Chapter 5.16
BINGO
Sections:
5.16.010 Bingo defined.
5.16.020 Organizations eligible to conduct games.
5.16.030 Permit – Application requirements.
5.16.040 Permit – Term and fees.
5.16.050 Investigation.
5.16.060 Permit – Contents.
5.16.070 Permit – Posting on premises – Transferability.
5.16.080 Premises open to public – Participation restrictions.
5.16.090 Operation and staffing of games.
5.16.100 Profits and proceeds – Recordkeeping requirements.
5.16.110 Prizes.
5.16.120 Minors and intoxicated persons prohibited.
5.16.130 Financial interest prohibited when.
5.16.140 Suspension of games and revocation of permit – Conditions.
5.16.150 Appeal procedure.
5.16.160 Violation – Penalty.
5.16.010 Bingo defined.
“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. (1960 code § 5B.1)
5.16.020 Organizations eligible to conduct games.
Pursuant to Penal Code Section 326.5, those organizations exempt from the payment of tax by Revenue and Taxation Code Section 23701(a), (b), (d), (e), (f), (g) and (1), as well as mobile home park associations and senior citizens’ organizations, are hereby allowed to conduct bingo games in the City if the organizations have complied with this chapter. (Ord. 2065 § 1(A), 2018; 1960 code § 5B.2)
5.16.030 Permit – Application requirements.
A. Any organization desiring to conduct a bingo game shall file an application with the Chief of Police. The application shall contain the following information:
1. The name of the organization and a copy of its certificate of eligibility issued by the franchise tax board if the organization is exempt from taxes by Revenue and Taxation Code Section 23701(a), (b), (d), (e), (f), (g) and (1). If the applicant claims eligibility as a mobile home association or a senior citizens’ organization, a statement describing the membership and purposes of the organization should be submitted;
2. The name and signature of at least two officers, including the presiding officer of the organization;
3. The location where the bingo game will be conducted, together with the occupancy capacity of such place.
B. The application shall be filed by the applicant under penalty of perjury. (Ord. 2065 § 1(A), 2018; 1960 code § 5B.3)
5.16.040 Permit – Term and fees.
A permit shall be valid for one year. The fee for the permit shall be set by resolution in an amount to cover the actual costs of administration. If an application is denied, one-half of the fee shall be refunded. (Ord. 1183 § 1, 1985; Ord. 1162 § 1, 1984; 1960 code § 5B.4)
5.16.050 Investigation.
Upon receipt of the application and fee, the Chief of Police shall have 14 days either to issue the permit or to deny it with a written statement of the reasons for doing so. During that time he may consult with the building inspector, fire department or any other city agency to determine if the location of the game meets applicable city standards. (Ord. 2065 § 1(A), 2018; 1960 code § 5B.5)
5.16.060 Permit – Contents.
The permit shall contain the following information:
A. The name of the organization;
B. The address where the bingo game is authorized to be conducted;
C. The occupancy capacity of the room;
D. The expiration date of the permit. (1960 code § 5B.6)
5.16.070 Permit – Posting on premises – Transferability.
A permit shall be kept on the premises where bingo is conducted. A separate permit shall be required for each location where bingo games are conducted. Permits shall not be transferable from one location to another. (1960 code § 5B.7)
5.16.080 Premises open to public – Participation restrictions.
Bingo games shall be open to the public. It is unlawful for any person to participate in a bingo game unless such person is physically present at the time and place the bingo game is being conducted. (1960 code § 5B.9)
5.16.090 Operation and staffing of games.
A bingo game shall be staffed by members of the organization which obtained the permit. The members shall not receive a profit, wage or salary from any bingo game. Only the organization which obtained the permit shall operate, promote and supervise the game. (1960 code § 5B.10)
5.16.100 Profits and proceeds – Recordkeeping requirements.
In order to assure compliance with subsections A and B of this section, organizations shall keep complete records of both the profits and proceeds collected from the operation of bingo games. Such records shall be retained for at least three years. No organization required to keep records shall refuse to allow authorized representatives of the City to examine such records at reasonable times and places:
A. Requirements of Exempt Organizations. Organizations exempt from taxation pursuant to Revenue and Taxation Code Section 23701(d) shall keep all profits derived from bingo in a special fund or account, and the profits shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes.
B. Requirements of Other Eligible Organizations. All other eligible organizations authorized to conduct bingo games shall keep all proceeds in a special fund or account, and shall not commingle them with any other fund. The proceeds may be used for the following purposes:
1. Prizes not exceeding $250.00 in cash or kind, or both, for each separate game;
2. Ten percent of the proceeds (after deduction for prizes) or $500.00, whichever is less in any one month, may be used for rental expenses, overhead and administrative expenses;
3. Any remaining proceeds shall be used only for charitable purposes. (Ord. 2065 § 1(A), 2018; 1960 code § 5B.12)
5.16.110 Prizes.
The total value of 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. (1960 code § 5B.13)
5.16.120 Minors and intoxicated persons prohibited.
No person under the age of 18 years shall be allowed to participate in any bingo game. No person who is obviously intoxicated shall be allowed to participate in a bingo game. (1960 code § 5B.8)
5.16.130 Financial interest prohibited when.
It is unlawful for any individual, corporation, partnership or other legal entity, except the organization authorized to conduct a bingo game, to hold financial interest in the conduct of such bingo game. (1960 code § 5B.11)
5.16.140 Suspension of games and revocation of permit – Conditions.
A. If any bingo game is conducted in violation of this chapter, the Chief of Police, or his representative, may stop any bingo game in progress and initiate proceedings in accordance with this section.
B. If a permit has been issued and the Chief of Police determines that the permit is revocable because of violation of this chapter, he shall serve the permittee a notice of intent with the reason for the proposed revocation. The notice shall provide for revocation within seven days after service of the notice, unless the permittee requests an informal hearing with the Chief of Police.
C. The Chief of Police shall give at least five days’ prior written notice of the time and place of the hearing. A written decision shall be issued within seven days after the hearing. (Ord. 2065 § 1(A), 2018; 1960 code § 5B.14)
5.16.150 Appeal procedure.
An applicant who wishes to appeal a revocation or denial of a permit may do so in accordance with the provisions of Chapter 1.22 LMC. (Ord. 2052 § 1(G), 2017; 1960 code § 5B.15)
5.16.160 Violation – Penalty.
No person shall pay or receive a profit, wage or salary from any bingo game authorized under this chapter. Payment or receipt of a profit, wage or salary shall be punishable by a fine up to $10,000, and is a misdemeanor. Any other violation of this chapter shall be a misdemeanor. (1960 code § 5B.16)