Chapter 5-12
BINGO GAMES

Sections:

Article 1. Regulations

5-12-100    Definitions.

5-12-105    Authorization.

5-12-110    Application.

5-12-115    License fee.

5-12-120    Conduct of games.

5-12-125    Penalties.

Article 1. Regulations

5-12-100 Definitions.

For the purposes of this Chapter, certain terms used herein are defined as follows:

(A) “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.

(B) “Minor” means any person under the age of eighteen (18) years.

(C) “Nonprofit, charitable organization” means an organization exempt from the payment of the Bank and Corporation Tax under Section 23701 a, b, e, f, g and l of the Revenue and Taxation Code.

5-12-105 Authorization.

Bingo may be conducted within the City of San Juan Bautista, pursuant to this Chapter by any nonprofit, charitable organization, as defined herein, which has been granted a license hereunder.

5-12-110 Application.

An applicant shall apply to the City Clerk for a license authorizing the conduct of bingo games. If the City Clerk finds the applicant eligible, she shall issue a license to said applicant allowing the conduct of bingo games pursuant to this Chapter. Prior to the granting of any such license, applicant shall submit to the City Clerk certification by the appropriate state and federal agencies that it qualifies as a nonprofit, charitable organization.

5-12-115 License fee.

The City may impose a license fee, not to exceed the actual cost of issuing such license, on each nonprofit, charitable organization authorized to conduct bingo games hereunder. The amount of such fee shall be fixed from time to time, by resolution of the City Council of the City of San Juan Bautista.

5-12-120 Conduct of games.

The following procedure shall be followed for the participation in and conduct of bingo:

(A) No minor shall be allowed to participate in any bingo game.

(B) 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.

(C) All bingo games shall be open to the public, not just to the members of the nonprofit, charitable organization.

(D) A bingo game shall be operated and staffed only by members of the nonprofit, charitable organization which organized it. 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.

(1) The members of the nonprofit organization operating said game shall not receive a profit, wage, or salary from any bingo game.

(2) No individual, corporation, partnership, or other legal entity except the organizations authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game.

(E) All profits derived from a bingo game shall be kept in a special fund or account, and shall not be co-mingled with any other fund or account.

(F) 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.

(G) The total value of prizes awarded during the conduct of any bingo games, shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

5-12-125 Penalties.

Pursuant to the provisions of Section 326.5 of the Penal Code of the State of California, any person who receives a profit, wage or salary from any bingo game, or who violates any of the provisions of this Chapter, shall be punished by a fine not to exceed ten thousand dollars ($10,000) which fine shall be deposited in the general fund of the City.

Legislative History: Ords. 175 (6/21/77), 217 (1/15/92).