Chapter 5.28
BINGO GAMES
Sections:
5.28.010 Organizations eligible for City license to conduct bingo games.
5.28.020 Application for license.
5.28.030 Applicant must be qualified.
5.28.040 Contents of application.
5.28.050 Investigation of applicant.
5.28.080 Revocation of license – Alternative procedure.
5.28.090 Reapplication after revocation.
5.28.110 Maximum amount of prize.
5.28.120 Profits to be kept in separate fund or account.
5.28.130 Financial interest in licensee only.
5.28.140 Exclusive operation by licensee.
5.28.150 Bingo games open to public.
5.28.160 Attendance limited to occupancy capacity.
5.28.170 Bingo games conducted only on licensee’s property.
5.28.180 Minors not to participate.
5.28.190 Intoxicated persons not to participate.
5.28.210 Participant must be present.
5.28.220 Receipt of profit by a person a misdemeanor under state law.
5.28.010 Organizations eligible for City license to conduct bingo games.
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. 651 § 1, 1979.)
5.28.020 Application for license.
Eligible organizations desiring to obtain such license to conduct bingo games in the City of Healdsburg 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 $50.00. (Ord. 651 § 2, 1979.)
5.28.030 Applicant must be qualified.
No license shall be issued to any organization unless such applicant is an eligible organization under California Penal Code Section 326.5. (Ord. 651 § 3, 1979.)
5.28.040 Contents of application.
Application for a license shall contain the following:
A. The name of the applicant organization and a statement that 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 of Healdsburg, 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 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 $50.00.
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. 651 § 4, 1979.)
5.28.050 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. 651 § 5, 1979.)
5.28.060 Contents of license.
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 said 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. 651 § 6, 1979.)
5.28.070 Summary suspension of license pending opportunity for hearing – Misdemeanor to continue after suspension – Revocation.
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 $500.00 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 said 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) of this section, for a hearing to determine whether such license shall be revoked, the City Council shall provide such hearing within 15 days after receipt of such request, at which hearing the suspended licensee may appear before the City 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 said 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 administrator. (Ord. 651 § 7, 1979.)
5.28.080 Revocation of license – Alternative 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 an 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 said 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. 651 § 8, 1979.)
5.28.090 Reapplication after revocation.
Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the City of Healdsburg 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 said exemption. (Ord. 651 § 9, 1979.)
5.28.100 Definition of bingo.
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. 651 § 10, 1979.)
5.28.110 Maximum amount of prize.
The total value of prizes awarded during the conduct of any bingo game in the City shall not exceed $250.00 in cash or kind, or both, for each separate game which is held. (Ord. 651 § 11, 1979.)
5.28.120 Profits to be kept in separate fund or account.
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 record 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. 651 § 12, 1979.)
5.28.130 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. 651 § 13, 1979.)
5.28.140 Exclusive operation by licensee.
A bingo game shall be operated and staffed only by members of the licensee organization. Such members 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. 651 § 14, 1979.)
5.28.150 Bingo games open to public.
All bingo games shall be open to the public, not just to the members of the licensee organization. (Ord. 651 § 15, 1979.)
5.28.160 Attendance limited to occupancy capacity.
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. Licensee shall not reserve seats or space for any person. (Ord. 651 § 16, 1979.)
5.28.170 Bingo games conducted only on licensee’s property.
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 organization is organized. (Ord. 651 § 17, 1979.)
5.28.180 Minors not to participate.
No person under the age of 18 years of age shall be allowed to participate in any bingo game. (Ord. 651 § 18, 1979.)
5.28.190 Intoxicated persons not to participate.
No person who is obviously intoxicated shall be allowed to participate in a bingo game. (Ord. 651 § 19, 1979.)
5.28.200 Hours of operation.
No licensee shall conduct any bingo game more than six hours out of any 24-hour period. No bingo game shall be conducted after 2:00 a.m. and before 10:00 a.m. of any day. (Ord. 651 § 20, 1979.)
5.28.210 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. 651 § 21, 1979.)
5.28.220 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 of California 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 $10,000, which fine shall be deposited in the general fund of the City of Healdsburg. (Ord. 651 § 22, 1979.)