Chapter 4-12
BINGO
Sections:
4-12.010 Bingo games.
A. Bingo games are hereby permitted in the city, provided such games are conducted only by organizations exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code, and by mobile home park associations and senior citizens organizations; and provided that the proceeds of such games are used only for charitable purposes, and provided a license is obtained therefor pursuant to Section 4-12.020 of this chapter. Bingo games conducted pursuant to this section must be conducted in accordance with the provisions of Section 326.5 of the Penal Code and as provided herein.
B. Only those bingo games which have all of the characteristics of “ordinary bingo” or “pull tab bingo” set forth in this section are permitted. Pull tab bingo is permitted only in conjunction with ordinary bingo games. No cards nor prizes for pull tab bingo shall be distributed at any time other than during an ordinary bingo game. No bingo game featuring pull tab bingo exclusively is permitted.
C. The total prize money awarded in any ordinary bingo game or pull tab bingo game shall not exceed two hundred fifty dollars ($250.00). However. a maximum of two hundred fifty dollars ($250.00) in prizes for each pull tab bingo game may be awarded separately, and in addition to the maximum of two hundred fifty dollars ($250.00) in prizes awarded for each ordinary bingo game during which a pull tab bingo game is conducted.
D. “Ordinary bingo” means a game with all of the following characteristics:
1. The participants use bingo cards that are divided into twenty-five (25) spaces arranged in five horizontal and five vertical rows of spaces, with each space, except the central space, being designated by a combination of a letter and a number and with the central space being designated as a free space;
2. The participants mark or cover the spaces on the bingo cards that correspond to combinations of letters and numbers that are announced by a bingo game operator;
3. A bingo game operator announces combinations of letters and numbers that appear on objects that a bingo game operator selects by chance, either manually or mechanically, from a receptacle that contains seventy-five (75) objects at the beginning of each game, each object marked by a different combination of a letter and a number that corresponds to one of the seventy-five (75) possible combinations of a letter and a number that can appear on the bingo cards;
4. The winner of the bingo game includes any participant who properly announces during the interval between the announcements of letters and number as described in subsection (D)(3) of this section, that a predetermined and preannounced pattern of spaces has been marked or covered on a bingo card being used by the participant;
5. A prize is awarded to the winner or winners of the bingo game; and
6. All or any of the participants have paid, or promised to pay, any valuable consideration for the right to participate in the bingo game, or where none of the participants have paid, or promised to pay, any valuable consideration for the right to participate in the bingo game, the total value of the prize awarded in such game exceeds twenty-five dollars ($25.00).
E. “Pull tab bingo” means a game with all of the following characteristics:
1. The participants use cards having numbers or symbols which are concealed and preprinted in manner providing for distribution of prizes;
2. The winning cards are not be known prior to the game by any person participating in the playing or operation of the bingo game;
3. The number or symbol or configuration of numbers or symbols on a card which will constitute a winning card, and the amount in prize money which will be awarded for each winning number, symbol or configuration of numbers or symbols, are determined before any cards in a particular game are distributed;
4. All the preprinted cards bear the legend, “For sale or use only in a bingo game authorized under California law and pursuant to local ordinance”; and are printed with information describing the number or symbol or configuration of numbers or symbols which will constitute a winning card and the amount in prize money which will be awarded for each winning number, symbol or configuration of numbers or symbols; and are stamped with the date of distribution;
5. The winner of the bingo game is determined by the participants’ removing the material concealing the preprinted numbers or symbols on the cards;
6. The winner of the bingo game is any participant on whose card is printed the number or symbol or the configuration of numbers or symbols predetermined to be a winning number or symbol or configuration;
7. The prize is awarded to the winner or winners of the bingo game;
8. The prize or prizes for each game of pull tab bingo are awarded during the same ordinary bingo game in which the cards for such pull tab bingo game are distributed; and
9. All or any of the participants have paid, or promised to pay, any valuable consideration for the right to participate in the bingo game, or where none of the participants have paid, or promised to pay, any valuable consideration for the right to participate in the bingo game, the total value of the prize awarded in such game exceeds twenty-five dollars ($25.00).
F. An application for a license shall not be filed unless the applicant is a qualified organization which has owned or leased property within the city that was used by the applicant for the performance of the purposes for which it is organized, for at least twelve (12) months immediately preceding the filing of such application, and the property upon which any bingo game is to be conducted is property so owned or leased by the applicant. Licensee shall inform the issuing officer of any revocation of its tax exempt status.
G. Any organization whose bingo license has been denied or revoked may not apply for a license to conduct any bingo games for a period of one year from the date notice of such denial or revocation was served on it, or, if affirmed on appeal by the City Council as provided in Section 4-04.180 of this chapter, from the date of such affirmation; provided, however, if the reason for revocation is cancellation of the exemption granted under Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code, such organization may again apply for a bingo license upon proof of reinstatement of such exemption.
H. Each licensee shall have written policies incorporated in its constitution, articles, bylaws or other regulations setting forth the manner in which a person may become a member of the organization. Absent any such written policies, it shall be presumed that the organization has no members who may operate or staff bingo games within the meaning of Section 326.5 of the Penal Code.
I. Every member of the organization who operates or staffs bingo games or distributes cards or prizes for bingo games shall wear a distinctive identification badge bearing the name of the member and the name of the organization. Each licensee shall keep a list of members of the organization who are authorized to staff the operation of the bingo games or distribute cards or prizes for bingo games, which list shall be made available to any peace officer requesting same. Members staffing bingo games or distributing cards or prizes for bingo games shall not be paid a wage, salary or profit for such duties.
J. A licensee shall report changes of its officers to the issuing officer within ten days of such change.
K. Before operating any pull tab bingo game, each licensee shall report in writing to the issuing officer a description of how and when pull tab bingo cards will be distributed by said licensee; and how, when and in what amounts prizes for pull tab bingo will be distributed by said licensee. Before operating any pull tab bingo game, each licensee also shall submit to the issuing officer an exemplar of all pull tab bingo cards intended for distribution. Whenever a licensee changes any procedure in the operation of its pull tab bingo games, the licensee shall report the change in writing to the issuing officer. Whenever the pull tab bingo cards change, the licensee shall submit to the issuing officer exemplars of the changed cards intended to be distributed.
L. The licensee shall have the bingo license, lists of approved staff and accounting documents relating to all monies collected, disbursed and distributed available to the issuing officer for inspection at all times during any bingo game and during licensee’s normal business hours.
M. The licensee shall keep full and complete accounting records supported by properly executed contracts, leases, receipts and other related documents which pertain to all monies, and other forms of income, collected in connection with the conduct of any of its bingo games, disbursed for expenditures in connection therewith and remaining or distributed for charitable purposes. Such records shall be clearly identified and readily accessible. Officials of the city shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with such officials by making such records available.
N. At three month intervals, each licensee shall render to the issuing officer a written accounting of all bingo games held during the three months preceding the date of the accounting. Each such accounting shall contain the following information for the period covered by the accounting:
1. The total number of ordinary bingo cards distributed by the licensee;
2. The total number of pull tab bingo cards distributed by the licensee;
3. The total number of ordinary bingo games conducted by the licensee;
4. The total number of pull tab bingo games conducted by the licensee;
5. The total amount of money collected by the licensee from the sale of bingo cards;
6. The total prize money awarded in bingo games;
7. The total costs of the licensee, other than prizes, attributable to the operation of bingo games;
8. The licensee’s net income from bingo games; and
9. The number and location of the separate fund or account in which the licensee keeps the proceeds derived from bingo games.
O. A licensee may conduct bingo games on only two days during any seven day period. This limitation shall preclude a licensee from conducting a bingo game at the location authorized pursuant to the license where such licensee has conducted two bingo games at any other location pursuant to said license or pursuant to any other license or licenses issued by the city during said seven day period. Any location approved pursuant to a license for the conduct of bingo games may be utilized for the conduct of such games on only two days during any seven day period regardless of the number of licensees permitted to conduct bingo games at such location. Once during each calendar year, the Chief of Police Services may permit a licensee to conduct bingo games for more than two days during any seven day period, provided that such permission shall be limited to bingo games which will be conducted in conjunction with an established annual event regularly held by the licensee, such as an annual festival, bazaar or similar event. A licensee may not conduct bingo games between the hours of twelve midnight and twelve noon.
P. A licensee shall not permit players in excess of five hundred (500) to participate in any single bingo game.
Q. The Chief of Police Services may prescribe such regulations with respect to the conduct of the games and the equipment and cards used by the licensee as he or she deems necessary to ensure the fairness and integrity of the games, and the accountability of the funds collected.
R. Any violation of this section shall be a misdemeanor punishable as set forth in Chapter 1-32 of this code. Any violation of this section shall be grounds for revocation of the license issued for the operation of bingo games.
(OCC § 3-10-030)
4-12.020 Licenses.
A. The form of applications shall specify the name of the organization, frequency with which bingo games will be held, the location in which bingo games will be held, the name of the person or persons who will be responsible for the conduct of the games, the name of the person responsible for keeping the financial records of such activity, and provide for proof that the organization is exempt from the payment of bank and corporation tax by Sections 23701 (a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code, or that the organization is a mobile home park association or a senior citizens organization. A fee in an amount established by resolution of the City Council shall accompany each application.
B. The proof of exempt status in subsection A of this section must consist of a copy of the application for exempt status sent to the State Franchise Tax Board, and a certified copy of the letter from the State Franchise Board granting such exempt status.
(OCC § 5-3-271)