Chapter 5.10
BINGO GAMES
Sections:
5.10.080 Nonprofit, charitable organization.
5.10.100 Ownership or leasing of premises.
5.10.130 Financial interest prohibited.
5.10.140 Special account for funds.
5.10.150 Physical presence required.
5.10.010 Intent.
This chapter is enacted pursuant to Article IV, Section 19 of the California Constitution. [Ord. 533-77 § 1, 1-9-77. Prior code § 10-41].
5.10.020 Authorization.
Pursuant to Penal Code Section 326.5, bingo games are authorized to be conducted pursuant to this chapter. [Ord. 533-77 § 2, 1-9-77. Prior code § 10-42].
5.10.030 License required.
No person shall conduct or participate in a bingo game which is not licensed pursuant to this chapter. [Ord. 533-77 § 3, 1-9-77. Prior code § 10-43].
5.10.040 Application.
(1) Each nonprofit, charitable organization seeking a license to conduct bingo games shall file with the chief of police an application and nonrefundable application fee of $15.00.
(2) The application shall be filed at least five working days prior to the initial games and shall include:
(a) The name and address of the nonprofit, charitable organization which is seeking to conduct the game(s).
(b) The name and address of the nonprofit, charitable organization for whose benefit the game(s) is (are) conducted.
(c) The names and addresses of the officers of the organizations set forth pursuant to subsections (2)(a) and (b) of this section.
(d) The building or location where the game(s) will be conducted.
(e) The days or dates and hours during which the game(s) will be conducted.
(f) Such other information as the chief of police deems relevant to the enforcement of this chapter. [Ord. 533-77 § 4, 1-9-77. Prior code § 10-44].
5.10.050 Investigation.
The chief of police, fire chief and building official shall investigate the applicants and locations of the proposed games to determine if the applicants meet the requirements of this chapter, and to determine if the locations and times of the games comport with the public health, safety, welfare and morals. [Ord. 533-77 § 5, 1-9-77. Prior code § 10-45].
5.10.060 Issuance of license.
Upon finding that the applicant meets the qualifications of this chapter, and that the location and times of the proposed games comport with the public health, safety, welfare and morals, the chief of police shall issue a license to the nonprofit, charitable organization setting the location, times and other conditions necessary to protect the public health, safety, welfare and morals in the conduct of the games. [Ord. 533-77 § 6, 1-9-77. Prior code § 10-46].
5.10.070 Revocation.
The chief of police may, upon notice and opportunity to be heard, revoke or suspend any license issued under this chapter for cause. [Ord. 533-77 § 7, 1-9-77. Prior code § 10-47].
5.10.080 Nonprofit, charitable organization.
License shall be granted only to organizations exempted from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code and a contribution to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954. [Ord. 533-77 § 8, 1-9-77. Prior code § 10-48].
5.10.090 Minors.
No persons under 18 years of age shall be allowed to participate in any bingo game. [Ord. 533-77 § 9, 1-9-77. Prior code § 10-49].
5.10.100 Ownership or leasing of premises.
A nonprofit, charitable organization 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 performance of the purposes for which the organization is organized. [Ord. 533-77 § 10, 1-9-77. Prior code § 19-50].
5.10.110 Open to public.
All bingo games shall be open to the public and not just to the members of the nonprofit, charitable organization. [Ord. 533-77 § 11, 1-9-77. Prior code § 10-51].
5.10.120 Operation of game.
A bingo game shall be operated and staffed only by members of the nonprofit, charitable 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. [Ord. 533-77 § 12, 1-9-77. Prior code § 10-52].
5.10.130 Financial interest prohibited.
No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game. [Ord. 533-77 § 13, 1-9-77. Prior code § 10-53].
5.10.140 Special account for funds.
All profits derived from a bingo game shall be kept in special fund or account and shall not be commingled with any other fund or account. [Ord. 533-77 § 14, 1-9-77. Prior code § 10-54].
5.10.150 Physical presence required.
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. [Ord. 533-77 § 15, 1-9-77. Prior code § 10-55].
5.10.160 Prizes.
The total value of prizes awarded during the conduct of any bingo games shall not exceed $250.00 in cash or kind, or both, for each separate game which is held. [Ord. 533-77 § 16, 1-9-77. Prior code § 10-56].
5.10.170 Record keeping.
Licenses shall keep and maintain full, complete and accurate records and accounts and shall include in such accounts the amount of money obtained from players, the amount of money or type and value of prizes given for each game played, and the disposition of all funds generated by the conduct of bingo games. The city shall have the right to inspect such records at any reasonable time. [Ord. 533-77 § 17, 1-9-77. Prior code § 10-57].