Article II. Specific Businesses

Chapter 5.28
BINGO

Sections:

5.28.010    Bingo defined.

5.28.020    Bingo games allowed.

5.28.030    Limited to nonprofit organizations.

5.28.040    Profits, wages or salaries.

5.28.050    No participation by minors.

5.28.060    Location of games.

5.28.070    Open to public.

5.28.080    Limited to organization personnel.

5.28.090    No other financial interest.

5.28.100    Special fund for profits.

5.28.110    Participants physically present.

5.28.120    Limit on prizes.

5.28.130    Issuance of permits—Fees—Reporting—Revocation.

5.28.140    Violation deemed public nuisance.

5.28.150    Cumulative remedies.

5.28.160    Violation of Section 5.28.040.

5.28.010 Bingo defined.

As used in this chapter, “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 solely at random. Notwithstanding Penal Code Section 330c, as used in this section, the game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes; provided, however, that such cards may be sold or used only in connection with the conduct or operation of a bingo game which is proper and authorized pursuant to the provisions of a city ordinance (i.e., the game must be open to the public, etc.). The winning cards shall not be known prior to the game by any person participating in the play or operation of the bingo game. All such preprinted cards shall bear the legend “for sale or use only in a bingo game authorized under California law and pursuant to local ordinance.” (Ord. 80-1 § 1(b), 1980; Ord. 77-9 § 12, 1977)

5.28.020 Bingo games allowed.

Bingo games shall be allowed within the incorporated area of the city pursuant to the terms of this chapter. (Ord. 77-9 § 1, 1977)

5.28.030 Limited to nonprofit organizations.

Bingo games shall be operated and/or conducted only by and for the benefit of organizations which are either:

A.    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 California Revenue and Taxation Code; or

B.    Mobile home park associations or senior citizens’ organizations. (Ord. 77-9 § 2, 1977)

5.28.040 Profits, wages or salaries.

No person shall receive or pay a profit, wage or salary from any bingo game authorized by this chapter and by Section 19 of Article IV of the state Constitution. (Ord. 77-9 § 3, 1977)

5.28.050 No participation by minors.

No minor shall be allowed to participate in any manner whatsoever in any bingo game. (Ord. 77-9 § 4, 1977)

5.28.060 Location of games.

An organization authorized to conduct bingo games pursuant to Section 5.28.030 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 section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (Ord. 77-9 § 5, 1977)

5.28.070 Open to public.

All bingo games shall be open to the public, not just to the members of the authorized organization conducting same. (Ord. 77-9 § 6, 1977)

5.28.080 Limited to organization personnel.

A bingo game shall be operated and staffed only by members of the authorized 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 pursuant to this chapter shall operate such game, or participate in the promotion, supervision or any other phase of such game. (Ord. 77-9 § 7, 1977)

5.28.090 No other financial interest.

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. 77-9 § 8, 1977)

5.28.100 Special fund for profits.

With respect to organizations exempt from payment of the bank and corporations tax by Section 23701(d) 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. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, 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. Such proceeds shall be used only for charitable purposes, except as follows:

A.    Such proceeds may be used for prizes;

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

C.    Such proceeds may be used to pay license fees. (Ord. 96-25 § 1(8), 1996; Ord. 80-1 § 1(a), 1980; Ord. 77-9 § 9, 1977)

5.28.110 Participants physically present.

No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place at which the bingo game is being conducted. (Ord. 77-9 § 10, 1977)

5.28.120 Limit on prizes.

The total value of prizes awarded during the conduct of any bingo games shall not exceed five hundred dollars in cash or kind, or both, for each separate game which is held. (Ord. 2011-07 § 1, 2011: Ord. 77-9 § 11, 1977)

5.28.130 Issuance of permits—Fees—Reporting—Revocation.

Any organization wishing to conduct bingo games shall first secure a permit from the finance director, which permit shall be issued as follows, in accordance with this section:

A.    Permits shall be valid for one year beginning July 1st and ending June 30th of each year, unless revoked by the city.

B.    A fee of fifty dollars shall be charged for each permit to cover the cost of issuance and review of the documents and information required. There shall be no proration of said fee if issued after July 1st. If an application for a permit is denied, one-half of the fee shall be refunded to the organization.

C.    Prior to the issuance of any permit, the permittee shall submit written evidence satisfactory to the finance director that the organization is qualified under the requirements of Section 5.28.030. If said documents are amended or revoked during the term of the permit, the permittee shall immediately notify the finance director in writing of same.

D.    On or before August 1st of each year, the permittee shall file with the finance director a report showing the income, disbursements and such other information as may be required by the finance director to show compliance with Sections 5.28.080, 5.28.090, 5.28.100 and 5.28.120 of this chapter. The report shall cover the twelve months preceding June 30th. The finance director may establish a different annual reporting date to coincide with the fiscal year of the reporting organization. This annual report shall be signed under penalty by the president and the secretary or treasurer of the organization submitting same, and shall have attached thereto the most recent state and federal informational tax returns filed by said organization.

E.    If the permittee loses its exempt status during the term of the permit, the permit shall be immediately and automatically revoked. The permit may be reinstated without fee by the submission of the documents required for issuance.

F.    The permit of any organization which fails to submit the required reports shall be immediately and automatically revoked. Said permit may be reinstated without additional fee upon the filing of the required report.

G.    The city manager may revoke the permit of any organization that he finds has violated any of the terms, conditions or regulations imposed by this chapter or state law. The city manager shall notify the permittee in writing of said revocation and the grounds thereof. Said revocation shall become effective ten days after depositing the notice in the U.S. mail, postage prepaid, addressed to the organization at the address set forth on the permit.

H.    The permittee may appeal the notice by requesting a hearing before the city manager in writing before the effective date of the notice. The city manager shall hold an informal hearing not less than five days nor more than thirty days after receiving the request for hearing. The city manager shall give not less than three days notice of the time and place of the hearing.

I.    At the hearing, the city manager may consider such documentary or unsworn oral testimony as the permittee wishes to submit. He may also consider the fact of a conviction for violation of this chapter. Upon consideration of the information submitted, the city manager may uphold or withdraw the revocation, or may make reasonable rules for the conduct of the bingo games held by the permittee to avoid future violations. The city manager shall notify the permittee in writing of his decision and file a copy of said decision with the city clerk and finance director. The decision shall become final unless appealed to the city council within ten days of the written determination of the city manager.

J.    The decision of the city manager may be appealed to the city council in the same form and manner as are set forth in the city zoning ordinance for appeals from the decisions of the planning commission.

K.    A permittee may continue to conduct bingo games until the final determination is made on the appeal. (Ord. 82-13 § 1, 1982; Ord. 77-9 § 13, 1977)

5.28.140 Violation deemed public nuisance.

Any bingo game conducted or operated contrary to the terms and provisions of this chapter, or any participation therein contrary to the provisions of this chapter, is declared to be unlawful and a public nuisance, and the city attorney shall, upon order of the city council, immediately commence an action or proceeding for the abatement and enjoinment thereof in the manner provided by law. (Ord. 77-9 § 16, 1977)

5.28.150 Cumulative remedies.

The remedies provided for in this chapter shall be cumulative and not exclusive. (Ord. 77-9 § 17, 1977)

5.28.160 Violation of Section 5.28.040.

It shall be a misdemeanor for any person to violate the provisions of Section 5.28.040 of this chapter, and a conviction of such a violation shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city. (Ord. 77-9 § 14, 1977)