Chapter 5.08
BINGO
Sections:
5.08.010 Games authorized pursuant to compliance with chapter provisions.
5.08.030 Authorized organizations.
5.08.050 Location requirements.
5.08.060 Games open to public required.
5.08.070 Staff requirements – Operation by authorized organization only.
5.08.080 Financial interest held by authorized organization only.
5.08.090 Establishment and use of fund.
5.08.100 Physical presence required for participation.
5.08.110 Maximum value of prizes.
5.08.010 Games authorized pursuant to compliance with chapter provisions.
Pursuant to the authority granted by Section 19 of Article IV of the California Constitution and California Penal Code Sections 326.3 through 326.5, this chapter authorizes bingo games played for money or prizes to be played or conducted within the City, consistent with the provisions set forth in this chapter. The provisions of this article shall be interpreted to be consistent with California Penal Code Sections 326.3 through 326.5. To the extent there are any inconsistencies, California Penal Code Sections 326.3 through 326.5 shall prevail. (Ord. 772 § 2 (Exh. A), 2024).
5.08.020 Definition.
As used in this chapter, “bingo” shall mean a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player’s possession and that conform to numbers or symbols, selected at random and announced by a live caller. (Ord. 772 § 2 (Exh. A), 2024).
5.08.030 Authorized organizations.
Bingo may be played or conducted only by organizations exempted from the payment of the bank and corporation tax by California Revenue and Taxation Code Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l and by mobile home park associations and senior citizens organizations, and charitable organizations affiliated with a school district; and if the receipts of those games are used only for charitable purposes and for the purposes specified in this chapter. (Ord. 772 § 2 (Exh. A), 2024).
5.08.040 Minors prohibited.
No minors shall be allowed to participate in any bingo game. (Ord. 772 § 2 (Exh. A), 2024).
5.08.050 Location requirements.
A. An organization licensed to conduct bingo games 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 that organization for an office or for performance of the purposes for which the organization is organized.
B. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (Ord. 772 § 2 (Exh. A), 2024).
5.08.060 Games open to public required.
All bingo games shall be open to the public, not just to the members of the authorized organization. (Ord. 772 § 2 (Exh. A), 2024).
5.08.070 Staff requirements – Operation by authorized organization only.
A. 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.
B. 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. (Ord. 772 § 2 (Exh. A), 2024).
5.08.080 Financial interest held by authorized organization only.
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. (Ord. 772 § 2 (Exh. A), 2024).
5.08.090 Establishment and use of fund.
A. 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. With respect to organizations exempt from payment of the bank and corporation tax by California Revenue and Taxation Code Section 23701d, such profits shall be used only for charitable purposes.
B. With respect to all other organizations authorized to conduct bingo games pursuant to this chapter proceeds may also be used as follows:
1. For prizes;
2. A portion of the proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes or $2,000 per month, whichever is less, may be used for rental of property, overhead and administrative expenses. (Ord. 772 § 2 (Exh. A), 2024).
5.08.100 Physical presence required for participation.
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. (Ord. 772 § 2 (Exh. A), 2024).
5.08.110 Maximum value of prizes.
The total value of prizes awarded during the conduct of any bingo games shall not exceed $500.00 in cash or kind, or both, for each separate game which is held. (Ord. 772 § 2 (Exh. A), 2024).
5.08.130 License required.
A. A license from the City is required to conduct a bingo game within the City. No person shall conduct a bingo game within the City without a license from the City.
B. The application for a license shall be in a form prescribed by the City and shall be accompanied by a $50.00 nonrefundable license fee for either the initial license or any renewal. The fee shall be submitted with the application for the license to conduct bingo games. If the application for a license is denied, one-half of the license fee shall be refunded to the applicant. (Ord. 772 § 2 (Exh. A), 2024).
5.08.140 Audit.
The City Clerk is authorized to audit the records of any organization to verify compliance with this code. (Ord. 772 § 2 (Exh. A), 2024).
Chapter 5.12
MOBILE FOOD VENDORS
Sections:
5.12.010 Requirements for mobile food vendors.
5.12.020 Other vehicle vending prohibited.
5.12.005 Definitions.
For the purpose of this chapter, certain words and phrases shall be construed as herein set forth below:
A. “Mobile food vendor” means any person who is an owner or operator of a mobile vending vehicle.
B. “Mobile vending permit” means a permit for vending from a vehicle issued by the City Planning and Building Director, or designee.
C. “Mobile vending vehicle” means any vehicle, including food trucks, trailers, and lunch wagons, from which fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged.
D. “Owner” means any person, firm, association or corporation having proprietary control of or right to proprietary control of any mobile vending vehicle as defined herein.
E. “Operator” means any person who is operating, preparing food for sale, or engaging in the sale of food from a mobile vending vehicle.
F. “Vehicle” has the same meaning as in California Vehicle Code Section 670. (Ord. 761 § 2 (Exh. A), 2023).
5.12.010 Requirements for mobile food vendors.
Mobile food vendors must be located and operated in accordance with the following provisions:
A. Permitted Vehicles. No person shall vend from a vehicle, except for in a mobile vending vehicle licensed by DMV, and designed and equipped for preparing, cooking and selling food.
B. Permitted Products. No vending shall occur from any vehicle in the City except for the sales of food and nonalcoholic beverages for immediate consumption, from a mobile food vendor in possession of a business license and mobile vending permit for such vending activity from the City. Sale of all other products is prohibited.
C. Licenses and Permits Required. Operators of mobile food vehicles operating in the City shall obtain a business license and mobile vending permit from the City. The owners of any mobile food truck shall be deemed responsible for ensuring that any operator obtains all necessary licenses and permits required for the service of food and beverages, including all required permits from the County Environmental Health Division. The mobile vending vehicle must be in compliance with applicable motor vehicle laws, and the operator must have the appropriate license classification for operating such vehicle.
D. Mobile Vending Permit Issuance and Revocation. As a condition of issuance of a mobile vending permit, an applicant shall be required to demonstrate that they carry automotive and general liability insurance with minimum limits of $1,000,000 per occurrence, in a policy form deemed acceptable by the City Planning and Building Director. Permittees are required to maintain such insurance policies while conducting operations under such permit. As a condition of permit issuance, an applicant shall also sign an indemnity and hold harmless agreement, in a form satisfactory to the City Attorney, agreeing to indemnify, defend, and hold harmless the City, its officers, and employees from any liability, loss, or damage arising out of mobile vending operations. Fees for issuance of a mobile vending permit may be established by resolution of the City Council, and shall be paid prior to permit issuance. A mobile vending permit may be revoked by the Planning and Building Director, after notice to the permittee and an opportunity for hearing, for repeated noncompliance with the provisions of this chapter. In the event that more than one mobile food vendor is interested in a specific vending location, Planning and Building Department staff will conduct a lottery to select a vendor for the specific location.
E. Operational Requirements. Mobile food vendors shall operate as follows:
1. Private Property. Mobile vending vehicles may conduct vending on private property in the Community Commercial (CC) and Light Industrial (I) zoning districts only.
2. Public Property. Mobile vending vehicles may conduct vending within the public right-of-way in Community Commercial (CC) and Light Industrial (I) zoning districts. However, this use is prohibited along the entire length of Brannan Street, Wappo Avenue and along Washington Street from the intersection of Lincoln Avenue to Earl Street.
In addition, mobile vending vehicles may conduct vending in the following specifically designated locations within the Public (P) district: (a) Logvy Park, (b) Fairgrounds main entrance adjacent to North Oak Street, and (c) entrance to the Fairgrounds golf course adjacent to Grant Street.
Mobile food vendors are prohibited from vending in the public right-of-way abutting a parcel with residential occupancy. Mobile food vendors are prohibited from vending on State Highway 128 and State Highway 29 within the City of Calistoga.
3. Special Events. Mobile vending may be permitted in connection with temporary special events regulated by Chapter 5.18 CMC, Special Events.
4. Duration. Vending for each mobile vending vehicle shall be limited to a maximum period of eight hours per day per location, including setup and cleanup.
5. Number. Permit issuance shall be limited to three in any calendar year.
6. Lighting. Mobile vending vehicles must comply with the lighting standards of CMC 17.36.090(D), requiring that lighting is shielded so as not to shine or create glare on any adjacent property.
7. Obstructions. Mobile vending vehicles and their operations, including their customers, seating, and equipment, must not obstruct the right-of-way, including blocking vehicular or bicycle traffic, or otherwise create hazards for vehicle or pedestrian traffic. Operations of mobile vending vehicles, including any tables, trash cans, and other seating or equipment, shall not block accessible paths of travel.
8. Trash, Recycling and Compost. Mobile food vendors shall keep the area near their vehicles free from any litter or debris and shall provide trash, recycling and compost receptacles for customer use on site. All litter generated within a minimum of a 100-foot radius of the site must be collected prior to closure of the mobile food truck operations. Any oil/grease/food debris deposited on streets, sidewalks, or private property shall be cleaned up immediately by the mobile food vendor. Any city costs incurred to remedy nuisance conditions or violations of this provision shall be chargeable to the mobile food vendor, and shall be paid within 30 days. Failure to pay shall be grounds for permit revocation or nonrenewal.
9. Safety. Mobile food vendors shall maintain compliance with all applicable provisions of the California Health and Safety Code, California Retail Food Code, and the Calistoga Municipal Code. Mobile vendors shall not refuel generators or other gas-powered equipment near combustible brush or vegetation, and shall ensure that they operate in locations where there is a minimum of 25 feet of clearance from combustible brush or vegetation in order to maintain adequate fire safety. Cooking or use of any appliance with an open flame outside of a vehicle is prohibited. All electrical appliances, cords and fixtures used by a mobile food vendor shall be in good repair and listed for exterior use. (Ord. 773 §§ 2, 3, 2024; Ord. 767 § 2, 2024; Ord. 761 § 2 (Exh. A), 2023).
5.12.020 Other vehicle vending prohibited.
All other vending from a vehicle, whether in the public right-of-way or on private property, other than mobile food vending meeting the requirements of CMC 5.12.010, shall be prohibited. (Ord. 761 § 2 (Exh. A), 2023).