Chapter 5.16
BINGO GAMES*
Sections:
5.16.020 Certain Games Allowed.
5.16.030 Organizations Allowed to Conduct Games.
5.16.090 Operation and Staffing.
5.16.100 Financial Interest in Game.
5.16.110 Profits, Records and Accounting.
5.16.130 Physical Presence of Players.
5.16.150 Nuisance – Abatement.
5.16.160 Violations of CMC 5.16.040 – Penalty.
5.16.170 Violations Generally – Penalty.
* For statutory provisions on bingo games for charity, see Penal Code § 326.5; for constitutional provisions on bingo games for charity, see the Constitution of the State of California, Article 4 § 19.
5.16.010 Definition of Bingo.
As used in this title, “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. Keno and all other games of chance other than that game commonly known as bingo are excluded from this definition. This definition applies exclusively to this title and shall not be applied in the construction or enforcement of any other provision of law. (Ord. 88-2 § 3 (Exh. C), 1988).
5.16.020 Certain Games Allowed.
Bingo games shall be allowed in the City pursuant to the terms of this title. CMC 5.04.190 shall not apply to bingo games. (Ord. 88-2 § 3 (Exh. C), 1988).
5.16.030 Organizations Allowed to Conduct Games.
Bingo games shall only be conducted by organizations exempted from the payment of the bank and corporation tax by Sections 23701(a), (b), (d), (e), (f), (g), and (i) of the Revenue and Taxation Code and by mobile home park associations and senior citizens organizations. (Ord. 88-2 § 3 (Exh. C), 1988).
5.16.040 Profits and Wages.
No person shall receive or pay a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution and this title. (Ord. 88-2 § 3 (Exh. C), 1988).
5.16.050 Licensing.
No bingo games shall be conducted except pursuant to a license issued by the City. Applications for such license shall be made upon forms supplied by the City Clerk accompanied by the applicable license fee. An application to renew a license shall be accompanied by the applicable fee. If an application for a license is denied, one-half of any license fee shall be refunded to the organization. A license or renewed license, if issued, shall be for the period of 12 months. Applications shall be reviewed by the Department of Community Planning and Building. If the Department of Community Planning and Building finds that the applicant does not qualify under the terms of this title, or that the conducting of bingo games at the particular location stated in the application will violate some other title of this code, the Department of Community Planning and Building shall deny said application. A license may be revoked by the Planning Commission upon proof of any violation of this title, other City ordinances, the municipal code, or State or Federal law. (Ord. 2017-02 § 2 (Exh. A), 2017; Ord. 88-2 § 3 (Exh. C), 1988).
5.16.060 Minors.
No minor shall be allowed to participate in any bingo game. (Ord. 88-2 § 3 (Exh. C), 1988).
5.16.070 Locations.
An authorized organization shall conduct a bingo game only on property owned or leased by it and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. However, the property owned or leased need not be used exclusively by the organization. (Ord. 88-2 § 3 (Exh. C), 1988).
5.16.080 Open to Public.
All bingo games shall be open to the public, not just to the members of the authorized organization. (Ord. 88-2 § 3 (Exh. C), 1988).
5.16.090 Operation and Staffing.
A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall not receive or pay a profit, wage or salary from any bingo game. 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. Bingo games shall not be operated or played by any authorized organization more frequently than once a week. Bingo games shall not be operated or played between the hours of 10:00 p.m. and 10:00 a.m. No amplified sound shall be used in the operation of bingo games which can be heard beyond the property lines of the lot on which the games are operated or which disturbs occupants of premises not under the control of the authorized organization. (Ord. 88-2 § 3 (Exh. C), 1988).
5.16.100 Financial Interest in Game.
No individual, corporation, partnership, or other legal entity except the organization authorized by license to conduct a bingo game shall hold a financial interest in the conduct of such bingo game. (Ord. 88-2 § 3 (Exh. C), 1988).
5.16.110 Profits, Records and Accounting.
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. Records shall be maintained accounting for all funds involved in bingo games. The City shall have the right to inspect and audit all funds, accounts and records. Upon request by the City, an entity shall provide the City with a written account of all financial transactions relating to bingo games during the previous year, which written account shall certify that the transactions were carried out in accordance with this chapter. (Ord. 88-2 § 3 (Exh. C), 1988).
5.16.120 Use of Profits.
Organizations exempt from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code shall use profits from bingo games only for charitable purposes. Other authorized organizations shall use profits only for charitable purposes, except as follows:
A. Such proceeds may be used as prizes;
B. 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. 88-2 § 3 (Exh. C), 1988).
5.16.130 Physical Presence of Players.
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. 88-2 § 3 (Exh. C), 1988).
5.16.140 Value of Prizes.
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. (Ord. 88-2 § 3 (Exh. C), 1988).
5.16.150 Nuisance – Abatement.
Any bingo game conducted or operated contrary to the terms and provisions of this title and/or any participation therein contrary to the provisions of this title, is unlawful and a public nuisance and the City Attorney of the City shall, upon order of the City Council, immediately commence an action or proceeding for the abatement and enjoinment thereof in the manner provided by law. (Ord. 88-2 § 3 (Exh. C), 1988).
5.16.160 Violations of CMC 5.16.040 – Penalty.
Any violation of the provisions of CMC 5.16.040 is a misdemeanor, and upon conviction, the violation shall be punishable by fine not to exceed $10,000, which fine shall be deposited in the General Fund of this City. (Ord. 88-2 § 3 (Exh. C), 1988).
5.16.170 Violations Generally – Penalty.
It is a misdemeanor for any person to violate any provision of this chapter other than CMC 5.16.040, and upon conviction thereof shall be punishable by imprisonment in the County Jail for not to exceed six months or by a fine of not to exceed $500.00 or by both such fine and imprisonment. (Ord. 88-2 § 3 (Exh. C), 1988).
5.16.180 Cumulative Remedies.
The remedies in this chapter shall be cumulative and not exclusive. (Ord. 88-2 § 3 (Exh. C), 1988).