Chapter 3.94
BINGO GAMES
Sections:
3.94.020 Charitable organizations.
3.94.050 Evidence of tax exemption status to accompany license application.
3.94.110 Participation--Minors.
3.94.010 Purpose and intent.
It is the purpose and intent of the city council of the city in enacting the ordinance codified in this chapter to enable nonprofit organizations, organized and operated exclusively for religious, charitable, scientific, literary or educational purposes, or for the prevention of cruelty to children or animals, and mobile home park associations and senior citizens organizations to conduct bingo games. (Ord. 14-78 §1, 1978: Ord. 2-76 §1(part), 1976).
3.94.020 Charitable organizations.
For the purposes of this chapter, “charitable organizations” includes only those organizations exempted from payment of the bank and corporation tax by §23701d of the California Revenue and Taxation Code, and a contribution or gift to which would qualify as a “charitable contribution” under §170(c)(2) of the United States Internal Revenue Code of 1954. (Ord. 2-76 §1(part), 1976).
3.94.030 Bingo games.
As used in this chapter, “bingo game” means a game of chance in which prize or prizes are awarded on the basis of a designated alignment of numbers or symbols on a card which conforms to numbers or symbols selected at random. (Ord. 2-76 §1(part), 1976).
3.94.040 License required.
Only those organizations and groups listed in Section 3.94.010 may obtain a license to operate or conduct a bingo game, and no such organization shall operate or conduct a bingo game without first obtaining a license therefor from the city clerk of the city. The application for license under this section shall include:
A. The name of the organization;
B. The address of the organization;
C. The length of time such license is desired, not to exceed one year;
D. Such other information as the police department may require. (Ord. 14-78 §2, 1978: Ord. 2-76 §1(part), 1976).
3.94.050 Evidence of tax exemption status to accompany license application.
Any organization other than a mobile home park association and senior citizens organization which applies for a bingo license shall submit with its application therefor a certification from the Franchise Tax Board of Tax Exempt Status under California Revenue and Taxation Code §23701d, and a certification from the United States Department of Internal Revenue that a contribution or gift to the applicant would be a charitable contribution under §170(c)(2) of the United States Internal Revenue Code of 1954 as amended. (Ord. 14-78 §3, 1978: Ord. 2-76 §1(part), 1976).
3.94.060 License fees.
The license fee for each license issued pursuant to the provisions of this chapter shall be ten dollars. (Ord. 2-76 §1(part), 1976).
3.94.070 Records required.
Every organization authorized to operate or conduct a bingo game for charitable purposes under this chapter shall keep separate and accurate books and records of all income and expenses related to the conduct of such games. Said books shall be open for inspection by the sheriff, district attorney, or chief of police at all times during ordinary hours of business, and shall not in any manner be concealed from said authorities. (Ord. 2-76 §1(part), 1976).
3.94.080 Profits.
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. (Ord. 2-76 §1(part), 1976).
3.94.090 Location.
A licensed charitable organization 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 performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require 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. (Ord. 4-84 §2, 1984).
3.94.100 Hours of operation.
A licensed charitable organization shall not operate or conduct a bingo game between the hours of twelve midnight and eight a.m. (Ord. 2-76 §1(part), 1976).
3.94.110 Participation--Minors.
Participation in all bingo games shall be open to the general public and may not be limited to members of the licensed charitable organization. No minors shall be allowed to participate in any bingo game. 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 game is conducted. (Ord. 2-76 §1(part), 1976).
3.94.120 Prizes.
The total value of prizes, including cash, awarded during the conduct of any one bingo game shall not exceed two hundred fifty dollars. (Ord. 2-76 §1(part), 1976).
3.94.130 Operation.
A bingo game shall be operated and staffed only by members of the nonprofit charitable organization which organized it. Such members shall not receive a profit, wage, commission, salary or compensation of any kind in consideration for conducting or helping to conduct any bingo game. It is a misdemeanor for any person to receive a profit, wage, commission, salary or other compensation from any bingo game herein authorized, punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city. 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. No individual corporation, partnership, or other legal entity, except the organization authorized to conduct a bingo game, shall hold a financial interest in the conduct of such game. (Ord. 2-76 §1(part), 1976).