Chapter 5.24 BINGO

Pursuant to the authority provided in Section 19(c) of Article IV of the State Constitution and Section 326.5 of the Penal Code, the City establishes the requirements contained in this chapter for the conduct of bingo games by nonprofit charitable organizations. (Ord. 824 (part), 1977)

5.24.020 Chapter provisions supplement State Statutes.

The provisions of this chapter are not intended to conflict with, but shall supplement all laws of the State relating to lotteries, gaming or gambling. (Ord. 824 (part), 1977)

5.24.030 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 at random. (Ord. 824 (part), 1977)

5.24.040 Organizations permitted to conduct games.

No person, organization or other legal entity shall be permitted to conduct bingo games in the City unless such persons, organizations or other legal entities possess a valid certificate or letter from the Franchise Tax Board evidencing that they are 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 Revenue and Taxation Code, or is a senior citizen’s organization; provided, that the proceeds of such games are used only for charitable purposes; provided further, that the organization possesses a valid permit and license issued pursuant to the provisions of this chapter. (Ord. 824 (part), 1977)

5.24.050 Permit—Required.

No organization shall conduct a bingo game without first obtaining a permit from the Planning Commission to do so. (Ord. 824 (part), 1977)

5.24.060 Permit—Application.

Written application for a permit required by this chapter shall be made by affidavit under penalty of perjury and filed with the City Planning Department. Such application shall contain:

A. Name of organization;

B. Days and hours of operation of bingo games;

C. Attached copies of certificates or letters evidencing exempt status under the appropriate section of the Revenue and Taxation Code of the State, designated in Section 5.24.040 of this chapter, received from the Franchise Tax Board;

D. Address of the premises where such bingo game will be conducted;

E. Statement of ownership or lease of premises;

F. Purposes for which such premises is used by the organization;

G. Name of each individual, corporation, partnership or other legal entity which has a financial interest in the conduct of the bingo game;

H. Names and birthdates of each staff member or person operating or assisting in the operation of the bingo game;

I. Such further information as may be required by the Planning Commission. (Ord. 824 (part), 1977)

5.24.070 Application—Investigative authority.

A. The Planning Department shall submit each application to the Chief of Police for investigation and approval.

B. The Chief of Police shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for purposes of his investigation. If he finds that such operators or persons assisting in the operation of a bingo game have been convicted of any felony and/or crimes in the past five years, involving lotteries, gambling, larceny, perjury, bribery or fraud, he may without further proceedings, disapprove issuance of the permit in question. (Ord. 824 (part), 1977)

5.24.080 Application—Review by other departments.

The City Planning Department shall submit each application to the following departments for investigation and approval:

A. Fire Chief as to any fire hazard on the premises in question;

B. County Health Officer as to the health and sanitary conditions of the premises in question;

C. Building Department as to compliance with City building regulations. (Amended during 1989 recodification; Ord. 824 (part), 1977)

5.24.090 Application—Public hearing.

A. The Planning Commission shall hold a public hearing on each application for a bingo permit and shall mail notice thereof to the applicant and to any other person who has filed a written request for such notice.

B. Each applicant shall have the opportunity to review all records, papers, files and any other evidence related to the application for a bingo permit at least five days prior to the time set for public hearing on such application. (Ord. 824 (part), 1977)

5.24.100 Application—Final approval.

A. At the time and place set for public hearing on the application for a bingo permit, the Commission shall consider the records, papers, files and any other evidence it deems relevant and shall render its decision either granting or denying the permit.

B. If the permit is approved, the Commission may include such restrictions and conditions in the permit as it deems reasonable and necessary under the circumstances to insure compliance with the purposes and intent to this chapter. Such restrictions and conditions, without limiting the discretion and authority of the Commission in this regard, may include limitations on the days and hours of operations of bingo games. (Ord. 824 (part), 1977)

5.24.110 Application—Denial.

The Commission may deny a permit if, after consideration of the application and any other papers, records and files it deems relevant, it is determined that the operation of a bingo game would be injurious to the health, safety and morals of the people of the City, or that the permit application or proposed mode of operation of the bingo game is not in compliance with the provisions of this chapter. (Ord. 824 (part), 1977)

5.24.120 License—Required.

In addition to obtaining a permit as required by this chapter, each organization conducting a bingo game shall obtain a license from the Finance Director. No license shall be issued until the applicant therefor has a valid permit covering the organization and the premises. (Ord. 1110 § 4 (A) (part), 1992; Ord. 824 (part), 1977)

5.24.130 License—Fee.

The fee for a business license shall be as set forth in Chapter 5.04 of this Code, Section 5.04.120(F). (Ord. 1110 § 4 (B), 1992)

5.24.150 Permits and licenses—Nontransferable.

Permits and licenses granted under this chapter shall not be transferable, either to the license or to the location. Any attempt to transfer shall render the permit and license in question invalid. (Ord. 824 (part), 1977)

5.24.160 Permits and licenses—Revocation or suspension—Conditions.

Any permit and license issued under this chapter may be suspended or revoked by the Planning Commission on its own motion or on application of the Chief of Police or District Attorney for violation of any of the provisions of this chapter, or any provisions of this Code or Federal or State law. (Ord. 824 (part), 1977)

5.24.170 Permits and licenses—Revocation or suspension—Notice.

The holder of a bingo license shall be given prompt notice of revocation or suspension of such permit and license and shall immediately desist from conducting or operating any bingo game. The notice shall fix a time and place, not less than ten, nor more than forty-five days after service thereof, at which time the holder of such license may appear before the City Council and be granted a hearing upon the merits of such suspension or revocation. (Ord. 824 (part), 1977)

5.24.180 Financial interests 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. 824 (part), 1977)

5.24.190 Games—Location.

An organization authorized to conduct bingo games shall conduct such games 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. 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. 824 (part), 1977)

5.24.200 Games—Physical presence required.

No person shall be allowed to participate in a bingo game unless such person is physically present at the time and place at which the bingo game is being conducted. (Ord. 824 (part), 1977)

5.24.210 Games—Minors.

No person, either organizing, operating, staffing or supervising any bingo game, shall allow any minor to participate in any bingo game, nor shall any minor participate in any bingo game. For the purpose of this chapter, a "minor" means any person under the age of eighteen years. (Ord. 824 (part), 1977)

5.24.220 Staff—Notification and investigation of change.

A. Any changes as to the staff operating or assisting in the operation of a bingo game made subject to the issuance of a bingo permit shall be reported to the Police Department for further investigation.

B. If, after such investigation, the Police Department finds that the changes require suspension or revocation of the bingo permit and license, such determination shall be transmitted to the Commission for appropriate action. (Ord. 824 (part), 1977)

5.24.230 Staff—Conduct and operation.

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 an organization authorized to conduct a bingo game by permit and license issued pursuant to this chapter shall operate such game, or engage in the promotion, supervision or any other phase of such game. (Ord. 824 (part), 1977)

5.24.240 Staff—No compensation.

Staff members or persons operating or assisting in the operation of the bingo games shall not receive a profit, wage or salary from the proceeds of any such bingo games. (Ord. 824 (part), 1977)

5.24.250 Profits, wages and salaries.

No person or agent of such person shall receive a profit, wage or salary or other income from any bingo game authorized by this chapter, except as a bona fide prize(s) received as a participant in such bingo game; nor shall any person directing, operating, organizing, staffing or supervising any bingo game pay to any other person any profit, wage or salary derived from any such game. (Ord. 824 (part), 1977)

5.24.260 Public accessibility.

All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization. (Ord. 824 (part), 1977)

5.24.270 Disposition of profits.

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. 824 (part), 1977)

5.24.280 Recordkeeping.

Each organization conducting a bingo game shall maintain detailed records of all profits, expenditures, prizes and other expenses associated with the operation of bingo games. The records shall be retained for such period of time as required by State and Federal law, and for a period of three years for purposes of this chapter. (Ord. 824 (part), 1977)

5.24.290 Prize limitations.

The total value of prizes awarded during the conduct of any bingo games shall not exceed the amount authorized by State law for each separate game which is held. (Ord. 1053 § 1, 1990; Ord. 824 (part), 1977)

5.24.300 Annual reporting requirements.

At the end of each fiscal year during the term of the permit and license, each nonprofit charitable organization which has been issued a permit and license shall file a report made under penalty of perjury with the Finance Director containing the following information:

A. Any changes in or additions to the information required under Section 5.24.110 of this chapter;

B. The total amount of money received from operation of the bingo game in the previous fiscal year;

C. The total amount paid out in prizes;

D. Detailed costs to the organization for the operation of the bingo game. (Ord. 1110 § 4 (A) (Part), 1992; Ord. 824 (part), 1977)

5.24.310 Inspection authority.

A. The Chief of Police or his designated representative(s) shall have the authority to inspect the premises in order to insure that the operation of bingo games at the premises would not constitute a violation of any State law or provision of this Code.

B. The Police Department may inspect the records of any organizations conducting bingo games whenever deemed reasonable and appropriate to insure compliance with the provisions of this chapter. (Ord. 824 (part), 1977)

5.24.320 Violation—Penalty.

A. Any person who violates Sections 5.24.180 through 5.24.210, 5.24.230, 5.24.240 and 5.24.260 through 5.24.290 of this chapter is guilty of a misdemeanor.

B. A violation of Section 5.24.250 of this chapter constitutes a misdemeanor and shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the City’s general fund. (Ord. 824 (part), 1977)