Chapter 5.18
BINGO GAMES FOR CHARITY
Sections:
5.18.030 Authorized organizations.
5.18.050 Participation by minors prohibited.
5.18.060 Place where conducted.
5.18.080 Staffing and operation.
5.18.090 Outside financial interest prohibited.
5.18.100 Deposit in special fund.
5.18.110 Participants to be present.
5.18.130 License--Application and issuance.
5.18.140 License--Revocation or nonrenewal.
5.18.010 Bingo games allowed:
Bingo games shall be allowed in the city pursuant to the terms of this chapter. (Ord. 233 §1(part), 1980).
5.18.020 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; provided, that it does not include any game not legally prohibited prior to the adoption of Section 326.5 of the Penal Code. (Ord. 233 §1(part), 1980).
5.18.030 Authorized organizations.
Bingo games shall be conducted only by an organization exempted from the payment of the bank and corporation franchise tax by Section 23701(d) of the Revenue and Taxation Code, a contribution to which would be a charitable contribution under Section 170(c) (2) of the Internal Revenue Code of 1954, or by an organization exempted from the payment of the bank and corporation franchise tax by Section 23701(e) of the Revenue and Taxation Code. (Ord. 291 §1, 1984: Ord. 233 §1(part), 1980).
5.18.040 No person to profit:
No person shall receive a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution and this chapter. (Ord. 233 §1(part), 1980).
5.18.050 Participation by minors prohibited:
No minor shall be allowed to participate in any bingo game. (Ord. 233 §1(part), 1980).
5.18.060 Place where conducted:
A nonprofit, charitable organization 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. (Ord. 233 §1(part), 1980).
5.18.070 Open to public:
All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization. (Ord. 233 §1(part), 1980).
5.18.080 Staffing and operation:
A bingo game shall be operated and staffed only by members of the nonprofit charitable organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game, or participate in the promotion, supervision or any other phase of such game. (Ord. 233 §1(part), 1980).
5.18.090 Outside financial interest prohibited:
No individual, corporation, partnership, or other legal entity except the organization authorized by license to conduct a bingo game shall hold a financial interest in the conduct of such bingo game. (Ord. 233 §1(part), 1980).
5.18.100 Deposit in special fund:
All profits derived from a bingo game shall be kept in an special fund or account and shall not be commingled with any other fund or account. (Ord. 233 §1(part), 1980).
5.18.110 Participants to be present:
No person shall by 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. (Ord. 233 §1(part), 1980).
5.18.120 Prizes.
The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. (Ord. 233 §1(part), 1980).
5.18.130 License--Application and issuance.
No bingo game shall be conducted except pursuant to a license issued by the city council. Applications for such license shall be made upon forms supplied by the city clerk, and shall be filed with said clerk. Said license, if issued, shall be for the period of twelve months. If the city council finds that the applicant does not qualify under the terms of this chapter, or that the conducting of bingo games at the particular location stated in the application will violate some other ordinance of the city, the city council shall deny said application. (Ord. 233 §1(part), 1980).
5.18.140 License--Revocation or nonrenewal.
The city council may revoke a license issued under this chapter, and may refuse to-renew an expired license, if it finds that any provision of this chapter or any applicable state or federal law or regulation, or any condition of the license, has been violated. (Ord. 233 §1(part), 1980).
5.18.150 Violation--penalty.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment. (Ord. 233 §1(part), 1980).
5.18.160 Violation--Nuisance.
Any bingo game conducted or operated contrary to the terms and provisions of this chapter and/or any participation therein contrary to the provisions of this chapter, shall be, and the same is declared to be, unlawful and a public nuisance, and the city attorney shall, upon order of the city council, immediately commence an action or proceeding for the abatement and enjoinment thereof in the manner provided by law. (Ord. 233 §1(part), 1980).