Chapter 4.26 BINGO

Pursuant to the authority provided in Section 7, Article XI, and Section 19(c), Article IV, of the California State Constitution and Section 326.5 of the California Penal Code, the city establishes the following requirements for the conduct of bingo games by organizations of the type described in RCMC 4.26.035. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A), (C)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 578 § 12 (part), 1983].

4.26.005 License required.

A. No organization, individual, or other entity shall conduct a bingo game in the city of Rancho Cordova without possessing a valid, unrevoked and unexpired special business license issued pursuant to the provisions of this chapter and Rancho Cordova administrative regulations adopted pursuant to this chapter, and except in conformance with Section 326.5 of the California Penal Code, or any other applicable state of California, city of Rancho Cordova, federal law, or administrative rule or regulation, as they may be amended from time to time.

B. No more than two bingo parlors shall be permitted to operate within the limits of the city of Rancho Cordova at any given time. Chapter 23.313 RCMC, Table 23.313-1, designates the zoning districts where a bingo parlor may operate once a license is obtained.

C. No organization, individual, or other entity shall, unless by authority of a valid, unrevoked and unexpired special business license issued pursuant to the provisions of this chapter, operate a bingo parlor in the city of Rancho Cordova, whether singularly or in connection with another type of enterprise. A person shall be deemed to operate or conduct a bingo parlor and violate this section if the person, without a special business license, supervises, directs, organizes, controls or is in any way responsible for or in charge of a bingo parlor for which a special business license is required. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 578 § 12 (part) 1983].

4.26.010 Definitions.

“Bingo,” as used in this chapter, means a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered on a tangible card in a player’s possession that conform to numbers or symbols selected at random and announced by a live caller.

“Bingo parlor” means a building, facility, or other improvement upon which space is leased, rented or otherwise allocated for monetary consideration to an organization possessing a special business license pursuant to this chapter, within or upon which bingo games sponsored by the licensed organization are conducted.

Card Minders. The game of bingo includes the use of a bingo card minder in conjunction with bingo cards to assist a bingo player participating in bingo games to identify a winning card, when used under the conditions set forth in California Penal Code Section 326.5(p) and RCMC 4.26.167(B).

“Cards” refers to a cardboard or paper card. It is permissible for a “card” to be a sheet of paper with multiple card faces preprinted on it. All cards, including pulltabs, shall be preprinted prior to the point of sale and bear the legend as follows: “For sale or use only in a bingo game authorized under California law and pursuant to local ordinance.”

Pulltabs. The game of bingo shall include cards having numbers or symbols that are concealed and preprinted in a manner providing for the distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game.

“Security” means the person(s) who protects bingo players, bingo licensees, and volunteers from exposure to danger. The security person(s) shall be prohibited from the sale or the distribution of bingo materials or otherwise participating in nonsecurity activities before, during, and after the bingo session. However, this provision does not preclude security from accompanying the licensee with the session’s net proceeds to a night depository immediately after the session.

Session. A bingo session shall not exceed six hours in duration. A session may consist of only live called games and the sale of pulltabs. A session begins when the first game starts by drawing the first random number and ends when the winning card or cards are identified for the final scheduled game of the session. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1155 § 1, 1999; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 578 § 12 (part), 1983].

4.26.015 Limitation of bingo game prizes.

The total value of prizes awarded during the conduct of any bingo game shall not exceed $500.00 in cash or kind, or both, for each separate game which is held. A bingo game begins when the first number is drawn and ends when the winning card or cards are identified and verified. [Ord. 17-2018 § 3 (Exh. A)].

4.26.020 Membership requirement.

A. Each licensee shall have written policies incorporated in its constitution, articles, bylaws, or other regulations setting forth the manner in which a person may become a bona fide member of the organization. Absent any such written policies, it shall be presumed that the organization has no members who may operate a bingo parlor or staff bingo games within the meaning of Section 326.5 of the California Penal Code.

B. The licensee shall keep a full and accurate list of its members. The chief of police or any other authorized representative of the city is entitled to examine and investigate such list at any reasonable time, and the licensee shall cooperate in making such records available upon demand of the chief of police. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 578 § 12 (part), 1983. Formerly 4.26.025].

4.26.025 Prohibition of member participation in staffing bingo games.

A volunteer or member shall not participate in the staffing of bingo games if the chief of police makes a finding that such volunteer or member:

A. Has violated any applicable prohibition or requirement of this chapter or title or applicable administrative regulations adopted pursuant to this chapter or title, or has been convicted of a crime, and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Section 1203.4 of the California Penal Code; or

B. Has done any act involving dishonesty, fraud or deceit with intent to substantially benefit him or herself, or another, or substantially injure another; and

C. That by reason of the violation, crime, or act, the member may perform his or her duties of staffing the bingo game in an unlawful manner or in a manner which subjects patrons of the bingo game to risk of harm or criminal, deceitful or otherwise unethical practices.

D. Is an agent, employee, servant, contractor, subcontractor or consultant of any bingo supplier or bingo parlor operator or has received or accepted any sort of salary, compensation, gratuity, consulting fee or any other thing of value in any form, in any amount, from a bingo supplier or bingo parlor operator in the prior three years. This prohibition extends to all volunteers or members whose immediate family members, including spouses, parents, children or siblings, by blood or affinity, have received employment or compensation from any bingo supplier or bingo parlor operator.

Notwithstanding the foregoing, a member shall not be prohibited from staffing a bingo game solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01 et seq. of the California Penal Code, or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person under Section 4852.05 of the California Penal Code. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995. Formerly 4.26.027].

4.26.030 Chief of police.

The city chief of police is charged with the responsibility of administering the regulations imposed by this chapter and exercising the authority conferred thereby. Such authority shall include the power and duty to issue special business licenses authorizing bingo games or to operate a bingo parlor, promulgate and enforce administrative regulations, and otherwise perform the duties and exercise the authorities conferred herein. The chief of police may designate the assistant chief of police or other qualified employee to carry out the duties of this chapter. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 578 § 12 (part), 1983].

4.26.035 Organizations eligible for license.

Pursuant to Section 19(c) of Article IV of the California Constitution, California Penal Code Section 326.5 and the provisions of this chapter, no individual, corporation, partnership or legal entity shall be permitted to conduct a bingo game or operate a bingo parlor except organizations exempt from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the Revenue and Taxation Code, mobile home park associations and senior citizens organizations; provided, that the receipts of such games are used for charitable purposes. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 578 § 12 (part), 1983].

4.26.040 Contents of the application.

In addition to the matters prescribed by RCMC 4.10.030, an application for a special business license to conduct bingo games shall contain the following:

A. The names and signatures of at least two officers, including the presiding officer of the organization who will be primarily responsible for conducting bingo games. In the event of any change in persons holding such offices, the licensee shall within 10 days of change notify the chief of police, in writing, of such change, specifying the name, address, date of birth, and telephone number of such officer(s);

B. A description of the property on which bingo games will be conducted, including the street number, whether owned or leased, applicant’s current use of the premises, and the occupancy capacity of the property;

C. A copy of the deed, lease or other written instrument by which the applicant will acquire entitlement to occupy the premises where the bingo games will be conducted, and a description of all uses which the applicant will make of the premises;

D. A statement of the specific charitable purpose(s) for which the applicant is organized;

E. Proposed day(s) of the week and hours for conduct of bingo games;

F. Such proof as may be required by the chief of police that the applicant is eligible and qualified to receive a special business license under RCMC 4.26.035. If eligibility is based on an exemption from payment of the bank and corporation tax, the application shall be accompanied by a certificate of determination of exemption under the applicable section of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board showing such exemption;

G. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the California Penal Code, this chapter, Rancho Cordova administrative regulations adopted pursuant to this chapter, or any other applicable state of California, city of Rancho Cordova, federal law, or administrative rule or regulation, as may be amended from time to time, and agrees that the license may be revoked by the chief of police upon violation of any such provisions;

H. A detailed summary, showing all sources and amounts of income and expenditures of the organization including the amounts, recipients and the purpose for which the expended funds were used, for a period of not less than one year prior to the dates of the application;

I. A detailed statement, describing the accommodations and auxiliary aids and services, which comply with this chapter and Section 326.5 of the Penal Code, that will be provided by the applicant during its bingo sessions to enable the play of bingo by those individuals with disabilities; and

J. Said application shall be signed by the applicant under penalty of perjury. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 578 § 12 (part), 1983].

4.26.042 Additional application requirements for bingo parlors.

In addition to the matters prescribed by RCMC 4.10.030 and 4.26.040, an application for a special business license to operate a bingo parlor shall contain the following:

A. A copy of all leases, contracts or other agreements regarding the use or occupancy of the bingo parlor by and between the licensee and any organization licensed to conduct bingo games pursuant to this chapter;

B. A description of all uses which any organization licensed pursuant to this chapter shall make of the bingo parlor premises; and

C. A detailed description of the facility, services, resources and security personnel which the licensee shall provide to each organization licensed pursuant to this chapter which shall operate or conduct a bingo game at the bingo parlor. [Ord. 17-2018 § 3 (Exh. A)].

4.26.045 Bingo manager.

Concurrently with the filing of an application, each applicant shall file a statement specifying the name, address, telephone number and birth date of one or more persons who shall manage, supervise and be responsible for the conduct of all bingo games by said applicant. Said person(s) shall be known as the bingo manager(s), shall sign said statement accepting such responsibility and shall be present on the premises at all times during which bingo games are conducted. In the event any other person is designated as the bingo manager by any licensee, such licensee shall within 10 days of such designation file a new statement containing all of the data specified in this section.

No person meeting the definition under RCMC 4.26.025(D) may serve as bingo manager. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 578 § 12 (part), 1983].

4.26.050 License fee.

Each holder of a special business license to conduct bingo games shall, pursuant to the authority conferred by Section 326.5 of the California Penal Code, pay to the chief of police a fee of $50.00 paid upon application for a special business license or the application for renewal thereof. An additional fee, prescribed by a resolution of the city council, for law enforcement and public safety costs incurred by the city that are directly related to bingo activities may be imposed and shall be collected monthly by the city and such additional fee shall not exceed the actual costs incurred in providing the service. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 578 § 12 (part), 1983].

4.26.055 Issuance of license.

The chief of police shall issue a special business license to conduct bingo games or operate a bingo parlor unless one or more of the findings prescribed by RCMC 4.10.040 are made, or the chief of police makes one or more of the following findings in writing:

A. The bingo games will be a fraud on the public;

B. Bingo games or the bingo parlor will be conducted at a location, managed in a manner or the proceeds thereof will be accounted for or expended in a manner which violates, or the applicant has violated, Section 326.5 of the California Penal Code, this chapter, or any other applicable state of California, city of Rancho Cordova, federal law, or administrative rule or regulation, as they may be amended from time to time;

C. The identity of the applicant or proposed method or methods of conducting bingo games are contrary to the provisions of Section 326.5 of the California Penal Code, this chapter, Rancho Cordova administrative regulations adopted under this chapter, or any other applicable state of California, city of Rancho Cordova, federal law, or administrative rule or regulation as they may be amended from time to time;

D. The applicant will be maintaining an inadequate system of recordkeeping and accounting relating to the conduct of the games and disposition of the proceeds therefrom;

E. The applicant intentionally provided false information on the application, or the application does not conform to the requirements, terms, and conditions of this chapter, Section 326.5 of the California Penal Code, or any other applicable state of California, city of Rancho Cordova, federal law, or administrative rule or regulation, as they may be amended from time to time; or

F. The applicant or one of its officers, managers or board members holds a current license under Chapter 4.29 RCMC or an officer, manager or member of the governing board of the applicant or an immediate family member of a manager, officer or member of the governing board is an employee, agent, contractor, subcontractor or consultant for a bingo supplier or bingo parlor operator or has received a salary, compensation, gratuity or anything of value in any amount from a bingo supplier or bingo parlor operator or any agent thereof within the prior three years. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 578 § 12 (part), 1983].

4.26.060 Posting of license.

The special business license shall be conspicuously posted at the location of the bingo games. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 578 § 12 (part), 1983].

4.26.062 Employee permits.

A. No person shall work in a bingo parlor as a bingo parlor manager and no person who holds a special business license authorizing operation of a bingo parlor shall employ any person as a bingo parlor manager unless such person possesses a valid employee permit or a special business license issued pursuant to the provisions of Chapter 4.10 RCMC and this chapter.

B. In addition to the matters prescribed by RCMC 4.10.080, an application for an employee permit to serve as a bingo parlor manager shall contain a list of each arrest resulting in either a conviction, a plea of guilty or a plea of nolo contendere. This list shall, for each such conviction, plea of guilty or plea of nolo contendere, set forth the date of arrest, the offense charged and the offense for which the applicant was convicted, or entered a plea of guilty or plea of nolo contendere.

C. Upon receipt of an application for an employee permit to serve as a bingo parlor manager, the chief of police shall conduct such investigation pursuant to RCMC 4.10.085 as is deemed necessary. The chief of police shall issue the permit pursuant to RCMC 4.10.090 unless he or she finds any of the following:

1. That the application fails to contain information required by the chief of police, this chapter or is otherwise incomplete;

2. That information contained in the application is false or otherwise inaccurate;

3. That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Section 1203.4 of the California Penal Code, or has done any act involving dishonesty, fraud or deceit with intent to substantially benefit him or herself or another, or substantially injure another, and the chief of police concludes that by reason of the crime or act the applicant may not perform his or her duties as a bingo parlor manager in a law-abiding manner or in a manner which does not subject patrons of the bingo parlor to risk of harm or criminal, deceitful or otherwise unethical practices. Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01 et seq. of the California Penal Code, or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Section 4852.05 of the California Penal Code;

4. That the applicant has violated or is in noncompliance with any of the provisions of this chapter, Section 326.5 of the California Penal Code, Rancho Cordova administrative regulations adopted pursuant to this chapter, or any other applicable state of California, city of Rancho Cordova, federal law, or administrative rule or regulation, and as they may be amended from time to time; or

5. That the applicant or any member of the applicant’s immediate family defined as parent, child, spouse, or sibling by blood or affinity is affiliated with any person or entity which holds a current license under Chapter 4.29 RCMC or is presently, or in the prior five years has served as, a manager, officer, member of a governing board or volunteer for any bingo licensee or bingo supplier or received any salary, compensation, gratuity, gift or anything of value in any amount from any bingo licensee or bingo supplier.

D. An employee permit may be revoked or suspended pursuant to RCMC 4.10.140 upon any of the following grounds:

1. Violation of any of the duties, terms, conditions, requirements or prohibitions contained in this chapter, in the Rancho Cordova administrative regulations adopted pursuant to this chapter, Section 326.5 of the California Penal Code, or any other applicable state of California, city of Rancho Cordova, federal law, or administrative rule or regulation, as they may be amended from time to time;

2. Violation of any duties, terms, conditions, requirements or prohibitions imposed by Chapter 4.02 or 4.10 RCMC;

3. Misrepresentation of a material fact contained in the application for the permit; or

4. The chief of police has acquired information supporting a finding as described by this subsection in relation to the holder of the permit. [Ord. 17-2018 § 3 (Exh. A)].

4.26.065 Profits – 23701d organizations.

With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d 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 expended only for the charitable purposes stated in the application for bingo license or in the articles of incorporation of such organization. These profits shall not be used for the private gain of any individual. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 578 12 (part), 1983].

4.26.070 Proceeds – Other organizations.

A. With respect to organizations licensed under this chapter which are not exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, 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. These proceeds shall not be used for the private gain of any individual. The proceeds shall be expended only for the charitable purposes stated in the application for bingo license or in the articles of incorporation of such organization, except as follows:

1. Such proceeds may be used for prizes;

2. A portion of such proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes, or $2,000 per month, whichever is less, may be used for rental of property, overhead, the purchase of bingo equipment, administrative expenses, security equipment and security personnel; and

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

B. A licensee shall be deemed to violate subdivision (k)(2) of Section 326.5 of the California Penal Code and this section if expenses during any particular month exceed $2,000. If expenses do not exceed $2,000 per month, the 20 percent limitation shall be applied annually at the conclusion of each 12 months of operation. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 0711 § 1, 1988; SCC 578 § 12 (part), 1983].

4.26.075 Facility and records – Compliance examination and inspection.

A. The licensee shall keep full and accurate records of the income received and expenses disbursed in connection with its operation, conduct, promotion, supervision, and any other phase of bingo games or a bingo parlor. Such records are to include but are not limited to ledgers and accounts relating to inventory, proceeds, expenditures, and the distribution of all profits derived from bingo games, and any other records as are necessary to determine or establish compliance with the provisions of this chapter, Rancho Cordova administrative regulations adopted pursuant to this chapter, Section 326.5 of the California Penal Code, or any other applicable state of California, city of Rancho Cordova, federal law, or administrative rule or regulation, as they may be amended from time to time. The records shall be of such types and maintained in such manner as may be prescribed by the chief of police; and when not so prescribed, shall be of such types and maintained according to the requirements of generally accepted principles of accounting.

B. The chief of police or any other authorized representative of the city shall have the right to inspect the bingo parlor, conduct a compliance examination, review, audit, or photocopy bingo licensee records as described in subsection (A) of this section at any reasonable time, without having to obtain a search warrant and the license holder shall fully cooperate by making such records and photocopies thereof available to the chief of police upon demand. The licensee shall deliver the records for the purpose of a compliance examination, review, audit, inspection, or for photocopying to the office of the chief of police during reasonable hours upon demand of the chief of police.

C. Compliance examinations may be conducted by the chief of police of bingo licensee records described in subsection (A) of this section not less frequently than annually, for each 12 months of each licensee’s operation.

D. If the organizational structure of the licensee is such that an umbrella organization disburses bingo proceeds to member organizations, the records described in subsection (A) of this section which are subject to examination, review, audit, inspection, or photocopying shall include both the bingo records of the umbrella organization and its member organizations. For purposes of this section, an “umbrella organization” is defined as a nonprofit, income tax exempt, charitable organization which is organized for the purpose of providing financial support to other nonprofit, income tax exempt, charitable organizations.

E. Records described in subsection (A) of this section shall be subject to disclosure only pursuant to:

1. Any suspension, revocation or other proceeding conducted under this chapter or the Rancho Cordova administrative regulations adopted pursuant to this chapter; or

2. Any civil or criminal investigation conducted by the chief of police, the district attorney, the grand jury or the city attorney. For all other purposes, the records shall be kept confidential by the chief of police, as custodian of those records. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 0711 § 3, 1988; SCC 578 § 12 (part), 1983].

4.26.080 Retention of records.

The licensee shall keep and preserve the records described in RCMC 4.26.075(A) for the following period of time, whichever occurs later:

A. Three years;

B. Until completion of a compliance examination; or

C. Until the administrative or judicial appeal process, whichever is applicable, is final, if the license has been suspended, revoked, or a renewal denied. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 0711 § 3, 1988; SCC 578 § 12 (part), 1983].

4.26.083 Limitation of involvement in bingo.

The bingo licensee shall not allow another person, sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture or other individual or entity to organize, manage, supervise, conduct, control or otherwise participate in or influence either the operation of its bingo game or the promotion thereof. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 §5, 1995].

4.26.085 Prohibition of financial interest in bingo.

A. No individual, corporation, partnership, or other entity except the bingo licensee shall hold a financial interest in the conduct of any bingo game. A financial interest includes, but is not limited to, situations in which a bingo licensee maintains accounts payable to a parlor licensee for parlor rents and other costs beyond the next day of bingo operation, or maintains accounts payable to a bingo supplier beyond 30 days of the invoice date or 10 days of the statement date, whichever occurs later. For purposes of this subsection, “invoice date” is defined as the date of delivery of such supplies and “statement date” is defined as the date within 30 days of the delivery of supplies.

B. A licensee that has not paid its supplier account(s) or parlor account(s) within the period provided in subsection (A) of this section shall not purchase additional supplies from any supplier or rent or incur other costs from any parlor until all accounts are brought into compliance with the required payment periods provided in subsection (A) of this section.

C. Financial interest includes any salary, compensation, gratuity; or any payment or gift of any value from any bingo supplier or bingo parlor operator; or any agents thereof to any licensee officer, manager, governing board member; or any member of the licensee organization or its volunteers during the prior three years. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989; SCC 578 (part), 1983].

4.26.090 Exclusive operation by licensee.

Only the bingo licensee shall operate bingo games or participate in the promotion, supervision, or any other phase of the games. Bingo games shall be operated and staffed solely by members of the licensee; except that the licensee may retain or employ security personnel at such bingo games. Such members shall not receive a profit, wage, salary, or compensation from bingo proceeds or bingo profits for services rendered from any bingo game. The term “compensation” as used in this section includes, but is not limited to, cash, bingo paper, pulltabs, coupons, redeemable vouchers, discounts, or payment in kind. Neither the provisions of subdivisions (b) or (h) of Section 326.5 of the California Penal Code nor those of this section shall be deemed violated if a bingo licensee reimburses members staffing the games for the actual and necessary costs which they incur in providing services associated with the conduct of the games. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989].

4.26.095 Staff member identification.

Any person participating in the operation, conduct or staffing of any bingo game shall wear on his or her outside clothing, in plain view, an identification insignia or badge measuring not less than two and one-half inches by three and one-half inches in size and specifying the name and title of such person and the name of the licensee organization. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989].

4.26.100 Attendance limited to occupancy capacity.

A. 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 the game is conducted as determined by the fire department or district having jurisdiction in accordance with applicable laws and regulations; and to any occupancy conditions included on any applicable use permit or county issued license authorizing the activity on the property on which the activity is located.

B. It is unlawful for a licensee to knowingly authorize or permit and unlawful for any person to reserve seats or space where bingo games are conducted. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989].

4.26.105 Licensing of premises.

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 for the conduct of bingo games by the licensee, the license shall have no further force or effect. The bingo licensee shall file a new application, and such application shall be processed pursuant to the provisions of this chapter, in order for the eligible organization to conduct bingo games at a new location or address. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989].

4.26.110 Operating rules.

Each licensee shall formulate, publish and post in a conspicuous place at the location of the bingo games written rules by which the bingo games are conducted and which recite the prohibitions described below. It is unlawful for a licensee to knowingly authorize, permit, and unlawful for any person to do any of the following:

A. Provide or award total prizes for each separate bingo game which exceed $500.00 in cash or kind, or both;

B. Limit attendance or participation in such games to members of the licensee or otherwise deny attendance or participation to any member of the general public who complies with the rules of the game and conducts himself or herself in an orderly and law-abiding manner;

C. Participate in a bingo game, if the participant is under the age of 18;

D. Participate in a bingo game where alcoholic beverages are consumed in the room where the bingo games are conducted or if the participant is under the influence of alcohol;

E. Participate in bingo games, unless personally present at the location of the games at the time the games are being conducted.

In this section “participate” is defined as including, but not limited to, the handling of bingo supplies or receipts during any bingo session. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989].

4.26.115 Location of games.

A licensee shall conduct bingo games only on property owned or leased by it, or property whose use is donated to the licensee, and which property is used by such licensee for performance of the charitable purposes for which the organization is organized. Nothing in this section shall be construed to require that the property be owned or leased exclusively by or donated exclusively to such organization. The requirements of the provisions of subdivision (f) of Section 326.5 of the California Penal Code and those of this section shall be deemed satisfied if the licensee conducts regular business meetings or other activities consistent with its charitable purposes, in addition to bingo games, upon the property which it owns, leases, or uses as a donee. A licensee need not use the property exclusively for activities which fulfill its charitable purposes or objectives. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989].

4.26.120 Limitation of bingo hours and sessions.

A. It shall be unlawful to conduct bingo games or operate a bingo parlor between the hours of 2:00 a.m. and 10:00 a.m. of the same day. No licensee shall conduct bingo outside of the hours of its authorized sessions.

B. Except as provided in this section, no bingo licensee shall conduct more than two bingo sessions per week.

C. To conduct more than two bingo sessions per week a licensee shall obtain a special business license pursuant to the provisions of this chapter to operate a bingo parlor.

D. A bingo parlor may only be open for bingo activities during the periods of time which coincide with a scheduled session of a charitable organization licensed pursuant to this chapter.

E. No gaming activity, other than bingo, as authorized and described in this chapter and California Penal Code Section 326.5 may be conducted at any time in any building or structure licensed as a bingo parlor. This prohibition includes, but is not limited to, sweepstakes, raffles and lotteries.

F. No computerized, electronic or mechanical gaming or bingo devices, or any device utilizing a video display screen, other than card minding devices authorized under this chapter and Penal Code Section 326.5(p) may be stored, used in conjunction with bingo games, maintained, or displayed in any building or structure licensed as a bingo parlor or in any room or structure adjacent to the bingo parlor which is immediately accessible to the bingo parlor. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 §5, 1995; SCC 0758 § 2, 1989].

4.26.125 Location restriction.

A. Notwithstanding the permission contained in a special business license pursuant to RCMC 4.26.105, and notwithstanding any provision of Chapter 4.10 RCMC or this chapter to the contrary, it shall be unlawful for any person who holds a special business license authorizing the operation of bingo games to conduct bingo games at a place which is or would by virtue of the conduct of such games be or become a bingo parlor, unless the bingo parlor has been authorized by a valid, unexpired, unrevoked special business license issued.

B. Notwithstanding any other provision of Chapter 4.10 RCMC or this chapter to the contrary, violation of the provisions of subsection (A) of this section shall constitute grounds for revocation of a special business license authorizing the operation of bingo games issued pursuant to the provisions of Chapter 4.10 RCMC and this chapter. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 §5, 1995; SCC 0758 § 2, 1989].

4.26.130 Temporary suspension of license pending opportunity for hearing.

The chief of police shall have the authority to temporarily suspend the bingo or parlor license by ordering in writing that the licensee immediately cease and desist any further operations of any bingo game pending expiration of the time for appeal or exhaustion of an appeal pursuant to the provisions and notice procedure of RCMC 4.10.145 if the chief of police finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health or safety of the public caused by exercise of the license, and one of the following occurs:

A. The bingo or bingo parlor licensee is conducting a bingo game in violation of any of the provisions of this chapter, Section 326.5 of the California Penal Code, the Rancho Cordova administrative regulations adopted pursuant to this chapter, or any other applicable state of California, city of Rancho Cordova, federal law, or administrative rule or regulation, as they may be amended from time to time;

B. The bingo or bingo parlor licensee has not made available for the conduct of a compliance examination, audit, review, inspection, or for photocopying, at any reasonable time upon the demand of the chief of police all records necessary to determine or establish compliance with the provisions of this chapter, Rancho Cordova administrative regulations adopted pursuant to this chapter, Section 326.5 of the California Penal Code, or any other applicable state of California, city of Rancho Cordova, federal law, or administrative rule or regulation, as they may be amended from time to time; or

C. The bingo or bingo parlor licensee has not kept records as required by the chief of police, this chapter, Section 326.5 of the Penal Code, Rancho Cordova administrative regulations adopted pursuant to this chapter, or any other applicable state of California, city of Rancho Cordova or federal law, administrative rule or regulation, as they may be amended from time to time, or has not kept records necessary to determine compliance with applicable laws and administrative rules and regulations pursuant to generally accepted principles of accounting when such records are not prescribed to be kept in any specific manner or type by the chief of police, this chapter, Rancho Cordova administrative regulations adopted pursuant to this chapter, Section 326.5 of the Penal Code, or any other applicable state of California, city of Rancho Cordova, federal law, or administrative rule or regulations, as they may be amended from time to time. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 §5, 1995; SCC 0758 § 2, 1989].

4.26.135 Notice of temporary suspension and appeal – Appeal of underlying suspension or revocation.

A. The temporary suspension shall be effective no sooner than 24 hours following the time and date of delivery of the notice thereof as is provided in RCMC 4.10.145 and the procedures for appeal and notice of temporary suspension shall be as prescribed in RCMC 4.10.145.

B. Upon timely request by the licensee, the appeal hearing process and related procedures of a revocation or suspension of its license pursuant to RCMC 4.10.135 shall proceed pursuant to the provisions of RCMC 4.10.115 through 4.10.155. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 §5, 1995; SCC 0758 § 2, 1989].

4.26.140 Conducting bingo games after temporary suspension or suspension.

Any person(s) who continues to conduct a bingo game or bingo parlor after temporary suspension pursuant to RCMC 4.26.130, or suspension pursuant to RCMC 4.10.135, is guilty of a misdemeanor. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 §5, 1995; SCC 0758 § 2, 1989].

4.26.150 Receiving bingo proceeds during suspension or revocation.

Notwithstanding the provisions of RCMC 4.10.145, an organization whose license has been temporarily suspended, suspended, or revoked cannot receive bingo proceeds from any source during the period of temporary suspension, suspension, or revocation. A violation of this section shall result in a permanent license revocation to the organization involved. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 §5, 1995; SCC 0758 § 2, 1989].

4.26.155 Purchases from bingo suppliers.

It is prohibited for bingo licensees to use bingo paper and pulltabs purchased from suppliers that are not licensed to conduct a bingo supply business by the city of Rancho Cordova pursuant to Chapter 4.29 RCMC. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989].

4.26.160 Injunction.

The city of Rancho Cordova may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the California Penal Code, of this chapter, Rancho Cordova administrative regulations adopted pursuant to this chapter, or any other applicable state of California, city of Rancho Cordova, federal law, or administrative rule or regulation, as they may be amended from time to time. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989].

4.26.165 Regulation of games and equipment.

The chief of police may prescribe such regulations with respect to the conduct of the games and the equipment used by the licensee as deemed necessary to ensure the fairness and integrity of the games, and the accountability of the funds collected. Violation of such regulations shall constitute grounds for revocation of the special business license, as set forth in Chapter 4.10 RCMC and this chapter. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989].

4.26.167 Card minder equipment.

A. Except as provided in subsection (B) of this section, it shall be unlawful for organizations licensed under this chapter to:

1. Permit the use of player-operated machines, devices, or equipment that is computerized, electronic, or mechanical or which employs a video display, in a bingo game;

2. Store, maintain or display on the premises the organization uses for its bingo activities any computerized, electronic or mechanical device or any device which utilizes or employs video display, which is used for the play of bingo, or any other gaming device, including, but not limited to, those used to conduct sweepstakes, raffles, or lotteries.

B. Card Minders.

1. Purpose. The purpose of this subsection is not to permit the use of all electronic bingo aids in bingo. The purpose is to permit the bingo licensee to use a bingo card minder on the conditions and specifications set forth in California Penal Code Section 326.5(p), regulations established by the California Gambling Control Commission and this subsection.

2. Prohibition on Electronic Devices. Electronic or video displays shall not be used in connection with the game of bingo, including card minders, except in connection with the caller’s drawing of numbers or symbols and the public display of that drawing, and except as provided in Penal Code Section 326.5(p), the provisions of this chapter, city of Rancho Cordova administrative regulations adopted pursuant to this chapter, state of California, federal law or administrative rule or regulation, as they may be added or amended from time to time.

3. Players utilizing card minders must be physically present at a live called bingo game.

4. Description. Card minders are hand held portable devises used to assist players in monitoring the numbers or symbols announced by a live caller as those numbers are called in a live game.

5. Requirements. A card minder shall do all of the following:

a. Be capable of storing in the memory of the device bingo faces from tangible cards purchased by a player;

b. Provide a means for bingo players to input manually each individual number or symbol announced by a live caller;

c. Compare the numbers or symbols entered by the player to the bingo faces previously stored in memory for the device;

d. Identify winning bingo patterns that exist on the stored bingo faces.

6. Prohibitions. A card minder shall neither perform a function involving the play of the game other than those described in subsection (B)(5) of this section, nor do any of the following:

a. Be capable of accepting or dispensing any coins, currency or other representative of value or on which value has been encoded;

b. Be capable of monitoring any bingo card face other than the faces of the tangible card or cards purchased by the player for that game;

c. Display or represent the game result through any means including, but not limited to, video or mechanical reels or other slot machine or casino game themes, other than highlighting the winning numbers or symbols marked or covered on the tangible bingo cards or giving an audio alert that the player’s card has a prize winning pattern;

d. Determine the outcome of any game or be physically or electronically connected to any other bingo equipment, including, but not limited to, the ball call station, or to any other card minding device. No other player-operated or player-activated electronic or electromechanical device or equipment is permitted to be used in connection with a bingo game.

7. Requirements for Chief of Police’s Approval. No card minder device may be used or operated by any bingo licensee without prior approval from the chief of police. The chief of police shall determine the maximum number of bingo cards that may be loaded into a player operated unit or component of a bingo card minder during a bingo game, but such number shall in no event exceed 144 bingo card faces.

8. Notwithstanding any other provisions of this chapter, no card minder device may be approved by chief of police, or operated by any licensee or player, unless said card minding device has received prior approval from the California Gambling Control Commission, as described in Penal Code Section 326.5(p)(3)(A). Any proposed material change to the device, including change to the software used by the device, must be approved by the Commission prior to its implementation.

9. All card minders must be operated and played in compliance with any and all regulations adopted for the use of the devices by the Commission on Gambling Control as described in Business and Professions Code Section 19850.6 and any other applicable provisions of law.

10. The costs for any testing, certification, license or determination shall be borne by the person or entity seeking it.

11. The bingo card minder is not to alter the bingo cards.

12. The player shall have in their possession the preprinted bingo cards with configurations that were sold to the player by the bingo licensee for use with the bingo card minder that correspond exactly to such bingo card configurations loaded into the bingo card minder.

13. Players shall manually input or daub numbers called by the bingo licensee into the individual player operated units or components of the bingo card minder; automatic daubing shall not be permitted.

14. Verification by the bingo licensee of a winning combination shall not be made solely on the bingo card minder, but may be verified by using the paper or cardboard card. Players shall notify the game operator or caller of a winning pattern of bingo.

15. The bingo card minder, including the individual player operated units or components of the bingo card minder, shall be enabled for play solely by the bingo licensee, and only on the premises where the games are conducted. The bingo card minder shall be loaded by the bingo licensee. All individual player operated units or components of the bingo card minder shall be rented or otherwise provided to a player solely by the bingo licensee.

16. Prior to giving physical possession of the individual player operated unit or component of the electronic bingo card minder to the player, the bingo licensee shall receive payment from the player for the number of games requested by the player that are loaded into the bingo card minder.

17. The bingo licensee shall at the time of payment issue to the player: an individual player operated unit or component of the bingo card minder and a receipt indicating the amount paid and the number of cards and games sold to the player and activated in the bingo card minder.

18. Only one player operated unit or component of an electronic bingo card minder may be used by a bingo player during a bingo game.

19. Each player electing to use the bingo card minder shall have an equal opportunity to do so. The bingo licensee shall distribute each player operated unit or component of the electronic bingo card minder for play on a random basis; first come, first served. No particular player operated unit or component of the bingo card minder shall be reserved for any player.

20. Only a bingo supplier licensed by Chapter 4.29 RCMC may remove the bingo card minder from the premises where the games are conducted. Removal may be for repair or for use by another organization licensed by this chapter to conduct bingo. A record shall be maintained by the bingo licensee of: all bingo card minders removed from such premises; the name of the person, and business if any, who has taken the device from such premises; the site address where taken; the return date if any; and disposition of the bingo card minder.

21. Accounting records pertaining to bingo card minders, including the internal accounting system of the bingo card minder, shall be retained as prescribed by RCMC 4.26.080.

22. The bingo licensee shall not conduct bingo games where a player is required to use a bingo card minder. During all games, the use of a bingo card minder shall be at the option of the bingo player. The bingo licensee shall permit all players to play in all bingo games without the use of a bingo card minder.

23. The bingo licensee shall require a player electing to use a bingo card minder to purchase no less than the licensee’s minimum number buy-in of bingo cards for use without a bingo card minder.

24. The player operated units or components of the bingo card minder in possession of the players shall not have the capability to print and shall not print configurations of the bingo cards.

25. The bingo card minder including related circuitry shall be sealed and secured in order to prevent unauthorized removal, additions, changes, or other alterations to the data within such bingo card minder.

26. The chief of police may, upon demand, examine and inspect the bingo card minder, or any player operated unit or component of the bingo card minder, during the conduct of the games if the chief of police detects or discovers any problem with such equipment that affects the integrity of the bingo game or such equipment. The bingo licensee shall immediately cooperate and comply upon the chief of police’s demand for such examination and inspection. Such examination and inspection shall include immediate access to the bingo card minder, player operated units or components of the bingo card minder, and inspection of all associated parts and systems, as applicable; and may involve the immediate removal of the bingo card minder, player operated units or components of the bingo card minder, or related system or parts, as applicable, from the game premises for further testing.

27. If, at any time, the chief of police detects or discovers any malfunction with a bingo card minder, or any player operated unit or component of the electronic bingo card minder, that affects the integrity of such equipment or the bingo game, the chief of police may order the bingo licensee to cease the use of the bingo card minder or a player operated unit or component of the bingo card minder, as applicable, immediately. The bingo licensee shall comply immediately with such order.

28. If the bingo licensee detects or discovers any malfunction or any problem or occurrence with the bingo card minder, or the player operated unit or component of the bingo card minder, that affects the security or the integrity of the bingo game or such equipment, the bingo licensee shall cease immediately the use of the bingo card minder or affected player operated unit or component of the bingo card minder, as applicable. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1155 § 2, 1999; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995].

4.26.168 Conduct of bingo games.

A. With the exception of the sale of individual pulltabs, only live called bingo games may be played during a session.

B. A minimum of two players per game is required.

C. The winning pattern or arrangement must be known and announced before the game begins.

D. Players must obtain a card before numbers for an individual game are drawn.

E. A game begins when the first number is drawn. A game ends when a winning card or cards are identified and verified.

F. The numbers used in the game must be randomly drawn or determined from a nonreplaceable pool of 75 numbers. Numbers drawn must be random as to the entire pool.

G. The numbers randomly drawn must be used in real time and not stored for later use.

H. Selected numbers are used in the sequence in which they are drawn.

I. Players must cover or daub after each release in order to achieve any winning pattern, except that a player may later cover or daub numbers or symbols slept (as defined in subsection (M) of this section) following a previous release (“catch up”) for use in obtaining the game-ending pattern. The game-winning pattern cannot be achieved in a single ball release, thus requiring that players participate in the contest to be the first to cover the winning pattern.

J. All players must have the same opportunity to cover or daub to reflect their participation in a common game. To cover or daub a player in a game must take overt action after numbers are released. Bingo card minders may not include a feature whereby covering or daubing after a release occurs automatically or without overt action taken by the player following the release.

K. The random number draw for each game must continue until a winner is determined. Each game must have a winning player and a game-winning prize must be awarded in every game. All prizes in a game must be awarded based on the outcome of the game of bingo and may not be based on events outside the selection and covering of numbers or symbols used to determine the winner in the game and the action of the competing players to cover the predesignated winning patterns.

L. The game must be won by the first player or group of players who obtains a predesignated winning pattern and who covers or daubs the numbers yielding that winning pattern.

M. If a player sleeps the game-ending pattern, the game must continue until a player subsequently obtains and covers or daubs and claims the game-ending prize. To “sleep” or to “sleep a bingo” means that a player fails, within a certain time allowed by the game: (1) to cover or daub the previously released numbers or other symbols on that player’s card(s) constituting a game-winning or game-ending pattern or other predesignated winning pattern, or (2) to claim the prize to which the player is entitled; having covered or daubed a previously designated winning pattern thereby resulting in the forfeiture of the prize to which the player would otherwise be entitled.

N. Consolation, secondary or interim prizes are permissible if the award of the prize is made on the basis of designated numbers or symbols on a tangible card that conforms to numbers or symbols selected at random and the award of these prizes is based on the play of bingo in the same manner as for the game-ending pattern. For purposes of this provision, a consolation, secondary, interim prize pattern shall constitute a separate game as that term is used in California Penal Code Section 326.5(n). Interim prizes cannot exceed the statutory maximum for a single prize.

O. Regardless of the buy-in level, all players must play for the same game-ending patterns.

P. Prizes for any game cannot exceed a total of $500.00.

Q. Players utilizing card minders must have in their possession paper cards that have been loaded into the card minder.

R. Bingo card minders may not receive or disperse cash or coin. Player buy-ins and prize amounts must be received and dispersed at a common point of sale(s).

S. A hard copy of bingo patterns and prize amounts must be available to all players.

T. At the conclusion of each game, the numbers drawn must be returned to the pool for reuse in the next game. Drawn numbers cannot be stored for use in a later game.

U. There is to be no commingling of bingo with other forms of gaming or with any activity which involves the award of prizes or payouts, such as lotteries, sweepstakes or raffles. The only activities which may take place during a bingo session are live called games, and the sale of pulltabs, which may start one-half hour prior to the first draw of the first number of the first live called game. Pulltab sales must cease upon the determination of the winning player(s) in the final scheduled game of a session.

V. No bingo manager, security employee or volunteer for that session shall participate as a player in the play of any bingo game, except that a licensee manager or volunteer may assist a player in the play of that player’s cards, or in the use of a card minder, as described in RCMC 4.26.167(B), as part of an accommodation or auxiliary aid; provided, that assistance does not involve or require the use of a computerized, mechanical or electronic device other than a card minder as authorized by RCMC 4.26.167(B).

W. Prior to providing the prize or payout for any winning bingo card or pulltab, valued at $50.00 or more, the licensee shall document the identity of the winning player and verify that player’s identity with a photographic identification. No payout of $50.00 is to be provided unless that player provides the required identification and the payout is documented. The licensee is to record the identification of the winning player, the amount(s) paid out and the session date and time of the payout. All records of payouts are to be maintained and submitted at the time of any and all audits or examinations as required or authorized by this chapter or any Sacramento County bingo regulations. [Ord. 17-2018 § 3 (Exh. A); SCC 1622 § 8, 2018; SCC 1403 § 21, 2008].

4.26.170 False or misleading advertising.

It shall be unlawful for any licensee to make or disseminate or cause to be made or disseminated before the public in this city, in any newspaper or other publication, or any advertising device, or any other manner or means whatsoever, any statement concerning any such bingo game including, but not limited to, the amount of prizes to be awarded or distributed in any game, which is untrue or misleading, and which is known or which, by the exercise of reasonable care, should be known to be untrue or misleading. [Ord. 17-2018 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 §5, 1995; SCC 0758 § 2, 1989].

4.26.175 Receipt of profit by a person and penalty for violation of this chapter.

A. It is a misdemeanor under Section 326.5, subdivision (b), of the Penal Code of the state of California for any person to receive or pay a profit, wage, or salary from any bingo game authorized under this chapter for activities related to bingo or the bingo operation. The expenditure of any revenues or proceeds derived from bingo to pay employees, members, or contractors of licensed organizations for services associated with the planning, organization, management, operation or staffing of bingo games, or related to bookkeeping, accounting, auditing or technical advice concerning the handling or disposition of such revenues or proceeds, is prohibited. A violation of this prohibition is punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the city of Rancho Cordova.

B. In addition to other applicable provisions of this title, a violation of any of the provisions of this chapter, Rancho Cordova administrative regulations adopted pursuant to this chapter, Section 326.5 of the California Penal Code, or any other applicable state of California, city of Rancho Cordova, federal law, or administrative rule or regulation, as they may be amended from time to time, shall be grounds for the chief of police to suspend, revoke, or deny the renewal of a special business license to conduct bingo games issued pursuant to the provisions of Chapter 4.10 RCMC and this chapter. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1155 § 3, 1999; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995; SCC 0758 § 2, 1989].

4.26.180 Discontinuance of bingo games.

Bingo licensees who discontinue conducting bingo games shall follow the accounting requirements prescribed by the chief of police in the Rancho Cordova administrative regulations adopted pursuant to this chapter. Their failure to do so shall result in denial of a subsequent license to conduct bingo games for two years from the last day a bingo game was conducted. [Ord. 17-2018 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1061 § 1, 1996; SCC 0992 § 5, 1995].