Chapter 5.32
BINGO

Sections:

5.32.010    Title.

5.32.020    Definitions.

5.32.030    License—Required.

5.32.040    License—Eligible organizations designated.

5.32.050    License—Application—Form—Term.

5.32.060    Applicant qualifications.

5.32.070    License—Application—Contents.

5.32.080    License—Contents.

5.32.090    License—Application—Change of facts—Notification required.

5.32.100    License—Summary suspension pending opportunity for hearing—Continuation constitutes misdemeanor—Revocation.

5.32.110    Maximum amount of prize.

5.32.120    Keeping of profits or proceeds in separate fund or account.

5.32.130    Financial interest in licensee only.

5.32.140    Exclusive operation by licensee.

5.32.150    Games open to public.

5.32.160    Attendance limited to occupancy capacity.

5.32.170    Games conducted only on licensee’s property.

5.32.180    Minor’s participation prohibited.

5.32.190    Hours of operation.

5.32.200    Participant’s presence required.

5.32.210    Receipt or payment of profits by person constitutes a misdemeanor under state law.

5.32.230    City may enjoin violation.

5.32.010 Title.

This chapter shall be known and may be cited as the “bingo game regulations of the city.” (Prior code § 4500)

5.32.020 Definitions.

The following terms shall have the following meanings when used in this chapter

A. “Bingo” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers of symbols selected at random. Bingo includes cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the games by any person participating in the playing or operation of the bingo games. 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.”

B. “Eligible organizations” means those organizations described in Section 5.32.040. (Prior code § 4501)

5.32.030 License—Required.

It is unlawful for any person, individual, partnership, corporation, trust or community chest to hold, operate, maintain or conduct, or to knowingly allow to be held, operated, maintained or conducted upon his, her or its property, a bingo game or games, as defined in Section 5.32.020, in the city, unless it shall first obtain, in the manner and pursuant to the conditions prescribed in this chapter, a license from the director of finance to operate, maintain or conduct such bingo game or games. The license shall be issued only to eligible organizations described in Section 5.32.040. (Prior code § 4502)

5.32.040 License—Eligible organizations designated.

A. The following organizations 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 of the state and the provisions of this chapter.

1. Nonprofit organizations exempted from the payment of the ban and corporations tax by Sections 23701(a), 23701(b), 23701(d), 23701(3),23701(g) and 23701(1) of the Revenue and Taxation Code:

2. Mobile home park associations; and

3. Senior citizens’ organizations.

B. None of the organizations mentioned in subsection A of this section shall be eligible to obtain a license to conduct bingo games unless the proceeds of such games are used only for charitable purposes. (Prior code § 4503)

5.32.050 License—Application—Form—Term.

Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application therefor in writing in the office of the finance director on a form to be provided by the finance director. The application shall be signed under penalty of perjury by at least two officers, including the presiding officer of the corporation or community chest and the trustee of any trust. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee. (Prior code § 4504)

5.32.060 Applicant qualifications.

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.32.040 and its application conforms to all applicable laws of this state and all provisions of this code. (Prior code § 4505)

5.32.070 License—Application—Contents.

The application for a license shall contain the following:

A. The name and address of the applicant organization;

B. A statement by the applicant that it is an eligible organization as described in Section 5.32.040;

C. A certificate or determination of exemption under Section 23701 of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing exemption under Section 23701. If the eligibility for a bingo license is not determined by Section 23701 of the Revenue and Taxation Code, then the applicant shall submit such documents as required by the director of finance;

D. The exact location and street address of the property to be used by the applicant for conducting the bingo game;

E. A statement by the applicant that the property described in subsection D of this section is (1) owned by the applicant, or is leased by the applicant, or the use of the property has been donated to the applicant, and (2) that the property is used by the applicant for an office or for the performance of the purposes for which the applicant is organized;

F. The proposed days of the week and hours of the day during which bingo games will be conducted;

G. A statement that the applicant agrees to conduct the bingo games in strict compliance with the provisions of Section 326.5 of the California Penal Code 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 upon violation of any such provisions;

H. The annual license fee fixed by the council by resolution shall accompany the application;

I. A statement that the applicant agrees that the city, through its authorized officers, shall have the right to examine and audit the applicant’s records described in Section 5.32.130. (Ord. 928 § 1, 1982: prior code § 4506))

5.32.080 License—Contents.

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the city, the director of finance shall issue a license to the 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 the 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. (Prior code § 4507)

5.32.090 License—Application—Change of facts—Notification required.

The applicant and/or licensee shall notify the director of finance in writing of any change in the facts set forth in the application and accompanying documents within five days after such change. (Prior code § 4508)

5.32.100 License—Summary suspension pending opportunity for hearing—Continuation constitutes misdemeanor—Revocation.

A. Whenever it appears to the director of finance that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, he or she may summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game. The suspension shall be effective upon service in the manner prescribed, upon the licensee of the suspension order described in subsection C of this section. The suspension order shall be served by posting a copy of the order at the address described in the license as the location designated for conducting the bingo games and by depositing a copy of the suspension order in the United States mail, directed to the licensee at the address given in the application.

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 punished as provided in Section 1.12.020.

C. The order issued under subsection A of this section shall also notify the licensee of the grounds for the suspension and shall inform it that it shall have fourteen calendar days from the date of service of such order to request a hearing before the council to determine whether such license shall be revoked. Failure to request’ in writing, such hearing within the fourteen days, shall result in a revocation of the license. Upon the revocation, the licensee shall be notified of such fact by depositing in the United States mail a notice directed to the licensee at the address given in the application.

D. Any licensee whose license is suspended or revoked pursuant to subsections A, B and C of this section shall have the right, within fourteen calendar days after service of the suspension order or revocation order to file a written request for hearing to the council. Such request shall state the specific ground or grounds upon which the licensee contends the license should not be revoked. The council shall hold a hearing regarding the possible revocation of the bingo license within thirty calendar days after receipt by the city of the request for hearing, or at a time thereafter agreed upon and shall cause the appellant to be given at least ten calendar 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 the appeal. All such testimony, whether written or oral, shall be given under penalty of perjury. The determination of the council on the appeal shall be final. At the conclusion of the hearing, the council shall make findings supporting its decision whether the license should be revoked.

E. Any organization whose license is revoked pursuant to subsection C of this section shall not conduct any bingo game in the city until such time as the council, on appeal, determines to set aside the revocation. (Prior code § 4509)

5.32.110 Maximum amount of prize.

The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. (Prior code § 4510)

5.32.120 Keeping of profits or proceeds in separate fund or account.

A. 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.

B. With respect to other organizations authorized to conduct bingo games pursuant to this section, 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. Such proceeds shall be used only for charitable purposes, except as follows:

1. Such proceeds may be used for prizes;

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

3. Such proceeds may be used to pay license fees;

4. If the monthly gross receipts from bingo games conducted by an organization within this subsection exceed five thousand dollars, at least ten percent of the proceeds shall be used only for charitable purposes not related to the conducting of bingo games; the balance shall be used for prizes, rental of property, overhead, administrative expenses and payment of license fees, subject to the Limitations specified in subsection A2 of this section.

C. The licensee shall keep full and accurate records of the income and expenses which are authorized by this chapter.

D. The city, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and the licensee shall fully cooperate with the city by making such record available. (Ord. 1090 § 1, 1987: Ord. 928 § 2, 1982: prior code § 4511)

5.32.130 Financial interest in licensee only.

No individual corporation, partnership or other legal entity, except the licensee, shall hold a financial interest in the conduct of such bingo game. (Prior code § 4512)

5.32.140 Exclusive operation by licensee.

A bingo game shall be operated and staffed only by members of the licensee organization. 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. (Prior code § 4513)

5.32.150 Games open to public.

All bingo games shall be open to the public, not just to members of the licensee organization. (Prior code § 4514)

5.32.160 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 building official in accordance with the applicable laws and regulations. The licensee shall not reserve seats or space for any person. (Prior code § 4515)

5.32.170 Games conducted only on licensee’s property.

A licensee shall conduct a bingo game only on property owned or leased by it, or on property the use of which is donated to the licensee, 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 or used by the organization be owned or leased or used exclusively by such organization. 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 performance of the purposes for which the license 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, or uses property that is donated to the licensee, for an office or for performance of the purposes for which the organization is organized. (Ord. 928 § 3, 1982: prior code § 4516)

5.32.180 Minor’s participation prohibited.

No person under the age of twenty-one years of age shall be allowed to participate in any bingo game. (Prior code § 4517)

5.32.190 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. (Prior code § 4518)

5.32.200 Participant’s presence 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. (Prior code § 4519)

5.32.210 Receipt or payment of profits by person constitutes a misdemeanor under state law.

It shall be a misdemeanor under Section 326.5(b) 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; provided, security personnel employed by the licensee may be paid from the revenues of bingo games subject to the limitations specified in Section 5.32.120 of this chapter. A violation of this section is punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city. (Ord. 1090 § 2, 1987: Ord. 928 § 4, 1982: prior code § 4520)

5.32.230 City may enjoin violation.

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. (Prior code § 4521)