Chapter 5.15 CHARITABLE BINGO GAMES

Pursuant to the authority provided in subsection (c) of Section 19 of Article IV of the Constitution of the State and Section 326.5 of the Penal Code of the State, the City establishes the requirements set forth in this chapter for the conduct of bingo games by nonprofit charitable organizations in the City. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.02 Bingo defined.

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 on a card, which numbers or symbols conform to numbers or symbols selected at random. Notwithstanding Section 330c of the Penal Code of the State, the game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for the 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”. (§ 1, Ord. 81-18, eff. June 3, 1981, as amended by § 1, Ord. 83-11, eff. June 15, 1983)

5.15.03 Authority to conduct bingo games.

Pursuant to Section 19 of Article IV of the Constitution of the State, bingo games may be conducted in the City for the benefit of organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the Revenue and Taxation Code of the State and for the benefit of mobile home park associations and senior citizens groups; provided, however, the proceeds of such games shall be used only for charitable purposes. (§ 1, Ord. 81-18, eff. June 3, 1981, as amended by § 2, Ord. 83-11, eff. June 15, 1983)

5.15.04 Permits: Applications: Fees.

(a) No person or organization shall conduct a bingo game without first obtaining a permit from the Director of Finance.

(b) Written applications for the permits required by this chapter shall be made by affidavit under penalty of perjury and filed with the Director of Finance. Such applications shall be on forms provided by the Director of Finance and shall be accompanied by a fee of fifty and no/100ths dollars ($50.00), one-half (1/2) of which shall be returned if the permit is denied. An additional fee for law enforcement and public safety costs directly related to bingo activities may be charged up to the actual costs incurred by the City. This fee shall be established by resolution of the City Council and will be collected monthly as needed. The application shall contain the following:

(1) The name of the organization and the names, signatures, and addresses of all the officers of the organization;

(2) The days and hours of operation of the bingo games;

(3) Attached copies of certificates or letters evidencing exempt status under either Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, or 23701l of the Revenue and Taxation Code of the State;

(4) The address of the premises where the bingo games will be conducted;

(5) A statement of the ownership or lease of the premises;

(6) The purpose for which such premises are used by the organization;

(7) A statement of consent for the City Finance Director to inspect any bank account containing funds for the operation of bingo games;

(8) The name of each individual, corporation, partnership, or other legal entity which has a financial interest in the conduct of bingo games;

(9) The name of the person responsible for the operation of the bingo games; and

(10) Such further information as may be required by the Director of Finance. (§ 1, Ord. 81-18, eff. June 3, 1981, as amended by § 3, Ord. 83-11, eff. June 15, 1983; Ord. 97-17, Amended, 07/14/1997, 5.15.04b(7) deleted and section renumbered; § 1, Ord. 13-20, eff. October 16, 2013)

5.15.05 Permits: Investigations.

Upon receiving a completed application with the fee, the Director of Finance shall send the application to the Chief of Police. The Chief of Police shall investigate to determine whether the permit should be issued. 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 investigation. If the Chief of Police finds that such operators or persons assisting in the operation of a bingo game have been convicted of any felony and/or crime in the past five (5) years involving lotteries, gambling, larceny, perjury, bribery, or fraud, he may, without further proceeding, disapprove the issuance of the permit in question. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.06 Permits: Denial by the Director of Finance.

The Director of Finance may refuse to issue a permit if, after consideration of the application and any other papers, records, and files the Director of Finance deems relevant, it is determined that the operation of a bingo game would be injurious to the health, safety, and morals of the people of the City or that the permit application or proposed mode of operation of the bingo games is not in compliance with the provisions of this chapter. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.07 Permits: Appeals.

(a) Any applicant or permittee may appeal to the Council from any order or action of the Director of Finance respecting the issuance, denial, modification, suspension, or revocation of any permit.

(b) Except as otherwise provided by this chapter, the appeal procedure set forth in Chapter 4 of Title 1 of this Code shall apply. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.08 Permits nontransferable.

Permits granted pursuant to this chapter shall not be transferable, either as to the permittee or the location. Any attempt to transfer shall render the permit in question invalid. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.09 Permits: Suspension: Revocation.

Any permit issued pursuant to this chapter may be suspended or revoked by the Council on its own motion or on an application of the Chief of Police for the violation of any provision of this chapter or any provision of Federal or State laws. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.10 Permits: Suspension: Revocation: Notices: Hearings.

The holder of a bingo permit shall be given prompt notice of the revocation or suspension of the permit and shall immediately desist from conducting or operating any bingo game. The notice shall fix a time and place, not less than five (5) days nor more than sixty (60) days after the service thereof, at which time the holder of the permit may appear before the Council and be granted a hearing upon the merits of the suspension or revocation. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.11 Minors: Public games.

(a) No minor shall be allowed to participate in any bingo game.

(b) All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.12 Staffing and operation.

A bingo game shall be operated and staffed only by members of the nonprofit charitable organization which organized it. Only an organization authorized to conduct a bingo game by a permit issued pursuant to this chapter shall operate such game or engage in the promotion, supervision, or any other phase of such game. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.13 Profit making prohibited.

No person or agent of such person shall 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. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.14 Premises.

An organization authorized to conduct bingo games pursuant to this chapter 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 such organization for an office or for the performance of the purposes 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. (§ 1, Ord. 81-18, eff. June 3, 1981, as amended by § 4, Ord. 83-11, eff. June 15, 1983)

5.15.15 Equipment.

All equipment used in the operation of bingo games shall be owned by the organization authorized by permit and licensed to conduct such bingo games unless the applicant demonstrates to the City, upon request, that it is more cost effective to rent/lease such equipment due to ongoing technology upgrades and the lessor is not compensated based upon a percentage of profits or customers, but instead on a flat rate for use of the equipment. (§ 1, Ord. 81-18, eff. June 3, 1981; Ord. 97-17, Amended, 07/14/1997; § 2, Ord. 13-20, eff. October 16, 2013)

5.15.16 Financial interests restricted.

No individual, corporation, partnership, or other legal entity, except the organization authorized by permit to conduct a bingo game, shall hold a financial interest in the conduct of such bingo game. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.17 Keeping of funds.

(a) With respect to organizations exempt from the payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code of the State, 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. Such profits shall be used only for charitable purposes.

(b) With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all 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 twenty percent (20%) of the proceeds before the deduction for prizes, or two thousand and no/100ths dollars ($2,000.00) per month, whichever is less, may be used for the rental of property, overhead, including the purchase of bingo equipment and administrative expenses, security equipment, and security personnel.

(3) Such proceeds may be used to pay license fees. (§ 1, Ord. 81-18, eff. June 3, 1981, as amended by § 5, Ord. 83-11, eff. June 15, 1983; § 3, Ord. 13-20, eff. October 16, 2013)

5.15.18 Keeping records.

Each permittee conducting a bingo game shall maintain detailed records of all proceeds, profits, expenditures, prizes, and other expenses relating to the operation of the bingo game. Such records shall be retained for a period of three (3) years and as long thereafter as may be required by any State or Federal law. Such records, including related bank accounts, shall be open for inspection at any time by the Chief of Police, Director of Finance, or any State or Federal official in the performance of his duties. The permittee shall file a yearly report under penalty of perjury with the Director of Finance containing the following information:

(a) Any change in or addition to the information required in the application;

(b) The total amount of money received from the operation of bingo games during the previous year;

(d) The detailed costs to the permittee of the operation of the bingo games; and

(e) All disbursements from the fund. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.19 Prize value limit.

The total value of prizes awarded during the conduct of any bingo game shall not exceed five hundred and no/100ths dollars ($500.00) in cash, or kind, or both, for each separate game which is held. (§ 1, Ord. 81-18, eff. June 3, 1981; § 4, Ord. 13-20, eff. October 16, 2013)

5.15.20 Physical presence 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. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.21 Hours of operation.

All bingo games shall be conducted only during the hours of noon to midnight. No bingo session shall exceed six (6) continuous hours, and not more than one bingo session shall be permitted in one twenty-four (24) hour period. A permittee shall not conduct bingo games more than one day per week. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.22 Posting permits.

A permittee shall keep the permit posted in a conspicuous place within the room in which bingo is being played during the conduct of any such game. The permittee shall produce and exhibit the permit whenever requested to do so by any peace officer, the Health Officer, the Director of Public Works, or a fire official. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.23 Inspections of premises.

The Chief of Police shall have the authority 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 chapter. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.24 Violations: Penalties.

(a) Any person who violates Sections 5.15.04, 5.15.11, or 5.15.14 through 5.15.20 of this chapter shall be guilty of a misdemeanor.

(b) A violation of Section 5.15.13 of this chapter shall be punishable by a fine not to exceed ten thousand and no/100ths dollars ($10,000.00), which fine shall be deposited in the General Fund of the City. (§ 1, Ord. 81-18, eff. June 3, 1981)

5.15.25 Annual renewal fees.

An annual renewal fee of fifty and no/100ths dollars ($50.00) shall be paid to the Director of Finance on the anniversary date of each permit required by this chapter. (§ 1, Ord. 81-18, eff. June 3, 1981)