II. Specific Business Regulations
Chapter 5.24
BINGO
Sections:
5.24.050 License – Application – Contents.
5.24.060 License – Application – Fees.
5.24.070 License – Suspension or revocation.
5.24.080 Conduct of bingo games.
5.24.090 Co-sponsoring bingo games.
5.24.100 Penalty for violation.
5.24.110 Violation deemed nuisance.
For statutory provisions on bingo games for charity, see Penal Code §326.5.
5.24.010 Authority.
This chapter is enacted pursuant to Article IV, Section 19 of the California Constitution. Ord. 901 (part), 1976: prior code §14.26).
5.24.020 Conduct authorized.
Pursuant to Penal Code Section 326.5, bingo games are authorized to be conducted within the city limits, subject to the provisions of this chapter. (Ord. 901 (part), 1976: prior code §14.27).
5.24.030 Bingo defined.
“Bingo” or “bingo games” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on cards that conform to numbers or symbols selected at random. Notwithstanding State Penal Code Section 330c, as used in this section, the game of bingo shall include cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game or prior to the time of purchase by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend, “for sale or use only in a bingo game authorized under California law and pursuant to local ordinance.” (Ord. 1516 §1, 1994: Ord. 1361 §1, 1988: Ord. 1168 §1, 1982: Ord. 1088 §1(part), 1980).
5.24.040 License – Required.
No bingo game shall be allowed, played or conducted without a license first being obtained from the city. Licenses shall be effective either for a single event or for the calendar year in which issued. (Ord. 1516 §2, 1994: Ord. 1055, 1980: Ord. 901 (part), 1976: prior code §14.29).
5.24.050 License – Application – Contents.
An application for a bingo license shall be filed in the office of the director of finance. The application for such license shall be signed and verified by the applicant and shall set forth the following information:
A. The name and address of the organization to which the license will be issued;
B. Whether or not the application is for a single permit or a calendar year license;
C. The name, address and telephone number of the applicant, who shall be a duly authorized representative of the applying organization;
D. The name, address and telephone number of the president or chief officer of the organization which intends to conduct any bingo game;
E. The person who has custody of the financial records of bingo games which are required by the provisions of this chapter, and the location of said records;
F. The location where the bingo game is intended to be held;
G. The day or days of the week or specific dates upon which the bingo games are to be conducted, and the hours thereof;
H. A schedule of fees or charges to be collected from players for each bingo game, or for different varieties of bingo games being conducted,
I. A statement that the place where the bingo games are to be conducted is property owned or leased by the organization or property whose use is donated to the organization, and which property is used by the organization for an office or for performance of the purposes for which the organization is organized;
J. Each application for a bingo license shall be accompanied by a written resolution of the governing board or body of the organization which is to conduct such games, officer of said organization and its secretary, authorizing the application for a bingo license;
K. Each application for a bingo license shall be accompanied by a certificate issued by the Franchise Tax Board of the state of California or by the Internal Revenue Service certifying the tax-exempt status of the organization applying for said license. (Ord. 1516 §3, 1994; Ord. 901 (part), 1976: prior code §14.30).
5.24.060 License – Application – Fees.
A. All applications for bingo licenses shall be accompanied by an application fee of fifty dollars, of which fifty percent shall be refunded should the license be denied.
B. The office of the director of finance shall verify the tax-exempt status of the applying organization and shall verify that the bingo games shall be conducted on property owned or leased by the organization or property whose use is donated to the organization, and which is used by that organization for an office or for the performance for the purposes for which the organization is organized.
C. The city director of finance shall forward the application to the chief of police, who shall find and determine that:
1. The conduct of such bingo games at the times and at the place indicated will not disturb the peace of the neighborhood and will not create substantial traffic or parking problems; and
2. Neither the applying organization, nor any person listed in the application, has violated any laws and regulations of the city regarding building, fire, health or safety, or provisions of the ordinance on a previous occasion, and that the applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statement of facts in his application or any other documents required by the city to be submitted in connection with the application. (Ord. 1516 §4, 1994; Ord. 1118, 1981; Ord. 901 (part), 1976: prior code §14.31).
5.24.061 Monthly payments.
A. In addition to the fee provided for in subsection 5.24.060(A) of this chapter, each licensee shall pay, on a monthly basis, a fee for law enforcement and public safety costs incurred by the city that are directly related to bingo activities, as permitted by California Penal Code Section 326.5(1)(2). Such fee shall not exceed the actual costs incurred by the city in providing such services and shall be assessed against the total value of prizes awarded in a month over one thousand five hundred dollars.
B. The additional fee shall be due and payable on the first day of each month and shall be paid to the office of the director of finance, together with such information as the director of finance may require. A licensee’s failure to submit payment of the additional fee within thirty days of the fee’s due date shall be grounds for suspension or revocation of a licensee’s license to conduct bingo games.
C. Licensees awarding less than one thousand five hundred dollars in prizes during any calendar month shall not be required to pay the fee required under this section. However, such licensees shall:
1. Report, on a monthly basis, such information as the director of finance may require, including, but not limited to, the gross revenue, attendance, number of games, and the total amount of prizes awarded during the preceding month. Such report shall be submitted to the office of the director of finance not later than thirty days following the last day of the month for which the report is made. Failure to submit the report within such time period shall be grounds for suspension or revocation of the licensee’s license to conduct bingo games.
2. Post in a prominent and conspicuous place at the location where the bingo games are played a sign notifying game participants that: “This organization qualifies for the small game exemption provided for under Section 5.24.061 of the Vacaville Municipal Code and, as such, is exempt from certain provisions of the Vacaville Bingo Ordinance.”
D. The city or its representative shall have the right to inspect or audit the licensee’s records to determine if proper payments have been made to the city. The cost of such inspection or audit shall be borne by the licensee if the inspection or audit results in increasing, by more than two percent, the licensee’s payment to the city in any calendar year. (Ord. 1569 §1, 1997: Ord. 1562 §1, 1996: Ord. 1516 §5, 1994).
5.24.070 License – Suspension or revocation.
A. Calendar year licenses to conduct bingo games shall be suspended by the chief of police for a period up to thirty days if the licensee has violated any of the provisions of this chapter. Prior to the suspension, the licensee shall be given notice and the opportunity to be heard. Such hearings shall be before the chief of police, and a notice shall be given at least five days prior to such hearing, which notice shall contain the grounds set forth for the proposed suspension. Any person may appeal the ruling of the chief of police to the city council within ten days in writing after the ruling has been rendered. Upon the mailing of the notice of suspension, the licensee organization and any person acting in its behalf shall not conduct any bingo games for the duration of the suspension, unless and until such time as the city council acts favorably on the appeal.
B. If the chief of police in his discretion feels that revocation is warranted, he shall request the city council to revoke said license. Upon receipt of the request of the chief of police, the council shall set a public hearing to consider the revocation, and shall cause notice to be issued to the licensee of such hearing at least ten days prior to the hearing. The city council may revoke any bingo license upon a finding that any provision of this chapter has been violated. No organization or person listed on a license application may reapply or be granted a bingo license within two years of revocation by the council.
C. If, as a result of any violation of this chapter, a license is suspended or revoked, the licensee shall, at the city’s option, reimburse the city for the costs reasonably incurred by the city in investigating the violation. Such costs shall be limited to the costs of investigating and reviewing the licensee’s books, records and activities by the city or its representative. (Ord. 1516 §6, 1994; Ord. 901 (part), 1976: prior code §14.32).
5.24.080 Conduct of bingo games.
A. It is a misdemeanor, punishable by a fine not to exceed ten thousand dollars, as authorized by Penal Code Section 326.5(c), for any person to receive a profit, wage or salary from any bingo game.
B. No minors shall be allowed to participate in any bingo game.
C. A licensee shall conduct bingo games only on property owned or leased by it or property whose use is donated to the organization, and which property is used by that organization for an office or for performance of the purposes for which the organization is organized.
D. All bingo games shall be open to the public, not just the members of the nonprofit, charitable organization.
E. A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage or salary from any bingo game. Only the licensee organization shall operate such game or participate in the promotion, supervision or any other phase of such game. This subsection does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the bingo game.
F. No individual corporation, partnership, or other legal entity except the licensee organization shall hold a financial interest in the conduct of any bingo game.
G. All profits derived from any bingo game shall be kept in a special fund or account and shall not be co-mingled with any other fund or account.
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. For each separate game of bingo which is held, the total value of prizes available to be awarded during the conduct of such game shall not exceed, in cash or kind, the amount specified in Section 326.5 of the California Penal Code, as such section may be amended or renumbered from time to time.
J. All books and records of income and expenses shall be maintained at the principal place of business of the licensee organization or at such other place as it may designate in writing. Such books and records shall be open to inspection and audit by a city representative at least once in each calendar year or at such reasonable times as the chief of police or director of finance determines necessary to protect the health, safety and welfare of the citizens.
K. In addition to subsections A through J of this section, the game of bingo, which includes cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes to certain combinations of numbers or symbols upon uncovering or disclosure of the same, shall be subject to the following rules and regulations:
1. It shall be conducted only by an organization which is licensed to conduct a bingo game in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.
2. It shall be conducted only at the time and place described in subsections 5.24.050(F) and (G).
3. No person participating in the operation of a bingo game shall purchase a card on the night or day of his or her bingo participation. Notwithstanding the foregoing, persons participating in the operation of a bingo game, other than the bingo caller(s), may purchase cards on the night or day of his or her bingo participation, provided:
a. The total value of prizes awarded does not exceed:
i. One hundred dollars in cash or kind, or both, for each separate game which is held; and
ii. Five hundred dollars in cash or kind, or both, for any day on which bingo is played.
b. The total number of persons participating in a game is less than one hundred. (Ord. 1569 §2, 1997; Ord. 1516 §§7 – 10, 1994; Ord. 1168 §2, 1982; Ord. 1088 §1(part), 1980; Ord. 901 (part), 1976: prior code §14.33).
(Ord. 1853, Amended, 03/26/2013)
5.24.090 Co-sponsoring bingo games.
Organizations authorized and properly licensed to conduct bingo games under this code may jointly conduct a bingo game, provided:
A. Each such organization possesses a valid bingo license as required by this chapter at the time of such game;
B. No more than one of the co-sponsoring organizations is conducting bingo games during the then-current calendar month;
C. The co-sponsoring organizations jointly prepare and submit to the director of finance for such games a single monthly report and fee, as required under Section 5.24.061;
D. The total value of prizes exempt from the payment of fees for such jointly sponsored games does not exceed one thousand five hundred dollars per month, as provided by Section 5.24.061; and
E. No single organization shall exempt from the payment of such fees more than one thousand five hundred dollars the total value of prizes awarded in a month. (Ord. 1569 §4, 1997).
5.24.100 Penalty for violation.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to fine or imprisonment, or both. (Ord. 1769, Amended, 9/12/2006; Ord. 1569 §3, 1997; Ord. 901 (part), 1976: prior code §14.34).
5.24.110 Violation deemed nuisance.
In addition to the criminal penalties provided by this code, violation of any provision of this chapter is a public nuisance, which may be abated by the city pursuant to Chapter 8.10. (Ord. 1569 §3, 1997; Ord. 901 (part), 1976: prior code §14.35).
(Ord. 1721, Amended, 09/10/2004)