Chapter 5.16
BINGO
Sections:
5.16.040 License—Filing of application.
5.16.050 License—Investigation of application.
5.16.060 License—Denial, revocation or suspension.
5.16.090 License—Not transferable.
5.16.100 Limitations on operation.
5.16.130 Violation—Other remedies.
5.16.010 Statutory 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. (Prior code § 5.36.010)
5.16.020 Definitions.
Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section:
“Authorized organization” is an organization within the definitions of this section.
“Bingo” is 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 operated under such conditions that it would be proscribed by Chapters 9 and 10, Title 9, Part 1 of the California Penal Code (starting with Sections 319 and 330) but for this chapter.
“Minor” is any person under the age of eighteen (18) years.
“Mobilehome park association” is an organization, organized and operated exclusively for residents of mobilehome parks to offer recreational and social activities to its members, provided the organization has a membership of at least twenty (20) dues-paying members.
“Nonprofit organization” is an organization exempted from the payment of the bank or corporate tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g or 23701(1) of the Revenue and Taxation Code.
“Senior citizens organizations” are organizations organized and operated exclusively for the interests and needs of persons of not less than the age of fifty (50), and regularly offering recreational and social programs to its members, and having a membership of at least twenty (20) dues-paying members. (Prior code § 5.36.020)
5.16.030 License—Required.
A. It is unlawful for any organization to conduct any bingo game in the incorporated area of the city unless such organization is an authorized 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 an authorized organization acting on behalf of such authorized organization that has been issued a license as provided by this chapter. (Prior code § 5.36.030)
5.16.040 License—Filing of application.
Application for a license or renewal thereof shall be filed with the chief of police of the city on forms prescribed by the chief and shall be signed under penalty of perjury. Such applications shall be filed:
A. Not less than ten days prior to the proposed date of the bingo game or games;
B. Not less than thirty (30) days after obtaining written verification from the building department of the city that the operation of such game or games is in compliance with the then-current fire, electrical and building codes of the city;
C. A list of all members who will operate the bingo games, including full names of each member, dates of birth, places of birth, physical descriptions and driver’s license numbers;
D. The date(s) and place(s) of the proposed bingo game or games;
E. Proof that the organization is an authorized organization as defined by this chapter;
F. Submit a statement of plans to publicize the games including an estimate of the amount of money planned to be spent to advertise the games during the period of the permit, and if a renewal of a permit, copies of all signs, advertisements, posters, flyers and other promotional material distributed within the term of the preceding permit. (Prior code § 5.36.040)
5.16.050 License—Investigation of application.
A. Upon receipt of an application for a license, the chief of police may send copies of such application to any office or department which the chief of police deems essential in order to carry out a proper investigation of the applicant.
B. The chief of police and every officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant, and may examine the premises to be used for the bingo games.
C. Upon approval of any application for a bingo license, the chief of police shall issue the license. (Prior code § 5.36.050)
5.16.060 License—Denial, revocation or suspension.
A. The chief of police may deny an application for a bingo license, or suspend or revoke a license, if he or she finds that the applicant or licensee or any agent or representative thereof has either:
1. Knowingly made a 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; or
2. Violated any of the provisions or failed to comply with any of the requirements of this chapter;
3. Knowingly made any false, misleading or fraudulent statement of a material fact in any advertising or promotional material distributed to the general public concerning the games or prizes to be awarded;
4. Failure to reapply for a license upon occurrence of a material change in the facts as represented in the current license application.
B. If after an investigation, the chief of police determines that a bingo license should be suspended or revoked or that an application for such license should 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. The 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. (Prior code § 5.36.060)
5.16.070 Appeals.
Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section:
A. Within fifteen (15) calendar days after the date of any denial, suspension, revocation or other decision of the chief of police, an aggrieved party may appeal such action by filing with the city clerk a written appeal fully setting forth the reasons why such denial, suspension, revocation or other decision is not proper.
B. Upon receipt of such written appeal, the city clerk shall within twenty (20) days place the appeal on a regular agenda for the city council. At least one week prior to the date of the hearing on the appeal the clerk shall notify the appellant and chief of police of the date and place of the hearing. The mayor or mayor pro tem is authorized to issue subpoenas, to administer oaths and to conduct the hearing on the appeal. At the hearing the chief of police and the appellant may present evidence relevant to the denial, suspension, revocation or other decision of the chief. The city council shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to the hearing.
C. At the conclusion of the hearing, the city council may uphold the denial, suspension, revocation or other decision of the chief of police, or the city council may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other decision which is the subject of the appeal. The mayor or mayor pro tem shall within ten days file with the city clerk written findings of fact and conclusions of law and its decision. The decision of the city council is final. (Prior code § 5.36.070)
5.16.080 License—Fee—Term.
A. The term of a bingo license is six months and may be renewed for a period of six months at any time within one year from its date of issuance, upon application therefor.
B. The fee for a bingo license is fifty dollars ($50.00). The fee for renewal is thirty-five dollars ($35.00). The appropriate fee shall accompany the filing of each application, shall be used to defray the cost of issuing such license, and in the event the application is denied, only one-half of the fee shall be refunded.
C. In the event of any material change in the facts represented in the application for a license, a new application shall be applied for under the provisions of Section 5.16.040 of this chapter. (Prior code § 5.36.080)
5.16.090 License—Not transferable.
Each license issued under this chapter shall be issued to a specific authorized 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. (Prior code § 5.36.090)
5.16.100 Limitations on operation.
A. An organization shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized, but such property need not be used or leased exclusively by 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 organization.
D. A bingo game shall be operated and staffed only by members of the organization which organized it. 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.
E. No person shall receive a profit, wage, salary or percentage from any bingo game authorized by this chapter.
F. 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.
G. All profits derived from a bingo game operated by a nonprofit charitable organization 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. All profits derived from any other authorized bingo organization shall be kept in a special fund or account and shall not be commingled with any other fund or account. The proceeds shall be used only for charitable purposes except as follows:
1. The proceeds may be used for prizes;
2. A portion of the proceeds, not to exceed ten percent of the proceeds after the deduction for prizes, or five hundred dollars ($500.00) per month, whichever is less, may be used for rental of property, overhead and administrative expenses.
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 ($250.00) in cash or kind, or both, for each separate game which is held.
J. No bingo game shall be conducted between the hours of midnight and eight a.m.
K. Advertising and promotional material of any game shall not be misleading as to the value of prizes offered and shall clearly set forth all conditions necessary to win a prize if the winning of more than one game is required as a condition therefor. (Prior code § 5.36.100)
5.16.110 Inspections.
Any peace officer of the city shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game. (Prior code § 5.36.110)
5.16.120 Violation—Penalty.
A. It is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter. Any violation hereof shall be punishable as authorized by Section 326.5 of the Penal Code.
B. Any person violating any other of the provisions or failing to comply with any other of the requirements of this chapter other than a violation of Section 5.16.100(E) of this chapter is guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. (Prior code § 5.36.120)
5.16.130 Violation—Other remedies.
The provisions of Section 5.16.120 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. (Prior code § 5.36.130)