Chapter 5.16 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 requirements set forth in this chapter are established for the conduct of bingo games by nonprofit charitable organizations. (Ord. 420 § 2, 1977)

5.16.020 Bingo defined.

As used in this chapter, “bingo” means a game of chance in which prizes are awarded on the basis of designated numbers of symbols on a card which conforms to numbers or symbols selected at random. (Ord. 420 § 2, 1977)

5.16.030 Organizations permitted to conduct bingo games.

No person, organization or other legal entity shall be permitted to conduct bingo games in the incorporated areas of the city unless such persons, organizations or other legal entities possess a valid certificate or letter from the Franchise Tax Board stating that they are exempted from payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 237011 of the Revenue and Taxation Code or they are solely a mobile home park association or senior citizens organization; and provided said organization has been in continual existence within the city for a period of one year prior to the date application is made for bingo permit. (Ord. 420 § 2, 1977)

5.16.040 Minors.

No minors shall be allowed within the room in which a bingo game is being operated. (Ord. 420 § 2, 1977)

5.16.050 Open to the public.

All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization. (Ord. 420 § 2, 1977)

5.16.060 Staffing and operation.

A bingo game shall be operated and staffed only by members of the charitable organization which organized it. Only an organization authorized to conduct a bingo game by permit issued pursuant to this chapter shall operate such game, or engage in the promotion, supervision, or any other phase of such game. (Ord. 420 § 2, 1977)

5.16.070 No profit, wage or salary.

No person or agent of such person shall pay or 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. (Ord. 420 § 2, 1977)

5.16.080 Equipment.

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. 420 § 2, 1977)

5.16.090 Financial interest.

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. 420 § 2, 1977)

5.16.100 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. 420 § 2, 1977)

5.16.110 Records.

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. Said 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. 420 § 2, 1977)

5.16.120 Total value of prizes.

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. 420 § 2, 1977)

5.16.130 Physical presence at bingo game required.

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. 420 § 2, 1977)

5.16.140 Number of days and hours of operation.

There shall be no more than one day of bingo per calendar week for each qualified organization and no bingo games shall be conducted between the hours of midnight and eight a.m. (Ord. 420 § 2, 1977)

5.16.150 Alcohol.

No alcoholic beverages shall be sold or served within the room within which a bingo game is operated. No person under the influence of an alcoholic beverage shall be permitted within the room within which a bingo game is operated. (Ord. 420 § 2, 1977)

5.16.160 Use of bingo proceeds.

Proceeds must be used for charitable purposes except for prizes and except that a portion of such proceeds, not to exceed ten percent of the proceeds after the deduction for prizes, or five hundred dollars per month, whichever is less, may be used for rental of property, overhead, and administrative expenses. (Ord. 420 § 2, 1977)

5.16.170 Authority to inspect premises and records.

A. The chief of police and any official city inspector shall have the authority to enter permittee’s premises free of charge 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 code.

B. The chief of police may inspect the records and special bank accounts containing moneys derived from bingo games of any organization conducting bingo games whenever deemed reasonable and appropriate to insure compliance with the provisions of this chapter. (Ord. 420 § 2, 1977)

5.16.180 Permit – Required.

No person or organization shall conduct a bingo game without first obtaining a permit from the chief of police to do so. (Ord. 420 § 2, 1977)

5.16.190 Permit – Application – Contents.

An application for a bingo permit or renewal of such permit shall be filed with the city clerk’s office, shall be in writing, shall be in duplicate, and shall be accompanied by the appropriate license fee. The application and renewal fees for a bingo permit shall be forty dollars. This amount may be changed by resolution of the city council. Fees are established to cover actual cost of issuing such permit. They are refundable only upon determination of the city that a lesser expense was incurred in issuing the permit. Applications shall be verified as provided by the California Code of Civil Procedure for the verification of pleadings. For denied permits, fees in excess of twenty-five dollars will be refunded. Such application shall include:

A. Name of organization, names, signatures, addresses, and phone numbers of all officers of the organization, and the length of time the organization has had continuous active existence at a fixed address in the city prior to the application date;

B. Days and hours of operation of bingo games;

C. Attached copies of certificates or letters evidencing exempt status under the sections of the Revenue and Taxation Code as listed in Section 5.16.030;

D. Address of premises and the particular room or rooms for which the permit is required, the square foot thereof to be used for bingo games, and the seating capacity, the name, residence, business address, business phone number, and written consent of the owner of the premises, who shall indicate consent to bingo games being conducted upon the premises by signing the application in the space provided;

E. Statement of ownership or lease of premises;

F. Purpose 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 chief of police to investigate any bank account containing moneys derived from bingo games;

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

J. Name and birth date, residence and business address of each staff member or person operating or assisting in the operation of the bingo games;

K. Whether or not any person who will operate or assist in the operation of bingo games has been convicted within the last five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, burglary, robbery, or similar crimes; and

L. Such further pertinent information as may be required by the chief of police. (Ord. 420 § 2, 1977)

5.16.200 Permit – Applicant investigation.

A. The city clerk’s, office shall submit each application to the chief of police for investigation and approval.

B. The chief of police shall conduct an appropriate investigation to determine whether the permit should be issued in accordance with the provisions of this chapter.

C. The chief of police shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for the purposes of his or her investigation. If he or she finds that such operators or persons assisting in the operation of a bingo game have been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, burglary, or robbery, he or she may not approve issuance of the permit in question. (Ord. 420 § 2, 1977)

5.16.210 Investigation and recommendation by other city departments.

The city clerk’s office shall submit each application to the following departments for investigation and recommendation:

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

B. County health department as to the health and sanitary conditions of the premises in question;

C. Building inspection department as to compliance with city building regulations;

D. Community development director as to compliance with city zoning requirements and the city zoning ordinance. (Ord. 420 § 2, 1977)

5.16.220 Permit – Issuance.

After investigation the chief of police shall approve the application and the city clerk’s office shall issue a bingo game permit or renewal of such permit, if the chief of police finds:

A. That a completed written application form therefor has been filed; and

B. That the required fee therefor has been paid to the city clerk’s office; and

C. That the organization has had continuous active existence at a fixed address in the city for at least one year prior to the application date; and

D. That as a result of the investigation all applicable provisions of this chapter with regard to such permit application have been met; and

E. That the operation by the applicant will be carried on in a building, structure and location which complies with and meets all of the health, zoning, fire, building and safety requirements and standards of the laws of the state and ordinances of the city applicable to such premises; and

F. That the applicant and the persons who will operate or assist in operating bingo games have not been convicted in a court of competent jurisdiction by final judgment, within the last five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, burglary, or robbery;

G. That the applicant has not had a similar type permit previously revoked for good cause within the past year unless the applicant has shown a material change in circumstances since the date of revocation. (Ord. 420 § 2, 1977)

5.16.230 Permit – Conditional approval.

If the permit is approved, the chief of police may include such restrictions and conditions in the permit as deemed reasonable and necessary under the circumstances to insure compliance with the purposes and intent of this chapter. (Ord. 420 § 2, 1977)

5.16.240 Permit – Notice of decision.

Notice of decision with reference to issuance of a permit under this chapter shall be made to the applicant or any other person requesting such notice within thirty days after receipt of the application for a permit or a renewal of such permit. (Ord. 420 § 2, 1977)

5.16.250 Permit – Denial.

The chief of police shall refuse to approve a permit if the permit application or proposed mode of operation of the bingo game is not in compliance with the provisions of this chapter. (Ord. 420 § 2, 1977)

5.16.260 Notice of changes.

A. Any changes as to the staff operating or assisting in the operation of a bingo game or any other changes in the information furnished under Section 5.16.190 subsequent to the issuance of a bingo permit shall be reported within twenty days to the chief of police for any further investigation which he or she deems necessary and appropriate.

B. If, after such investigation, the chief of police finds that the changes require suspension, the chief of police may suspend any permit issued. (Ord. 420 § 2, 1977)

5.16.270 Permit – Term – Renewal.

Permits issued prior to December 31, 1977 shall be granted for a term ending December 31, 1977. Thereafter, permits are granted for one year terms; each term is renewable annually. Written application for renewal of a permit shall be made to the city clerk at least one month prior to its expiration date. Permits shall automatically expire upon repeal of authority to conduct bingo games within the city. (Ord. 420 § 2, 1977)

5.16.280 Permit – Display.

Every permittee shall keep the permit and a copy of the rules and regulations set forth in Sections 5.16.040 through 5.16.160 posted in a conspicuous place upon the licensed premises in open and clear view. (Ord. 420 § 2, 1977)

5.16.290 Annual report.

At the end of each fiscal year during the term of the permit, each nonprofit charitable organization which has been issued a permit shall file a report made under penalty of perjury with the city clerk’s office containing the following information:

A. Any changes in or additions to the information required under Section 5.16.190;

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

C. The total amount paid out in prizes;

D. Detailed costs to the organization for the operation of the bingo games;

E. The chief of police may excuse provision of any of the above for any organization not in violation of this chapter. (Ord. 420 § 2, 1977)

5.16.300 Permit – Nontransferable.

Permits granted under this chapter shall not be transferable, either as to the license or the location. Any wilful attempt to transfer shall render the permit and license in question invalid. (Ord. 420 § 2, 1977)

5.16.310 Permit – Suspension.

Any permit issued under this chapter may be suspended by the chief of police for violation of any of the provisions of this chapter, or any provisions of the city code or of federal or state law. The chief of police in case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reasons for the suspension. The order shall be effective immediately if personally served, or forty-eight hours after the same has been deposited in the course of transmission with the United States Postal Service. Immediately upon such an order becoming effective, the permittee shall cease all operations under such permit. (Ord. 420 § 2, 1977)

5.16.320 Permit – Revocation.

The suspension shall become a revocation ten days after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension. Where an appeal is filed, revocation shall be stayed pending a determination thereon. The suspension shall become a revocation if the suspension of the chief of police is upheld. (Ord. 420 § 2, 1977)

5.16.330 Appeal.

A. Any person aggrieved by the decision of the chief of police with reference to the approval or denial of an application of a permit, or a suspension, may appeal such decision. The appeal will be heard by the board so designated by the city council resolution, or in the absence of such a resolution, the city council.

B. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.

C. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are held invalid. (Ord. 420 § 2, 1977)

5.16.340 Penalty for violation.

A. Any person who violates Sections 5.16.040 through 5.16.060, 5.16.070 through 5.16.160, 5.16.180 and 5.16.290 shall be guilty of an infraction upon conviction of the first violation of any of said sections, and guilty of a misdemeanor for any succeeding violation of any of said sections.

B. A violation of Section 5.16.070 shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the city general fund. (Ord. 420 § 2, 1977)