Chapter 28
BINGO
Sections:
5-28.01 Authority: Definitions.
5-28.02 Organizations permitted to conduct bingo games.
5-28.03 Applications for permits required: Contents of permits.
5-28.04 Authority for investigations and recommendations by the Chief of Police.
5-28.05 Investigations and recommendations by other departments.
5-28.06 Approval and issuance of permits.
5-28.07 Waivers of three-year requirement.
5-28.08 Approval and issuance of one-day bingo permits.
5-28.10 Rules and regulations.
5-28.11 Authority to inspect premises and records.
5-28.12 Notices of changes: Further investigations by the Chief of Police.
5-28.13 Duration and permit renewal.
5-28.14 Display of permits and posting of rules and regulations.
5-28.15 Permits nontransferable.
5-28.16 Suspension of permits authorized.
5-28.17 Revocation of permits.
5-28.19 Violations: Penalties.
5-28.01 Authority: Definitions.
Pursuant to the authority provided in subsection (c) of Section 19 of Article IV of the Constitution of the State and Section 326.5 of the Penal Code of the State, the requirements set forth in this chapter are established for the conduct of bingo games by nonprofit charitable organization.
As used in this chapter, “bingo” shall mean a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card, which numbers or symbols conform to numbers or symbols selected at random.
As used in this chapter, “bingo permit” shall mean a permit authorizing the conduct of bingo games for fund-raising purposes by a qualified organization for a one-year term with renewal privileges upon the conditions set forth in this chapter.
As used in this chapter, “one-day bingo permit” shall mean a permit authorizing the conduct of bingo games for fund-raising 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.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.02 Organizations permitted to conduct bingo games.
No person, organization, or other legal entity shall conduct bingo games in the incorporated area of the City unless such person, organization, or other legal entity possesses a valid certificate or letter from the Franchise Tax Board of the State and the Internal Revenue Service stating that it is exempted from the payment of time bank and corporation tax by Section 23701 (a), (b), (d), (e), (f), (g), or (l) of the Revenue and Taxation Code of the State, on is a mobile home park association on senior citizens’ organization, and that a contribution or gift to it would be a charitable contribution under subsection (2) of subsection (c) of Section 170 of the Internal Revenue Code of 1954, and such organization holds a valid permit and pays a license fee pursuant to the provisions of this chapter.
(§ 1, Ord. 412 C-M, eff. November 24, 1977, as amended by § 1, Ord. 458 C-M, eff. April 12, 1979)
5-28.03 Applications for permits required: Contents of permits.
Applications for bingo permits or for the renewal of such permits shall be filed with the Director of Finance, shall be in writing on forms provided by the City, shall be in duplicate, and shall be accompanied by the appropriate fee. The application fees for bingo permits and the renewal thereof shall be set by resolution of the Council. Such fees shall be established to cover the actual cost of processing such applications and shall not be refundable. Such applications shall be verified as provided by the Code of Civil Procedure of the State for the verification of pleadings. Such applications shall include:
(a) The name and address of the organization; the 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 City prior to the application date;
(b) The days and hours of operation of bingo games;
(c) Attached copies of certificates or letters evidencing exempt status under subsection (2) of subsection (c) of Section 170 of the Internal Revenue Code of 1954 received from the Franchise Tax Board of the State and the Internal Revenue Service;
(d) The 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; and 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;
(e) A statement of the ownership or lease of the premises;
(f) The purpose for which such premises are used by the organization;
(g) A statement of the ownership of the bingo equipment used in the operation of bingo games;
(h) A statement of consent for the Chief of Police to investigate any bank account containing moneys derived from bingo games;
(i) The name of each individual, corporation, partnership, or other legal entity which has a financial interest in the conduct of the bingo games;
(j) The name and birth date, residence, and business address of each staff member or person operating or assisting in the operating of the bingo games;
(k) Whether or not any person who will operate or assist in the operation of bingo games has been convicted within the last five (5) years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, burglary, robbery, or similar crimes; and
(l) Such other related information as the Chief of Police may require for clarification.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.04 Authority for investigations and recommendations by the Chief of Police.
(a) The Director of Finance shall submit each application to the Chief of Police for investigation and approval.
(b) The Chief of Police shall conduct an appropriate investigation to determine whether the permit should be issued in accordance with the provisions of this chapter.
(c) The Chief of Police 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 his investigation. The Chief of Police may require the fingerprinting of all officers of the applicant organization to determine their true identity and criminal history information.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.05 Investigations and recommendations by other departments.
The Director of Finance shall submit each application to the following departments for investigation and recommendation:
(a) The City Fire Marshal as to any fire hazard on the premises in question;
(b) The County Health Department as to the health and sanitary conditions of the premises in question;
(c) The Building Inspection Department as to compliance with City building regulations; and
(d) The Planning Director as to compliance with the City zoning requirements and the City zoning ordinance.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.06 Approval and issuance of permits.
After investigation the Chief of Police shall approve the application and the Director of Finance shall issue a bingo permit or the renewal of such permit if the Chief of Police finds:
(a) That a completed written application form therefor has been filed; and
(b) That the required fee therefor has been paid to the Director of Finance; and
(c) That as a result of the investigation all applicable provisions of this chapter with regard to such permit application have been met; and
(d) That the organization has had continuous active existence at a fixed address in the City for at least three (3) years prior to the application date; and
(e) 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 of the City applicable to such premises; and
(f) 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 (5) years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, burglary, robbery, or similar crimes; and
(g) That the applicant has not had a similar type permit previously revoked for good cause within the past year unless the applicant has shown a material change in circumstances since the date of revocation.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.07 Waivers of three-year requirement.
Notwithstanding the provisions of subsection (d) of Section 5-28.06 of this chapter, whenever an application is denied by the Chief of Police for the sole reason that the applicant has not had continuous active existence at a fixed address in the City for at least three (3) years prior to the application date, the applicant may request a waiver of such requirement by the Council by filing a written request there-for with the City Clerk The request shall be set for a hearing in the same manner as an appeal, and the Council may waive all or part of the three (3) year requirement if the Council 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.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.08 Approval and issuance of one-day bingo permits.
Notwithstanding the provisions of Sections 5-28.04, 5-28.05, and 5-28.06 of this chapter, the Director of Finance may issue a one-day permit if:
(a) A completed written application form therefor has been filed; and
(b) The required fee therefor has been paid to the Director of Finance; and
(c) A copy of the application has been submitted by the Director of Finance to the Chief of Police, City Fire Marshal, County Health Department, Building Inspection Department, and Planning Director for their review within a twenty (20) day period, and no submittal has been made by such officers and departments to the Director of Finance indicating any reason why the permit should not be issued.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.09 Notices of decisions.
A notice of the decision with reference to the issuance of a permit under this chapter shall be made by the Director of Finance to the applicant or any other person requesting such notice within thirty (30) days after the receipt of the application for a permit or for the renewal of such permit.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.10 Rules and regulations.
The following rules and regulations shall apply as conditions to a bingo permit and the operation of bingo games:
(a) Minors. No minor shall be allowed within the room in which a bingo game is being operated.
(b) Open to the public. All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization.
(c) Staffing and operation. A bingo game shall be operated and staffed only by members of the nonprofit charitable organization which organized it. Only an organization authorized’ to conduct a bingo game by a permit issued pursuant to this chapter shall operate such game or engage in the promotion, supervision, or any other phase of such game.
(d) No profit, wage, or salary. No person or agent of such person shall receive a profit, wage, salary, or other income from any bingo game authorized by this chapter, except as a bona fide prize received as a participant in such bingo game.
(e) Where bingo may be conducted. An organization authorized to conduct bingo games pursuant to Section 5-28.02 of this chapter 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. Nothing in this subsection shall be construed to require that the property owned or leased by the organization shall be used or leased exclusively by such organization. Bingo games shall be conducted solely within the room designated on the permittee’s application.
(f) Bingo equipment. All equipment used in the operation of bingo games shall be owned by the organization authorized by the permit and license to conduct such bingo games.
(g) Financial interests. No individual, corporation, partnership, or other legal entity, except the organization authorized by the permit and license to conduct a bingo game, shall hold a financial interest in the conduct of such bingo game.
(h) Separate funds. All moneys 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.
(i) Records. 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 laws and for a period of three (3) years for the purposes of this chapter.
(j) Total value of prizes. 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.
(k) Physical presence at bingo games required. No person shall be allowed to participate in a bingo game unless such person is physically present at the time and place at which the bingo game is being conducted.
(l) Number of days and hours of operation. No permittee shall operate bingo games more than one day each week, and no bingo game shall be conducted between the hours of 11:00 p.m. and 10:00 a.m.
(m) Alcohol. No alcoholic beverages shall be sold, served, or permitted within 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.
(n) Cost of bingo cards. No permittee shall receive consideration valued at more than twenty-five (25′) cents per bingo card for each bingo game.
(o) Filing of annual reports. Each nonprofit charitable organization which has been issued a bingo permit, within thirty (30) days after the end of its fiscal year during the term of any such permit, shall file an annual report, made under penalty of perjury, with the Director of Finance containing the following information:
(1) Any changes in or additions to the information required under Section 5.28.03 of this chapter;
(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) The detailed costs to the organization for the operation of the bingo games.
(§ 1, Ord. 412 C-M, eff, November 24, 1977, as amended by § 1, Ord. 584-82 C-M, eff. January 27, 1983)
5-28.11 Authority to inspect premises and records.
(a) The Chief of Police and any official City inspector shall have the authority to enter the permittee’s premises free of charge to inspect the premises in order to insure that the operation of bingo games on the premises does not constitute a violation of any State or Federal law or the provisions of this Code.
(b) The Chief of Police may inspect the records and special bank accounts containing the moneys derived from the bingo games of any organization conducting bingo games whenever deemed reasonable and appropriate to insure compliance with the provisions of this chapter.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.12 Notices of changes: Further investigations by the Chief of Police.
(a) Any change as to the staff operating or assisting in the operation of a bingo game or any other change in the information furnished under Section 5-28.03 of this chapter made subsequent to the issuance of a bingo permit shall be reported within twenty (20) days to the Chief of Police for any further investigation which he deems necessary and appropriate.
(b) If, after such investigation, the Chief of Police finds that the changes require suspension, the Chief of Police may suspend any permit issued and notify the Director of Finance.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.13 Duration and permit renewal.
Bingo permits shall be granted for one-year terms; each term shall be renewable annually. A written application for the renewal of a bingo permit shall be made to the Director of Finance at least one month prior to its expiration date. The Chief of Police shall conduct an investigation in connection with any application for renewal.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.14 Display of permits and posting of rules and regulations.
Every permittee shall keep the permit and/or renewal and a copy of the rules and regulations set forth in Section 5-28.10 of this chapter posted in a conspicuous place in an open and clear view and in the main room on which the bingo games are conducted.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.15 Permits nontransferable.
Permits granted under this chapter shall not be transferable, either as to the license or the location. Any attempt to transfer shall render the permit and license in question invalid.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.16 Suspension of permits authorized.
Any permit issued under this chapter may be suspended by the Chief of Police for the violation of any provision of this chapter or any provision of this Code or of Federal or State laws. The Chief of Police, in the event of such suspension, shall serve the permittee and the Director of Finance with a written order of suspension which shall state the reasons for the suspension and inform the permittee of his right to appeal the order by filing a written request for a hearing with the City Clerk and Chief of Police within ten (10) days after the date of the order. The order shall be effective immediately, if personally served, or forty-eight (48) hours after the order has been deposited in the course of transmission with the United States Postal Service. Immediately upon such an order becoming effective, the permittee shall cease all operations under such permit.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.17 Revocation of permits.
The suspension shall become a revocation ten (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 Council. The suspension shall become a revocation if the suspension of the Chief of Police is upheld.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.18 Appeals.
Any person aggrieved by a decision of the Chief of Police with reference to the approval or denial of an application for a bingo permit may appeal such decision to the Council pursuant to the provisions of Chapter 4 of Title 1 of this Code.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)
5-28.19 Violations: Penalties.
(a) A violation of subsection (d) of Section 5-28.10 of this chapter shall be punishable by a fine not to exceed Ten Thousand and no/100ths ($10,000.00) Dollars, which fine shall be deposited in the City general fund.
(b) Any person who violates any other provision of this chapter shall be guilty of an infraction and shall be subject to the penalties provided in Chapter 2 of Title 1 of this Code.
(§ 1, Ord. 412 C-M, eff. November 24, 1977)