Chapter 4.20
BINGO ORDINANCE
Sections:
4.20.030 Organizations eligible.
4.20.060 Violations and appeals.
4.20.070 License fee – Pursuant to Penal Code Section 326.5k(2).
4.20.010 Purpose.
This chapter is intended to authorize bingo and other similar games allowed under the law of the state of California as the same may be from time to time amended. (Ord. 568 § 1; Ord. 1076 § 1 (Exh. A). Code 1997 § 15B-1)
4.20.020 License required.
No group or organization shall conduct a game without first being licensed in accord with this chapter. Each license issued shall be valid for a one-year period unless sooner revoked.
“Game” as used herein means any game of chance including bingo as that term is commonly defined and/or such other activities of similar purpose as may be permitted by state law. (Ord. 568 § 1; Ord. 1076 § 1 (Exh. A). Code 1997 § 15B-2)
4.20.030 Organizations eligible.
Senior citizens’ organizations, veterans associations, mobile home park associations and organizations exempted from the payment of bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701l of the Revenue and Taxation Code shall be the only groups or organizations eligible for a license pursuant to this chapter. (Ord. 568 § 1; Ord. 1076 § 1 (Exh. A). Code 1997 § 15B-3)
4.20.040 Application.
Application for a game license shall be made to the chief of police. Such application shall provide information showing that the applicant is an organization eligible for a license pursuant to this chapter, that the proceeds of the games will be utilized for charitable purposes only, and that the regulations established in this chapter will be met by the applicant.
The application, which shall be made by an officer on behalf of the organization, shall be accompanied by an application fee set by a resolution of the city council. If the application is denied, one-half of the proceeds shall be returned to the applicant. The application may be denied if the organization, or any of its officers, has a previous conviction for gambling, has been convicted of a crime of moral turpitude within three years of the application, has failed to provide proof of eligibility of the organization applying under this chapter, or has previously had a license issued hereunder revoked within the last six months of application. Investigation may be done as is deemed necessary and may include both a criminal and civil background investigation. No organization otherwise authorized to conduct games hereunder, which is funded in whole or in part by the city of South Lake Tahoe, shall be required to pay an application or license fee.
Any organization which conducts bingo games for recreational purposes which are played primarily by members of the organization and for which there is no solicitation by the organization of the general public’s participation in such games shall not be required to pay a license or application fee hereunder. (Ord. 568 § 1; Ord. 574 § 1; Ord. 1076 § 1 (Exh. A). Code 1997 § 15B-4)
4.20.050 Regulations.
A. No minors under the age of 18 shall be allowed to participate in any game or operate any such game.
B. An organization authorized to conduct games shall conduct a 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. 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 or to require a lease for games conducted on city property. Nor shall any lease arrangements be required for games conducted in or upon city owned property.
C. All games shall be open to the public, not just to the members of the authorized organization.
D. A game shall be operated and staffed only by members of the authorized organization which organized it. Such member shall not receive a profit, wage or salary from any game. Only the organization authorized to conduct a game shall operate such game, or participate in the promotion, supervision or any other phase of such game.
E. No individual corporation, partnership or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such game.
F. 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 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 games pursuant to this section, all proceeds derived from a 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:
1. Such proceeds may be used for prizes.
2. A portion of such proceeds, not to exceed 10 percent of the proceeds after the deduction for prizes, or $500.00 per month, whichever is greater, may be used for rental of property, overhead, and administrative purposes.
Records shall be kept by the officer applying on behalf of the organization and shall be open to the city at reasonable times to assure that the regulations of this section are being met.
G. No person shall be allowed to participate in a game unless the person is physically present at the time and place in which the game is being conducted, unless remote caller bingo play is allowed under state law and pursuant to a state remote caller bingo license. No interstate play shall be allowed and the organizer shall create such rules and requirements to verify that all players are physically located within the state of California. Such rules and requirements are to be approved by the chief of police.
H. The total value of prizes awarded during the conduct of any games shall not exceed an amount set by resolution of the city council, in cash or kind, or both, for each separate game which is held.
I. The property upon or in which the game is held shall meet all health and safety requirements and shall be open to the police, fire and health departments for inspection. The property shall also be open to the police department during the conduct of the game to assure that all regulations are being complied with. The property shall be properly zoned for the conduct of such games or secure any necessary use or other permits.
J. No alcoholic beverage shall be sold in or about the premises which are being utilized for the game, unless served in a segregated section of the premises.
K. No game shall be played except between the hours of 8:00 a.m. to 2:00 a.m., and then not more than six consecutive hours in any one day. (Ord. 568 § 1; Ord. 1076 § 1 (Exh. A). Code 1997 § 15B-5)
4.20.060 Violations and appeals.
Violations of this chapter shall be punishable as infractions in accordance with the provisions of state law. Any person or persons violating the provisions of this chapter shall be guilty of an infraction or misdemeanor and subject to punishment in accordance with general penalty provision of the South Lake Tahoe City Code. Each and every day during any portion of which the provisions of this chapter are violated shall constitute a separate offense and may be punished accordingly.
Notwithstanding the above, violations of this chapter shall be cause for revocation by the chief of police, whose decision may be appealed pursuant to Chapter 2.35 SLTCC. The chief of police or an officer of said department may summarily suspend a license in instances where violations are occurring during the conduct of a game and the license holder is unable to immediately cure such violations. (Ord. 568 § 1; Ord. 1076 § 1 (Exh. A); Ord. 1105 § 1 (Exh. B). Code 1997 § 15B-6)
4.20.070 License fee – Pursuant to Penal Code Section 326.5k(2).
The finance department shall impose a license fee of one percent of the monthly gross receipts of any game in excess of $5,000 in addition to the normal business license tax, if any. (Ord. 568 § 1; Ord. 1076 § 1 (Exh. A). Code 1997 § 15B-7)