Chapter 8. Gambling

Sec. 4-8.01 Prohibition Against Gambling with Cards in Public Places.

It shall be unlawful for any person to play the game of poker, or any other card game, for money or other representative of value, in any barroom or public place, or for any person having the possession or charge or control of any barroom or public place to permit poker or any other card game to be played for money or other representative of value. (Ord. 196 § 1, 1985)

Sec. 4-8.02 Bingo Defined.

As used in this Chapter, “bingo” means a game of chance, in which prizes are awarded on the basis of designated numbers or symbols selected at random pursuant to California Penal Code Section 326.5. (Ord. 362 § 1 (part), 2001)

Sec. 4-8.03 Organization Eligible to Conduct Bingo Games.

Any non-profit organization exempted from the payment of bank and corporation tax by Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701i of the Revenue Taxation Code or any mobile home park association, or any senior citizens organization may apply to the City of Hercules for a license to conduct bingo games in the City provided that the proceeds of such games must be used only for charitable purposes. (Ord. 362 § 1 (part), 2001)

Sec. 4-8.04 Application for License.

Any organization desiring a license conduct bingo games in the City of Hercules shall file an application with the Finance Director of the City of Hercules. Those organizations which must be exempted from the bank and corporation tax to eligible to conduct bingo games shall: (1) File with the Finance Director certificates of the Franchise Tax Board and the United States Internal Revenue Service that show that the organization is currently exempted from payment of the bank and corporation tax by one of the Sections of the Revenue and Taxation Code enumerated in Section 4-8.03 above, or (2) File with the Finance Director evidence that the applicant is a mobile-home park or senior citizens organization. The Finance Director may also require the following information:

(a) Date or periodic description of days when games will be held;

(b) Time when games will be held;

(c) Place where games will be held;

(d) Number and value of prizes to be offered;

(e) Any additional information deemed necessary before issuing a license to conduct bingo games in the City of Hercules. (Ord. 362 § 1 (part), 2001)

Sec. 4-8.05 Issuance of License and Fee.

Upon submission of all information a required by Section 4-8.04 and payment of any license fee not to exceed Fifty Dollars ($50) annually, fixed by the City Council by resolution, the Finance Director shall issue to the organization a license to conduct bingo games in the City. (Ord. 362 § 1 (part), 2001)

Sec. 4-8.06 Denial, Suspension and Revocation of License.

(a) The Finance Director may deny an application for a bingo license if the Finance Director determines that the organization applying for the license does not meet the requirements set forth in Section 4-8.03 or fails to provide any information required by Section 4-8.04, or if said organization fails to pay the required license fee. The organization may appeal the denial to the City Manager within five (5) days after the denial by the Finance Director. The City Manager shall conduct a hearing regarding the appeal, written notice of which shall be at least five (5) days prior to the hearing. The decision of the City Manager shall be final.

(b) The Finance Director may suspend or revoke a bingo license if the licensee, or any of its directors, officer, employees, agents or representatives, violates any of the provisions of this chapter or any provision of law. Prior to suspending or revoking a license, the Finance Director shall give the licensee prior written notice of the proposed action. The licensee may appeal the proposed action to the City Manager. Such appeal shall be in writing and shall be filed with the City Manager within five (5) days after the effective date of the license suspension. The City Manager shall conduct a hearing regarding the appeal, written notice of which shall be at least five (5) days prior to hearing. The decision of the City Manager shall be final. No organization whose bingo license has been revoked may apply for a bingo license within three (3) years after such license has been revoked. (Ord. 362 § 1 (part), 2001)

Sec. 4-8.07 Location of Bingo Games.

An organization authorized to conduct bingo games pursuant to Section 4-8.03 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 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. (Ord. 362 § 1 (part), 2001)

Sec. 4-8.08 Bingo Games Open to Public.

All bingo games allowed by this chapter shall be open to the public, not just to the members of the authorized organization. (Ord. 362 § 1 (part), 2001)

Sec. 4-8.09 Exclusive Operation by Licensee.

A bingo game shall be operated and staffed only by members of the authorized organization, which organized said game. Such members shall not receive a profit, wage or salary from any bingo games. 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. This section shall not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the game. (Ord. 362 § 1 (part), 2001)

Sec. 4-8.10 Financial Interest.

It is unlawful for any individual, corporation partnership, or other legal entity except the organization authorized to conduct a bingo game to hold a financial interest in the conduct of such bingo game. (Ord. 362 § 1 (part), 2001)

Sec. 4-8.11 Special Fund.

With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation code, 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. With respect to other organizations authorized to conduct a bingo games pursuant to this chapter, all proceeds from bingo game shall be kept in a special 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 (20) percent of the proceeds before the deduction for prizes, or Two Thousand Dollars ($2,000) per month, whichever is less, may be used of rental of property, over head, and administrative expenses, security equipment and security personnel;

(3) The proceeds may be used to pay license fees. (Ord. 362 § 1 (part), 2001)

Sec. 4-8.12 Participant Must Be Present.

It is unlawful for any person to participate in a bingo game unless such person is physically present at the time and place in which the bingo game is being conducted. (Ord. 362 § 1 (part), 2001)

Sec. 4-8.13 Minors.

It is unlawful for any minor to participate in any bingo game. (Ord. 362 § 1 (part), 2001)

Sec. 4-8.14 Prizes.

The total value of prizes awarded during the conduct of any bingo game shall not exceed Two Hundred Fifty Dollars ($250) in cash or kind, or both, for each separate game, which is held. (Ord. 362 § 1 (part), 2001)

Sec. 4-8.15 Record Keeping—Right of Inspection.

Authorized organizations shall keep and maintain full records and accounting and shall detail the amount of money obtained from players. The amount of money or value of prizes given for each game played and the disposition of any funds generated by the disposition of funds generated by the conduct of bingo games. Authorized organizations shall also keep a record of the names, addresses and telephone numbers of all members of the organization who staff the game and all security personnel. The Finance Director shall have the right to inspect such records at any reasonable time. (Ord. 362 § 1 (part), 2001)

Sec. 4-8.16 Penalty.

Any violation of this Chapter is a misdemeanor, punishable by a fine not to exceed Ten Thousand Dollars ($10,000). (Ord. 362 § 1 (part), 2001)

Sec. 4-8.17 Injunction.

The City of Hercules may bring an action to enjoin a violation of this chapter and to otherwise enforce any applicable law, rule regulation or ordinance. (Ord. 362 § 1 (part), 2001)