[§ 2, Ord. 906-94, eff. July 21, 1994]
(a)
BINGO – Shall mean 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)
ELIGIBLE ORGANIZATION – Shall mean those organizations identified
in Penal Code § 326.5.
[§ 2, Ord. 906-94, eff. July 21, 1994]
(a)
Eligible organizations may apply to the City Council for a revocable
license to conduct bingo games in the City of Avalon under the provisions
of Penal Code § 326.5 and this chapter.
(b)
No person or organization shall conduct or engage in or cause to
be conducted or engaged in a bingo game in the City of Avalon without
first having secured a revocable license in accordance with the requirements
of this chapter, nor without complying with all regulations pertaining
to the operation of bingo games.
(c)
Applications for a revocable license to conduct bingo games shall
be filed with the Finance Director upon a form to be provided by him
together with the required fee. The application shall be filed at
least 60 days prior to the conduct of any bingo game, contain a verification
and shall specify:
(1)
The name, address and telephone number of the local applicant
organization, the nature of the organization, a statement that the
applicant is an eligible organization and the basis therefor;
(2)
The names and addresses of all officers and directors of the
organization;
(3)
A list of the names of all members of the organization who will
operate and staff bingo games, and the date they became members of
the organization;
(4)
A detailed schedule of the date(s), hours, location and occupancy
capacity of the location of each bingo game to be held;
(5)
A detailed description of the recording system to be used by
the organization to account for receipts, prizes, expenses and profits
of each bingo game;
(6)
The location and signatory of the special bank account required by § 5-17.09(a);
(7)
The charitable purpose(s) which the bingo proceeds will benefit;
(8)
A statement that the applicant agrees to conduct bingo games
in strict accordance with the provisions of this chapter;
(9)
The address to which notice is to be sent or mailed, and the
names of an individual, in addition to the officers and directors
listed elsewhere in the application, who is authorized to accept service
of process for the licensee;
(10)
Signatures of the presiding officer and one other officer of
the organization.
(d)
Any applicant or holder of a license for bingo games shall notify
the Finance Director in writing of any change in the information contained
on the application within five days thereof.
[§ 2, Ord. 906-94, eff. July 21, 1994; § 5, Ord. 1001-01, eff. November 15, 2001]
Applicants for the issuance of a new license or renewal of an
existing license shall pay a fee in an amount set by resolution of
the City Council.
[§ 2, Ord. 906-94, eff. July 21, 1994]
Upon receipt of the license fee, the Finance Director shall
transmit copies of the application form to interested City departments,
including but not limited to, the Sheriff, the Health Officer, Fire
Department and Building Official. Every department to which the application
has been sent may request such additional information from the applicant
as reasonably necessary to determine whether the license should be
granted, granted with conditions or denied. Each department shall
transmit to the Finance Director written recommendations regarding
the application. The Finance Director will notify the applicant of
any recommendation that the license should be conditioned or denied.
[§ 2, Ord. 906-94, eff. July 21, 1994]
The Finance Director shall set a hearing on the application
before the City Council and provide the applicant with at least 10
days' written notice of the hearing. The City Council may issue
the license, impose such conditions as within its discretion are necessary
to ensure that the bingo game will be conducted in accordance with
this chapter and that the proceeds will be applied as required, or
may deny the license upon a factual finding that the application contains
deceptive or misleading information or the applicant has engaged in
any fraudulent or criminal transaction.
[§ 2, Ord. 906-94, eff. July 21, 1994]
Upon 10 days' notice to the licensee, the City Council
may conduct a hearing to determine whether a license shall be revoked,
suspended or new conditions imposed. The City Council may take such
action upon a finding that the licensee has violated any condition
of the license or any provision of this chapter.
[§ 2, Ord. 906-94, eff. July 21, 1994]
(a)
A bingo game shall be operated, managed and staffed only by members
of the licensee organization who shall wear on their outside clothing
a legible identification badge indicating the name and title of the
staff member. No member of the organization which operates any bingo
game shall receive any profit, wage, salary or any other direct or
indirect consideration from such game. Only the licensee shall operate
the game, or participate in the promotion, supervision or any other
phase of the bingo game.
(b)
All bingo games shall be open to the public, not just to the members
of the licensee organization, except that attendance shall be limited
to the occupancy capacity of the room where the game is conducted.
No admission fee, purchase or donation shall be required for entry
to the location where the bingo game is conducted. The licensee shall
not reserve seats or space for any person.
(c)
No bingo game shall be conducted between the hours of midnight and
10:00 a.m. The City Council may impose additional limitations on the
hours and number of days that a licensee may conduct bingo games.
(d)
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
game is being conducted.
(e)
During the conduct of any bingo game, the licensee shall post at
the public entrance in a conspicuous place the license and the costs,
prizes and rules of each game to be played.
(f)
A licensee shall conduct a bingo game only on property owned or leased
by it and which property is used by the organization for performance
of the purposes of the organization. Bingo games may be conducted
only on such property or addresses stated in the application.
(g)
No licensee shall issue chips or money to a patron on credit or loan
(including but not limited to IOU's or checks to be held) or
allow any patron to play on credit.
(h)
No person under the age of 18 years of age shall be allowed to participate
in any bingo game.
(i)
No alcoholic beverages shall be served or consumed during the hours
of operation and no person who is intoxicated shall be allowed to
participate in a bingo game.
(j)
No person shall interfere with, prevent or refuse to permit a sheriff
or other peace officer to make an examination or inspection of any
premises or any record kept by the licensee for the purpose of determining
whether the licensee is complying with the provisions of this chapter
and other applicable statutes and regulations.
[§ 2, Ord. 906-94, eff. July 21, 1994]
The total value of prizes awarded during the conduct of any
bingo games shall not exceed $250 in cash or kind or both, for each
separate game which is held. All monetary prizes shall be paid in
the form of a check drawn on a financial institution. The licensee
shall keep a record on forms provided by the sheriff, of the name,
address, and telephone number and signature of the winner, and the
consecutive serial number on the receipt for the prize.
[§ 2, Ord. 906-94, eff. July 21, 1994]
(a)
Use Restrictions. Within 24 hours, all proceeds derived from a bingo
game shall be deposited in a special account and such funds shall
not be commingled with any other fund or account. The proceeds derived
from the operation of bingo shall be used only for charitable purposes
and disbursed by check at least quarterly, except that:
(b)
Accounting. A licensee shall keep full and accurate records of the
income and expenses received and disbursed in connection with its
operation, conduct, promotion, supervision and any other phase of
bingo games. At least two members of the licensed organization shall
jointly count all bingo proceeds. The City shall have the right to
examine and audit such records at any reasonable time and the licensee
shall fully cooperate with the City by making such records available.
The City may demand a complete detailed accounting of all income and
expenditures at any time. If the licensee fails to render the accounting
within the time limit set by the City, the license shall be temporarily
suspended until such accounting is rendered.
[§ 2, Ord. 906-94, eff. July 21, 1994]
Violations of any provision of this chapter shall be a misdemeanor
punishable by a fine of $1,000 and/or six months in jail, except as
otherwise stated in the Penal Code.
