A. No minor shall be allowed to participate in any bingo game.
B. An organization authorized to conduct bingo games pursuant to this chapter shall conduct bingo games 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 purpose for which the organization is organized. Nothing in this chapter shall be construed to require that the property owned or leased by or whose use is donated to the organization, be used or leased exclusively by or donated exclusively to such organization.
C. All bingo games shall be open to the public, and not just to the members of the authorized organization.
D. Bingo games shall be operated and staffed only by members of the authorized organization which organized them. Such members shall not receive a profit, wage, or salary from any bingo games. Only the organization authorized to conduct a bingo game shall operate such game, or participate in the promotion, supervision, or any other phase of such game. This subsection does not preclude the employment of security personnel who are not members of the authorized organization at such bingo games by the organization conducting the game.
E. No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game.
F. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place where the bingo game is being conducted.
G. The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or kind, or both, for each separate game which is held.
H. Proceeds 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. Such proceeds shall be used only for charitable purposes, except as follows:
1. Such proceeds may be used for prizes.
2. A portion of such proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes, or $1,000 per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.
3. In addition, license fees may be paid from such proceeds. [Ord. 91-11; Code 1990 § 6.9.07.]
5.30.080 Inspection.
Any peace officer shall have free access to any bingo games licensed under this chapter. The licensee shall have the bingo license, lists of approved staff and accounting documents relating to all monies collected, dispersed and distributed available to such peace officer for inspection at all times during any bingo game. [Ord. 91-11; Code 1990 § 6.9.08.]
5.30.090 Appeal.
Any organization which has had an application for a bingo license denied by the city manager, or who has had a bingo license suspended or revoked by the city manager, may appeal the decision of the city manager by filing a written notice of appeal with the city clerk within 15 days after the date the application was denied or the license revoked or suspended, setting forth the reasons why such denial, suspension, or revocation was not proper. Within 30 days, the clerk shall set the matter for public hearing before the city council of the city of Calimesa and give notice of the time and place of the hearing to the appellant. At the public hearing, the city council may affirm, amend or reverse the decision of the city manager, or take such other action as it deems appropriate. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. [Ord. 91-11; Code 1990 § 6.9.09.]
5.30.100 Violations.
A. It is a misdemeanor for any person to receive any pay or profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the Constitution of the state of California. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games provided in this chapter.
B. A violation of subsection (A) of this section shall be punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the city of Calimesa.
C. Any person violating any other provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $1,000, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.
D. The provisions of this section are to be construed as added remedies and not in conflict with or in derogation of any other actions, proceedings or remedies otherwise permitted by law. [Ord. 91-11; Code 1990 § 6.9.10.]