Chapter 3.09 BINGO GAMES

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 at random.

3.09.020 Authority.

The City is authorized, pursuant to Section 19, Article IV, of the Constitution of the State of California, and Section 326.5 of the Penal Code of the State of California, to provide for, and does hereby provide for, bingo games, but only for charitable purposes in accordance with the provisions of this chapter.

3.09.030 License required.

No person shall engage in, carry on, maintain, conduct, or cause to be engaged in, carried on, maintained or conducted, a bingo game in the City without first having secured a license from the City Clerk in accordance with the requirements of this chapter, nor without complying with the regulations contained herein pertaining to the operation of bingo games.

3.09.040 Eligibility for license.

Corporations, community chests or trusts, organized and operated exclusively for religious, charitable, scientific, testing for the public safety, literary, or educational purposes or for the prevention of cruelty to children or animals, exempted from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code of the State of California and a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954, are eligible to apply to the City for a license to conduct bingo games in the City under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter.

3.09.050 Applications for license, term.

Applications for a license to conduct bingo games pursuant to this chapter shall be executed under penalty of perjury and submitted to the City Clerk on forms to be obtained from the City Clerk upon payment of the license fee prescribed in NCC 3.09.070(F). The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee.

3.09.060 Qualifications of applicant.

No license shall be issued to any organization unless such applicant is an eligible organization under NCC 3.09.040 and its application conforms to the requirements, terms and conditions of this chapter.

3.09.070 Application information.

Said application for a license shall contain the following:

A. The name of the applicant organization and a statement that applicant is an eligible organization under NCC 3.09.040.

B. The name and signature of at least two officers, including the presiding officer, of the corporation or community chest and the trustee of any trust.

C. A list of the names of members of the applicant organization who will, from time to time, operate and staff bingo games.

D. The particular property within the City, including the street number, owned or leased by the applicant, used by such applicant for an office or for 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.

E. Proposed days of week, and hours of day for conduct of bingo games.

F. The annual license fee fixed by the City Council by resolution shall accompany the application.

G. The applicant shall also submit, with its application, a current letter or other current evidence from the State Franchise Tax Board showing that the applicant is exempted from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code.

H. A statement 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 of California 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 Chief of Police upon violation of any of such provisions.

I. Said application shall be signed by the applicant under penalty of perjury.

3.09.080 Investigation.

Upon receipt of completed application, the City Clerk shall cause an investigation to be made to determine if all of the statements in the application are true and shall refer the application to other interested departments of the City, including, but not limited to the Chief of Police, the Planning Commission, Building Inspector and Fire Chief, to determine if the appropriate City zoning regulations, Building Code regulations, health regulations and the provisions of the Uniform Fire Code have been or will be complied with.

3.09.090 Issuance of license.

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the City, the City Clerk shall issue a license to said applicant, which shall contain the following information:

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

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

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

D. The date of the expiration of such license.

E. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

3.09.100 License posted.

An organization licensed pursuant to this chapter shall not conduct or permit to be conducted a bingo game unless said license is posted in a conspicuous place during the conduct of any bingo game. The licensee shall produce and exhibit the same, when applying for renewal thereof, and whenever requested to do so by any peace officer or officer authorized to issue, inspect or collect licenses.

3.09.110 Suspension, revocation of license.

A. Whenever it appears to the Chief of Police that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the Chief of Police 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.

B. Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (A) of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable as provided in NCC 1.04.010.

C. The order issued under subsection (A) of this section shall also notify the licensee that it shall have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the Chief of Police within said five-day period, shall result in a revocation of the license.

D. Upon such request by the licensee, whose license has been suspended under subsection (A) of this section, for a hearing to determine whether such license shall be revoked, the Chief of Police shall provide such hearing within 10 days after receipt of such request at which hearing the suspended licensee may appear before the Chief of Police for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.

E. Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the City Council, on appeal, determines to overrule the decision of the Chief of Police.

3.09.120 Revocation of license without suspension.

A. Whenever it appears to the Chief of Police that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered under NCC 3.09.110, the license may be revoked; provided, however, the licensee may appear before the Chief of Police at the time fixed by the Chief of Police, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the revocation.

B. Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the City Council, on appeal, determines to overrule the decision of the Chief of Police.

3.09.130 Appeal.

A. Any holder of a license whose license is revoked under this chapter shall have the right, within 10 days after receiving notice in writing of the revocation to file a written appeal to the City Council. Such appeal shall set forth the specific ground or grounds on which it is based. The City Council shall hold a hearing on the appeal within 30 days after its receipt by the City or at a time thereafter agreed upon and shall cause the appellant to be given at least 10 days’ written notice of such hearing. At the hearing the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his appeal. The determination of the City Council on the appeal shall be final.

B. Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the City for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701(d) of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

3.09.140 Location of games.

A licensee 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. 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 and as a place for 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 eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.

3.09.150 Game operators.

A bingo game shall be operated and staffed only by members of the licensed organization whose names shall have been previously given to the Chief of Police in accordance with NCC 3.09.070(C). Such members shall at all times during the conduct and operation of any bingo game be conspicuously identified by a name tag or other appropriate means, as members authorized to operate and staff such game. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game.

3.09.160 Public games – Limited capacity.

A. All bingo games shall be open to the public, not just to the members of the licensee organization.

B. 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 Inspector of the City in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.

3.09.170 Game rules posted.

The licensee shall post in a conspicuous place during the conduct of any bingo game, the rules and regulations of said game.

3.09.180 Value of 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.

3.09.190 Profits, records kept.

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. The licensee shall keep 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. The City, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time, and licensee shall fully cooperate with the City by making such record available.

3.09.200 Interests held only by licensee.

No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game.

3.09.210 Minors prohibited.

No person under the age of 18 years of age shall be allowed to participate in any bingo game.

3.09.220 Presence at games 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.

3.09.230 Credit, loans prohibited.

No licensee shall issue chips or money to a patron on credit or loan (including but not limited to IOUs and checks to be held) or allow any patron to play on credit.

3.09.240 Intoxicated persons prohibited.

No person who is in a state of intoxication shall be allowed to participate in a bingo game.

3.09.250 Hours of operation.

No licensee shall conduct any bingo game more than six hours out of any 24-hour period. No bingo game shall be conducted before 9:00 a.m. or after 2:00 a.m. of any day.

3.09.260 Violation – Penalty.

A. It is a misdemeanor under Section 326.5(b) of the Penal Code of the State of California 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 $10,000.

B. The City may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this chapter. (Ord. 77-7, 2-22-1977)