Chapter 5.16
BINGO

Sections:

5.16.010    Bingo defined.

5.16.020    Licenses required.

5.16.030    Organizations eligible for licenses to conduct bingo games.

5.16.040    Applications for licenses.

5.16.050    Law enforcement costs.

5.16.060    Contents of applications.

5.16.070    Investigations of applicants.

5.16.080    Contents of licenses.

5.16.090    Revocation of licenses – Opportunity for hearings.

5.16.100    Maximum amount of prizes.

5.16.110    Profits/proceeds to be kept in separate funds or accounts.

5.16.120    Financial interests in licensees only.

5.16.130    Exclusive operation by licensees.

5.16.140    Bingo games open to the public.

5.16.150    Attendance limited to occupancy capacity.

5.16.160    Bingo games conducted only on property of licensees.

5.16.170    Minors not to participate.

5.16.180    Alcoholic beverages prohibited – Intoxicated persons not to participate.

5.16.190    Days and hours of operation.

5.16.200    Participants shall be present.

5.16.210    Receipts of profits by persons misdemeanors under state laws.

5.16.220    City may enjoin violations.

5.16.230    Violation – Penalty.

5.16.010 Bingo defined.

As used in this chapter, “bingo” shall have the same meaning as set forth in Penal Code Section 326.5, as the same may be amended from time to time. (Ord. 1551 § 1, 1998: prior code § 6-8.01)

5.16.020 Licenses required.

The game of bingo shall not be allowed, played or conducted except pursuant to a license obtained from the city in the manner provided in this chapter. Such licenses shall be posted in a conspicuous place on the premises where bingo games are conducted so as to be easily seen. (Prior code § 6-8.02)

5.16.030 Organizations eligible for licenses to conduct bingo games.

The city shall have the authority, pursuant to this chapter and applicable state laws, to issue licenses for games of bingo by organizations exempted from the payment of the bank and corporations tax by California Revenue and Taxation Code Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701w and 23701 and by mobile home park associations, senior citizen organizations, and charitable organizations affiliated with a school district, provided all the requirements of Section 326.5 of the Penal Code of the state are satisfied. (Ord. 1718 § 1, 2010: Ord. 1551 § 2, 1998: prior code § 6-8.03)

5.16.040 Applications for licenses.

Organizations eligible under Section 5.16.030, desiring to obtain such licenses to conduct bingo games in the city, shall file an application in writing in the community development department on a form provided by such department. The issuing authority shall be the city council. If the initial application is granted, it shall remain in force for a period of one year thereafter, subject to annual renewal upon filing a renewal application. Both the original application and renewal application shall be accompanied by a fee established by resolution of the city council. If the application or renewal is denied, one-half of the application fee shall be refunded to the organization. (Ord. 1726 § 7, 2011: Ord. 1551 § 3, 1998: prior code § 6-8.04)

5.16.050 Law enforcement costs.

The licensee shall pay for all law enforcement and public safety costs incurred by the city that are directly related to the bingo activities of the licensee. Bills shall be submitted within thirty days of the costs being incurred by the city and shall be paid within a thirty-day period of time. The fees billed shall not exceed the city’s actual costs incurred in providing the service. (Ord. 1551 § 4, 1998)

5.16.060 Contents of applications.

Applications for the licenses required by the provisions of this chapter shall contain the following:

A. The name of the applicant organization and a statement that the applicant is an eligible organization under Section 5.16.030;

B. The name and signature, under penalty of perjury, of at least two officers, including the presiding officer, of the organization and their places of residence. If any information pertaining to the officers shall change during the term of the license, the city shall be notified within five working days;

C. The particular property within the city, including the street number, owned or leased by the applicant or donated to the eligible organization and used by the applicant for an office or for the 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 and a statement as to how long the applicant has occupied such property;

D. The desired day of the week and the hours of the day for the conduct of bingo games;

E. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code of the state and this chapter, as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the city manager upon the violation of any of such provisions;

F. Where applicable the applicant shall also submit, with its application, the appropriate documentation from the exemption division of the Franchise Tax Board of the state showing the applicable exemptions; and

G. Any other information deemed necessary by the city manager in order to render a decision. (Ord. 1551 § 5, 1998: prior code § 6-8.06)

5.16.070 Investigations of applicants.

Upon the receipt of the completed application and the fee, the community development director shall refer the application to the city manager for such investigations as the city manager deems necessary to determine whether or not all the statements in the application are true, and whether or not the property of the applicant qualifies, and the extent to which it qualifies for the lawful conduct of bingo games. (Ord. 1726 § 8, 2011: prior code § 6-8.07)

5.16.080 Contents of licenses.

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city, the council, at its discretion, taking into consideration all factors revealed or ascertained through the application process, may issue a license to the applicant, which license shall contain the following information; nothing in this chapter shall be construed as limiting the placing of reasonable conditions or restrictions on any such license by the city:

A. The name and nature of the organization to which the license is issued;

B. The address where the bingo games are authorized to be conducted;

C. The occupancy capacity of the room in which the bingo games are to be conducted;

D. The date of the expiration of such license; and

E. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. (Prior code § 6-8.08)

5.16.090 Revocation of licenses – Opportunity for hearings.

A. Whenever it appears to the city manager that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the city manager shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game. The order issued pursuant to this subsection shall inform the licensee of its right to appeal pursuant to subsection C of this section and that failure to file a written appeal shall constitute a final decision to revoke the license.

B. Any person who continues to conduct a bingo game after any suspension thereof under subsection A of this section shall be deemed guilty of a misdemeanor.

C. Within seven days after the receipt of the notice of suspension, the applicant may file a notice of appeal with the city clerk, addressed to the council, and stating the basis of the appeal.

The city clerk shall schedule a hearing, to determine whether such license shall be revoked, to be held within fifteen days after the filing of the notice of appeal. The city clerk shall cause the applicant to be given notice of the hearing by certified mail at least five days in advance of the date of the hearing. The applicant, or his designated representative, may appear before the council and make an oral presentation of the appeal, or he may make the appeal through a written statement, or he may do both. The council shall rule on the appeal within fifteen days after it is heard, and such ruling shall be final.

D. Any organization whose permit is revoked under this section shall not conduct any bingo game in the city until such time as the license is reinstated.

E. Any organization whose permit is finally revoked may not again apply for a permit to conduct bingo games in the city for a period of one year after the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption under subsection (d) of Section 23701 of the Revenue and Taxation Code of the state, such organization may again apply for a permit upon proof of the reinstatement of such exemption. (Ord. 1551 § 6, 1998; prior code § 6-8.09)

5.16.100 Maximum amount of prizes.

The total value of prizes awarded during the conduct of any bingo game shall not exceed five hundred dollars in cash or kind, or both, for each separate game which is held. (Ord. 1718 § 2, 2010: prior code § 6-8.10)

5.16.110 Profits/proceeds to be kept in separate funds or accounts.

A. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, 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. Those profits shall be used only for charitable purposes.

B. With respect to other organizations authorized to conduct bingo games, all proceeds 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. Proceeds are the receipts of bingo games conducted by organizations not within subsection A of this section. Those proceeds shall be used only for charitable purposes, except as follows:

1. The proceeds may be used for prizes.

2. A portion of the proceeds, not to exceed twenty percent of the proceeds before the deduction for prizes, or two thousand dollars per month, whichever is less, may be used for the rental of property and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

3. The proceeds may be used to pay the application fee.

C. The licensee shall keep a full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this chapter.

D. The city, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with the city by making such records available. (Ord. 1551 § 7, 1998: prior code § 6-8.11)

5.16.120 Financial interests in licensees only.

No individual, corporation, partnership or other legal entity, except the licensee, shall hold a financial interest in the conduct of such bingo games. (Prior code § 6-8.12)

5.16.130 Exclusive operation by licensees.

Bingo games shall be operated and staffed only by members of the licensee organization. Those members shall not receive a profit, wage or salary from any bingo game. Only the licensee shall operate such games or participate in the promotion, supervision or any other phase of such games. This section does not preclude the employment of security personnel who are not members of the licensee organization. (Ord. 1551 § 8, 1998: prior code § 6-8.13)

5.16.140 Bingo games open to the public.

All bingo games shall be open to the public, not just to the members of the licensee organization. (Prior code § 6-8.14)

5.16.150 Attendance limited to occupancy capacity.

Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the fire department and building department of the city in accordance with applicable laws or regulations. The licensee shall not reserve seats or space for any person. (Prior code § 6-8.15)

5.16.160 Bingo games conducted only on property of licensees.

A licensee shall conduct a bingo game only on property owned or leased by it, property whose use is donated to the organization, and which property is used by that organization for an office or for the performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office or as a place for the performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an organization, upon an application under this chapter, when the organization again owns or leases property used by it for an office or for the performance of the purposes for which the organization is organized. (Ord. 1551 § 9, 1998: prior code § 6-8.16)

5.16.170 Minors not to participate.

No person under the age of eighteen years of age shall be allowed to participate in any bingo game. (Prior code § 6-8.17)

5.16.180 Alcoholic beverages prohibited – Intoxicated persons not to participate.

No intoxicating liquor or beverage shall be sold, given away, dispensed, consumed or permitted on the premises of the licensee property designated for the playing of bingo during the hours of bingo operation on the day or days specified for the particular licensee’s bingo operation. No person who is obviously intoxicated shall be allowed to participate in a bingo game. (Prior code § 6-8.18)

5.16.190 Days and hours of operation.

No licensee shall conduct any bingo game more than six hours out of any twenty-four hour period. No bingo game shall be conducted before ten a.m. nor after two a.m. of any day. No licensee may conduct bingo games more than once each calendar week. The council may approve exceptions to the restrictions on days after a written application and hearing, if deemed necessary, by the council. The council may authorize bingo games on certain specified dates which may include more than one day in any given week. (Prior code § 6-8.19)

5.16.200 Participants shall be present.

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. (Prior code § 6-8.20)

5.16.210 Receipts of profits by persons misdemeanors under state laws.

It shall be a misdemeanor under subsection (b) of Section 326.5 of the Penal Code of the state for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city. Security personnel employed by the licensee may be paid from the revenues of bingo games as provided for in Section 5.16.110(A) and (B) above. (Ord. 1551 § 10, 1998: prior code § 6-8.21)

5.16.220 City may enjoin violations.

The city may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code of the state or of this chapter. (Prior code § 6-8.22)

5.16.230 Violation – Penalty.

Any person, or persons, conducting a bingo game without a duly issued license pursuant to the provisions of this chapter shall be guilty of a misdemeanor, and any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. 1744 § 7, 2013: prior code § 6-8.23)