CHAPTER 21.
BINGO GAMES
Sections:
5-21.03 Permits: Applications: Contents
5-21.04 Permits: Terms: Fees: Restricted Locations
5-21.05 Permits: Applications: Investigations
5-21.06 Permits: Issuance: Denial
5-21.07 Permits: Separate Locations: Nontransferability
5-21.12 Profits: Separate Accounts: Records: Violations: Penalties
5-21.14 Permits: Revocation for Loss of Tax-Exempt Status
5-21.15 Permits: Revocation for Violations or Fraudulent Applications
5-21.16 Permits: Revocation: Notices: Hearings
5-21.18 Violations: Criminal Prosecutions
5-21.01 Authority.
(a) State and Local Authority. Bingo games shall be permitted pursuant to, and as restricted by, subsection (c) of Section 19 of Article IV of the Constitution of the State, Section 326.5, including future amendments thereto, of the Penal Code of the State, and the provisions of this chapter.
(b) Incorporation of Section 326.5 of the Penal Code of the State. The provisions of Section 326.5, including future amendments thereto, of the Penal Code of the State are incorporated in this chapter by this reference thereto, and “charitable organization,” as used in this chapter, shall mean an organization as referred to in said Section 326.5.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.02 Permits: Required.
No charitable organization shall conduct a bingo game without a currently valid, unrevoked, unsuspended permit as provided for in this chapter, together with a valid business license and use and occupancy permit.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.03 Permits: Applications: Contents.
Applications for bingo game permits shall be made to the Chief of Police on forms provided by his office. Such applications shall be accompanied by certificates or letters of exemption from the Franchise Tax Board of the State and the United States Internal Revenue Service which establish that the applicant is currently exempted from the payment of the Bank and Corporation Tax by subsection (d) of Section 23701 of the Revenue and Taxation Code of the State and that a contribution or gift to the organization would be a charitable contribution under subsection (2) of subsection (c) of Section 170 of the Internal Revenue Code of 1954. Such applications shall contain the following:
(a) The name of the applicant organization;
(b) The name, address, and signature of at least two (2) officers, including the presiding officer, of the organization;
(c) The property, and the room or designated area thereon, where bingo games will be conducted, including the street number, the occupancy capacity, and whether the property is owned or leased;
(d) The application shall be signed by the applicant under penalty of perjury; and
(e) Such other information as the Chief of Police may require.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.04 Permits: Terms: Fees: Restricted Locations.
(a) A bingo game permit shall be valid for one (1) year.
(b) The permit fee shall accompany the permit application. The amount of the permit fee shall be as set forth in the Master Fee Schedule, Chapter 7 of Title 3 of this Code. The permit fee will be refunded if the Chief of Police denies the permit.
(c) The holding of any bingo game shall be restricted to a building suitable for public assembly.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978; as amended by Sec. 16, Ord. 89-006, eff. May 18, 1989)
5-21.05 Permits: Applications: Investigations.
Upon receiving a completed application for a bingo game permit with the required fee, the Chief of Police shall investigate to determine whether the permit shall be issued.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.06 Permits: Issuance: Denial.
Within fourteen (14) days after the receipt of a completed application for a bingo game permit, the Chief of Police shall either issue the permit or deny it with a written statement of the reasons therefor.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.07 Permits: Separate Locations: Nontransferability.
A separate application, permit, and permit fee shall be required for each location at which bingo games are conducted. Such permits shall not be transferable from one (1) location to another or from one (1) organization to another.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.08 Permits: Contents.
Bingo game permits shall contain the following information:
(a) The name and nature of the organization;
(b) The address where bingo games are authorized to be conducted;
(c) The occupancy capacity of any room in which bingo games are to be conducted;
(d) The date of the expiration of the permit; and
(e) Such other information deemed necessary by the Chief of Police.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.09 Permits: Display.
Each bingo game permit shall be prominently displayed at the authorized location at all times during the conduct of bingo games.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.10 Hours.
No bingo game shall be conducted between the hours of 2:00 a.m. and 10:00 a.m.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.11 Alcoholic Beverages.
No alcoholic beverage shall be consumed, sold, given away, served, or delivered to any person within the room or designated area where bingo games are being conducted. No person who is obviously intoxicated shall be allowed to participate in a bingo game.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.12 Profits: Separate Accounts: Records: Violations: Penalties.
(a) All profits derived from a bingo game shall be kept by the permittee in a special fund or account and shall not be commingled with any other fund or account.
(b) The permittee shall keep detailed and accurate records of the income and expenses received and disbursed in connection with the operation, conduct, promotion, and supervision of bingo games authorized by this chapter.
(c) The City, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time, and the permittee shall keep such records open to inspection by the City.
(d) Any person or corporation violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.13 Seat Reservations.
Bingo game permittees shall not reserve seats or space for any person, except handicapped persons.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.14 Permits: Revocation for Loss of Tax – Exempt Status.
Whenever the permittee has been notified by the United States Internal Revenue Service or the Franchise Tax Board of the State of the loss of the tax-exempt status described in Section 5-21.03 of this chapter, the bingo game permit issued pursuant to the provisions of this chapter shall be automatically revoked, and the permittee shall forthwith return such permit to the Chief of Police.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.15 Permits: Revocation for Violations or Fraudulent Applications.
The Chief of Police may revoke a bingo game permit for any violation of the provisions of this chapter, or of any applicable law or regulation, or for any false, misleading, or fraudulent statement of a material fact in the application for the permit.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.16 Permits: Revocation: Notices: Hearings.
If the Chief of Police determines that a bingo game permit should be revoked, he shall serve on the permittee a notice of his intent with his reasons therefor. The notice shall provide for the revocation of the permit seven (7) days after the service of the notice upon the permittee, unless the permittee requests a hearing before the Chief of Police or his designee prior to such revocation. The notice may contain a statement that the permit is immediately suspended, and such suspension shall remain in effect during the pendency of the revocation and appeal procedures. The Chief of Police shall give at least five (5) days’ prior written notice of the time and place of such hearing to the permittee and shall issue his written decision within seven (7) days after the conclusion of the hearing.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.17 Appeals.
The applicant or any aggrieved person, including, but not limited to, any City officer, department, board, or commission, affected by the bingo game permit shall have the right to appeal any action of the Chief of Police in granting or denying an application for a bingo game permit, or revoking a bingo game permit, to the Council. The appeal shall be made in writing, specifying the grounds therefor, and filed with the City Clerk within ten (10) days after the action of the Chief of Police. The Council may hear additional evidence and may sustain, reverse, or modify the decision of the Chief of Police. The decision of the Council shall be final.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.18 Violations: Criminal Prosecutions.
The provisions of this chapter shall not be construed as preventing any criminal prosecution under Chapters 9 and 10 of Part 1 of Title 9 of the Penal Code of the State whenever bingo games are conducted with a suspended or revoked permit or with a permit fraudulently obtained.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)