Chapter 5.30 BINGO GAMES

The city is authorized pursuant to Section 19, Article IV, of the Constitution of the state of California and Section 326.5 of the Penal Code of the state of California to provide for, and does provide for, bingo games, but only for charitable purposes in accordance with the provisions of this chapter. (Ord. 271 § 1 (part), 1976).

5.30.020 License—Required.

No person, firm, corporation, organization, or association shall engage in, carry on, maintain, conduct, or cause to be engaged in, carried on, maintained or conducted, a bingo game in the city without first having secured a license from the city clerk in accordance with the requirements of this chapter, nor without complying with the regulations contained herein pertaining to the operation of bingo games. (Ord. 271 § 1 (part), 1976).

5.30.030 License—Eligible organizations.

Corporations, community chests or trusts, organized and operated exclusively for religious, charitable, scientific, testing for the pubic safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, excepted from the payment of the Bank and Corporation Tax by Section 23701a, Section 23701b, Section 23701d, Section 23701e, Section 23701f, Section 23701g, and Section 23701l, of the Revenue and Taxation Code of the State of California and by mobile home park associations and senior citizens organizations, and a contribution or gift to which would be a charitable contribution under Section 170(c) (2) of the Internal Revenue Code of 1954, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter. (Ord. 503 § 1 (part), 1993: Ord. 271 § 1 (part), 1976).

5.30.040 License—Application—Form—Fee—Term.

Applications for a license to conduct bingo games pursuant to this chapter shall be executed under penalty of perjury and submitted to the city clerk on forms to be obtained from the city clerk upon payment of the license fee prescribed in Section 5.30.060F. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee. (Ord. 271 § 1 (part), 1976).

5.30.050 License—Issuance conditions.

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.30.030 and its application conforms to the requirements, terms and condition of this chapter. (Ord. 271 § 1 (part), 1976).

5.30.060 License—Application—Contents.

Said application for a license shall contain the following:

A. The name of the applicant organization and a statement that applicant is an eligible under Section 5.30.030;

B. The name and signature of at least two officers, including the presiding officer of the corporation, community chest, mobile home park association, or senior citizens organization, and the trustee of any trust;

C. A list of the names of members of the applicant organization who will, from time to time, operate and staff bingo games;

D. 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;

E. Proposed days of week, and hours of day for conduct of bingo games;

F. The applicant shall pay a fee of fifty dollars for the initial license and for each renewal, payable annually. If an application for a license is denied, one-half of any license fee paid will be refunded;

G. The applicant shall also submit, with its application, a letter or other evidence from the State Franchise Tax Board showing that the applicant is exempted from the payment of the bank and corporation tax by Section 23701a, Section 23701b, Section 23701d, Section 23701e, Section 23701f, Section 23701g and Section 23701l of the Revenue and Taxation Code;

H. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code of the state of California 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 chief of police upon violation of any of such provisions;

I. Said application shall be signed by the applicant under penalty of perjury. (Ord. 503 § 1 (part), 1993; Ord. 271 § 1 (part), 1976).

5.30.070 License—Application—Investigation.

Upon receipt of completed application, the city clerk shall cause an investigation to be made to determine if all of the statements in the application are true and shall refer the application to other interested departments of the city, including, but not limited to the chief of police, the planning commission, building inspector and fire chief, to determine if the appropriate zoning ordinances and regulations, building code ordinances, health ordinance and regulations, and the provision of the Uniform Fire Code have been or will be complied with. (Ord. 271 § 1 (part), 1976).

5.30.080 License—Contents.

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city, the city clerk shall issue a license to said applicant, which shall contain the following information:

A. The name and nature of the 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. 271 § 1 (part), 1976).

5.30.090 License—Posting, display required when.

An organization licensed pursuant to this chapter shall not conduct or permit to be conducted a bingo game unless said license is posted in a conspicuous place during the conduct of any bingo game. The licensee shall produce and exhibit the same, when applying the renewal thereof, and whenever requested to do so by any peace officer or officer authorized to issue, inspect or collect licenses. (Ord. 271 § 1 (part), 1976).

5.30.100 License—Suspension—Chief of police authority—Hearing.

A. Whenever it appears to the chief of police that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the chief of police 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 thereof under subsection A of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

C. The order issued under subsection A of this section shall also notify the licensee that it shall have five 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 chief of police within said five-day period, shall result in a revocation of the license.

D. Upon such request by the licensee, whose license has been suspended under subsection A of this section, for a hearing to determine whether such license shall be revoked, the chief of police shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the chief of police for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof 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.

E. 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 chief of police. (Ord. 271 § 1 (part), 1976).

5.30.110 License—Revocation—Notice—Hearing.

A. Whenever it appears to the chief of police that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered under Section 5.30.100, the license may be revoked; provided, however, the licensee may appear before the chief of police at the time fixed by the chief of police for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have 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 grounds advanced as the basis of the revocation.

B. 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 chief of police. (Ord. 271 § 1 (part), 1976).

5.30.120 License—Revocation—Hearing—City council authority—Reapplication permitted when.

A. 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 applicant 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.

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 year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701a, Section 23701b, Section 23701d, Section 23701e, Section 23701f, Section 23701g and Section 23701l of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption. (Ord. 503 § 1 (part), 1993; Ord. 271 § 1 (part), 1976).

5.30.130 Bingo defined.

As used in this chapter, “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. (Ord. 271 § 1 (part), 1976).

5.30.140 Prizes—Maximum amount permitted.

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. 271 § 1 (part), 1976).

5.30.150 Recordkeeping requirements.

A. With respect to organizations exempt from payment of the Bank and Corporation Tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701l of the Revenue and Taxation Code, all profits derived from the 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.

B. With respect to other 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. Proceeds are the receipts of bingo games conducted by organizations not within subsection A of this section. 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 twenty percent of the proceeds before the deduction for prizes, or two 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;

3. Such proceeds may be used to pay license fees;

4. If the monthly gross receipts from bingo games of an organization within this section exceed five thousand dollars, a minimum percentage of the proceeds shall be used only for charitable purposes not relating to the conducting of bingo games and the balance shall be used for prizes, rental of property, overhead, administrative expenses and payment of license fees, subject, nevertheless to the limitations specified in paragraph 2 of this subsection.

C. 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 chapter. The city, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time, and licensee shall fully cooperate with the city by making such record available. (Ord. 561 § 1, 1996; Ord. 503 § 1 (part), 1993: Ord. 271 § 1 (part), 1976).

5.30.160 Outside financial interests prohibited.

No individual, corporation, partnership or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. (Ord. 271 § 1 (part), 1976).

5.30.170 Staff requirements.

A bingo game shall be operated and staffed only by members of the licensee organization whose names shall have been previously given to the chief of police in accordance with Section 5.30.060(C). Such members shall at all times during the conduct and operation of any bingo game be conspicuously identified by a name tag or other appropriate means, as members authorized to operate and staff such game. 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. (Ord. 271 § 1 (part), 1976).

5.30.180 Games to be open to public.

All bingo games shall be open to the public, not just to the members of the licensee organization. (Ord. 271 § 1 (part), 1976).

5.30.190 Attendance limited—Reserving seats prohibited.

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 inspector of the city in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person. (Ord. 271 § 1 (part), 1976).

5.30.200 Games permitted where.

A licensee 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. 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 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 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. 271 § 1 (part), 1976).

5.30.210 Participation by persons under eighteen prohibited.

No person under the age of eighteen years of age shall be allowed to participate in any bingo game. (Ord. 271 § 1 (part), 1976).

5.30.220 Playing on credit prohibited.

No licensee shall issue chips or money to a patron on credit or loan, including but not limited to IOU’s and checks to be held, or allow any patron to play on credit. (Ord. 271 § 1 (part), 1976).

5.30.230 Participation by intoxicated persons prohibited.

No person who is in a state of intoxication shall be allowed to participate in a bingo game. (Ord. 271 § 1 (part), 1976).

5.30.240 Hours of operation—Time limit.

No licensee shall conduct any bingo game more than six hours out of any twenty-four-hour period. No bingo game shall be conducted before nine a.m., nor after two a.m. of any day. (Ord. 271 § 1 (part), 1976).

5.30.250 Posting of rules and regulations required.

The licensee shall post in a conspicuous place during the conduct of any bingo game the rules and regulations of said game. (Ord. 271 § 1 (part), 1976).

5.30.260 Participants required to 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. 271 § 1 (part), 1976).

5.30.270 Receiving profits or wages from games prohibited.

It is a misdemeanor under Section 326.5(b) of the Penal Code of the state of California for any person to receive 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. (Ord. 271 § 1 (part), 1976).

5.30.280 Violation—City authority to bring court action.

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. 271 § 1 (part), 1976).