CHAPTER 13. BINGO GAMES
4-13.01 Definition of Bingo.
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. (§1(part), Ord. 1287, eff. October 27, 1976)
4-13.02 Organizations Eligible to Conduct Bingo Games.
Pursuant to the provisions of Section 326.5 of the Penal Code of the state and Section 19 of Article IV of the State Constitution, those organizations exempted from the payment of the Bank and Corporation Tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code and, in addition, mobile home park associations and senior citizens’ organizations are hereby allowed to conduct bingo games in the City provided said organizations have first complied with the provisions of Chapter 13, Title 4 of this Code. (§1(part), Ord. 1287, eff. October 27, 1976, as amended by §1, Ord. 1325, eff. October 20, 1977)
4-13.03 Filing of Application and Certificates.
a. Any organization desiring to conduct a bingo game shall first file with the Director of Finance of the City a bingo application which shall contain the following information:
1. The name of the applicant organization and a statement that the applicant is a qualified organization to conduct bingo;
2. The name and signature of at least two officers, including the presiding officer, of the organization;
3. The property within the City, including the street number, owned or leased by the applicant, used by such applicant for an office or for 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;
4. The application shall be signed by the applicant under penalty of perjury;
5. The application shall include as an attachment a certificate of the Franchise Tax Board establishing that the organization is currently exempted from the payment of the Bank and Corporation Tax by any of the Revenue and Tax Code provisions cited in §4-13.01. Mobile home park associations and senior citizens’ organizations are not required to file tax certificates.
b. There shall be no fee for the processing of the application. An approved application shall be kept upon the premises where bingo is conducted. (§1(part), Ord. 1287, eff. October 27, 1976, as amended by §2, Ord. 1325, eff. October 20, 1977)
4-13.04 Minors.
No person under the age of eighteen years shall be allowed to participate in any bingo game. (§1(part), Ord. 1287, eff. October 17, 1976)
4-13.05 Location of Bingo Game.
Any organization complying with Section 4-13.03 of this chapter shall conduct a bingo game only on property owned or leased by it. However, property owned or leased by it need not be used or leased exclusively by such organization. (§1(part), Ord. 1287, eff. October 27, 1976, as amended by §3, Ord. 1325, eff. October 20, 1977)
4-13.06 Open to Public.
All bingo games allowed in this chapter shall be open to the public, not just to the members of the organization. (§1(part), Ord. 1287, October 27, 1976)
4-13.07 Staffing.
A bingo game shall be operated and staffed only by members of the organization which organized it. Such members 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. (§1(part), Ord. 1287, eff. October 27, 1976)
4-13.08 Financial Interest.
It is unlawful for any individual, corporation, partnership or other legal entity except the organization authorized to conduct a bingo game to hold a financial interest in the conduct of such bingo game. (§1(part), Ord. 1287, eff. October 27, 1976)
4-13.09 Special Fund and Annual Report.
All proceeds derived from a bingo game shall be kept in a special fund or account and shall not be co-mingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows:
1. Such proceeds may be used for prizes;
2. A portion of such proceeds, not to exceed ten percent of the proceeds after the deduction for prizes, or five hundred dollars per month, whichever is less, may be used for rental of property, overhead and administrative expenses. (§1(part), Ord. 1287, eff. October 27, 1976, as amended by §4, Ord. 1325, eff. October 20, 1977)
4-13.10 Personally Present.
It is unlawful for any person to participate in a bingo game unless such person is physically present at the time and place in which the bingo game is being conducted. (§1(part), Ord. 1287, eff. October 27, 1976)
4-13.11 Prizes.
The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. (§1(part), Ord. 1287, eff. October 27, 1976)
4-13.12 Penalty.
No person shall receive a profit, wage or salary from any bingo game authorized under this chapter. A violation of this section shall be punishable by a fine not to exceed ten thousand dollars, as provided in Section 326.5(c) of the Penal Code, which fine shall be deposited in the general fund of the City. (§1(part), Ord. 1287, eff. October 27, 1976 )