Chapter 5.12
BINGO GAMES
Sections:
5.12.020 License—Eligible organizations.
5.12.030 License—Application, term and fee.
5.12.040 License—Contents of application.
5.12.050 License—Issuance conditions.
5.12.060 Investigation of applicant.
5.12.080 License—Suspension or revocation conditions.
5.12.090 License—Alternative revocation procedure.
5.12.100 License—Reapplication after revocation.
5.12.110 Operation by licensee only.
5.12.120 Location for conducting games.
5.12.140 Games open to the public.
5.12.150 Participants must be present.
5.12.160 Attendance limitations.
5.12.170 Funds to be kept separate—Records.
5.12.180 Prizes—Maximum per game.
5.12.190 Financial interest in licensee only.
5.12.200 Receipt of profits or wages prohibited.
5.12.210 Minors under eighteen unlawful.
5.12.220 Intoxicated persons prohibited.
5.12.010 Bingo defined.
As used in this chapter, “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. (Ord. 351 § 10, 1977)
5.12.020 License—Eligible organizations.
Organizations qualified by Section 326.5 of the Penal Code of California, as amended by Chapter 271 of the Statutes of 1977, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter. (Ord. 351 § 1, 1977)
5.12.030 License—Application, term and fee.
Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application in writing therefor in the office of the city manager on a form to be provided. The issuing authority shall be the city manager. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee not to exceed the actual cost of issuing such license, and not in any event to exceed fifty dollars. (Ord. 385-83 § 12 (part), 1983; Ord. 351 § 2, 1977)
5.12.040 License—Contents of application.
Application for a license shall contain the following:
A. The name of the applicant organization and a statement that the applicant is an eligible organization;
B. The name and signature of at least two officers, including the presiding officer of the organization;
C. The particular property within the city, including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place;
D. Proposed days of week and hours of day for conduct of bingo games;
E. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter, as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the city manager upon violation of any of such provisions;
F The application shall be signed by the applicant under penalty of perjury;
G. An annual license fee to cover actual costs of licensing as determined by the city council by resolution shall accompany the application, but not to exceed fifty dollars;
H. The applicant shall also submit, with its application, a certificate or determination of exemption under the Taxation and Revenue Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing exemption under Revenue and Taxation Code Section 23701 or other evidence of its eligibility under Section 326.5 of the Penal Code. (Ord. 385-83 § 12 (part), 1983; Ord. 351 § 4, 1977)
5.12.050 License—Issuance conditions.
No license shall be issued to any organization unless such applicant is an eligible organization under California Penal Code Section 326.5. (Ord. 351 § 4, 1977)
5.12.060 Investigation of applicant.
Upon receipt of the completed application and the fee, the city manager shall refer the same to interested departments of the city, including but not limited to the police department, city manager and the fire department, for investigation as to whether or not all the statements in the application are true, and whether or not the property of the applicant qualifies and the extent to which it qualifies, as property on which bingo games may lawfully be conducted, as to fire, occupancy and other applicable restrictions. (Ord. 385-83 § 12 (part), 1983; Ord. 351 § 5, 1977)
5.12.070 License—Contents.
Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city, and after review of the application by the chief of police, the city manager shall issue a license to the applicant which shall contain the following information:
A. The name and nature of the organization to whom the license is issued;
B. The address where bingo games are authorized to be conducted;
C. The occupancy capacity of the room in which bingo games are to be conducted;
D. The date of the expiration of such license;
E. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. (Ord. 385-83 § 12 (part), 1983; Ord. 351 § 6, 1977)
5.12.080 License—Suspension or revocation conditions.
A. Whenever it appears to the city manager that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the city manager shall have the authority to summarily suspend the license and order the licensee immediately to cease and desist any further operation of any bingo games.
B. Any person who continues to conduct a bingo game after any summary suspension thereof under subsection A of this section shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
C. The order issued under subsection A of this section shall also notify the licensee that it shall have five days from the date of such order to request a hearing before the city council to determine whether such license shall be revoked. Failure to request, in writing, such hearing within such five-day period shall result in a revocation of the license.
D. Upon such request by the licensee, whose license has been suspended under subsection A, for a hearing to determine whether such license shall be revoked, the city council shall provide such hearing within fifteen days after receipt of such request, at which hearing the suspended licensee may appear before the council for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.
E. Any organization whose license is suspended under this section shall not conduct any bingo game in the city, until such time as the city council, on appeal, determines to overrule the decision of the city manager. (Ord. 385-83 § 12 (part), 1983; Ord. 351 § 7,.1977)
5.12.090 License—Alternative revocation procedure.
Whenever it appears to the city manager that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension has been ordered, the license may be revoked; provided, however, that prior to such revocation the licensee must be given opportunity to appear before the city council at the time fixed by the city manager for the purpose of presenting evidence why the license should not be revoked. Written notice must be given at least five days before such hearing by depositing in the United States mail a notice directed to the licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation. (Ord. 385-83 § 12 (part), 1983; Ord. 351 § 8, 1977)
5.12.100 License—Reapplication after revocation.
Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701 of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of the exemption. (Ord. 351 § 9, 1977)
5.12.110 Operation by licensee only.
A bingo game shall be operated and staffed only by members of the licensee organization. Such member shall not receive a profit, wage or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game. (Ord. 351 § 14, 1977)
5.12.120 Location for conducting games.
A licensee 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. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization upon application under this chapter when it again owns or leases property used by it for an office or for performance of the purposes for which the application is organized. (Ord. 351 § 17, 1977)
5.12.130 Hours of operation.
No licensee shall conduct any bingo game more than six hours out of any twenty-four-hour period. No bingo game shall be conducted after two a.m. and before ten a.m. of any day. (Ord. 351 § 20, 1977)
5.12.140 Games open to the public.
All bingo games shall be open to the public, not just to the members of the licensee organization. (Ord. 351 § 15, 1977)
5.12.150 Participants must be present.
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. 351 § 21, 1977)
5.12.160 Attendance limitations.
Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted, as determined by the fire department and the building department of the city in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person. (Ord. 351 § 16, 1977)
5.12.170 Funds to be kept separate—Records.
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. The licensee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this chapter. The city, by and through its officers, shall have the right to examine and audit such record at any reasonable time, and licensee shall fully cooperate with the city by making such record available. (Ord. 351 § 12, 1977)
5.12.180 Prizes—Maximum per game.
The total value of prizes awarded during the conduct of any bingo game in the city, shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. (Ord. 351 § 11, 1977)
5.12.190 Financial interest in licensee only.
No individual, corporation, partnership or other legal entity except the licensee shall hold a financial interest in the conduct of the licensee’s bingo games. (Ord. 351 § 13, 1977)
5.12.200 Receipt of profits or wages prohibited.
It is a misdemeanor under Section 326.5(b) of the Penal Code of the state for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city. (Ord. 351 § 22, 1977)
5.12.210 Minors under eighteen unlawful.
No person under the age of eighteen years of age shall be allowed to participate in any bingo game. (Ord. 351 § 18, 1977)
5.12.220 Intoxicated persons prohibited.
No person who is obviously intoxicated shall be allowed to participate in a bingo game. (Ord. 351 § 19, 1977)