Chapter 5-11 BINGO GAMES

The City is authorized pursuant to Section 19 of Article IV of the Constitution of the State and Section 326.5 of the Penal Code of the State to provide for, and does hereby provide for, bingo games, but only for charitable purposes in accordance with the provisions of said Constitution, Penal Code, and this chapter.

5-11-02 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Bingo" shall mean a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a bingo card that conform to numbers or symbols selected at random.

(b) "Bingo Card" shall mean a card containing not less than twenty-five (25) numbers and not less than five (5) letters in play or used for each game.

Any game or card that does not strictly conform to the definitions set forth in sections (a) and (b) above is prohibited, unless first approved by Turlock Police Services.

(Ord. 1000-CS, Amended, 01/09/2003)

5-11-03 Licenses: Required.

No person, firm, corporation, organization, or association shall engage in, carry on, maintain, or conduct, or cause to be engaged in, carried on, maintained, or conducted, a bingo game in the City without first having secured a license from the City in accordance with the requirements of this chapter or without complying with the regulations contained in this chapter pertaining to the operation of bingo games.

5-11-03.1 Licenses: Exceptions.

Non-profit senior citizen mobilehome park associations or non-profit senior citizen residential organization are not required to obtain bingo permit licenses so long as said applicant meets the following requirements:

(a) The applicant shall file a bingo games application for senior citizen mobilehome park or senior citizen residential organization recreational activity with the City of Turlock Police Department;

(b) The applicant shall report to the Turlock Police Station to be fingerprinted, the cost of which shall be borne by the applicant, and the fingerprint report reveals that applicant has no criminal conviction;

(d) The amount charged for any one bingo card shall not exceed 25/100th ($0.25) Dollars;

(e) The total value of prizes awarded during the conduct of any separate bingo game, conducted pursuant to this section, shall not exceed Fifteen and no/100ths ($15.00) Dollars;

(f) The bingo game, conducted pursuant to this section, shall be open to the public and shall only be noticed within the senior citizen mobilehome park or senior citizen residential organization (i.e. there shall be no paid advertisement of the bingo games, conducted pursuant to this section);

(g) The bingo games, conducted pursuant to this section, are conducted on the senior citizen mobilehome park or senior citizen residential organization premises; and

(h) Violation of conditions. It shall be unlawful for any person to violate any provision of this section or to fail to comply with any of the requirements established herein. Any person violating any of such provisions or failing to comply with any of such requirements of this section shall be guilty of a misdemeanor punishable pursuant to Turlock Municipal Code Section 1-2-01.

(772-CS, Enacted, 03/24/1992)

5-11-04 Licenses: Eligibility.

Corporations, community chests, or trusts, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes or for the prevention of cruelty to children or animals, exempted from the payment of the bank and corporation tax by subsection (d) of Section 23701 of the Revenue and Taxation Code of the State and a contribution or gift to which would be a charitable contribution under subsection (2) of subsection (c) of Section 170 of the Internal Revenue Code of 1954, shall be eligible to apply to the City for a license to conduct bingo games in the City, under the provisions of Section 326.5 of the Penal Code of the State and the provisions of this chapter.

5-11-05 Licenses: Applications: Filing.

Applications for licenses to conduct bingo games pursuant to this chapter shall be executed under penalty of perjury and submitted to the Police Department on forms to be obtained from the Police Department.

5-11-06 Licenses: Term.

Licenses issued pursuant to the provisions of this chapter shall be for a term of one (1) year commencing July 1 of each year and ending June 30 of the following year, subject to renewal and the payment of an annual fee. Such fee shall not be prorated. Requests for renewals of licenses must be filed by May 31.

(Ord. 1000-CS, Amended, 01/09/2003)

5-11-07 Licenses: Fees.

The license fee shall be as provided in Section 3-1-132 of this Code.

(903-CS, Amended, 06/27/1996)

5-11-08 Applicants: Qualifications.

No license shall be issued to any organization unless such organization is an eligible organization under Section 5-11-04 of this chapter and its application conforms to the requirements, terms, and conditions of this chapter.

5-11-09 Licenses: Applications: Contents: Accompanying data.

Applications for bingo licenses shall contain the following:

(a) The name of the applicant organization;

(b) The name and signature of at least two (2) officers of the corporation or community chest and the trustee of any trust;

(c) A list of the names of the members of the applicant organization who will, from time to time, operate and staff bingo games;

(d) The particular property within the City, including the street number, owned or leased by the applicant and used by the applicant for an office or for the performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place; and

(e) The proposed days of the week and the hours of the day for the conduct of bingo games.

The applicant shall also submit, with its application, a letter or other evidence from the Franchise Tax Board of the State showing that the applicant is exempted from the payment of the bank and corporation tax by subsection (d) of Section 23701 of the Revenue and Taxation Code of the State and a statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code of the State and this chapter, as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the Police Department upon the violation of any of such provisions.

Such application shall be signed by the applicant under penalty of perjury.

5-11-10 Licenses: Applications: Investigations.

Upon the receipt of the completed application, the Police Department shall make an investigation to determine if all of the statements in the application are true and shall refer the application to other interested departments of the City, including, but not limited to, the Planning Department, the Building Department, the Health Officer, and the Fire Department, to determine if the appropriate zoning laws and regulations, Building Code laws, health laws and regulations, and the provisions of the Uniform Fire Code have been or will be complied with.

5-11-11 Licenses: Form.

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the City, the Finance Department shall issue a license to such applicant, which license shall contain the following information:

(a) The name and nature of the organization to which the license is issued;

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

(d) The date of the expiration of such license; and

(e) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

5-11-12 Licenses: Posting.

An organization licensed pursuant to this chapter shall not conduct or permit to be conducted a bingo game unless such license is posted in a conspicuous place during the conduct of any bingo game. The licensee shall produce and exhibit the license where applying for the renewal thereof and whenever requested to do so by any peace officer or officer authorized to issue, inspect, or collect licenses.

5-11-13 Licenses: Suspension pending hearings: Violations continuing after suspension: Revocation.

(a) Whenever it appears to the Police Chief that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the Police Chief shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.

(b) Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (a) of this section shall be deemed guilty of a violation of this Code and shall be punishable as provided in Title 1 of Chapter 2 of this Code.

(c) The order issued under subsection (a) of this section shall also notify the licensee that it shall have five (5) days after the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the Police Chief within such five (5) day period shall result in a revocation of the license.

(d) Upon such request by the licensee, whose license has been suspended under subsection (a) of this section, for a hearing to determine whether such license shall be revoked, the Police Chief shall provide such hearing within ten (10) days after the receipt of such request at which hearing the suspended licensee may appear before the Police Chief for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation.

(866-CS, Amended, 02/09/1995)

5-11-14 Licenses: Revocation: Alternative procedure.

(a) Whenever it appears to the Police Chief that the licensee is conducting bingo games in violation of any of the provisions of this chapter or that the license was obtained by fraudulent representation, and no summary suspension is ordered under Section 5-11-13 of this chapter, the license may be revoked; provided, however, the licensee may appear before the Police Chief, at the time fixed by the Police Chief, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five (5) days before the hearing thereon by depositing in the United States mail a notice directed to such licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the revocation.

(b) Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the Council, on appeal, determines to overrule the decision of the Police Chief.

5-11-15 Licenses: Revocation: Appeals.

(a) Any holder of a license whose license is revoked under this chapter shall have the right to appeal said revocation as provided by Title 1, Chapter 4 of this Code.

(b) Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the City for a period of one year after the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under subsection (d) of Section 23701 of the Revenue and Taxation Code of the State, such organization may again apply for a license upon proof of the reinstatement of such exemption.

(866-CS, Amended, 02/09/1995)

5-11-16 Charges and prizes.

(a) The maximum charge per bingo card shall be One and no/100ths ($1.00) Dollar per card or Two and 50/100ths ($2.50) Dollars for three (3) cards. Each card may be used for not less than six (6) games.

(b) The total value of prizes awarded during the conduct of any bingo game shall not exceed Two Hundred Fifty and no/100ths ($250.00) Dollars in cash or kind, or both, for each separate game which is held.

5-11-17 Profits: Accounting records.

All profits derived from a bingo game shall be kept in a special bank account and shall not be commingled with any other fund or account. The licensee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision, and any other phase of bingo games which are authorized by this chapter. Each month, the licensee shall prepare and submit to the City a statement of revenue and expenses. The City may, at licensee's expense, have a licensed professional conduct an annual audit of licensee's operation and shall have the right to examine all records at any reasonable time, and the licensee shall fully cooperate with the City by making such records available.

(Ord. 1000-CS, Amended, 01/09/2003)

5-11-18 Financial interests exclusive to licensees.

No individual, corporation, partnership, or other legal entity, except the licensee, shall hold a financial interest in the conduct of a bingo game.

5-11-19 Operators.

A bingo game shall be operated and staffed only by members of the licensee organization whose names shall have been previously given to the Police Chief in accordance with subsection (c) of Section 5-11-09 of this chapter. Such members shall at all times during the conduct and operation of a bingo game be conspicuously identified by a name tag or other appropriate means as members authorized to operate and staff such game. Such members shall not receive a profit, wage, salary or reimbursement for expenses, shall not accept tips or gratuities from players, and shall not play in the games while working. Only the licensee shall operate such game or participate in the promotion, supervision, or any other phase of such game.

(Ord. 1000-CS, Amended, 01/09/2003)

5-11-20 Open to public.

All bingo games shall be open to the public, not just to the members of the licensee organization.

5-11-21 Attendance limited to occupancy capacity.

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 such game is conducted as determined by the Fire Department and Building Inspection Department of the City in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person.

5-11-22 Use of licensee's property required.

A licensee 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. 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 as an office and as a place for the performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon an application under this chapter, when it again owns or leases property used by it for an office or for the performance of the purposes for which the organization is organized.

5-11-23 Minors.

No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo game.

5-11-24 Use of credit.

No licensee shall issue chips or money to a patron on credit or loan (including, but not limited to, IOU's and checks to be held) or allow any patron to play on credit.

5-11-25 Intoxicated persons.

No person who is in a state of intoxication shall be allowed to participate in a bingo game.

5-11-26 Hours of operation.

No licensee shall conduct any bingo game more than six (6) hours out of any twenty-four (24) hour period. No bingo game shall be conducted before 9:00 a.m. nor after 2:00 a.m. of any day.

5-11-27 Posting rules and regulations.

The licensee shall post in a conspicuous place during the conduct of any bingo game the rules and regulations of the game.

5-11-28 Participants to be present.

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.

5-11-29 Security.

Licensee must provide security personnel during all hours of operation. The security personnel may not be members of the organization. Such personnel must be employees of a licensed security company and must possess a valid security guard card issued by the California Department of Consumer Affairs. Security personnel are not to be assigned other duties.

(Ord. 1000-CS, Repealed and Replaced, 01/09/2003)

5-11-30 Violations: Enjoinment by City.

The City may bring an action in a court of competent jurisdiction to enjoin a violation of the provisions of Section 326.5 of the Penal Code of the State or of this chapter.