Chapter 9.04 GAMBLING AND BINGO

Certain words and phrases are defined in this section to clarify their use in this chapter. Where a definition is not given or where a question of interpretation arises, the definition that shall control is the normal meaning of the word within the context of its use.

A. “Bingo” and “bingo game” means and includes 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. The game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning card shall not be known prior to the game by any person participating in the playing or operation of the bingo game.

B. “Cards” means and includes any type of playing cards and any game played with cards, except the games known as “bridge” and “whist.”

C. “Commence” means and includes commence, begin, initiate, start, open, and establish.

D. “Conduct” means and includes conduct, transmit, maintain, prosecute, practice, manage, operate, and carry on.

E. “Employee” means every person, either an agent, servant, employee, or otherwise, of the owner or operator, as owner or operator, or under the direction of the owner or operator of any game room or bingo game.

F. “Nonprofit organization” means and includes any nonprofit organization exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 237011 of the California Revenue and Taxation Code.

G. “Purport to commence” and “purport to conduct” means and includes a showing, representation, indication, or action which:

1. By means of sign, advertisement, or advertising matter, whether in, upon, or about any premises or otherwise; or

2. By the appearance or arrangement of any premises; or

3. By acts or statements of any person, or by the employee of any person, indicates, suggests, holds out, or represents that any person is, would be, or appears to be conducting or in a position to conduct any activity referred to in this chapter within the city. (Ord. 84-09 § 2, 1984)

9.04.020 Construction.

No provision of this chapter shall be construed to prohibit any act made unlawful by any general law of the state of California. Rather, this chapter is intended to be supplemental to the general law of the state of California. (Ord. 84-09 § 2, 1984)

9.04.030 Gambling house, game room, card room prohibited.

No person shall keep, conduct, or maintain any house, room, apartment, or place, used in whole or in part as a gambling house or place where any game is played, conducted, dealt, or carried on with cards, dice, dominoes, or other device for any money, checks, chips, credit, or anything representative of value, as a result of which game chance is any determining factor, except as otherwise specifically provided in this chapter. (Ord. 84-09 § 2, 1984)

9.04.040 Permitting use as a gambling house, game room or card room prohibited.

No person shall knowingly permit any house, room, apartment, or place owned by him or under his charge or control to be used in whole or in part as a gambling house or place of playing, conducting, dealing, or carrying on with cards, dice, dominoes, or other device for money, checks, chips, credit, or anything representative of value, as a result of which game chance is any determining factor, except as otherwise specifically provided in this chapter. (Ord. 84-09 § 2, 1984)

9.04.050 Betting prohibited.

No person shall deal, operate, attend, play, or bet against any game, as a result of which game chance is any determining factor, which game is played, conducted, dealt, or carried on with cards, dice, dominoes, or other device for money, checks, chips, credit, or anything representative of value in any house, room, apartment, or place, except as otherwise specifically provided in this chapter. (Ord. 84-09 § 2, 1984)

9.04.060 Private games permitted.

Notwithstanding any other provision of this chapter, any person may conduct occasional private games, otherwise lawful, carried on for purely social purposes in a private home. Nor shall the provisions of this chapter apply to otherwise lawful games, other than card games, conducted by a private group of customers for the sole purpose of determining which member of the group shall pay for food, refreshments, or beverages for immediate consumption by the group. (Ord. 84-09 § 2, 1984)

9.04.070 Game rooms permitted for charitable purposes.

Notwithstanding any other provision of this chapter, nonprofit organizations may conduct game rooms wherein games not in conflict with any state law may be played and conducted. All game rooms shall be incidental to the other activities of the conducting nonprofit organization and shall be operated solely for charitable purposes in accordance with the provisions of this chapter. (Ord. 84-09 § 2, 1984)

9.04.080 Bingo games permitted for charitable purposes.

Notwithstanding any other provision of this chapter, pursuant to Section 19, Article IV of the California Constitution and Section 326.5 of the California Penal Code, nonprofit organizations, mobile home park associations, and senior citizen organizations may conduct bingo games solely for charitable purposes in accordance with the provisions of this chapter. (Ord. 84-09 § 2, 1984)

9.04.090 Permit required.

No person, firm, corporation, organization, or association shall engage in, carry on, maintain, conduct, or cause to be engaged in, carried on, maintained, or conducted, either game rooms or bingo games in the city without first obtaining a permit in accordance with the requirements of this chapter, and without complying with the rules and regulations contained or authorized herein pertaining to the operation of either game rooms or bingo games. Any such permit shall allow either bingo games or a game room, but not both. (Ord. 84-09 § 2, 1984)

9.04.100 Organizations eligible for permit.

A permit to conduct game rooms may be issued only to nonprofit organizations. A permit to conduct bingo games may be issued only to nonprofit organizations, mobile home park associations, and senior citizens organizations. (Ord. 84-09 § 2, 1984)

9.04.110 Application for permit.

Applications for a regular or special permit to conduct either game rooms or bingo games shall be submitted to the city manager or his authorized representative on forms to be provided. The city council may, by resolutions adopted from time to time, fix the permit fees, if any, which shall accompany the application. A regular permit may be issued for a term of one year from the date of issuance, subject to renewal and payment of the permit fees, to allow for the regular operation of either game rooms or bingo games. A special permit may be issued for a term of three days from the date of issuance to allow for the one-time operation of either game rooms or bingo games as a part of a charitable event. The permit fees for bingo games shall be subject to the limitations set forth in California Penal Code Section 326.5(1). (Ord. 84-09 § 2, 1984)

9.04.120 Contents for application.

The application for a permit to conduct either game rooms or bingo games shall contain the following:

A. The name and mailing address of the applicant organization;

B. Proof that the applicant organization is an eligible nonprofit organization, including 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 a pertinent section of the California Revenue and Taxation Code. If the applicant organization is a mobile home park association or senior citizens organization, other proof shall be provided as required by the city manager or his authorized representative;

C. A list of the duly elected officers of the applicant organization supplied by the secretary thereof, if applicable;

D. The signatures of at least two officers, including the presiding officer of the applicant organization;

E. The location, including the street number, of the specific property within the city owned or leased by the applicant organization, or property whose use is donated to the applicant organization, on which either game rooms or bingo games will be conducted. In addition, applications shall include the occupancy capacity of the room in which the games or bingo will be played;

F. A statement certified by an authorized agent of the applicant organization that the applicant organization has received and reviewed copies of this chapter, the authorized rules of play for either game rooms or bingo games, and Penal Code Section 326.5, and has been advised that a permit granted under this chapter may be revoked by the city manager or his authorized representative upon violation of any of the pertinent provisions of this chapter or the permit;

G. The location where all records, account books, and ledgers pertaining to the applicant organization’s operation of either game rooms or bingo games will be placed; and an authorization for the city to inspect and audit these records, books, and accounts;

H. Such other information as the city manager or his authorized representative may require. (Ord. 84-09 § 2, 1984)

9.04.130 Investigation of applicant.

On receipt of a completed application, the city manager or his authorized representative shall make an investigation to determine if all of the statements in the application are true and shall refer the application to the chief of police, the chief building official, and the fire chief of the Hughson Fire Protection District to determine whether the appropriate Penal Code requirements, zoning and building code regulations, and Uniform Fire Code provisions have been or will be complied with. The city manager or his authorized representative may refuse to issue a permit if any officer of the applicant organization or any operator mentioned in HMC 9.04.200:

A. Has a felony conviction;

B. Has a conviction for theft, fraud, gambling, crimes involving moral turpitude, or game room or bingo ordinance violations in this or any other city or county;

C. Is under current investigation for a criminal offense set forth in subsections A and B of this section by any law enforcement agency. (Ord. 84-09 § 2, 1984)

9.04.140 Contents of permit.

Upon being satisfied that the applicant organization is fully qualified under the law to conduct either game rooms or bingo games, the city manager or his authorized representative shall issue a regular permit for one year or a special permit for three days to the applicant organization, the permit shall contain the following information:

A. The name of the organization to which the permit is issued;

B. The address and/or description of the location where the game rooms or bingo games are authorized to be conducted;

C. The date of the expiration of the permit;

D. The number of players permitted, if applicable;

E. Such other information as may be required by the city manager or his authorized representative for the enforcement of the provisions of this chapter. (Ord. 84-09 § 2, 1984)

9.04.150 Appeal of permit.

The issuance or denial by the city manager or his authorized representative of a permit to conduct game rooms or bingo games shall be final, unless within 10 calendar days after the decision the applicant or any other person not satisfied with the decision of the city manager or his authorized representative appeals in writing to the city council. (Ord. 84-09 § 2, 1984)

9.04.160 Game rooms or bingo rooms conducted only on permittee’s property.

A permit to conduct game rooms or bingo games shall be issued only for use on property owned or leased by permittee, or on property loaned to the permittee. Nothing in this section shall be construed to require the property owned or leased by, or whose use is donated to, the permittee to be used or leased exclusively by or donated exclusively to the permittee. No permit shall be issued unless there is adequate on-street or off-street parking. A new permit must be obtained for a change of address by the permittee, upon application, pursuant to this chapter. (Ord. 84-09 § 2, 1984)

9.04.170 Summary suspension and/or revocation of permit.

A. Whenever it appears to the city manager or his authorized representative that a permittee is conducting a game room or bingo game in violation of any of the provisions of this chapter, he shall have the authority to summarily suspend the permit and any further operation of any game room or bingo game.

B. The suspension order issued under subsection A of this section shall also constitute a notice of proposed revocation. The permittee shall also be notified at the time of summary suspension that it has 10 days from the date of the summary suspension to request in writing a hearing before the city manager to determine whether the permit should be revoked. If the permittee fails to request such a hearing within the 10-day period, the city manager or his authorized representative may revoke the permit.

C. In situations other than a summary suspension, if it appears to the city manager or his authorized representative that a permittee is conducting a game room or bingo game in violation of any of the provisions of this chapter, or that a permit was obtained by misrepresentation, the permit may be revoked. Written notice of such proposed revocation shall be given by depositing in the United States mail a notice directed to the permittee at the address given in the application. Notice shall set forth the reasons for the proposed revocation and shall notify the permittee that he has 10 days from the date of mailing in which to file a request in writing for a hearing before the city manager.

D. In the case of either a summary suspension or notice of proposed revocation, the city manager shall provide a hearing within 15 days of receipt of the written request for a hearing from the permittee. At this hearing, the permittee may present oral or written evidence why its permit should not be revoked. Notice of the time and the place of the hearing shall be given to the permittee by depositing it in the United States mail at least 10 days before the hearing to the address given in the application.

E. If the permit is revoked, written notice shall be given to the permittee within 25 days of the close of the hearing. Notice of revocation shall be given by United States mail. The permittee shall be presumed to have received the notice five days after mailing. It shall be unlawful for any organization whose permit is revoked under this section to conduct any game room or bingo game in the city unless the city council, on appeal, reinstates the permit.

F. Any person who conducts a game room or bingo game after either summary suspension or revocation shall be guilty of a misdemeanor.

G. Any organization whose permit is revoked may not apply for a permit to conduct either game rooms or bingo games in the city for a period of one year from the date of the revocation; provided, however, that if the ground for revocation is cancellation of the exemption granted under the California Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of the exemption. (Ord. 84-09 § 2, 1984)

9.04.180 Appeal of revocation to city council.

Any holder of a permit to conduct game rooms or bingo games whose permit is revoked under this chapter shall have the right, after receiving notice in writing of the revocation, to file a written appeal to the city council. (Ord. 84-09 § 2, 1984)

9.04.190 Hours of operation.

No permittee for the operation of bingo games shall conduct bingo games for more than six hours out of any 24-hour period. No bingo game shall be conducted before 9:00 a.m. or after 12:00 midnight. (Ord. 84-09 § 2, 1984)

9.04.200 Members operating and staffing bingo games.

Game rooms and bingo games shall be operated and staffed only by members of the permittee. Such members shall not receive a profit, wage, or salary from any game room or bingo game. Only the permittee shall operate a game room or bingo game or participate in the promotion, supervision, or any other phase of a game room or bingo game. This section shall not preclude the permittee from employing security personnel licensed by the state of California who are not members of the permittee to supervise the game rooms or bingo games operated by the permittee. The security personnel may be paid from the revenues of the game rooms or bingo games as provided for in HMC 9.04.280. (Ord. 84-09 § 2, 1984)

9.04.210 Advertising.

No advertising or advertising signs shall be permitted in connection with any game room operated under a regular permit. Advertising and advertising signs shall be permitted in connection with any game room operated under a special permit and in connection with any bingo game. (Ord. 84-09 § 2, 1984)

9.04.220 Access to game rooms.

All game rooms operated under a regular permit shall not be open to the public and shall be used only by members of the permittee. Game rooms operated under a special permit may be open to the public and may be used by members and nonmembers of the permittee, at the discretion of the permittee. All game rooms shall be open to inspection by members of the police department, the building inspection department, and the Hughson Fire Protection District. (Ord. 84-09 § 2, 1984)

9.04.230 Access to bingo games.

All bingo games shall be open to the public. All bingo games, equipment, facilities, and property shall be open to inspection by members of the police department, the building inspection department, and the Hughson Fire Protection District. (Ord. 84-09 § 2, 1984)

9.04.240 Attendance limited to occupancy capacity.

Attendance at any game room or bingo game shall be limited to the occupancy capacity of the room in which the game room or bingo game is conducted as determined by the Hughson Fire Protection District and the building inspection department in accordance with applicable codes, laws, and regulations. (Ord. 84-09 § 2, 1984)

9.04.250 Participants.

No person shall be allowed to participate in a bingo game unless he or she is physically present at the time and place in which the bingo game is being conducted. 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 otherwise play on credit. No person shall be allowed to buy more than 12 bingo cards in any one day, nor be allowed to play more than 12 bingo cards in any one game; provided, however, the city manager, may, by rules and regulations adopted pursuant to HMC 9.04.310, allow, in addition thereto, the purchase of a limited number of additional bingo cards for the playing of a certain number of special limited bingo games. No person who is in a state of intoxication shall be allowed to participate in any games conducted in a game room or in any bingo game. No person under the age of 18 years shall be allowed to participate in any game conducted in a game room or in any bingo game. (Ord. 84-09 § 2, 1984)

9.04.260 Method of operation.

No game room or bingo game shall be operated in violation of any law, nor in a manner which shall constitute a public nuisance. (Ord. 84-09 § 2, 1984)

9.04.270 Maximum amount of prize for bingo games.

The total value of any prize or prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or kind, or both, for each separate game which is held. (Ord. 84-09 § 2, 1984)

9.04.280 Profits and proceeds to be kept in special fund or account.

A. Nonprofit organizations shall keep all profits derived from game rooms or bingo games in a special fund or account. The profits shall not be commingled with any other fund or account and shall be used only for charitable purposes, except as provided in HMC 9.04.280(C).

B. Mobile home park associations and senior citizens organizations shall keep all proceeds derived from bingo games in a special fund or account. The proceeds shall not be commingled with any other fund or account. The proceeds shall be used only for charitable purposes, except as provided in HMC 9.04.280(C).

C. Proceeds of any game room game or any bingo game may be used as follows:

1. The proceeds may be used for prizes.

2. A portion of the proceeds not to exceed 20 percent of the proceeds before the deduction for prizes or $1,000 per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo or game room equipment, administrative expenses, security equipment, and security personnel.

3. The proceeds may be used to pay permit fees. (Ord. 84-09 § 2, 1984)

9.04.290 Inspection of books, records, or accounts.

Each permittee shall keep full and accurate records of the income, conduct, promotion, supervision, and all other phases of any game room or bingo game operated by it in accordance with 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 each permittee shall cooperate fully with the city by making such records available. The failure to cooperate shall be a violation of this chapter and grounds for revocation of the permit. (Ord. 84-09 § 2, 1984)

9.04.300 Restricted financial interests.

No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a game room or bingo game shall hold any financial interest in the conduct of the game room or bingo game. (Ord. 84-09 § 2, 1984)

9.04.310 Rules and regulations.

The city manager or his authorized representative may adopt and print rules and regulations for the conduct and operation of game rooms or bingo games, and for the equipment to be used for any game room or bingo game. If adopted, a copy of these rules and regulations shall be given to each applicant for a permit to conduct game rooms or bingo games. In addition, copies of these rules and regulations shall be made available by the city manager or his authorized representative to any person who so requests. The permittee shall post a copy of these rules and regulations in a conspicuous place in the game room or during the conduct of any bingo game. (Ord. 84-09 § 2, 1984)

9.04.320 Penal Code Section 326.5.

All provisions of California Penal Code Section 326.5 as now written, and as hereafter amended, are incorporated herein by reference as if set forth in full and shall apply to every bingo game, except as to those more restrictive provisions set forth herein, which shall control. (Ord. 84-09 § 2, 1984)

9.04.330 Violation.

Except as otherwise provided in this chapter or in California Penal Code Section 326.5, every violation of this chapter shall be an infraction. (Ord. 84-09 § 2, 1984)