Chapter 5.50
BINGO GAMES FOR CHARITABLE PURPOSES
Sections:
5.50.030 License required – Limited to charitable organization.
5.50.040 License – Application.
5.50.050 License – Contents of application.
5.50.060 License application – Investigation of applicant.
5.50.080 License – Revocation – Effect.
5.50.090 License – Revocation – Appeal to city council.
5.50.100 License reapplication – When eligible.
5.50.110 Maximum amount of prize.
5.50.120 Profits to be kept in separate fund or account – Examination of records.
5.50.140 Exclusive operation by licensed charitable organization.
5.50.150 Bingo games open to public.
5.50.160 Attendance limited to occupancy capacity.
5.50.170 Where bingo games to be conducted.
5.50.180 Minors not to participate.
5.50.200 Participant must be present.
5.50.210 Receipt of profit by a person – Misdemeanor under state law.
5.50.220 City may enjoin violation.
5.50.010 Purpose.
It is the purpose and intent of the city council in enacting this chapter to enable the following to conduct bingo games:
A. Organizations exempted from the payment of the bank and corporation tax by Sections 23701(a), (b), (d), (e), (f), (g), and (l) of the Revenue and Taxation Code;
B. Mobile home park associations; and
C. Senior citizens’ organizations. (Ord. 376, § 1, Amended by Ord. 389, § 2; 1976 Code § 5-10.01).
5.50.020 Definitions.
Except where the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter. The word “may” is always directory and discretionary and not mandatory; the word “shall” is always mandatory and not directory or discretionary.
A. “Bingo games” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.
B. “Authorized organization” means and includes only the following: Organizations exempted from the payment of the bank and corporation tax by Sections 23701(a), (b), (d), (e), (f), (g), and (l) of the Revenue and Taxation Code, mobile home park associations, and senior citizens’ organizations.
C. “Chief of police” means the chief of police of the city of Millbrae.
D. “City” means the city of Millbrae.
E. “City manager” means the city manager of the city of Millbrae.
F. “City clerk” means the city clerk of the city of Millbrae. (Ord. 376, § 1, Amended by Ord. 389, § 2 and Ord. 698, § 1; 1976 Code § 5-10.02).
5.50.030 License required – Limited to charitable organization.
Only an authorized organization may obtain a license to operate or conduct a bingo game. No authorized organization shall operate or conduct bingo games in the city without first having procured a license from the city to do so and having paid a license fee, the amount of which shall be established by resolution of the city council. (Ord. 376, § 1, Amended by Ord. 389, § 2; 1976 Code § 5-10.03).
5.50.040 License – Application.
An authorized organization desiring to obtain a license to conduct bingo games in the city shall file an application in writing therefor in the office of the city clerk on a form to be provided by the city clerk. The issuing authority shall be the city manager. The license issued shall be for a term of one year from the date of issuance, subject to renewal and payment of the annual license fee. (Ord. 376, § 1, Amended by Ord. 698, § 1; 1976 Code § 5-10.04).
5.50.050 License – Contents of application.
Each application for a license shall contain the following:
A. The name of the applicant organization and a statement that applicant is an eligible authorized organization;
B. The name and signature of at least two officers, including the presiding officer, of the authorized organization and the trustee of any trust;
C. The particular property within the city, including the street number, owned or leased by the applicant, used by such applicant for an officer 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 days of week and hours of day for conduct of bingo games;
E. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the city manager upon violation of any of such provisions;
F. The application shall be signed by the applicant under penalty of perjury;
G. The annual license fee shall accompany the application;
H. The applicant shall also submit, with its application, a copy of a certificate or letter from the Franchise Tax Board evidencing exempt status under Sections 23701(a), (b), (d), (e), (f), (g) or (l) of the Revenue and Taxation Code, if so exempt. (Ord. 376, § 1, Amended by Ord. 389, §§ 3, 4 and Ord. 698, § 1; 1976 Code § 5-10.05).
5.50.060 License application – Investigation of applicant.
Upon receipt of the completed application and the fee, the city clerk shall refer the same to the city manager and the chief of police 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. (Ord. 376, § 1, Amended by Ord. 698, § 1; 1976 Code § 5-10.06).
5.50.070 Contents of license.
Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the city, the city manager shall issue a license to said applicant, which shall contain the following information:
A. The name and nature of the authorized organization to whom the license is issued;
B. The address where bingo games are authorized to be conducted;
C. The occupancy capacity of the room in which bingo games are to be conducted;
D. The date of the expiration of such license;
E. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. (Ord. 376, § 1, Amended by Ord. 389, § 3 and Ord. 698, § 1; 1976 Code § 5-10.07).
5.50.080 License – Revocation – Effect.
Whenever it appears to the city manager that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or of Section 326.5 of the California Penal Code, the license may be revoked; provided, however, the licensee may appear before the city manager at the time fixed by the city manager for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice has first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation. Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the city manager. (Ord. 376, § 1, Amended by Ord. 698, § 1; 1976 Code § 5-10.08).
5.50.090 License – Revocation – Appeal to city council.
Any holder of a license whose license is revoked under this chapter shall have the right, within ten 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 days after its receipt by the city, or at a time thereafter agreed upon, and shall cause the appellant to be given at least ten 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 his appeal. The determination of the city council on the appeal shall be final. (Ord. 376, § 1; 1976 Code § 5-10.09).
5.50.100 License reapplication – When eligible.
Any authorized 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 year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Sections 23701(a), (b), (d), (e), (f), (g) or (l) of the Revenue and Taxation Code, such authorized organization may again apply for a license upon proof of reinstatement of said exemption. (Ord. 389, § 5; Ord. 376, § 1; 1976 Code § 5-10.10).
5.50.110 Maximum amount of prize.
The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. (Ord. 376, § 1; 1976 Code § 5-10.11).
5.50.120 Profits to be kept in separate fund or account – Examination of records.
A. With respect to authorized organizations exempt from payment of the bank and corporation tax by Section 23701(d) 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 authorized organizations authorized to conduct bingo games pursuant to this chapter, all proceeds 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 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 ten percent of the proceeds after the deduction for prizes, or five hundred dollars per month, whichever is less, may be used for rental of property, overhead, and administrative expenses.
B. Each authorized organization licensed 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 chapter. The city, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time, and the authorized organization licensed shall fully cooperate with the city by making such records available. (Ord. 389, § 6; Ord. 376, § 1; 1976 Code § 5-10.12).
5.50.130 Financial interest.
No individual, corporation, partnership, or other legal entity except the authorized organization licensed shall hold a financial interest in the conduct of such bingo games. (Ord. 389, § 3; Ord. 376, § 1; 1976 Code § 5-10.13).
5.50.140 Exclusive operation by licensed charitable organization.
A bingo game shall be operated and staffed only by members of the licensed authorized organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensed authorized organization shall operate such game, or participate in the promotion, supervision or any other phase of such game. The chief of police shall have the right to examine the equipment used in the operation of a bingo game at any reasonable time. (Ord. 389, § 3; Ord. 376, § 1; 1976 Code § 5-10.14).
5.50.150 Bingo games open to public.
All bingo games shall be open to the public, not just to the members of the licensed authorized organization. (Ord. 389, § 3; Ord. 376, § 1; 1976 Code § 5-10.15).
5.50.160 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 as determined by the fire department and building division of the city in accordance with applicable laws and regulations. Seats or space shall not be reserved for any person. (Ord. 376, § 1; 1976 Code § 5-10.16).
5.50.170 Where bingo games to be conducted.
A licensed authorized organization shall conduct a bingo game only on property owned or leased by it, 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 the organization be used or leased exclusively by such organization. The license issued under this chapter shall authorize the holder thereof 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 purposes for which the licensed authorized organization is organized, the license shall have no further force or effect. A new license may be obtained by an authorized organization, upon application under 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. (Ord. 389, § 7; Ord. 376, § 1; 1976 Code § 5-10.17).
5.50.180 Minors not to participate.
No person under the age of eighteen years of age shall be allowed to participate in any bingo game. (Ord. 376, § 1; 1976 Code § 5-10.18).
5.50.190 Hours of operation.
A licensed authorized organization shall not operate or conduct a bingo game between the hours of twelve midnight and eight a.m. of the next succeeding day. (Ord. 389, § 3; Ord. 376, § 1; 1976 Code § 5-10.19).
5.50.200 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. (Ord. 376, § 1; 1976 Code § 5-10.20).
5.50.210 Receipt of profit by a person – Misdemeanor under state law.
It is a misdemeanor under Section 326.5(b) of the Penal Code of the state for any person to receive or pay a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city. (Ord. 389, § 8; Ord. 376, § 1; 1976 Code § 5-10.21).
5.50.220 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 chapter. (Ord. 376, § 1; 1976 Code § 5-10.22).