4-13
BINGO GAMES.

4-13.1 Definition.

As used in this section:

Bingo shall mean 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.

(Code 1972 §22-80; Ord. #1020, §1)

4-13.2 License Required.

It shall be unlawful for any person, firm, organization or corporation to hold, conduct, participate in or carry on any bingo game, without first having applied for and obtained a license from the City. (Code 1972, §22-81; Ord. #1020, §1)

4-13.3 Organizations Eligible for License to Conduct Bingo Games.

Only such organizations are eligible for a license to conduct bingo games which:

a. Are exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g or 237011 of the Revenue and Taxation Code or which are mobilehome park associations or senior citizen organizations.

b. Own or lease property within the City which is used by such organization for an office or for performance of the purposes for which the organization is organized.

c. Have been in operation within the City for a period of not less than three (3) years prior to making application for a license.

(Code 1972 §22-82; Ord. #1020, §1)

4-13.4 Application for License.

Eligible organizations desiring to obtain or renew such license to conduct bingo games in the City shall file an application in writing with the City License Collector on a form provided by him at least ninety (90) days prior to the proposed effective date of the license. (Code 1972 §22-83; Ord. #1020, §1)

4-13.5 Contents of Application for License.

The application for a license shall contain the following:

a. The name of the applicant organization and a statement that applicant is an eligible organization under subsection 4-13.3.

b. The name and signature of at least two (2) officers including the presiding officer of the organization.

c. The particular property within the City 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 capacity of such place.

d. Proposed day of week and hours of day for conduct of bingo games.

e. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this section as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the License Collector upon violation of any of such provisions.

f. The signature of the applicant under penalty of perjury.

g. The license fee fixed in an amount established by resolution of the City Council shall accompany the application.

h. The applicant shall also submit with its application, a certificate or determination of exemption under the appropriate section of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing exemption under the appropriate section or other proof of eligibility. (Code 1972, §22-84; Ord. #1020, §1; Ord. #1041, §6, Ord. #1140, §27)

4-13.6 Investigation of Applicant.

Upon receipt of the completed application and the fee, the License Collector shall refer the same to interested departments of the City 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. (Code 1972 §22-85; Ord. #1020, §1)

4-13.7 Contents of License.

Upon being satisfied that the applicant is fully qualified hereunder to conduct bingo games, the License Collector shall issue a license to the applicant, which shall contain the following:

a. The name and nature of the organization to whom the license is issued;

b. The address at which bingo games are authorized to be conducted;

c. The occupancy capacity of the room at which bingo games are to be conducted;

d. The day on and tunes during which bingo games may be conducted;

e. The date of the expiration of the license, which shall be not more than one (1) year from the date of issuance; and

f. Such other information as may be necessary or desirable for the enforcement of the provisions of this section.

(Code 1972 §22-86; Ord. #1020, §1)

4-13.8 Summary Suspension of License; Misdemeanor to Continue After Suspension; Revocation.

a. Whenever it appears to the License Collector that the licensee is conducting a bingo game in violation of any of the provisions of Penal Code Section 326.5 or of this section the License Collector shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.

b. Any person who continues to conduct a bingo game after any summary suspension under paragraph a. shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not exceeding five hundred ($500.00) dollars or by imprisonment in jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

c. The order issued under paragraph a. shall also notify the licensee that it shall have five (5) days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the license collector within the five (5) day period, shall result in revocation of the license.

d. Upon such request by the licensee whose license has been suspended under paragraph a., for a hearing to determine whether such license shall be revoked, the License Collector shall provide such hearing within ten (10) days after receipt of such request at which hearing the suspended licensee may appear before the License Collector for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this subsection unless notice of the time and place of such hearing shall have first been given at least five (5) days before the hearing 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. (Ord. #1020, §1; Code 1972 §22-87)

4-13.9 Appeal of Revocation to City Council.

a. Any holder of a license whose license is revoked under this section shall have the right, within ten (10) days after receiving notice in writing of the revocation, to file a written appeal to the City Council. Such appeal shall set forth the specific ground or grounds on which it is based. The City Council shall hold a hearing on the appeal within thirty (30) days after its receipt by the City, or at a time agreed upon and shall cause the appellant to be given at least ten (10) days written notice of such hearing. At the hearing, the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of its appeal. The determination of the City Council on the appeal shall be final.

b. Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the City for a period of one (1) year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of the exemption.

(Code 1972, §22-88; Ord. #1020, §1)

4-13.10 Restrictions on Operations of Bingo Games by Qualified Licensee.

a. Maximum Amount of Prize. The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty ($250.00) dollars in cash or kind, or both, for each separate game which is held.

b. 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 records 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 section. The City, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time; and licensee shall fully cooperate with the City by making such records available.

c. 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 such bingo game.

d. 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.

e. Bingo Games Open to Public. All bingo games shall be open to the public, not just to the members of the licensee organization.

f. 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. The licensee shall not reserve seats or space for any person.

g. Bingo Games Conducted Only on Licensee’s Property. The license issued under this section shall authorize the holder 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 purpose 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 section by an eligible organization, upon application of 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.

h. Minors Not to Participate. No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo games.

i. Intoxicated Persons Not to Participate. No person who is obviously intoxicated shall be allowed to participate in a bingo game.

j. Hours of Operation. No licensee shall conduct bingo games on more than one (1) day per week, nor for more than eight (8) hours per day; and no bingo games shall be permitted before 8:00 a.m. or after 10:00 p.m.

k. 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.

(Code 1972, §22-89; Ord. #1020, §1, Ord. #1166, §1)

4-13.11 Bingo Manager.

a. Requirement. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises within the City, the operation of a bingo game unless such game is conducted under the personal direction of a bingo manager, duly licensed an bonded pursuant to this subsection for each bingo game. The bingo manager shall be present on the premises during the operation of all bingo games.

b. Manager To Be Noncompensated. No person may be licensed as a bingo manager unless he is a nonsalaried, noncompensated member of the organization licensed to conduct bingo games.

c. License. To obtain a bingo manager license, such applicant shall file with the License Collector an application therefor in writing, together with the required fee. The application shall set forth, in addition to such information as may be required by the License Collector:

1. A statement that neither the bingo manager nor the members of the nonprofit organization which operate any bingo game organized by such organization, will receive any profit, wage or salary or any other direct or indirect consideration from any bingo game.

2. A statement that the bingo manager applicant has read and understands all requirements of the law in regard to conducting bingo games in the City, and that such bingo manager will accept full responsibility for the conduct of such bingo card/ticket salespeople under his direction.

d. License Fee. The fee for a bingo manager license shall be in an amount established by resolution of the City Council.

e. Bond or Other Security. At the time of filing with the City Clerk an application for a license as a promoter the applicant shall either:

1. File and maintain with the License Collector a good and sufficient bond in the aggregate sum of five thousand ($5,000.00) dollars running to the City for the use and benefit of interested persons and parties, executed by the applicant and two (2) or more responsible sureties, or a surety company authorized to do business in the State which sureties or surety company shall be approved by the License Collector; or

2. Assign to the City, savings and loan certificates in the sum of five thousand ($5,000.00) dollars.

f. Requirements of Bond. The total aggregate liability on the bond shall be five thousand ($5,000.00) dollars. The bond shall be conditioned upon the strict compliance, by the principal, with the provisions of this section, and the payment of any direct pecuniary loss sustained, through any act of grand or petty theft or other wrongful act on the part of the principal, his agent(s) or employee(s).

g. Term of Bond. The bond shall remain in force and effect for the entire period of the license. The sureties may cancel the bond and be relieved of further liability thereunder by delivering thirty (30) days’ written notice to the License Collector. Such cancellation shall not affect any liability incurred or accrued prior to the termination of the thirty (30) day period.

h. Action on Bond. Any person who sustains any injury covered by the bond may, in addition to any other remedy which he may have, bring an action in his own name upon the bond for the recovery of any damage sustained by him. Upon such action being commenced, such bond shall not be void upon first recovery but may be sued upon from time to time until the whole of the penalty shall be exhausted. The License Collector may require the filing of a new bond, and immediately upon the recovery in any action on such bond, the promoter shall file a new bond or assign savings and loan certificates to the City as provided for in this subsection. Upon failure to file a new bond or assign savings and loan certificates within ten (10) days, the License Collector shall forthwith suspend such promoter’s license.

i. Savings and Loan Certificates. If, in lieu of a bond, an applicant assigns to the City, savings and loan certificates, he shall agree in writing that if the License Collector finds that any person sustains any pecuniary loss through any act of grand or petty theft or other wrongful act on the part of the principal, his agent(s) or employee(s), the City may redeem a sufficient number of such certificates and from the proceeds reimburse such person for loss sustained.

j. Investigation. The License Collector shall issue a manager’s license if he finds:

1. That the applicant is of good moral character and does not have a bad reputation for truth, honesty or integrity.

2. That all of the statements made in such application are and each of them is true and not deceptive or misleading and that the applicant has not violated any of the provisions of this subsection and has not engaged in any fraudulent transaction or enterprise, and that the applicant intends to conduct his business fairly and honestly.

If the License Collector determines that the applicant fails to meet the foregoing conditions, he shall deny the application and refuse to issue a license, and shall notify the applicant of his decision.

(Code 1972 §22-90; Ord. #1020, §1, Ord. #1041, §7, Ord. #1140, §28)

4-13.12 City May Enjoin Violation.

The City may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this section. (Code 1972 §22-91; Ord. #1020, §1)