CHAPTER 9. LICENSING AND REGULATION OF NONPROFIT ORGANIZATIONS FOR THE OPERATION OF BINGO GAMES

ARTICLE 1. GENERAL PROVISIONS

6-09-1000 APPLICATION OF GENERAL PROVISIONS:

Unless the provisions of this Chapter provide otherwise, all the provisions of Chapter 1 of this Part which pertain to the licensing and regulation of businesses are applicable to the license referred to in this Chapter.

(Added by Ord. No. 3490, effective 2-25-16)

6-09-1005 PURPOSE:

It is the purpose of this Chapter to authorize the playing of the game of chance generally known as "bingo" subject to and pursuant to the restrictions contained in Article IV, section 19, subdivision (c) of the California Constitution and Penal Code section 326.5. Definitions, conditions, and restrictions set forth in this Chapter are intended to comply with and implement the constitutional and Penal Code provisions.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16. Formerly 6-09-1000)

6-09-1010 DEFINITIONS:

Whenever in this Chapter the following terms are used they shall have the meanings ascribed to them in this section.

(a)    "Bingo" shall mean 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)    "Nonprofit organization" shall mean any tax exempt organization, senior citizens organization, or mobilehome park association, as such terms are defined in this section.

(c)    "Mobilehome park association" shall mean an organization limited to residents of a designated mobilehome park. The association shall have a duly adopted constitution or bylaws stating the purpose of the organization and the qualifications for membership and provide for the election of officers.

(d)    "Senior citizen" shall mean any person of age sixty (60) or older or any person age fifty (50) or older who no longer engages in full-time employment.

(e)    "Senior citizens organization" shall mean any organization meeting the following criteria:

(1)    Purpose. The purpose of the organization shall be to improve the social, recreational, economic, medical and/or housing conditions of senior citizens.

(2)    Membership. The membership in the organization shall be limited to senior citizens and their spouses.

(3)    Formal Organization. The organization shall have a duly adopted constitution or bylaws stating the purpose of the organization and the qualifications of membership and providing for the election of officers.

(f)    "Tax-exempt organization" shall mean any organization exempted from the payment of bank or corporation taxes pursuant to the sections of the Revenue and Taxation Code listed in Penal Code section 326.5.

(g)    "Minor" shall mean any person under the age of eighteen (18) years.

(Added by Ord. No. 3390, effective 8-20-09)

6-09-1020 LICENSE REQUIRED:

It shall be unlawful for any person to conduct any bingo game in the unincorporated area of the County unless such person is a member of a nonprofit organization acting on behalf of such nonprofit organization and has been issued a license as provided in this Chapter.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

ARTICLE 2. APPLICATION; FEES

6-09-2000 APPLICATION FOR LICENSE:

An application for a license shall be made to the license collector on forms prescribed by the license collector and shall be filed not less than thirty (30) days prior to the proposed date of the bingo game or games. An investigation of the applicant shall be conducted in accordance with Chapter 1 of this Part. In addition to the information required by Chapter 1 of this Part, the application for a license for conducting bingo games shall also contain the following information:

(a)    The name of the organization proposing to conduct such games, together with the names, signatures, and addresses of all of the officers of the organization.

(b)    The address of the premises where the bingo games are proposed to be conducted.

(c)    The names of the owner(s) and, if any, lessee(s) of the premises where the bingo games are proposed to be conducted.

(d)    The principal purpose for which the premises are used by the organization together with the length of time for which the premises have been so used.

(e)    The name and address and photograph of the person responsible for the operation of the bingo game and name and address of those persons assisting therein.

(f)    The day and hours of the proposed operation of bingo games.

(g)    The proposed arrangements for security.

(h)    The names and addresses of all suppliers of services and goods.

(i)    Such further information as may be required by the license collector.

(Added by Ord. No. 3390, effective 8-20-09)

6-09-2010 TERM OF LICENSE AND FEES:

The term of a bingo license shall be the period of time specified in Section 6-01-1100 and may be renewed annually thereafter. Notwithstanding the provisions of Section 6-01-3020, any person applying for a bingo license shall pay the applicable fee. The fee for a bingo license shall be set from time to time by resolution of the Board of Supervisors. The appropriate fee shall accompany the submission of each application.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-09-2020 LICENSE INFORMATION:

The license, if granted, shall contain the following information:

(a)    The name and nature of the organization to which the permit is issued.

(b)    The address where the bingo games are authorized to be conducted.

(c)    The maximum occupancy of the room in which the bingo games are to be conducted.

(d)    The date of the commencement of the permit.

(e)    The date of the expiration of the permit.

(f)    The days and hours during which bingo may be conducted.

(g)    Such conditions as may have been recommended by the Sheriff, Director of the Resource Management Agency, or Health Officer.

(Added by Ord. No. 3490, effective 2-25-16)

ARTICLE 3. RESTRICTIONS ON OPERATIONS

6-09-3000 LICENSE NOT TRANSFERABLE:

Each license issued hereunder shall be issued to a specific person on behalf of a specific nonprofit organization to conduct a bingo game at a specific location and shall in no event be transferable from one person to another, nor from one location to another.

(Added by Ord. No. 3390, effective 8-20-09)

6-09-3010 LIMITATIONS:

A nonprofit organization shall conduct a bingo game only on property owned, leased or donated to 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.

(a)    No minors shall be allowed to attend or participate in any bingo game.

(b)    All bingo games shall be open to the public, not just to the members of the nonprofit organization.

(c)    A bingo game shall be operated and staffed only by members of the nonprofit organization which organized it. Such members shall be approved by the Sheriff and shall not receive a profit, wage or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. Paid security personnel are permitted.

(d)    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.

(e)    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 profit shall be used only for charitable purposes.

(f)    With respect to other organizations authorized to conduct bingo games pursuant to this Chapter, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Proceeds are the receipts of bingo games conducted by organizations not within subdivision (e) of this section. Such proceeds shall be used only for charitable purposes, except as follows:

(1)    Proceeds may be used for prizes.

(2)    A portion of the proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes, or One Thousand Dollars ($1,000) per month, whichever is less, may be used for rental of property, overhead (including the purchase of bingo equipment), expenses, security equipment, and security personnel.

(3)    Proceeds may be used to pay license fees.

(g)    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.

(h)    The total value of prizes awarded during the conduct of any bingo game shall not exceed Two Hundred Fifty Dollars ($250) in cash or kind, or both, for each separate game which is held.

(i)    Attendance at any bingo game shall be limited to the occupancy capacity of the room as set forth in the license.

(j)    No licensee shall issue chips or money to a patron on credit or a loan, including but not limited to IOU’s and checks to be held, nor shall patrons be allowed to play on credit.

(k)    No person who is obviously intoxicated shall be allowed to participate in a bingo game.

(l)    No licensee shall conduct any bingo game except between the hours of twelve o’clock (12:00) noon and twelve o’clock (12:00) midnight, nor shall any licensee conduct bingo games for more than twelve (12) hours during any twenty-four (24) hour period, nor shall any licensee conduct bingo games more than six (6) days in any seven (7) day period, but in no event more than thirteen (13) days in any one quarter. In addition, all nonprofit organizations collectively shall not use one particular location more than thirteen (13) days in any one quarter for the playing of bingo.

(m)    No person shall violate any condition attached to the license.

(n)    The licensee shall post and keep posted in a conspicuous place within the room in which bingo is being played the rules and regulations of said game.

(o)    No person shall conduct any bingo game after the permit therefor has expired or during any period in which it is suspended.

(Added by Ord. No. 3390, effective 8-20-09)

6-09-3020 RECORDS AND REPORTS:

Each licensee conducting a bingo game shall maintain detailed records of all proceeds, profits, expenditures, prizes and other expenses relating to the operation of the bingo game. Such records shall be retained for a period of three (3) years and as long thereafter as may be required by any state or federal law. Such records, including related bank accounts, shall be open for inspection at any time by the Sheriff, license collector, or any state or federal official in the performance of his or her duties. Within fifteen (15) days after March 31, June 30, September 30, and December 31 during the license period the licensee shall file a report, under penalty of perjury, with the license collector containing the following information:

(a)    Any changes in or additions to the information required in the application.

(b)    The total amount of money received from the operation of bingo games during the previous three (3) month period.

(c)    The total amount paid out in prizes.

(d)    Detailed costs to the licensee of the operation of the bingo games.

(e)    All disbursements from the fund.

Failure to timely file reports shall be grounds for suspension, revocation or nonrenewal of a license.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-09-3030 INSPECTION:

Any peace officer of the County 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.

(Added by Ord. No. 3390, effective 8-20-09)

6-09-3040 APPLICATION DENIAL, LICENSE SUSPENSION AND/OR REVOCATION:

In addition to the grounds specified in Chapter 1, the license collector, based on advice from the Sheriff, may deny an application for a bingo license, or may suspend or revoke a license, if he or she finds the applicant or licensee or any agent or representative thereof has:

(a)    Knowingly made any 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

(b)    Violated any of the provisions of this Chapter.

If the license collector wishes to take such an action, the license collector shall proceed as provided in Chapter 1 of this Part. Appeal and judicial review shall be as provided in that Chapter.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-09-3050 VIOLATIONS: INJUNCTIONS:

(a)    It is a misdemeanor under Penal Code section 326.5, subdivision (b), for any person to pay or receive a profit, wage, or salary from any bingo game authorized under this Chapter. A violation of this provision shall be punishable by a fine not to exceed Ten Thousand Dollars ($10,000), which fine shall be deposited in the general fund of the County.

(b)    Any person violating any of the other provisions or failing to comply with any of the other requirements of this Chapter shall be guilty of a misdemeanor.

(c)    The County may bring an action in a court of competent jurisdiction to enjoin a violation of Penal Code section 326.5 or of this Chapter.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)