Chapter 5.12
BINGO GAMES
Sections:
5.12.040 Permit requirements, conditions, and appeals.
5.12.050 Rules and regulations.
5.12.060 Inspection of premises and records.
5.12.010 Statutory authority.
Pursuant to the authority provided in California Constitution, Article IV, Section 19(c) and California Penal Code Section 326.5, the following requirements are established for the conduct of bingo games by nonprofit charitable organizations. [Ord. 5298 § 12, 2019; Ord. 2404, 1977; prior code § 9.90.010].
5.12.020 Definitions.
As used in this chapter:
(A) “Bingo” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random.
(B) “One-day bingo permit” means a permit authorizing the conduct of bingo games for fundraising purposes by a qualified organization for a single day in a calendar year. No organization may be issued more than one such permit in any calendar year.
(C) “Tax Collector” means the Santa Cruz County Auditor-Controller-Treasurer-Tax Collector. [Ord. 5298 § 12, 2019; Ord. 2404, 1977; prior code § 9.90.010].
5.12.030 Prohibited conduct.
No person, organization or other legal entity shall conduct bingo games in the unincorporated area of the County unless such persons, organizations or other legal entities possess a valid certificate or letter from the Franchise Tax Board stating that they are exempted from the payment of the Corporation Tax pursuant to subdivisions (a), (b), (d), (e), (f), (g), (k), or (l) of Section 23701 of the Revenue and Taxation Code, or unless such person, organization or other legal entity is a mobile home park association, senior citizens organization, or charitable association affiliated with a school district; and provided, that the proceeds of such games are used only for charitable purposes, and that such person, organization or other legal entity holds a valid permit and pays a permit fee pursuant to the provisions of this chapter. [Ord. 5298 § 12, 2019; Ord. 2467, 1977; Ord. 2404, 1977; prior code § 9.90.020].
5.12.040 Permit requirements, conditions, and appeals.
(A) Contents of the Application. An application for a bingo permit or renewal of such permit shall be filed with the Tax Collector. The application shall be made in writing on forms provided by the County, it shall be in duplicate, and it shall be accompanied by the appropriate fee. The application fees for bingo permits and renewals thereof shall be set by resolution of the Board of Supervisors. Fees are established to cover the actual cost of processing such applications and are not refundable. Applications shall be verified as provided by the California Code of Civil Procedure for the verification of pleadings. Such application shall include:
(1) Name and address of the organization; names, addresses and phone numbers of all officers of the organization; and the number of years the organization has had continuous active existence at a fixed address in the County prior to the application date;
(2) Days and hours of operation of bingo games;
(3) Attached copies of certificates or letters evidencing exempt status under Section 170(c)(2) of the Internal Revenue Code of 1954, received from the Franchise Tax Board and the Internal Revenue Service;
(4) Address of the premises and the particular room or rooms for which the permit is required, the square footage thereof to be used for bingo games, and its seating capacity, the name, residence, business address, business phone number, and written consent of the owner of the premises, who shall indicate consent to bingo games being conducted upon the premises by signing the application in the space provided;
(5) Statement of ownership or lease of the premises;
(6) Purpose for which the premises are used by the organization;
(7) Statement of ownership of bingo equipment used in the operation of bingo games;
(8) Statement of consent for the Sheriff to investigate any bank accounts containing moneys derived from bingo games;
(9) Name of each individual, corporation, partnership or other legal entity which has a financial interest in the conduct of the bingo games;
(10) Name and birth date, residence and business address of each staff member or person operating or assisting in the operating of the bingo games;
(11) Whether or not any person who will operate or assist in the operation of bingo games has been convicted within the last five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, burglary, robbery or similar crimes; and
(12) Such other related information as the Sheriff may require for clarification.
(B) Application Investigations and Permit Issuance.
(1) One-Day Bingo Permits. The Tax Collector may issue a one-day bingo permit if:
(a) A completed written application form has been filed;
(b) The required fee has been paid to the Tax Collector; and
(c) A copy of the application has been submitted by the Tax Collector to the Sheriff, the County Fire Marshal, Environmental Health Services, the County Building Official, and the Planning Director for their review within a 20-day period, and no submittal has been made by such County officers and departments to the Tax Collector indicating any reason why the permit should not be issued.
(2) Extended Permits.
(a) The Tax Collector shall submit each application for a permit for longer than one day to the Sheriff for investigation and approval.
(i) The Sheriff shall conduct an appropriate investigation to determine whether the permit should be issued in accordance with the provisions of this chapter.
(ii) The Sheriff shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for the purposes of the investigation.
(b) The Tax Collector shall also submit each application to the following officials for investigation and recommendation:
(i) The County Fire Marshal as to any fire hazard of the premises in question;
(ii) The Director of Environmental Health Services as to the health and sanitary conditions of the premises in question;
(iii) The County Building Official as to compliance with County building regulations;
(iv) The Planning Director as to compliance with County zoning requirements and the County zoning ordinance.
(c) Conditions of Issuance for Extended Permits. After investigation, the Sheriff shall approve the application and the Tax Collector shall issue an extended bingo permit or renewal of such permit, if the Sheriff finds:
(i) That a completed written application form has been filed;
(ii) That the required fee has been paid to the Tax Collector;
(iii) That as a result of the investigation all applicable provisions of this chapter with regard to such permit application have been met;
(iv) That the organization has had continuous active existence at a fixed address in the County for at least three years prior to the application date;
(v) That the operation by the applicant will be carried on in a building, structure and location which complies with and meets all of the health, zoning, fire, building and safety requirements and standards of the laws of the State and ordinances of the County applicable to such premises; and
(vi) That the applicant and the persons who will operate or assist in operating bingo games have not been convicted in a court of competent jurisdiction by final judgment, within the last five years, of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, burglary, robbery or similar crimes.
Whenever an application is denied by the Sheriff for the sole reason that the applicant has not had continuous active existence at a fixed address in the County for at least three years prior to the application date, the applicant may request that the Board of Supervisors waive the requirement. In order to do so, the applicant must file a written request for a hearing with the Clerk of the Board of Supervisors. The request shall be set for hearing in the same manner as an appeal, and the Board may waive all or part of the three-year requirement if it finds that the organization has not been organized for the purpose of conducting bingo games and the conduct of bingo games is only incidental to its primary purposes and activities.
(C) Notice of Decision. Notice of decision with reference to issuance of a permit under this chapter shall be made by the Tax Collector to the applicant or any other person requesting such notice within 30 days after receipt of the application for a permit or a renewal of such permit.
(D) Changes to Permitted Activities—Notice and Further Investigation.
(1) Any changes as to the staff operating or assisting in the operation of a bingo game or any other changes in the information furnished under subsection (A) of this section made subsequent to the issuance of a bingo permit shall be reported within 20 days to the Sheriff for any further investigation which the Sheriff deems necessary and appropriate.
(2) If, after such investigation, the Sheriff finds that the changes require suspension, the Sheriff may suspend any permit issued and notify the Tax Collector.
(E) Duration and Renewal of Permits. Permits are granted for one-year terms; each term is renewable annually. Written application for renewal of a permit shall be made to the Tax Collector at least one month prior to its expiration date. The Sheriff shall conduct an investigation in connection with any application for renewal.
(F) Audits of Permittee’s Records. As part of the review of an application for renewal of a bingo permit, or at any time within one year after the end of the term of any bingo permit, the Sheriff may request the Auditor to provide for an audit of the records of the holder of a bingo permit pertaining to the conduct of bingo games. Such audit shall be at the expense of the holder of the bingo permit, and the cost thereof shall be payable prior to issuance of any renewal or other bingo permit and within 30 days of billing.
(G) Display of Permit and Regulations. Every permittee shall keep its permit and a copy of the rules and regulations set forth in Penal Code Section 326.5 and SCCC 5.12.050 posted in a conspicuous place in open and clear view in the main room in which the bingo games are conducted.
(H) Permit Not Transferable. Permits granted under this chapter shall not be transferable, either as to the owner or the location. Any attempt to transfer the permit shall render it invalid.
(I) Suspension of Permit. Any permit issued under this chapter may be suspended by the Sheriff for violation of any of the provisions of this chapter, or any provisions of this code, or of Federal or State law. The Sheriff, in case of such suspension, shall serve the permittee and the Tax Collector with a written order of suspension, which shall state the reasons for the suspension and shall inform the permittee of their right to appeal the order by filing a written request for a hearing with the Clerk of the Board of Supervisors and Sheriff within 10 days of the date of the order. The order shall be effective immediately, if personally served, or 48 hours after the same has been sent to the permittee via the United States Postal Service. Immediately upon such an order becoming effective, the permittee shall cease all operations under such permit.
(J) Revocation of Permit. The suspension shall become a revocation 10 days after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension. Where an appeal is filed, the order shall be stayed pending a determination thereof by the Board of Supervisors. The suspension shall become a revocation if the suspension of the Sheriff is upheld.
(K) Appeals.
(1) Any person aggrieved by a decision of the Sheriff or Tax Collector with reference to the approval or denial of an application for a bingo permit, or suspension of a bingo permit, may appeal such decision to the Board of Supervisors by filing a written request for a hearing with the Clerk of the Board and the Sheriff or Tax Collector on or before 10 days after the date of the action appealed from. The request for hearing shall state the grounds upon which the aggrieved party claims there is an improper approval or denial of the application for the permit or improper suspension of the permit.
(2) Upon receipt of such a request for a hearing, the Board of Supervisors shall set the matter for hearing not later than 30 days thereafter. Written notice of the time and place of hearing on the matter shall be given by the Clerk of the Board of Supervisors to the aggrieved party and to the Sheriff or Tax Collector (whichever is responsible for the underlying decision), and upon receipt of the notice of hearing the Sheriff or Tax Collector shall forward to the Board of Supervisors all notices and reports related to the matter. Upon the hearing of the matter, the Board of Supervisors may take such action or make such order as the Board deems just and proper. [Ord. 5298 § 12, 2019; Ord. 2404, 1977; prior code §§ 9.90.030, 9.90.040, 9.90.050, 9.90.060, 9.90.062, 9.90.070, 9.90.100, 9.90.110, 9.90.115, 9.90.120, 9.90.130, 9.90.140, 9.90.150, 9.90.160].
5.12.050 Rules and regulations.
The rules and regulations set forth in Penal Code Section 326.5 shall apply to all bingo games permitted under this chapter. In addition, the following rules and regulations shall apply:
(A) Location of Games. Bingo games shall be conducted solely within the room designated on the permittee’s application.
(B) Bingo Equipment. All equipment used in the operation of bingo games shall be owned by the organization authorized by the permit to conduct such bingo games.
(C) Days and Hours of Operation. No permittee shall operate bingo games more than one day a week, and no bingo games shall be conducted between the hours of 11:00 p.m. and 10:00 a.m.
(D) Minors Prohibited. No minors shall be allowed within the room in which a bingo game is being operated.
(E) Alcoholic Beverages Prohibited. No alcoholic beverages shall be sold, served, or permitted in the room within which a bingo game is operated. No person under the influence of an alcoholic beverage shall be permitted within the room within which a bingo game is operated.
(F) Number and Cost of Cards. No permittee shall receive a consideration valued at more than $0.25 per bingo card for each bingo game.
(G) Recordkeeping Requirements. Each organization conducting a bingo game shall maintain detailed records of all moneys, expenditures, prizes and other expenses associated with the operation of bingo games. Such records shall be retained for such period of time as required by State and Federal law and for a period of three years for purposes of this chapter.
(H) Annual Report—Contents and Filing. Each nonprofit charitable organization which has been issued a bingo permit shall, within 30 days of the end of its fiscal year during the term of any such permit, file an annual report, made under penalty of perjury, with the Tax Collector, containing the following:
(1) Any changes in or additions to the information required under SCCC 5.12.040;
(2) The total amount of money received from the operation of the bingo games in the previous fiscal year;
(3) The total amount paid out in prizes; and
(4) Detailed costs to the organization for the operation of the bingo games. [Ord. 5298 § 12, 2019; Ord. 2467, 1977; Ord. 2404, 1977; prior code § 9.90.080. Formerly 5.12.090].
5.12.060 Inspection of premises and records.
(A) The Sheriff and any County Code Enforcement Official shall have the authority to enter the permittee’s premises free of charge to inspect the premises in order to ensure that the operation of bingo games at the premises does not constitute a violation of any State or Federal law or provisions of this code.
(B) The Sheriff may inspect the records and special bank accounts containing moneys derived from bingo games conducted by any permittee in order to ensure compliance with the provisions of this chapter. [Ord. 5298 § 12, 2019; Ord. 2404, 1977; prior code § 9.90.090. Formerly 5.12.350].
5.12.070 Violation—Penalty.
(A) Violation of any provision of this chapter constitutes a misdemeanor.
(B) As authorized under Penal Code Section 326.5(c), a violation of Penal Code Section 326.5(b) shall be punishable by a fine not to exceed $10,000. The fine shall be deposited in the County general fund.
(C) Any person who violates any of the other provisions of this chapter shall be subject to the penalties provided in Penal Code Section 326.5 or Chapter 1.12 SCCC. [Ord. 5298 § 12, 2019; Ord. 2404, 1977; prior code § 9.90.170. Formerly 5.12.360].