Chapter 5.50 GAMES FOR CHARITABLE PURPOSES

Bingo games for charitable purposes are authorized pursuant to Section 19, Article IV, of the California Constitution, and Section 326.5 of the Penal Code, and in accordance with the provisions of this chapter. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.020 Organizations eligible for permit to conduct bingo games.

Organizations allowed to conduct bingo games pursuant to the provisions of Section 326.5 of the California Penal Code, as the same may be amended from time to time, are eligible to apply to the city for permits 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. 05-1920 § 1, 2005; Ord. 1372 § 1, 1977; Ord. 1349 § 1, 1977.)

5.50.030 Bingo game permit required.

No organization shall engage in, carry on, maintain, conduct, or cause to be engaged in, carried on, maintained or conducted a bingo game in the city without first having secured a permit in accordance with the requirements of this chapter, nor without complying with the regulations contained in this chapter pertaining to the operation of bingo games. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.040 Definitions.

As used in this chapter, the following definitions shall apply:

A. “Bingo” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random. The game of bingo includes cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes.

B. “Nonprofit charitable organization” means any organization authorized to conduct bingo games pursuant to Section 326.5 of the Penal Code of California as the same is amended from time to time. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.050 Procedures.

The application procedure provided for in this chapter shall be followed with regard to permits sought pursuant to this chapter. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.060 Filing of application.

Every person desiring a permit pursuant to this chapter shall file an application with the chief of police upon a form to be provided by the chief of police and, at such time, pay the required fee.

Any applicant for an initial permit shall file a complete application not later than 90 calendar days prior to the date upon which the applicant wishes to commence its first bingo game. A permittee who wishes to continue bingo operations beyond the expiration date of its then current permit shall apply for permit renewal by filing a complete permit application not later than 45 calendar days prior to the date upon which the renewal applicant’s permit expires. A permittee’s or applicant’s failure to file a complete application within the time frames set forth above shall constitute independent grounds to deny issuance or renewal of a bingo permit under this chapter.

The application shall specify:

A. The name, address, and telephone number of the local applicant organization and a statement that the applicant is an eligible organization under CMC 5.50.020;

B. The names and addresses of all officers and directors of the local corporation or community chest and the trustee of any trust;

C. A list of the names and descriptions of all members of the applicant organization who will operate and staff bingo games;

D. A detailed schedule of the date(s), hours, location, parking space capacity, and occupancy capacity of such location of each bingo game to be held;

E. A detailed description of the record system to be used to account for the proceeds, prizes, expenses and profits of each bingo game, as well as a copy of the audited financial records of the applicant for the previous 12 calendar months;

F. The location and signatures of the special bank account(s) required by CMC 5.50.220;

G. A statement 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 permit to conduct bingo games may be revoked upon violation of any of such provisions;

H. The annual permit fee affixed by the city council by resolution shall accompany the application;

I. The applicant shall also submit, with its application, a letter or other evidence from the State Franchise Tax Board showing that the applicant is exempted from the payment of the bank and corporation tax by the provisions of the Revenue and Taxation Code Section contained in Section 326.5 of the Penal Code if the applicant claims eligibility for a permit by virtue of said section;

J. The application shall be signed by at least two officers, including the presiding officer of the local corporation or community chest and the trustee of any trust;

K. The application shall be verified under penalty of perjury;

L. The address to which notice, when required, is to be sent or mailed;

M. The names of the individual or individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the permittee;

N. Whether the application is for a new permit or a renewal of an existing permit. (Ord. 05-1920 § 1, 2005; Ord. 1372 § 1, 1977; Ord. 1349 § 1, 1977.)

5.50.070 Action on receipt of permit fee.

Upon receipt of a permit fee, the chief of police shall:

A. Issue a dated receipt showing the location for which an application has been made;

B. Transmit copies of the permit application to interested departments of the city, including but not limited to the planning director, the building official, the health officer, and the fire chief, to determine if the appropriate zoning ordinances and regulations, building code ordinances, the health code ordinance, the provisions of this chapter, and the fire code ordinance have been or will be complied with. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.080 Reports on application.

Every officer and department to which an application is referred shall, in writing, advise the chief of police of all material facts necessary to determine whether the permit should be granted, granted subject to conditions, or denied, and their approval or disapproval of the application. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.090 Information.

Every officer and department to which an application for a permit is referred may require such additional information and the filing of such additional forms as he deems necessary. Applicants shall provide such information and identification as deemed necessary by the chief of police in order to investigate matters bearing upon the moral character of members of the applicant organization and those who will staff and operate bingo games. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.100 Findings and determination by chief of police.

Upon review of data submitted by the applicant and upon completion of his investigation of all relevant information, the chief of police shall make findings on the following matters:

A. Whether or not the applicant is an eligible organization as defined in this chapter;

B. Whether or not the applicant meets all applicable requirements of the city, including this chapter, for the conduct of bingo games. In making this finding, the statements of all reporting officials and departments shall be considered;

C. Whether or not the applicant meets all applicable requirements of state law including Section 326.5 of the Penal Code.

Based upon the above findings, the chief of police shall grant the permit, subject to conditions reasonably necessary to ensure compliance with all laws and regulations, or deny the permit. The applicant shall be notified of such determination. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.110 Appeal.

The denial of a permit or any condition to which a permit is subject deemed unreasonable by an applicant may be appealed by an applicant by written notice to the city council filed with the city clerk. Said notice of appeal shall be filed within 15 days of the date on which the chief of police mailed notice of his determination to the applicant and shall set forth grounds upon which the appeal should be granted.

Within 45 days after the filing of such appeal, the city council shall set the matter for a hearing and cause notice thereof to the applicant-appellant and any other person requesting notice thereof. Based on the information presented at the hearing, the city council shall make findings in accordance with CMC 5.50.100 and shall grant or deny the appeal in accordance with such findings. The decision of the council shall be final. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.120 Contents of permit.

A permit issued in accordance with this chapter shall contain the following information:

A. The name and nature of the organization to whom the permit 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 permit;

E. The fact that this permit is subject to revocation for any violation of this chapter;

F. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.130 Permit fee – Law enforcement-public safety fee.

A. The fee for the bingo permit shall be in the amount set forth by council resolution, not to exceed the amount authorized by Section 326.5 of the Penal Code. If the application for a license is denied, one-half of any license fee shall be refunded to the applicant.

B. In addition to the annual bingo permit fee set forth in subsection (A) of this section, a permittee shall pay a law enforcement-public safety fee to the finance department if all of the following criteria are met:

1. The police department, fire department, or any other law enforcement or public safety organization is required to respond to a request for assistance at a location where permitted bingo is being conducted;

2. The responding department or organization incurs actual costs directly related to responding to the request for assistance;

3. The responding department or organization requests to be reimbursed for those actual costs incurred in responding to the request for assistance; and

4. The request for assistance arises from a permittee’s violation of any of the provisions of this chapter.

If all of the above criteria are satisfied, the responding law enforcement or public safety department or organization may request reimbursement from the permittee by submitting to the finance director a statement outlining the actual costs incurred in responding to the request for assistance (“statement”). The finance director shall serve the statement upon the permittee in person or by regular mail. Service of the statement shall be deemed complete on the date of personal service or five calendar days after the date of mailing.

Unless appealed, the permittee shall remit to the finance director the reimbursement amount set forth in the statement within 30 calendar days following the date of service of the statement. Upon proof submitted by a permittee of a financial hardship, the finance director, in his or her discretion, may allow the permittee to pay the reimbursement amount set forth in the statement over several monthly payments, in those amounts and on reasonable terms determined by the finance director.

If the permittee disputes that it is responsible for costs set forth in the statement, the permittee may appeal that determination by written notice to the city council, filed with the city clerk. Said notice of appeal shall be filed within 15 calendar days following the date of service of the statement and shall set forth grounds upon which the appeal should be granted. Within 45 days after the filing of such appeal, the city council shall set the matter for a hearing and cause notice thereof to be sent to the permittee/appellant. Based upon the information presented at the hearing, the city council shall make findings determining whether or not the permittee/appellant is responsible for the costs set forth in the statement. The decision of the city council shall be final. (Ord. 05-1920 § 1, 2005; Ord. 04-1906 § 7, 2004; Ord. 1372 § 1, 1977; Ord. 1349 § 1, 1977.)

5.50.135 Term of permit.

Each initial or renewed permit issued pursuant to this chapter shall have a term of one calendar year, after which it shall expire. (Ord. 05-1920 § 1, 2005.)

5.50.140 Applications to be kept current.

A. Every person having a permit issued pursuant to this chapter shall notify the chief of police in writing within five days after any change in facts required to be stated by CMC 5.50.060.

B. The permittee shall notify the chief of police of any changes in the list of members who will operate and staff bingo games. Said notification shall be made in writing and served upon the chief of police by personal delivery of a revised list and the obtaining of approval therefor at least three days prior to the operation of any game.

C. The permittee shall retain in his records proof of service of the notification required by subsection (A) of this section. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.150 Requirement for bingo manager.

No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises within the city, the operation of a bingo game unless such game is conducted under the personal direction of a bingo manager, duly approved by the chief of police. The bingo manager shall be present on the premises during the operation of all bingo games and no person other than a member of a permittee under this chapter shall operate, staff or promote a bingo game. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.160 Manager to be noncompensated.

A bingo manager shall not receive any compensation, in any form, for the services performed in connection with bingo games. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.170 Bingo manager permit.

To obtain a bingo manager’s permit, an applicant for bingo manager shall file with the chief of police an application, together with the fee required by council resolution, setting forth all information and identification the chief requires to conduct a background investigation on the applicant. Such information shall include, but shall not be limited to, the following:

A. A statement that neither the bingo manager nor the members of the nonprofit organization which operates any bingo game organized by such organization will receive any profit, wage, or salary or any other direct or indirect consideration from any bingo game.

B. A statement that the bingo manager applicant has read and understands all requirements of the law in regard to conducting bingo games in the city, and that such bingo manager will accept full responsibility for the conduct of such bingo games and all bingo card/ticket salespeople under his direction.

C. A statement that the bingo manager applicant, his or her spouse and minor children do not hold a financial interest in any business which sells, leases or distributes bingo supplies or equipment. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.180 Investigation.

A. The chief of police shall issue a bingo manager’s permit if he finds that:

1. The applicant is of good moral character and does not have a bad reputation for truth, honesty or integrity;

2. All of the statements made in such application are and each of them is true and are not deceptive or misleading and that the applicant has not violated any of the provisions of this chapter or engaged in any fraudulent transaction or enterprise, and that the applicant intends to conduct his business fairly and honestly.

B. If the chief of police determines that the applicant fails to meet the foregoing conditions, he shall deny the application and refuse to issue a permit, and shall notify the applicant of his decision.

C. Each bingo manager permit issued pursuant to this chapter shall have a term of one calendar year, after which it shall expire. Initial and renewed bingo manager permits shall be applied for and processed in the same manner provided in CMC 5.50.060, except that the applicant for an initial or renewed bingo manager permit shall be required to provide the information set forth in CMC 5.50.170. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.190 Bingo games open to public.

All bingo games shall be open to the public, not just to the members of the permittee organization. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.200 Attendance limited to occupancy and parking capacity.

Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to both the occupancy capacity of the room and the parking capacity of the location at which such game is conducted, as determined by the fire department and planning department in accordance with applicable laws and regulations. Said capacity shall be posted in plain view on the premises. The permittee shall not reserve seats or space for any person. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.205 Off-street parking requirements for bingo activities.

A. As an express condition of its permit, during all hours that a permittee conducts bingo, that permittee shall provide the following minimum off-street parking space at the location where bingo activities are conducted: one space for each five fixed seats or one space for each 100 square feet of floor area used for bingo activities, whichever amount is greater; plus one space for the bingo manager and one space for each bingo staff member.

B. During all other hours that a permittee does not conduct bingo at its location, the off-street parking requirements for the underlying use (i.e., church, school, club, lodge, etc.) imposed by Chapter 17.72 CMC (Off-Street Parking and Loading) shall govern.

C. If any section of Chapter 17.72 CMC or of any other chapter of this code imposes a higher off-street parking standard for the location conducting bingo than those set forth in subsection (A) of this section, that regulation imposing the greater amount of off-street parking shall govern.

D. Except as set forth above, Chapter 17.72 CMC shall govern all other standards for the design, location, development, orientation, operation and maintenance of off-street parking spaces for bingo activities. (Ord. 05-1920 § 1, 2005.)

5.50.210 Maximum amount of prize.

The total value of prizes awarded during the conduct of any bingo games shall not exceed $250.00 in cash or kind, or both for each separate game which is held. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.220 Proceeds and profits to be kept in separate fund or account – Use of proceeds and profits.

All proceeds and 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 permittee 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 authorized officers, shall have the right to examine and audit such records at any reasonable time and the permittee shall fully cooperate with the city by making such records available. All proceeds and profits derived from a bingo game shall be used only for charitable purposes or for such other limited purposes which are permitted under Sections 326.5(j) and (k) of the Penal Code. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.230 Financial interest in permittee only.

No individual, corporation, partnership, or other legal entity except the permittee shall hold a financial interest in or receive financial gain from the conduct of a bingo game authorized by this chapter. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.240 Exclusive operation by permittee.

A bingo game shall be operated, managed and staffed only by members of the permittee organization and they shall not participate in any game while performing these duties. Such members shall not receive a profit, wage or salary, or any other direct or indirect consideration, from any bingo game. Only the permittee shall operate such game, or participate in the promotion, supervision or any other phase of such game. Notwithstanding the above, security personnel who are not members of the permittee but are employed by the permittee may be paid from the proceeds of bingo games, as provided in Sections 326.5(j) and (k) of the Penal Code. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.245 Nonassignment of license.

It shall be unlawful for any person, as an operator, agent, and/or employee of any permittee to assign its license, or to arrange for, or in any other manner sublet, directly or indirectly, with or without consideration, to any person not having a valid, unsuspended or unrevoked license the right to conduct a bingo game. It shall likewise be unlawful for any person, not having a valid, unsuspended or unrevoked license to conduct a bingo game on the premises of a permittee. It shall be grounds for the revocation or suspension of any permit issued to a permittee to allow the farming out, assignment, or subletting of any bingo game permit under this chapter. (Ord. 05-1920 § 1, 2005.)

5.50.250 Receipt of profit by a person – A misdemeanor under state law.

It is a misdemeanor under Section 326.5(b) of the Penal Code of the state for any person except for security personnel employed by the permittee 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 $10,000, which fine shall be deposited in the general fund of the city. The city may also bring an action against the permittee or any person to enjoin any violation of this chapter. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.260 Bingo games conducted only on permittee’s property.

A permittee shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to it, which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The permit 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 permittee is organized, the permit shall have no further force or effect. A new permit 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 organization is organized. Nothing in this section 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, that organization. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.270 Equipment and supplies.

All equipment and supplies shall be purchased and not leased or rented for use and all bingo cards shall bear distinctive markings permitting the same to be identified as belonging to the permittee. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.280 Minors not to participate.

No person under the age of 18 years of age shall be allowed to participate in any bingo game. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.290 Intoxicated persons not to participate.

No person who is intoxicated shall be allowed to participate in a bingo game. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.300 Hours of operation – Use limitation per parcel.

No bingo game shall be conducted between the hours of midnight and 10:00 a.m., nor shall any permittee conduct bingo games on more than one day per week. No more than one permittee shall conduct bingo on any one parcel of property. (Ord. 05-1920 § 1, 2005; Ord. 98-1828 § 2, 1998; Ord. 1349 § 1, 1977.)

5.50.305 Distance requirement.

Bingo gaming shall not be conducted on any parcel of property that is located within 700 feet of any other parcel of property where bingo gaming is conducted, measured from the property line of the bingo permit applicant to the property line of any other existing bingo permittee. (Ord. 05-1920 § 1, 2005.)

5.50.310 Participant 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. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.320 Use of credit prohibited.

No permittee shall issue chips or money to a patron on credit or loan (including but not limited to IOU’s and checks to be held) or allow any patron to play on credit. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.330 Posting of permit.

An organization granted a permit pursuant to this chapter shall not conduct or permit to be conducted a bingo game unless said permit is posted at the public entrance in a conspicuous place during the conduct of any bingo game. The permittee shall produce and exhibit the same, when applying for renewal thereof, and whenever requested to do so by any peace officer or officer authorized to issue, inspect or collect permits. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.340 Members operating and staffing games – Identification badges.

The bingo manager shall have available on the premises at all times during the conduct of games the list of members operating and staffing games which has been filed with the chief of police, pursuant to CMC 5.50.060 and 5.50.140. In the event the list is different than the list originally submitted with the permittee’s application for a permit, proof of service of the revised list, as required by CMC 5.50.140, shall be attached to the current list. The names of the bingo manager and his on-duty staff shall be posted at the entrance to the premises. The bingo manager and all staff members of a bingo game shall wear on their outside clothing an identification insignia or badge, no less than two and one-half inches by three and one-half inches in dimension, indicating the name of the organization and the name and title of the staff member. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.350 Posting of costs, prizes and rules.

The permittee shall post the costs, prizes and rules of each game to be played. Such signs shall be posted adjacent to the permit during the conduct of the bingo game. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.360 Record of prizes.

A record shall be kept by the permittee showing the name and written signature, the address, and the telephone number of the winner, and the consecutive serial number on the receipt for the prize. A list of winners from the previous month shall be posted at the public entrance to the premises. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.370 Record keeping.

A complete and detailed records system shall be maintained by permittees on a continuing basis, clearly displaying all proceeds from bingo operations and patron attendance for each bingo session. By accepting a permit for bingo operations, a permittee shall be deemed to have consented to inspection of such records without prior notice by the finance director, chief of police and their designees, who may retain such records without the need for a warrant. The bingo manager shall personally maintain such records. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.380 Ineligible persons and organizations.

No person convicted of a felony or the crimes of fraud, theft, immoral conduct, bribery or bad-check offenses shall run or operate or assist in the running or operation of bingo games, nor shall such person provide, sell or lease bingo equipment or supplies to a permittee under this chapter. No person from a corporation having any financial interest in a permittee under this chapter or in any way connected with the bingo operations of a permittee under this chapter shall provide, sell or lease bingo equipment or supplies to a permittee under this chapter. Such prohibition shall extend to all persons related by blood or marriage to persons within the prohibited classes. No organization shall conduct bingo games unless said organization has been located and operated within the city for not less than two years. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.390 Prohibition against admission fee.

No admission fee, purchase or donation shall be required for entry onto the bingo premises. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.400 Cooperation with chief of police.

No person shall interfere with, prevent, or refuse to permit a peace officer to make an examination or inspection of any premises, whether the premises is open to the public or not, or of any record kept by the applicant organization, or by any agent or staff member thereof, for the purpose of determining whether the applicant organization and bingo manager are complying with all of the provisions of this chapter and all other applicable ordinances, statutes, rules and regulations affecting applicant’s business. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)

5.50.410 Revocation.

A violation of any provision of this chapter shall be cause for revocation of a permit by the chief of police. A permittee may appeal any such revocation to the city council by filing a notice of appeal thereof with the city clerk within 15 days after the revocation is effective. The city council shall set this matter for a hearing within 45 days after the filing of said notice of appeal. Notice of the hearing shall be given permittee and anyone requesting notice. Upon evidence presented at the hearing, the council shall determine whether the permittee violated any provision of this chapter and if so whether such violation warrants revocation of the permit.

An organization whose permit is revoked shall be ineligible to apply for a bingo permit for a period of two years thereafter. (Ord. 05-1920 § 1, 2005; Ord. 1349 § 1, 1977.)