Chapter 5.76
BINGO*

*    Editor’s Note: Prior ordinance history: Ord. 77-5.

Sections:

5.76.010    Authority.

5.76.020    Bingo defined.

5.76.030    Organizations permitted to conduct bingo games.

5.76.040    Rules and regulations.

5.76.045    Exceptions.

5.76.050    Violations and penalties.

5.76.060    Authority to inspect premises and records.

5.76.070    Permit required.

5.76.080    Application for permit required – Contents of permit.

5.76.090    Authority of and investigation and recommendation by chief of police.

5.76.100    Investigation and recommendation by other city departments.

5.76.110    Approval and issuance of permit.

5.76.120    Permit conditions.

5.76.130    Notice of decision.

5.76.140    Denial of permit.

5.76.150    Notice of change, further investigation by chief of police.

5.76.160    Duration and permit renewal.

5.76.170    Display of permit and posting of rules and regulations.

5.76.180    Filing of annual report.

5.76.190    Permits nontransferable.

5.76.200    Suspension of permit authorized.

5.76.210    Revocation.

5.76.220    Appeal.

5.76.010 AUTHORITY.

Pursuant to the authority provided in Section 19(c) of Article IV of the California State Constitution and Section 326.5 of the Penal Code, the following requirements are established for the conduct of bingo games by nonprofit charitable organizations.

(Ord. 77-33 § 1 (part), 1977).

5.76.020 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 conforms to numbers or symbols selected at random.

(Ord. 77-33 § 1 (part), 1977).

5.76.030 ORGANIZATIONS PERMITTED TO CONDUCT BINGO GAMES.

No person, organization or other legal entity shall be permitted to conduct bingo games in the incorporated area of the city unless such persons, organizations or other legal entities possess a valid certificate or letter from the Franchise Tax Board and the Internal Revenue Service stating that they are exempted from the payment of the bank and corporate tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701(l) of the Revenue and Taxation Code and by mobilehome park associations and senior citizens organizations; and provided that such organization holds a valid permit and pays a license fee pursuant to the provisions of this chapter; and provided that said organization has been in continual existence within the city for a period of three years prior to the date application is made for bingo permit.

(Ord. 77-33 § 1 (part), 1977).

5.76.040 RULES AND REGULATIONS.

(a)    Minors. No minors shall be allowed within the room in which a bingo game is being operated.

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

(c)    Staffing and Operation. A bingo game shall be operated and staffed only by members of the nonprofit charitable organization which organized it. Only an organization authorized to conduct a bingo game by permit issued pursuant to this chapter shall operate such game, or engage in the promotion, supervision, or any other phase of such game.

(d)    No Profit, Wage or Salary. No person or agent of such person shall receive a profit, wage, salary, or other income from any bingo game authorized by this chapter, except as a bona fide prize received as a participant in such bingo game.

(e)    Where Bingo May be 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 solely for an office or for performance of the purposes for which the organization is organized and solely within the room designated on the permittee’s application.

(f)    Bingo Equipment. All equipment used in the operation of bingo games shall be owned by the organization authorized by permit and license to conduct such bingo games.

(g)    Financial Interest. No individual corporation, partnership, or other legal entity except the organization authorized by permit and license to conduct a bingo game shall hold a financial interest in the conduct of such bingo game.

(h)    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.

(i)    Records. Each organization conducting a bingo game shall maintain detailed records of all profits, expenditures, prizes and other expenses associated with the operation of bingo games. Said records shall be retained for such period of time as required by state and federal law and for a period of three years for purposes of this chapter.

(j)    Total Value of Prizes. The total value of prizes awarded during the conduct of any bingo games shall not exceed $250.00 in cash or kind, or both, for each separate game which is held.

(k)    Physical Presence at Bingo Game Required. No person shall be allowed to participate in a bingo game unless such person is physically present at the time and place at which the bingo game is being conducted.

(l)    Number of Days and Hours of Operation. There shall be no more than one day of bingo per calendar week for each qualified organization and all bingo games shall be conducted only during the hours of 12:00 p.m. to 11:00 p.m.

(m)    Alcohol. No alcoholic beverages shall be sold, served, or permitted within the room within which a bingo game is operated. No person under the influence of an alcoholic beverage shall be permitted within the room within which a bingo game is operated.

(n)    Cost per Card. No permittee shall receive consideration valued at more than twenty-five cents per bingo card for each bingo game.

(Ord. 77-33 § 1 (part), 1977).

5.76.045 EXCEPTIONS.

In reviewing applications for bingo permits submitted under Section 5.76.080 of this code, and issuing permits under Section 5.76.110, the finance director may, with the advice and consent of the chief of police, waive the requirement in Section 5.76.110(4) that the applicant have been in existence three years prior to submitting the application. This waiver may be granted upon finding that the applicant was organized to address a topic of public importance that attained public attention within the past three years.

(Ord. 86-05 § 1, 1986).

5.76.050 VIOLATIONS AND PENALTIES.

(a)    Any person who violates Sections 5.76.040, 5.76.070, and 5.76.180 shall be guilty of a misdemeanor and shall be subject to the penalties provided in Chapter 1.08 of this code.

(b)    A violation of Section 5.76.040, subsection (4) shall be punishable by a fine not to exceed $10,000.00, which fine shall be deposited in the city general fund.

(Ord. 77-33 § 1 (part), 1977).

5.76.060 AUTHORITY TO INSPECT PREMISES AND RECORDS.

(a)    The chief of police and any official city inspector shall have the authority to enter permittee’s premises free of charge to inspect the premises in order to insure that the operation of bingo games at the premises does not constitute a violation of any state or federal law or provision of this code.

(b)    The chief of police may inspect the records and bank accounts containing monies derived from bingo games of any organization conducting bingo games whenever deemed reasonable and appropriate to insure compliance with the provisions of this chapter.

(Ord. 77-33 § 1 (part), 1977).

5.76.070 PERMIT REQUIRED.

No person or organization shall conduct a bingo game without first obtaining a permit from the finance director to do so.

(Ord. 77-33 § 1 (part), 1977).

5.76.080 APPLICATION FOR PERMIT REQUIRED – CONTENTS OF PERMIT.

An application for a bingo permit or renewal of such permit shall be filed with the finance director, shall be in writing on forms provided by the city, shall be in duplicate, and shall be accompanied by the appropriate license fee. The application and renewal fees for a bingo permit shall be set by resolution of the city council. Fees are established to cover actual cost of issuing such permit and are not refundable. Applications shall be verified as provided by the California Code of Civil Procedure for the verification of pleadings. Such application shall include:

(1)    Name of organization; names, signatures, addresses, and phone numbers of all officers of the organization, and the number of years the organization has had continuous active existence at a fixed address in the city prior to the application date;

(2)    Days and hours of operation of bingo games;

(3)    Attached copies of certificates or letters evidencing exempt status under Section 170(c)(2) of the Internal Revenue Code of 1954, received from the Franchise Tax Board and the Internal Revenue Service;

(4)    Address of premises and the particular room or rooms for which the permit is required, the square feet thereof to be used for bingo games, and the seating capacity, the name, residence, business address, business phone number, and written consent of the owner of the premises, who shall indicate consent to bingo games being conducted upon the premises by signing the application in the space provided;

(5)    Statement of ownership or lease of premises;

(6)    Purpose for which such premises are used by the organization;

(7)    Statement of ownership of bingo equipment used in the operation of bingo games;

(8)    Statement of consent for chief of police to investigate any bank accounts containing monies derived from bingo games;

(9)    Name of each individual, corporation, partnership or other legal entity which has a financial interest in the conduct of the bingo games;

(10)    Name and birth date, residence and business address of each staff member or person operating or assisting in the operation of bingo games;

(11)    Whether or not any person who will operate or assist in the operation of bingo games has been convicted within the last five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, burglary, robbery, or similar crimes; and

(12)    Such further information as may be required by the chief of police.

(Ord. 77-33 § 1 (part), 1977).

5.76.090 AUTHORITY OF AND INVESTIGATION AND RECOMMENDATION BY CHIEF OF POLICE.

(a)    The finance director shall submit each application to the chief of police for investigation and approval.

(b)    The chief of police shall conduct an appropriate investigation to determine whether the permit should be issued in accordance with the provisions of this chapter.

(c)    The chief of police shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for the purposes of his investigation. If he finds that such operators or persons assisting in the operation of a bingo game have been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, burglary, robbery, or similar crimes he may not approve issuance of the permit in question.

(Ord. 77-33 § 1 (part), 1977).

5.76.100 INVESTIGATION AND RECOMMENDATION BY OTHER CITY DEPARTMENTS.

The finance director shall submit each application to the following departments for investigation and recommendation:

(1)    Fire department as to any fire hazard on the premises in question;

(2)    County health department as to the health and sanitary conditions of the premises in question;

(3)    Building inspection department as to compliance with city building regulations;

(4)    Planning director as to compliance with city zoning requirements and the city Zoning Ordinance.

(Ord. 77-33 § 1 (part), 1977).

5.76.110 APPROVAL AND ISSUANCE OF PERMIT.

After investigation the chief of police shall approve the application and the finance director shall issue a bingo game permit or renewal of such permit, if the chief of police finds:

(1)    That a completed written application form therefor has been filed; and

(2)    That the required fee therefor has been paid to the city finance director; and

(3)    That as a result of the investigation all applicable provisions of this chapter with regard to such permit application have been met; and

(4)    That the organization has had continuous active existence at a fixed address in the city for at least three years prior to the application date; and

(5)    That the operation by the applicant will be carried on in a building, structure and location which complies with and meets all of the health, zoning, fire, building and safety requirements and standards of the laws of the state of California and ordinances of the city applicable to such premises; and

(6)    That the applicant and the persons who will operate or assist in operating bingo games has not been convicted in a court of competent jurisdiction by final judgment, within the last five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, burglary, robbery or similar crimes;

(7)    That the applicant has not had a similar type permit previously revoked for good cause within the past year unless the applicant has shown a material change in circumstances since the date of revocation.

(Ord. 77-33 § 1 (part), 1977).

5.76.120 PERMIT CONDITIONS.

If the permit is approved, the chief of police may include such restrictions and conditions in the permit as deemed reasonable and necessary under the circumstances to insure compliance with the purposes and intent of this chapter.

(Ord. 77-33 § 1 (part), 1977).

5.76.130 NOTICE OF DECISION.

Notice of decision with reference to issuance of a permit under this chapter shall be made to the applicant or any other person requesting such notice within thirty days after receipt of the application for a permit or a renewal of such permit.

(Ord. 77-33 § 1 (part), 1977).

5.76.140 DENIAL OF PERMIT.

The chief of police shall refuse to approve a permit if the permit application or proposed mode of operation of the bingo game is not in compliance with the provisions of this chapter.

(Ord. 77-33 § 1 (part), 1977).

5.76.150 NOTICE OF CHANGE, FURTHER INVESTIGATION BY CHIEF OF POLICE.

(a)    Any changes as to the staff operating or assisting in the operation of a bingo game or any other changes in the information furnished under Section 5.76.080 made subsequent to the issuance of a bingo permit shall be reported within twenty days to the chief of police for any further investigation which he deems necessary and appropriate.

(b)    If, after such investigation, the chief of police finds that the changes require suspension, the chief of police may suspend any permit issued.

(Ord. 77-33 § 1 (part), 1977).

5.76.160 DURATION AND PERMIT RENEWAL.

Permits issued prior to September 8, 1977 shall be granted for a term ending September 8, 1977. Thereafter, permits are granted for one-year terms; each term is renewable annually. Written application for renewal of a permit shall be made to the finance director at least one month prior to its expiration date. Permits shall automatically expire upon repeal of authority to conduct bingo games within the city of Santa Cruz.

(Ord. 77-33 § 1 (part), 1977).

5.76.170 DISPLAY OF PERMIT AND POSTING OF RULES AND REGULATIONS.

Every permittee shall keep the permit and a copy of the rules and regulations set forth in Section 5.76.040 posted in a conspicuous place upon the licensed premises in open and clear view.

(Ord. 77-33 § 1 (part), 1977).

5.76.180 FILING OF ANNUAL REPORT.

At the end of each fiscal year during the term of the permit, each nonprofit charitable organization which has been issued a permit shall file a report made under penalty of perjury with the finance department containing the following information:

(1)    Any changes in or additions to the information required under Section 5.76.080;

(2)    The total amount of money received from the operation of the bingo games in the previous fiscal year;

(3)    The total amount paid out in prizes;

(4)    Detailed costs to the organization for the operation of the bingo games.

(Ord. 77-33 § 1 (part), 1977).

5.76.190 PERMITS NONTRANSFERABLE.

Permits granted under this chapter shall not be transferable, either as to the license or the location. Any attempt to transfer shall render the permit and license in question invalid.

(Ord. 77-33 § 1 (part), 1977).

5.76.200 SUSPENSION OF PERMIT AUTHORIZED.

Any permit issued under this chapter may be suspended by the chief of police for violation of any of the provisions of this chapter, or any provisions of this code or of federal or state law. The chief of police, in case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reasons for the suspension. The order shall be effective immediately if personally served, or forty-eight hours after the same has been deposited in the course of transmission with the United States Postal Service. Immediately upon such an order becoming effective, the permittee shall cease all operations under such permit.

(Ord. 77-33 § 1 (part), 1977).

5.76.210 REVOCATION.

The suspension shall become a revocation ten days after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension. Where an appeal is filed, the order shall be stayed pending a determination thereon by the city council. The suspension shall become a revocation if the suspension of the chief of police is upheld.

(Ord. 77-33 § 1 (part), 1977).

5.76.220 APPEAL.

Any person aggrieved by the decision of the chief of police with reference to the approval or denial of an application of a permit may appeal such decision according to Chapter 1.16 of the code.

(Ord. 77-33 § 1 (part), 1977).