Chapter 5.22
BINGO GAMES FOR CHARITY
Sections:
5.22.140 Filing of certificate.
5.22.010 Enabling act.
Pursuant to initiative entitled Proposition 9, approved by the state electorate on June 8, 1976, at the state primary election, provision has been made for the operation of bingo games pursuant to Section 19 of Article IV, as amended, of the State Constitution which authorizes the enactment of an ordinance to allow bingo games only for the benefit of organizations exempt 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 and by mobile home park associations and senior citizens organizations; and provided, that the proceeds of such games are used only for charitable purposes. [Ord. 708 § 1, 1977; Ord. 701 § 1, 1977.]
5.22.020 Penalty.
It is a misdemeanor for any person to receive a profit, wage, or salary from any bingo game authorized under this chapter pursuant to Section 19 of Article IV of the State Constitution and a violation of this section shall be punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the city. [Ord. 708 § 2, 1977; Ord. 701 § 1, 1977.]
5.22.030 Minors.
It is unlawful for any minor to participate in any bingo game. [Ord. 701 § 1, 1977.]
5.22.040 Location.
Any nonprofit organization qualified to operate a bingo game under this chapter shall conduct such bingo game only on property owned or leased by it and, if property is used by such organization for an office or for performance of purposes to which the organization is organized, then 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. [Ord. 708 § 3, 1977; Ord. 701 § 1, 1977.]
5.22.050 Open to public.
All bingo games shall be open to the public, not just to the members of the authorized organization. [Ord. 708 § 4, 1977; Ord. 701 § 1, 1977.]
5.22.060 Staffing.
A bingo game shall be operated and staffed only by members of the nonprofit organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo game. 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. [Ord. 708 § 5, 1977; Ord. 701 § 1, 1977.]
5.22.070 Financial interest.
It is unlawful for any individual, corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game to hold a financial interest in the conduct of such bingo game. [Ord. 701 § 1, 1977.]
5.22.080 Special fund.
All profits derived from a bingo game shall be kept by the nonprofit organization in a special fund or account. Such profits shall be used for charitable purposes except as follows:
A. Such proceeds may be used for prizes.
B. A portion of such proceeds not to exceed 20 percent of the proceeds after the deduction of prizes or $2,000 per month, whichever is less, may be used for rental of property, overhead and administration expenses. [Amended during 2007 recodification; Ord. 708 § 6, 1977; Ord. 701 § 1, 1977.]
5.22.090 Personal presence.
It is unlawful for any person to participate in a bingo game unless such person is physically present at the time and place in which the bingo game is being conducted. [Ord. 701 § 1, 1977.]
5.22.100 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. [Ord. 701 § 1, 1977.]
5.22.110 Public notice.
Any organization conducting a bingo game pursuant to this chapter shall post a copy of the ordinance codified in this chapter in a conspicuous place at the location of any and all games conducted pursuant to this chapter. [Ord. 701 § 1, 1977.]
5.22.120 Definition.
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. 701 § 1, 1977.]
5.22.130 License fee.
The city may impose a license fee on each organization which it authorized to conduct bingo games. The fee, whether for the initial license or renewal, shall not exceed $50.00. If an application for a license is denied, one-half of any license fee shall be refunded to the organization. [Ord. 708 § 7, 1977; Ord. 701 § 1, 1977.]
5.22.140 Filing of certificate.
Prior to an organization conducting a bingo game in the city as allowed in this chapter, said organization shall have filed with the director of finance of the city certificates of the Franchise Tax Board and the U.S. Internal Revenue Service that will show that the organization is currently exempted from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code and that a contribution or gift to the organization would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954. [Ord. 701 § 1, 1977.]