CHAPTER 5.28
BINGO GAMES
Section
5.28.010 Purpose of provisions
5.28.040 License - term - fees
5.28.050 License - nontransferability
5.28.060 License - application - investigation
5.28.070 License - denial, suspension, or revocation
5.28.090 Operation regulations
5.28.100 Violations and penalties
5.28.010 PURPOSE OF PROVISIONS.
The ordinance codified in this chapter is adopted pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions of Article IV of the California Constitution and Cal. Penal Code § 326.5. It is the intention of this chapter that any person, organization, or corporation allowed by the California Constitution and the Legislature of the state to conduct a bingo game if licensed by municipal ordinance be allowed to do so if in compliance with state and federal law and the provisions of this chapter regulating bingo games.
(Ord. 507, § 2, passed -- 1978)
5.28.020 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BINGO. 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.
CHARITABLE PURPOSE. The proceeds of all bingo games conducted within the City shall be used for charitable purposes only.
MINOR. Any person under the age of 18 years.
ORGANIZATIONS AUTHORIZED TO CONDUCT BINGO GAMES. Organizations exempted from the payment of the bank and corporation tax by Cal. Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l and by mobile home park associations and senior citizens’ organizations as allowed by Cal. Penal Code § 326.5. It is the intention of this ordinance that an organization authorized by the California Legislature to engage in the game of bingo shall be permitted to do so by the City and shall be deemed to be an organization authorized to conduct the game of bingo upon compliance with the terms of this chapter. In the event that the California Legislature amends Cal. Penal Code § 326.5, or by other statute authorizes additional organizations or persons to engage in the game of bingo, this chapter shall be deemed amended to conform to state law to allow the additional persons or organizations to conduct bingo games within the City upon compliance with the terms of this chapter. In the event that the State Legislature prohibits any organization from conducting the game of bingo which is now authorized to conduct the game of bingo under Cal. Penal Code § 326.5, this chapter shall be deemed amended to delete the organization as an authorized organization allowed to obtain a bingo license and conduct games of bingo within the City. The purpose of this provision is to ensure consistency between the state law and this code.
(Ord. 507, § 3, passed -- 1978)
5.28.030 LICENSE - REQUIRED.
It is unlawful for any person or organization to conduct any game of bingo in the City except duly licensed organizations as defined by this chapter.
(Ord. 507, § 4, passed -- 1978)
5.28.040 LICENSE - TERM - FEES.
The term of a bingo license is up to six (6) months and may be renewed for a period of up to six (6) months anytime within one (1) year from its date of issuance, upon application therefor. The fee for a bingo license and renewal thereof shall be determined by resolution of the City Council. The appropriate fee shall accompany the submission of each application, is nonrefundable, and shall be used to defray the cost of the issuance of the license.
(Ord. 477, § 3(B), passed -- 1976)
5.28.050 LICENSE - NONTRANSFERABILITY.
Each license issued under this chapter shall be issued only to an organization authorized to conduct bingo games as defined by Cal. Penal Code § 326.5. The license is not transferable.
(Ord. 507, § 5, passed -- 1978)
5.28.060 LICENSE - APPLICATION - INVESTIGATION.
A. Application for license shall be made to the Director of Finance on the prescribed forms, and shall be filed not less than twenty (20) days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at least the following:
1. A list of all members who will operate the bingo game, including full names of each member and residence address;
2. The date(s) and place(s) of the proposed bingo game or games;
3. Proof that the organization is an organization authorized to conduct bingo games pursuant to § 326.5 of the Penal Code.
B. Upon receipt of an application for a license, the Director of Finance may send copies of such application to any office or department which he or she deems essential in order to carry out a proper investigation of the applicant. The Chief of Police and every officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application and may examine the premises to be used for the bingo game. Upon approval of any application for a bingo license, the Director of Finance shall issue the license.
(Ord. 873, § 4, passed 8-25-2008)
5.28.070 LICENSE - DENIAL, SUSPENSION, OR REVOCATION.
Procedures for denial, suspension or revocation of a license are as follows:
A. The Director of Finance may deny an application for a bingo license or suspend or revoke a license, if he or she finds the applicant or licensee or any agent or representative thereof has done any one of the following:
1. Knowingly made any false, misleading, or fraudulent statement of a material fact in the application or in any record or report required to be filed under this chapter.
2. Violated any of the provisions of this chapter.
B. If after investigation the Director of Finance determines that a bingo license should be suspended or revoked or an application for such license denied, he or she shall prepare a notice of suspension, revocation, or denial of application setting forth the reasons for such suspension, revocation, or denial of application. Such notice shall be sent by certified mail to the applicant’s last address provided in the application or be personally delivered. Any organization that has had an application for a bingo license denied or a license suspended or revoked by the Director of Finance may appeal that decision in the manner provided in § 5.28.080.
(Ord. 873, § 5, passed 8-25-2008)
5.28.080 LICENSE - APPEAL.
An appeal shall be filed and conducted in accordance with the procedures described in Chapter 1.08.
(Ord. 900, § 7, passed 12-12-2011)
5.28.090 OPERATION REGULATIONS.
A. An organization authorized to conduct bingo games as defined by Cal. Penal Code § 326.5 shall conduct a bingo game only on property owned or leased by it, and which property is used by the organization for an office or for the performance of the purposes for which the organization is organized.
B. No minors shall be allowed to participate in any bingo game.
C. All bingo games shall be open to the public and not limited to members of the organization authorized to conduct the bingo game.
D. A bingo game shall be operated and staffed only by members of an organization authorized to conduct bingo games as defined by Cal. Penal Code § 326.5 which organized the game. The members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate the game or participate in the promotion, supervision, or any other phase of the game.
E. No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of the bingo game.
F. 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; licensee shall retain for one year a full and complete financial statement of all moneys collected, disbursed, and the amount remaining for charitable purposes, which record shall be made available to the Director of Finance upon written request.
G. 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.
H. The total value of prizes awarded during the conduct of any bingo games shall not exceed $250 in cash or kind, or both, for each separate game which is held.
I. No bingo game shall be conducted between the hours of 12:00 a.m. and 8:00 a.m.
J. Any peace officer of the City shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game.
(Ord. 507, § 8, passed -- 1978; Am. Ord. 873, § 7, passed 8-25-2008)
5.28.100 VIOLATIONS AND PENALTIES.
A. It is unlawful for any person to receive a profit, wage, or salary from any bingo game authorized by this chapter.
B. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Chapter 1.12.
(Ord. 477, § 7, passed -- 1976; Am. Ord. 874, § 7, passed 8-25-2008)
5.28.110 SEVERABILITY.
If any provision, clause, sentence, or paragraph of the ordinance codified in this chapter or the application thereof to any person or circumstances shall be held invalid, the invalidity shall not affect the other provisions or applications of the provisions of the ordinance codified in this chapter and the same shall remain in full force and effect.
(Ord. 477, § 8, passed -- 1976)