Chapter 5.40
BINGO GAMES
Sections:
5.40.040 Application for license.
5.40.050 Term of license and fees.
5.40.060 Application investigation.
5.40.070 License not transferable.
5.40.100 Application denial, license suspension or revocation.
5.40.010 Definitions.
Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section:
(a) “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.
(b) A “qualified organization” is a mobile home park association, a senior citizens organization, or an organization 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.
(c) “Minor” means a person under the age of eighteen years. (Ord. 404 1, 1977; Ord. 382 (part), 1976)
5.40.020 Authority.
The authority for this chapter is contained in Section 19 of Article IV of the California Constitution and Section 326.5 of the Penal Code. (Ord. 382 (part), 1976)
5.40.030 License required.
(a) It is unlawful for any organization to conduct any bingo games in the city unless such organization is a qualified organization and has been issued a license as provided in this chapter.
(b) It is unlawful for any person to conduct any bingo games in the city unless such person is a member of a qualified organization acting on behalf of such qualified organization that has been issued a license as provided by this chapter. (Ord. 404 2 (part), 1977; Ord. 382 (part), 1976)
5.40.040 Application for license.
Applications for a license or renewal thereof shall be filed with the office of the director of finance on forms prescribed by the director and shall be signed under penalty of perjury. Such application shall be filed:
(a) Not less than thirty days prior to the proposed date of the bingo game or games; and
(b) Not later than thirty days after obtaining written verification from the planning department of the city that there is improved vehicular access to the premises wherein a bingo game is to be conducted and that such premises contain off-street vehicle parking facilities on the basis of not less than one parking space for each two seats. One seat is defined as an area of seven and one-half square feet; and
(c) Not later than thirty days after obtaining written verification from the fire marshal that the operation of such game or games is in compliance with all applicable city, county and state fire laws; and
(d) Such application shall not be filed unless the applicant is a qualified organization which has owned or leased property, or has property whose use is donated to it, within the city of Norco that was used by the applicant for the performance of the purposes for which it is organized, for at least twelve months immediately preceding the filing of such application, and the property upon which the bingo game is to be conducted is property so owned or leased by, or whose use is donated to, the applicant. The provisions of this paragraph shall not apply to any qualified organization that was issued a bingo license, or renewal thereof, by the city of Norco prior to the effective date of Ordinance No. 579 as codified in subsection (d) of this section; provided, however, that the term of such license, or renewal thereof, has not expired or the license has not been revoked. (Ord. 579 1 (part), 1987; Ord. 382 (part), 1976)
5.40.050 Term of license and fees.
The term of a bingo license is twelve months and may be renewed for a period of twelve months any time within two years from its date of issuance, upon application therefore.
The fee for a bingo license, or renewal thereof, shall be fifty dollars and shall accompany the filing of each application. If an application is denied, one-half of the fee paid shall be refunded. (Ord. 404 3, 1977; Ord. 382 (part), 1976)
5.40.060 Application investigation.
Upon receipt of an application for a license, along with the appropriate fee, the director of finance and/or the sheriff shall investigate the truth of the matters set forth in the application and the character of the applicant, and may examine the premises to be used for the bingo game or games.
The director of finance and/or the sheriff may make inquiries to any office or department of the city and to any state of California and federal agencies which the director of finance and/or the sheriff deems essential in order to carry out a proper investigation of applicant and the organization.
Upon approval of any application for a bingo license, the director of finance shall issue the license. (Ord. 382 (part), 1976)
5.40.070 License not transferable.
Each license issued hereunder shall be issued to a specified qualified organization to conduct a bingo game at a specific location and shall in no event be transferable from one organization to another nor from one location to another. (Ord. 404 2 (part), 1977; Ord. 382 (part), 1976)
5.40.080 Limitations.
(a) A qualified organization shall conduct a bingo game only on property owned or leased by it, or on property whose use is donated to such organization, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this subsection (a) shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, such organization.
(b) No minors shall be allowed to participate in any bingo game.
(c) All bingo games shall be open to the public, not just to the members of the qualified organization.
(d) A bingo game shall be operated and staffed only by members of the organization who organized it. No person shall receive or pay a profit, wage, salary or percentage from any bingo game authorized by this chapter. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. Such organization 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, and absent any such written policies, it shall be presumed that the organization has no members who may operate and staff a bingo game. This subsection (d) does not preclude the employment of security personnel, who are not members of the qualified organization, at a bingo game by the organization conducting the game.
(e) No individual, corporation, partnership or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game.
(f) With respect to organizations exempt from payment of the bank and corporation tax by Section 2370 Id 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, that is, for the purposes for which such organizations are organized pursuant to their articles of incorporation or for purposes clearly incidental thereto.
(g) With respect to other organizations authorized to conduct bingo games pursuant to the provisions of the ordinance codified in this section, all proceeds derived from a bingo game shall be kept in a special fund and account and shall not be commingled with any other fund or account. Proceeds are the receipts of bingo games conducted by organizations not within subsection (g) Such proceeds shall be distributed to organizations that are tax exempt under Section 23701d of the Revenue and Taxation Code to be used for charitable purposes as above defined, except as follows:
(1) Such proceeds may be used for prizes;
(2) A portion of such proceeds, not to exceed twenty percent of the proceeds before the deduction for prizes, or one thousand dollars per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel.
The licensee shall keep full and complete accounting records supported by properly executed contracts, leases, receipts, and other related documents which pertain to all moneys, or 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 of Norco 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. At the end of any month during which any bingo game is conducted, the licensee shall file with the director of finance a full and complete financial statement of all monies collected and disbursed and the amount remaining or distributed for charitable purposes.
(3) Such proceeds may be used to pay license fees.
(h) 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.
(i) 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.
(j) No bingo games shall be conducted for more than six hours between the hours of twelve noon and twelve midnight. No such games shall be conducted between the hours of twelve midnight and twelve noon.
(k) Bingo games shall not be conducted, by any organization authorized to do so, for more than one day during any seven-day period. (Ord. 579 Sec. 1 (part), 1987)
5.40.090 Inspection.
Any peace officer of the city of Norco shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license, lists of approved staff and accounting documents relating to all moneys collected, disbursed and distributed available to such peace officer for inspection at all times during any bingo game or during licensee’s normal business hours. (Ord. 579 1 (part), 1987; Ord. 404 7, 1977; Ord. 382 (part), 1976)
5.40.100 Application denial, license suspension or revocation.
The director of finance may deny an application for a bingo license, or suspend or revoke a license, if he finds that the applicant or licensee or any agent or representative thereof has either:
(a) Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this chapter;
(b) Violated any of the provisions or failed to comply with any of the requirements of this chapter.
If after an investigation the director of finance determines that a bingo licensee should be suspended or revoked or that an application for such license be denied, he shall prepare a notice of suspension or revocation of license or denial of application setting forth the reasons for such suspension, revocation or denial. Such notice shall be served personally on the licensee or applicant, or sent by registered or certified mail, postage prepaid, return receipt requested to the licensee’s or applicant’s last address as provided in the application. (Ord. 382 (part), 1976)
5.40.120 Appeal.
Any person who has had an application for a bingo license denied by the director of finance, or who has had a bingo license suspended or revoked by the director of finance may appeal the decision of the director by filing with the clerk of the city within fifteen days after the date of such decision, a written notice of appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper. The clerk shall give written notice of the time and place of the hearing to the appellant.
Such appeal shall be heard by the city. council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. (Ord. 382 (part), 1976)
5.40.130 Penalties.
(a) Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor.
(b) Notwithstanding provisions of subsection (a), any person who receives or pays a profit, wage or salary from any bingo game in violation of subsection (d) of Section 5.40.080 shall be guilty of a misdemeanor, punishable by a fine not to exceed ten thousand dollars. Such fine shall be deposited in the general fund of the city.
(c) All sanctions provided in this section shall be cumulative and not exclusive. (Ord. 579 1 (part), 1987; Ord. 527 8, 1984; Ord. 382 (part), 1976)
5.40.140 Other remedies.
The provisions of Section 5.40.130 of this chapter are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. (Ord. 382 (part), 1976)