Chapter 5.12


5.12.010    Purpose.

5.12.020    Definitions.

5.12.030    Operational eligibility.

5.12.040    Location of games.

5.12.050    Personnel restrictions.

5.12.060    Financial interest prohibitions.

5.12.070    Use of proceeds.

5.12.080    Payment of expenses--Recordkeeping.

5.12.090    Limitation on prize moneys.

5.12.100    Hours of operation.

5.12.110    Participants to be present.

5.12.120    Licensing requirements.

5.12.130    License fees.

5.12.140    Suspension or revocation--Hearing.

5.12.150    Violation--Penalty.

5.12.010 Purpose.

The purpose of this chapter is to legalize bingo games for charity pursuant to Section 19 of Article IV of the State Constitution. (Ord. 559 Art. I, 1978)

5.12.020 Definitions.

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. 559 §2.01, 1978)

5.12.030 Operational eligibility.

Bingo games shall be conducted only by organizations exempted from the payment of the bank corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(1) of the Revenue and Taxation Code and by mobile home park and home owners associations and senior citizens organizations; provided the proceeds of such games are used only for charitable purposes. (Ord. 559 S2.02, 1978)

5.12.040 Location of games.

An organization authorized to conduct bingo games pursuant to Section 5.12.030 of this chapter, 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. 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. 559 §2.03, 1978)

5.12.050 Personnel restrictions.

A.    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 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.

B.    It is a violation of this chapter for a licensee to employ or permit any person to participate in the operation or conducting of any bingo game if such person has been convicted of a felony or of any violation of the state gambling laws. (Ord. 559 §S2.04, 2.08, 1978)

5.12.060 Financial interest prohibitions.

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. 559 §2.05, 1978)

5.12.070 Use of proceeds.

With respect to organizations exempt from payment of the bank and corporation 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. 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. Such proceeds shall be used only for charitable purposes, except as set out in Section 5.12.080 of this chapter. (Ord. 559 §2.06(part), 1978)

5.12.080 Payment of expenses--Recordkeeping.

A.    The proceeds may be used for prizes.

B.    A portion of the proceeds, not to exceed twenty percent of the proceeds after the deduction for prizes, or one thousand dollars per month, whichever is less, may be used for rental of property, overhead and administrative expenses.

C.    By the fifth day of each month a copy of the records of, receipts, disbursements and special fund balance for the preceding month’s games shall be delivered to the City Hall. If games are held less frequently than at least once per month, the above records shall be delivered not later than ten days following the games. All records and bank accounts pertaining to the bingo games shall be open to inspection by the police department at all reasonable times. (Ord. 685, 1988; Ord. 559 §2.06(part), 1978)

5.12.090 Limitation on prize moneys.

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. 559 §2.12, 1978)

5.12.100 Hours of operation.

No bingo game shall be conducted between the hours of twelve midnight and ten a.m. (Ord. 559 §2.11, 1978)

5.12.110 Participants to be present.

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. No minor shall be allowed to participate in any bingo game. A “minor” is a person under the age of eighteen years. (Ord. 559 §2.10, 1978)

5.12.120 Licensing requirements.

A.    Only an organization licensed by the police department may conduct bingo games.

B.    Application for licenses shall be made to the city on forms provided. In the discretion of the police chief any person in an organization who expects to or does participate in the conduct of the games shall submit to being fingerprinted and photographed by the police department.

C.    The license shall be renewed annually. (Ord. 559 S2.07, 1978)

5.12.130 License fees.

A.    An annual license fee in the amount set forth below shall be payable upon application for the license and on the date of each annual renewal thereof:

1.    More than two games per month, fifty dollars;

2.    Two games per month, thirty-five dollars;

3.    One game per month, twenty-five dollars;

4.    Less than one game per month, fifteen dollars.

B.    If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization. (Ord. 559 §2.09, 1978)

5.12.140 Suspension or revocation--Hearing.

A.    The chief of police is authorized to temporarily suspend or revoke the license of any licensee under this section whenever it appears to him that the licensee has violated any of the provisions of this chapter.

B.    Upon suspension or revocation the chief of police shall within ten days, file with the city council written charges against the licensee.

C.    The city council shall set the matter for hearing and notify the licensee at least ten days before the hearing.

D.    The city council shall have the power to revoke or temporarily suspend the license for any such period as it may deem proper, as the facts may warrant. (Ord. 559 §§4.01--4.04, 1978)

5.12.150 Violation--Penalty.

A.    Any person who receives or pays a profit, wage or salary from any bingo game authorized by this chapter is guilty of a misdemeanor and is punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city.

B.    Any other violation of any of the provisions of this chapter is a misdemeanor punishable by a fine not to exceed five hundred dollars or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment.

C.    Any violation of this provisions of this chapter shall be cause for immediately suspension or revocation of the license pursuant to Section 5.12.140 of this chapter. (Ord. 559 §§3.01--3.03, 1978)