Chapter 5.08
BINGO
Sections:
5.08.010 Definitions.
5.08.020 Purpose and intent.
5.08.030 Permit required.
5.08.040 Evidence of tax exemption status.
5.08.050 Recordkeeping.
5.08.060 Profits kept separate.
5.08.070 Location.
5.08.080 Hours of operation.
5.08.090 Participation of minors prohibited.
5.08.100 Prize value limitation.
5.08.110 Operation regulations.
5.08.010 Definitions.
As used in this chapter:
A. “Bingo game” means a game of chance in which a prize or prizes are awarded on the basis of a designated alignment of numbers or symbols on a card which conforms to numbers or symbols selected at random.
B. “Charitable organizations” means and includes only those organizations exempted from 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 mobile home park associations and senior citizens’ organizations; provided, that the receipts of such games are used only for charitable purposes. (Ord. 417 § 17, 1985; Ord. 353 Ch. 4(n) §§ 2, 3, 1977)
5.08.020 Purpose and intent.
It is the purpose of the city council, in enacting this chapter, to enable nonprofit organizations, organized and operated exclusively for such as religious, charitable, scientific, literary or educational purposes, or for the prevention of cruelty to children or animals, to conduct bingo games. (Ord. 353 Ch. 4(n) § 1, 1977)
5.08.030 Permit required.
Only a charitable organization may obtain a license to operate or conduct a bingo game and no such charitable organization shall operate or conduct a bingo game without first obtaining a permit therefor from the chief of police. (Ord. 353 Ch. 4(n) § 4, 1977)
5.08.040 Evidence of tax exemption status.
Any organization applying for a bingo license shall submit with its application therefor a certification from the Franchise Tax Board of tax exempt status under California Revenue and Taxation Code Section 23701(d), and a certification for the Department of Internal Revenue that a contribution or gift to the applicant would be a charitable contribution under Section 170(c)(2) of the U.S. Internal Revenue Code of 1954, as amended. (Ord. 353 Ch. 4(n) § 5, 1977)
5.08.050 Recordkeeping.
Every organization authorized to operate or conduct a bingo game for charitable purposes under this chapter shall “keep separate and accurate books and records of all income and expenses” related to the conduct of such games. The books shall be open for inspection by the
chief of police, or other peace officer of the city, at all times during ordinary hours of business, and shall not in any manner be concealed from the authorities. (Ord. 353 Ch. 4(n) § 6, 1977)
5.08.060 Profits kept separate.
All profits 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. (Ord. 353 Ch. 4(n) § 7, 1977)
5.08.070 Location.
A licensed 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 activities within the purposes for which the organization is organized. (Ord. 353 Ch. 4(n) § 8, 1977)
5.08.080 Hours of operation.
A licensed charitable organization shall not operate or conduct a bingo game between the hours of twelve midnight and eight a.m. (Ord. 353 Ch. 4(n) § 9, 1977)
5.08.090 Participation of minors prohibited.
Participation in all bingo games shall be open to the general public and may not be limited to members of the licensed charitable organization. No minors shall be allowed to participate in any bingo game. 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 game is being conducted. (Ord. 353 Ch. 4(n) § 10, 1977)
5.08.100 Prize value limitation.
The total value of prizes, including cash, awarded during the conduct of any one bingo game shall not exceed two hundred fifty dollars. (Ord. 353 Ch. 4(n) § 11, 1977)
5.08.110 Operation regulations.
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, commission, salary or compensation of any kind in consideration for conducting or helping to conduct any bingo game. It is a misdemeanor for any person to receive a profit, wage, commission, salary, or other compensation from any bingo game authorized in this chapter, punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city. 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. 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 the game. (Ord. 353 Ch. 4(n) § 12, 1977)