Chapter 5.72
BINGO AND OTHER GAMES
Sections:
5.72.030 Free games as enticement prohibited.
5.72.040 Specific games prohibited.
5.72.070 Application – Contents.
5.72.080 Term of license and fees.
5.72.010 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
A. “Authorized organization” is an organization exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l or 23701w of the Revenue and Taxation Code. “Authorized organization” also includes a senior citizens organization, a mobile home park association, or a charitable organization affiliated with a school district.
B. “Bingo” is a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player’s possession and that conform to numbers or symbols selected at random and announced by a live caller. The game of bingo also 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 game by any person participating in the playing or operation of the bingo game. 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.”
C. “Minor” is any person under the age of 18 years.
D. “Remote caller bingo” means a game of bingo, as defined in subdivision (o) of Penal Code Section 326.5, in which the numbers or symbols on randomly drawn plastic balls are announced by a natural person present at the site at which the live game is conducted, and the organization conducting the bingo game uses audio and video technology to link any of its in-state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased or rented by that organization. (Ord. 706 §§ 1 – 3, 2010; Ord. 29 § 1, 1981; CC § 37.306)
5.72.020 Prohibited games.
It is unlawful for any person to set up, manage, conduct or maintain any game, machine or enterprise wherein:
A. A consideration is paid by the player;
B. Prizes are awarded as determined by skill or by any combination of skill and chance; and
C. Said game, machine or enterprise is played concurrently with or alternately or in conjunction or connection with:
1. Any lottery;
2. Any game of chance, whether or not a consideration is paid for playing the game of chance. (Ord. 29 § 1, 1981; CC § 37.301)
5.72.030 Free games as enticement prohibited.
It is unlawful for any person to set up, manage, conduct or maintain any combination of games, machines or enterprises wherein games of chance and games of skill are alternated or played in any sequence with each other so that free games are used to entice or allure players into the playing for a consideration of paid games of skill or paid games combining the element of chance with the element of skill. (Ord. 29 § 1, 1981; CC § 37.303)
5.72.040 Specific games prohibited.
This chapter is intended to prohibit the playing of bingo, tango, bridgo, skill ball or any game or combination of games similar in operation to such games, except as specifically authorized by this chapter, and to apply to free as well as to paid playing of such games. (Ord. 706 § 4, 2010; Ord. 29 § 1, 1981; CC § 37.304)
5.72.050 Bingo authorized.
Notwithstanding any other provisions of this chapter, this chapter is adopted pursuant to section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions in the following sections of this chapter. (Ord. 29 § 1, 1981; CC § 37.305)
5.72.060 License.
A license shall only be issued to a person who is a member of an authorized organization. The procedure to follow, except as otherwise provided in this chapter, in obtaining a license is that set forth in the uniform licensing procedure set out in Chapter 5.04 PMC. (Ord. 706 § 5, 2010; Ord. 29 § 1, 1981; CC § 37.307)
5.72.070 Application – Contents.
The application shall be filed not less than 10 days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at least the following:
A. A list of all members who will operate the bingo game, including full names of each member, date of birth, place of birth, physical description and driver’s license number;
B. The date(s) and place(s) of the proposed bingo game or games.
C. Proof that the organization is an authorized organization as defined in this chapter. (Ord. 706 § 6, 2010; Ord. 29 § 1, 1981; CC § 37.308)
5.72.080 Term of license and fees.
A. The term of a bingo license is one year.
B. The fee for a bingo license shall be established by City Council resolution from time to time. One-half of the fee shall be refunded if the application for a license is denied. An additional fee, as established by City Council resolution from time to time, will be applied to monthly gross receipts over $5,000 derived from bingo games and shall be collected monthly by the Issuing Officer. (Ord. 706 § 7, 2010; Ord. 683 § 25, 2008; Ord. 29 § 1, 1981; CC § 37.309)
5.72.090 Limitations.
An authorized organization shall conduct a bingo game only on property that has been owned or leased by it or property whose use is donated to the organization, and which property is used by such organization for an office or for the 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, or donated exclusively to, such organization.
A. No minors shall be allowed to participate in any bingo game.
B. All bingo games shall be open to the public, not just to the members of the authorized organization.
C. A bingo game shall be operated and staffed only by members of the authorized organization. Such members shall be approved by the Chief of Police. If, after the license has been issued, the authorized organization submits additional names to the Issuing Officer for approval, the application for approval shall be accompanied by a fee for each additional name, as shall be established by City Council resolution from time to time, and of which no part shall be refundable, and which shall be used to defray the cost of investigation. 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.
D. 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 bingo game.
E. 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 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, 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 follows:
1. Such proceeds may be used for prizes.
2. A portion of such proceeds, as established by City Council resolution from time to time, may be used for the rental of property, overhead, including the purchase of bingo equipment and administrative costs, security equipment and security personnel.
3. Such proceeds may be used to pay license fees.
F. Within 30 days after the bingo game is held, the applicant will file with the Issuing Officer a full and complete financial statement of all moneys collected, disbursed and the amount remaining for charitable purposes.
G. 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. This provision shall not apply to a person participating in a game of remote caller bingo meeting the requirements of PMC 5.72.105.
H. The total value of the prizes awarded during the conduct of any bingo games shall not exceed $500.00 in cash or kind, or both, for each separate game which is held. This provision shall not apply to a person participating in a game of remote caller bingo meeting the requirements of PMC 5.72.105.
I. No bingo game shall be conducted between the hours of midnight and 8:00 a.m.
J. The licensee may conduct bingo on not more than three days during any seven-day period. Once during each year, the Issuing Officer may permit a licensee to conduct bingo games for more than three days during any seven-day period; provided, that such permission shall be limited to bingo games which will be conducted in conjunction with an established annual event regularly held by the licensee. This provision shall not apply to games of remote caller bingo meeting the requirements of PMC 5.72.105. (Ord. 706 § 8, 2010; Ord. 683 § 26, 2008; Ord. 106 § 4, 1983; Ord. 29 § 1, 1981; CC § 37.312)
5.72.100 Inspection.
Any peace officer of the City shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game. (Ord. 29 § 1, 1981; CC § 37.313)
5.72.105 Remote caller bingo.
A. Legislative Authorization. This section is adopted pursuant to Section 19 of Article IV of the California Constitution, as implemented by Sections 326.3 and 326.4 of the Penal Code.
B. Remote Caller Bingo Authorized. Remote caller bingo may be lawfully played in the City of Poway pursuant to the provisions of Sections 326.3 and 326.4 of the Penal Code, and this chapter, and not otherwise.
C. Qualified Applicants – Applicants for Licensure.
1. The following organizations are qualified to apply to the License Official for a license to operate a bingo game if the receipts of those games are used only for charitable purposes:
a. An organization exempt from the payment of the bank and corporation tax by Section 23701, 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, or 23701w of the Revenue and Taxation Code.
b. A mobile home park association of a mobile home park that is situated in the City of Poway.
c. Senior citizen organizations.
d. Charitable organizations affiliated with a school district.
2. The application shall be in a form prescribed by the License Official and shall be accompanied by a nonrefundable filing fee in an amount determined by resolution of the City Council from time to time. The following documentation shall be attached to the application, as applicable:
a. A certificate issued by the Franchise Tax Board certifying that the applicant is exempt from the payment of the bank and corporation tax pursuant to Section 23701d of the Revenue and Taxation Code.
b. Other evidence as the License Official determines is necessary to verify that the applicant is a duly organized mobile home park association of a mobile home park situated in the City of Poway.
D. License Application – Verification. The license shall not be issued until the License Official has verified the facts stated in the application and determined that the applicant is qualified.
E. Annual Licenses. A license issued pursuant to this section shall be valid until the end of the calendar year, at which time the license shall expire. A new license shall only be obtained upon filing a new application and payment of the license fee. The fact that a license has been issued to an applicant creates no vested right on the part of the licensee to continue to offer bingo for play. The City Council expressly reserves the right to amend or repeal this section at any time by resolution. If this section is repealed, all licenses issued pursuant to this section shall cease to be effective for any purpose on the effective date of the repealing resolution.
F. Conditions of Licensure.
1. Any license issued pursuant to this section shall be subject to the conditions contained in Sections 326.3 and 326.4 of the Penal Code, and each licensee shall comply with the requirements of those provisions.
2. Each license issued pursuant to this section shall be subject to the following additional conditions:
a. Bingo games shall not be conducted by any licensee on more than two days during any week, except that a licensee may hold one additional game, at its election, in each calendar quarter.
b. The licensed organization is responsible for ensuring that the conditions of this section and Sections 326.3 and 326.4 of the Penal Code are complied with by the organization and its officers and members. A violation of any one or more of those conditions or provisions shall constitute cause for the revocation of the organization’s license. At the request of the organization, the City Council shall hold a public hearing before revoking any license issued pursuant to this section, following the procedure set forth in the uniform licensing procedure set out in Chapter 5.04 PMC. (Ord. 706 § 9, 2010)
5.72.110 Violation.
It is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter. This section does not preclude the employment of security personnel who are not members of the authorized organization at a bingo game by the organization conducting the game. (Ord. 706 § 10, 2010; Ord. 29 § 1, 1981; CC § 37.317)