[Ord. #77-010; 1958 Code § 17.50]
The regulations following relating to bingo games for charity are enacted under Section 19 of Article IV of the State Constitution and the implementing provisions of Section 326.5 of the State Penal Code.
[Ord. #77-010; 1958 Code § 17.51]
As used in this section:
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.
[Ord. #77-010; 1958 Code § 17.52]
Organizations which are eligible to apply to the City for a
permit to conduct bingo games in the City in the manner permitted
by the provisions of Section 326.5 of the State Penal Code and by
these regulations are as follows:
a.
Labor, agricultural or horticultural organizations as set forth in
Section 23701(a) of the California Revenue and Taxation Code.
b.
Fraternal beneficiary societies, orders or organizations:
c.
Corporations, Community Chests or trust organized and operated exclusively
for religious, charitable, scientific, testing for public safety,
literary or educational purposes, or for the prevention of cruelty
to children or animals, as set forth in Section 23701(d) of the California
Revenue and Taxation Code.
d.
Business leagues, Chambers of Commerce, Real Estate Boards, or Boards
of Trade, as set forth in Section 23701(e) of the California Revenue
and Taxation Code.
e.
Civic leagues or organizations operated exclusively for the promotion
of social welfare, or local organizations of employees, net earnings
of which are devoted exclusively to charitable, educational or recreational
purposes, as set forth in Section 23701(f) of the California Revenue
and Taxation Code.
f.
Clubs organized and operated exclusively for pleasure, recreation
and other nonprofitable purposes, no part of the net earnings of which
inures to the benefit of any private shareholder, as set forth in
Section 23701(g) of the California Revenue and Taxation Code.
g.
Domestic, fraternal societies, orders or associations, operating
under the lodge system as set forth in Section 23701(1) of the California
Revenue and Taxation Code.
h.
Mobile home park associations.
i.
Senior citizens organizations.
[Ord. #77-010; 1958 Code § 17.53]
Eligible organizations desiring to obtain a permit to conduct
bingo games in the City shall file an application in writing therefor
with the City Treasurer upon forms to be provided.
The permit issued shall be for a term of one (1) year from the
date of issuance, subject to renewal and annual fee.
[Ord. #77-010; 1958 Code § 17.54]
No permit shall be issued to any organization unless such applicant qualifies pursuant to the requirements of subsection 5-3.3 hereof, and its application conforms to the requirements, terms and conditions of these regulations, and the appropriate sections of the California Revenue and Taxation Code.
[Ord. #77-010; 1958 Code § 17.55]
Application for a permit shall contain the following:
a.
The name of the applicant organization and a statement that applicant qualifies pursuant to subsection 5-3.3.
b.
The name and signature of at least two (2) officers, including the
presiding officer, of the organization.
c.
A list of all members of the organization who will operate the bingo
games, including full names and date of birth.
d.
The particular property within the City, including the street number,
owned or leased by applicant, used by such applicant for the performance
of the purposes for which the applicant is organized, on which property
bingo games will be conducted, together with the occupancy capacity
of such place.
e.
Proposed days of week and hours of day for conduct of bingo games.
f.
That the applicant agrees to conduct bingo games in strict accordance
with the provisions of Section 326.5 of the State Penal Code and these
regulations, as they may be amended, and agrees that the permit to
conduct bingo games may be summarily suspended by the Chief of Police
and/or revoked by the Administrative Officer upon violation of any
of such provisions.
g.
Application shall be signed by the applicant under penalty of perjury.
[Ord. #77-010; 1958 Code § 17.56]
Upon receipt of the completed application and the fee, the City
Treasurer shall refer the same to interested departments of the City,
including, but not limited to, the Administrative Officer, City Attorney,
Building Inspection Division, Police Department and the Fire Department,
for investigation as to whether or not all the statements in the application
are true and whether or not the property of the applicant qualifies
and the extent to which it qualifies, as property on which bingo games
may lawfully be conducted, as to fire, occupancy, and other applicable
restrictions.
[Ord. #77-010; 1958 Code § 17.57]
Upon being satisfied that the applicant is fully qualified,
under the law, to conduct bingo games in the City, the City Treasurer
shall issue a permit to the applicant, subject to ratification by
the City Council under the Consent Calendar procedure.
The permit shall contain the following information:
a.
The name and nature of the organization to whom the permit is issued.
b.
The address where bingo games are authorized to be conducted.
c.
The occupancy capacity of the room in which bingo games are to be
conducted.
d.
The date of the expiration of such permit.
e.
Such other information as may be necessary or desirable for the enforcement
of the provisions of these regulations.
[Ord. #77-010; 1958 Code § 17.58]
Any peace officer of the City shall have free access to any
bingo game authorized under these regulations. The permittee shall
have the bingo permit, the list of approved staff, and proof of ownership
of the bingo equipment available for inspection at all times during
any bingo game. It shall be unlawful for any person to interfere,
block doorways, or otherwise impede the efforts of a peace officer
to make such inspections.
[Ord. #77-010; 1958 Code § 17.59; Ord. #92-05,
§ 2]
An annual permit fee, if any, as is set forth in the Master
Fee Schedule Resolution as passed by the City Council, shall accompany
the application. If an application for permit is denied, one-half
(1/2) of any fee paid shall be refunded to the organization.
[Ord. #77-010; 1958 Code § 17.60]
The total value of prizes awarded during the conduct of any
bingo games shall not exceed two hundred fifty ($250.00) dollars in
cash or kind, or both, for each separate game which is held.
[Ord. #77-010; 1958 Code § 17.61]
With respect to organizations exempt from payment of the bank
and corporation tax by Section 23701d of the California 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 these regulations, 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:
a.
Such proceeds may be used for prizes.
b.
A portion of such proceeds, not to exceed ten (10%) percent of the
proceeds after the deduction for prizes, or five hundred ($500.00)
dollars per month, whichever is less, may be used for rental of property,
overhead, and administrative expenses.
The permittee 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
which are authorized by these regulations. The City, by and through
its authorized officers, shall have the right to examine and audit
such records at any reasonable time and permittee shall fully cooperate
with the City by making such records available.
[Ord. #77-010; 1958 Code § 17.62]
No individual, corporation, partnership or other legal entity,
except the permittee, shall hold a financial interest in the conduct
of such bingo game.
[Ord. #77-010; 1958 Code § 17.63]
A bingo game shall be operated and staffed only by members of
the permittee organization. Such members shall not receive a profit,
wage or salary from any bingo game. Only the permittee shall operate
such game, or participate in the promotion, supervision or any other
phase of such game.
[Ord. #77-010; 1958 Code § 17.64]
All bingo games shall be open to the public, not just to the
members of the permittee organization.
[Ord. #77-010; 1958 Code § 17.65]
Notwithstanding that bingo games are open to the public, attendance
at any bingo game shall be limited to the occupancy capacity of the
room in which such game is conducted as determined by the Fire Department
and Building Inspection Division of the City in accordance with applicable
laws and regulations. Permittee shall not reserve seats or space for
any person.
[Ord. #77-010; 1958 Code § 17.66]
A permittee 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 the performance of the purposes for which the organization
is organized. Nothing in this subsection shall be construed to require
that the property owned or leased by the organization be used or leased
exclusively by such organization. The permit issued hereunder shall
authorize the holder thereof to conduct bingo games only on such property,
the address of which is stated in the application. In the event the
described property ceases to be used as a place for the performance
of the purposes for which the permittee is organized, the permit shall
have no further force or effect. A new permit may be obtained by an
eligible organization, upon application under these regulations, when
it again owns or leases property used by it for the performance of
the purposes for which the organization is organized. The City Treasurer
may require evidence of a lease or ownership.
[Ord. #77-010; 1958 Code § 17.67]
No person under the age of eighteen (18) years of age shall
enter or remain or be permitted to enter or remain in any place while
bingo games are being played, nor shall such person participate or
be permitted to participate directly or indirectly in any bingo game
conducted or being played in any place where bingo games are authorized.
[Ord. #77-010; 1958 Code § 17.68]
No alcoholic beverages shall be consumed, sold or given away,
served or delivered to any person within the place where any bingo
games are being conducted.
[Ord. #77-010; 1958 Code § 17.69]
No permittee shall conduct any bingo game for more than four
(4) hours out of any twenty-four (24) hour period. No bingo game shall
be conducted before 10:00 a.m. nor after 12:00 midnight or any day.
[Ord. #77-010; 1958 Code § 17.70]
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.
[Ord. #77-010; 1958 Code § 17.71]
It is a misdemeanor under Section 326.5(b) of the State Penal
Code for any person to receive a profit, wage or salary from any bingo
game authorized hereunder, a violation of which is punishable by a
fine not to exceed ten thousand ($10,000.00) dollars which fine shall
be deposited in the General Fund of the City.
[Ord. #77-010; 1958 Code § 17.72]
a.
Whenever it appears to the Chief of Police or the Chief's representative
that the permittee is conducting a bingo game in violation of any
of these provisions, the Chief of Police or the Chief's representative
shall have the authority to summarily suspend the permit for the day
in question and order the permittee to immediately cease and desist
any further operation of any bingo game on the day.
b.
Any person who continues to conduct a bingo game after any summary
suspension thereof under paragraph a shall be deemed guilty of a misdemeanor
and upon conviction thereof, shall be punishable by a fine not exceeding
five hundred ($500.00) dollars or by imprisonment in the County Jail
for a period not exceeding six (6) months, or by both such fine and
imprisonment.
[Ord. #77-010; 1958 Code § 17.73]
Whenever it appears to the Administrative Officer that the permittee
has been or is conducting bingo games in violation of State Penal
Code Section 326.5, or any of these provisions, or that the permit
was obtained by fraudulent representation, the permit may be revoked.
No permit shall be revoked unless written notice shall have
first been given at least ten (10) days before the hearing thereof
by depositing in the United States mail a notice directed to the permittee
at the address given in the application. The notice shall set forth
a summary of the ground(s) advanced as the basis of the revocation.
At the hearing before the Administrative Officer, the permittee
or its authorized representative shall have the right to present evidence
and a written or oral argument, or both, in response.
The Administrative Officer shall not be bound in the conduct
of such hearing by the common law or statutory rules of evidence and
procedure, but inquiry shall be made in such a manner to ascertain
the substantial rights of the public and the permittee.
No decision shall be invalidated because of the admission into
the record and the use as any proof of any fact in dispute of any
evidence not admissible under the common law or statutory rules of
evidence.
Within twenty (20) days after close of hearing, the Administrative
Officer shall enter the decision based upon the record presented,
and notify in writing, the permittee of such decision. The decision
of the Administrative Officer shall be final.
[Ord. #77-010; 1958 Code § 17.74]
The City may bring an action in a court of competent jurisdiction
to enjoin a violation of Section 326.5 of the State Penal Code or
of these regulations.
