Note: Prior ordinance history: Ord. Nos. 1522, 1583, 1693,
and 1733.
Organizations which are (1) exempted from the payment of the
bank and corporation tax by Sections 23701(a), 23701(b), 23701(d),
23701(e), 23701(f), 23701(g), 23701(k), 23701(w), and 23701(l) of
the
Revenue and Taxation Code, (2) mobilehome park associations, (3)
senior citizens organizations, and (4) charitable organizations affiliated
with a school district are eligible to apply to the City for a license
to conduct bingo games in the City in accordance with the provisions
of Sections 326.3 and 326.5 of the California
Penal Code and provisions
of this chapter, provided that the receipts of those games are used
only for charitable purposes.
(2141 § 1, 1990; 2801 § 1, 2011; 2802 § 1, 2011)
Eligible organizations desiring to obtain such a license to
conduct bingo games in the City shall file an application in writing
therefor with the City on a form to be provided by the City. The issuing
authority shall be the Police Chief. The license issued shall be for
a term of one year from the date of issuance, subject to renewal and
annual fee. No person or organization shall play, or permit to be
played, any bingo game required to have a license pursuant to this
chapter without first having obtained a license covering such activity.
(2141 § 1, 1990; 2802 § 1, 2011)
No license shall be issued to any organization unless such applicant is an eligible organization under Section
8.50.010 and its application conforms to the requirements, terms, and conditions of this chapter.
(2141 § 1, 1990; 2802 § 1, 2011)
An application for a license under this chapter shall contain
the following:
A. The name of the applicant organization and a statement that the applicant is an eligible organization under Section
8.50.010.
B. The
name and signature of at least two officers including the presiding
officer of the corporation or community chest and the trustee of any
trust.
C. The
particular property within the City including the street number, owned
or leased by the applicant, used by such applicant for an office or
for 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.
D. Proposed
day of the week and hours of the day for conduct of bingo games.
E. That
the applicant agrees to conduct bingo games in strict accordance with
the provisions of Section 326.5 of the
Penal Code and this chapter
as they may be amended from time to time, and agrees that the license
to conduct bingo games may be revoked by the Police Chief upon violation
of any of such provisions.
F. The
application shall be signed by the applicant under penalty of perjury.
G. The
annual license fee, as established by City Council resolution, shall
be paid upon application. If an application for a license is denied,
one-half of the application fee shall be refunded to the applicant.
H. The
applicant shall submit, with its application, a certificate issued
by the Franchise Tax Board certifying that the applicant is exempt
from the payment of the taxes imposed under the Corporation Tax Law
pursuant to Section 23701(a), 23701(b), 23701(d), 23701(e), 23701(f),
23701(g), 23701(k), 23701(w), or 23701(l) of the Revenue and Taxation
Code. In lieu of a certificate issued by the Franchise Tax Board,
the City may refer to the Franchise Tax Board's Internet website to
verify that the applicant is exempt from the payment of the taxes
imposed under the Corporation Tax Law.
I. Licensee
organization by-laws. Prior to the issuance of a new license or renewal
of an existing bingo license, the licensee shall incorporate as part
of their by-laws this chapter, in its entirety, and submit a copy
of the by-laws to the Police Chief. The licensee organization shall
ensure that its members who are involved in the direct operation of
a bingo game, or other authorized game, are aware of this chapter's
contents and are responsible to conduct their activity in a lawful
manner.
(2141 § 1, 1990; 2290 § 1 (10), 1994; 2801 § 1, 2011; 2802 § 1, 2011)
Upon receipt of the completed application and the fee, the City
Manager or his or her designee shall refer the same to interested
departments of the City 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.
(2141 § 1, 1990; 2802 § 1, 2011)
Upon being satisfied that the applicant is fully qualified under
laws to conduct bingo games in the City, the Police Chief shall issue
a license to the applicant that shall contain the following information:
A. The
name and nature of the organization to whom the license 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 the license.
E. Such
other information as may be necessary or desirable for the enforcement
of the provisions of this chapter.
(2141 § 1, 1990; 2802 § 1, 2011)
All organizations issued a valid license pursuant to this chapter
shall, during the operation of any bingo game or other authorized
game require each member of the organization involved in the direct
operation of a bingo game or other authorized game, to be issued and
wear in a clearly visible location, an identification card, hereafter
referred to as a "bingo badge." The bingo badge will indicate the
member's name, that the member is in good standing in the organization
and authorized to be a bingo game operator. A photograph of the member
will also be part of the bingo badge. The bingo badge shall be worn
at all times when an individual is involved in the direct operation
of a bingo game or other authorized game, and shall be subject to
presentation and review upon request by a police officer of the City.
Badges may be obtained by an organization at any time after a valid
license has been issued with no limitation on the number of badges
an organization may require, at a cost set by City Council resolution.
A. Members
required to obtain and wear a bingo badge. The following members of
an organization involved in the direct operation of a bingo game or
other authorized game, acting under one of the following conditions
or positions regardless of title, shall obtain and wear a bingo badge:
7. Any
person conducting or associated with pull tab sales
8. Any
person handling, transporting, or having temporary custody of any
money, or
9. Any
person acting as an assistant to one of the above.
B. Board
of directors. All members of the board of directors shall obtain a
bingo badge that identifies them as a member of the board of directors,
and shall wear the badge at all times when present upon the premises
when a bingo game or other authorized game is being conducted.
(2141 § 1, 1990; 2290 § 1 (10), 1994; 2802 § 1, 2011)
A. Whenever
it appears to the Police Chief that the licensee is conducting a bingo
game in violation of any of the provisions of this chapter, the Police
Chief shall have the authority, orally or in writing, to summarily
suspend the license and order the licensee to immediately cease and
desist any further operations of any bingo game. If an order of suspension
of the permit is oral, within two working days a statement of charges
shall be made available to the licensee.
B. Any
person who continues to conduct or aid and abet a bingo game after
any summary suspension, revocation or without having obtained a valid
license pursuant to this chapter, shall be deemed guilty of a misdemeanor.
C. The
order issued suspending the license shall also notify the licensee
that it shall have five days from the date of such order to request
a hearing to determine whether such license shall be revoked. Failure
to request, in writing, such hearing before the Police Chief within
said five-day period, shall result in a revocation of the license,
unless the Police Chief otherwise orders.
D. Upon
such request by the licensee whose license has been suspended, for
a hearing to determine whether such license shall be revoked, the
Police Chief shall provide such hearing within 10 days after receipt
of such request at which hearing the suspended licensee may appear
before the Police Chief for the purpose of presenting evidence why
the license should not be revoked. No license shall be revoked under
this section unless notice of the time and place of such hearing is
first given at least five days before the hearing thereof by depositing
in the United States mail a notice directed to the suspended licensee
at the address given in the application. The notice shall set forth
a summary of the ground advanced as the basis of the suspension and
revocation.
E. Any
organization whose license is revoked under this section shall not
conduct any bingo game in the City unless and until such time as the
City Council, on appeal, determines to overrule the decision of the
Police Chief or the licensee has obtained a new valid license issued
pursuant to this chapter.
(2141 § 1, 1990; 2802 § 1, 2011)
A. Whenever it appears to the Police Chief that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered, under Section
8.50.080, th
e license may be revoked; provided, however, the licensee may appear before the Police Chief at the time fixed by the Police Chief, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice is first given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.
B. Any
organization whose license is revoked under this section shall not
conduct any bingo game in the City unless and until such time as the
City Council, on appeal, determines to overrule the decision of the
Police Chief.
(2141 § 1, 1990; 2802 § 1, 2011)
A. Any
holder of a license whose license is revoked under this chapter shall
have the right, within 10 days after receiving notice in writing of
the revocation, to submit a written appeal to the City Council. Such
appeal shall set forth the specific ground or grounds on which it
is based. The City Council shall hold a hearing on the appeal within
30 days after its receipt by the City, or at a time thereafter agreed
upon, and shall cause the appellant to be given at least 10 days'
written notice of such hearing. At the hearing, the appellant or his
or her authorized representative shall have the right to present evidence
and a written or oral argument, or both, in support of his or her
appeal. The determination of the City Council on the appeal shall
be final.
B. Any
organization whose license is finally revoked may not apply again
for a license to conduct bingo games in the City for a period of one
year from the date of such revocation; provided, however, if the grounds
for revocation is cancellation of the exemption granted under Section
23701 or 23701d of the
Revenue and Taxation Code, such organization
may again apply for a license upon proof of reinstatement of the exemption.
(2141 § 1, 1990; 2802 § 1, 2011)
As used in this chapter, "bingo" means a game of chance in which
prizes are awarded on the basis of designated numbers or symbols selected
at random by an individual operating the game who is known as the
"caller." The procedural steps under this definition of bingo are
as follows:
A. The
caller's chart is numbered 1—75 serially in five vertical rows.
The five rows are lettered B I N G O. Row B is numbered 1 to 15, reading
down. Row I is numbered 16 to 30. Row N is numbered 31 to 45. Row
G is numbered 46 to 60. Row O is numbered 61 to 75. The caller ejects
a calling number, one at a time. As he or she draws each number, he
or she calls out loudly the letter and the number. The caller then
places the number on the caller's chart. This procedure continues
until one player has covered five squares in a row, either vertically,
diagonally, or horizontally. The "free spot" in the center of each
bingo card does not have to be covered. It counts as a covered spot
at all times. As soon as one player has covered five squares in a
row, either vertically, diagonally, or horizontally, that player calls
out "bingo"! The caller stops calling out numbers. He or she then
checks the bingo by having the player call out the numbers that make
his or her row of five covered squares. As the player calls out his
or her covered squares, the caller double checks by making sure the
numbers called out by the player are covered by numbered counters
on the caller's chart. In case of two or more players establishing
"bingo" at the same time, the prize is divided equally between the
players.
B. For
purposes of the definition described hereinabove and this chapter:
1. The
game is conducted among persons all or any of whom have paid or promised
to pay any valuable consideration for the right to participate in
such game; or
2. The
game is conducted among persons none of whom have paid or promised
to pay any valuable consideration for the right to participate in
such game, but the total value of the prize for each game exceeds
the value of $25.00.
C. Restricted
games. No games shall be played on the premises that are not authorized
by this Code or previously approved in writing by the Police Chief.
Any contested games or activities shall not be allowed to occur without
a written opinion determining their legality from the California Legislative
Council.
(2141 § 1, 1990; 2802 § 1, 2011)
As used in this chapter, "school" means a State of California
approved high school site within the Garden Grove Unified School District
occupying 27 or more acres of land.
(2141 § 1, 1990; 2802 § 1, 2011)
A. Maximum
awards. The total value of prizes awarded during the conduct of any
bingo game shall not exceed $500.00 or the maximum amount allowable
pursuant to California
Penal Code Section 326.5, as that section may
be amended from time to time, whichever is greater, in cash or kind,
or both, for each separate game that is held. No bonus or progressive
prize money or gift(s) in any form whatsoever may be added on to the
amount set forth in this section for any reason, including, but not
limited to, winning any particular number of games during the night
or day that the games are played.
B. Identification
of specific winners. Any individual who wins $50.00 or more in a single
bingo game or other authorized game, shall sign the winning sheet
and indicate his or her home address and telephone number. The licensee
shall maintain copies of the winning sheets for a period of 18 months,
and make them available for inspection upon the request by a police
officer of the City.
(2141 § 1, 1990; 2753 § 1, 2009; 2802 § 1, 2011)
A. 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 profit
shall be used only for charitable purposes. With respect to other
organizations authorized to conduct bingo games pursuant to this chapter,
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, not to exceed 20% of the proceeds before
the deduction for prizes, or $1,000.00 per month, whichever is less,
may be used for rental of property; overhead, including the purchase
of bingo equipment; administrative expenses; security equipment; and
security personnel.
B. The City reserves the right at any time to request and in fact to audit all books, accounts, and records of any kind or nature whatsoever that relate to or deal with conducting by the organization of any bingo game under this chapter. Failure or refusal to allow such an audit by licensee upon request by the City shall be deemed grounds for a summary suspension pursuant to Section
8.50.080.
(2141 § 1, 1990; 2802 § 1, 2011)
All disbursements from the bingo account shall be consecutively
numbered checks signed by two authorized officers of the licensee
and shall be made payable to a specific individual or organization.
There shall be written on each check the nature of the expenditure
for which the check is drawn. No check shall be drawn to "cash" or
a fictitious payee.
(2141 § 1, 1990; 2802 § 1, 2011)
If the licensee is conducting bingo games for the benefit of extracurricular school activities on school grounds pursuant to Section
8.50.120 of this chapter, the money obtained from the bingo games shall be used for extracurricular activity including, but not limited to, travel expenses of school bands or sports teams. The money shall not be used to replace existing budgets for school functions or equipment.
(2141 § 1, 1990; 2802 § 1, 2011)
No individual, corporation, partnership, or other legal entity
except the licensee shall hold a financial interest in the conduct
of a bingo game.
(2141 § 1, 1990; 2802 § 1, 2011)
A. On or
before the 15th day of each month, the licensee shall report, in writing
to the City, on forms provided by the City for such purpose, an accounting
of all bingo games, receipts, and expenditures for the immediately
preceding calendar month.
B. The
licensee shall submit a list, along with the above monthly report,
of all vendors that sold the licensee any bingo related items during
the immediately preceding calendar month, which will include copies
of all invoices relating to these vendors.
C. Purchase
of bingo supplies and equipment. Licensees who are authorized to conduct
bingo games or other authorized games shall purchase the needed supplies
and equipment in excess of $500.00 per order per vendor through a
competitive bid system. A competitive bid will be considered valid
for a period not to exceed two years. The licensee shall forward copies
of the bids to the Police Chief and indicate which vendor was awarded
the bid.
(2141 § 1, 1990; 2802 § 1, 2011)
The licensee shall submit a yearly audit report paid for by
the licensee, to be conducted by an independent firm and submitted
to the City no later than April 15th of each year.
(2141 § 1, 1990; 2802 § 1, 2011)
A bingo game shall be operated and staffed only by members of
the licensee organization. Such members shall not receive a profit,
wage, salary, or receive any consideration for the time donated from
any bingo game. Only the licensee shall operate such game, or participate
in the promotion, supervision, or any other phase of such game.
A. Volunteers
on premises minimum. During the operation of any bingo game or other
authorized game, there must be a minimum of six bingo badge bearers
on the premises per room as indicated, responsible for the following
conditions or positions, regardless of title:
3. One
floor manager for each occupied room.
4. Two
cashier assistants or helpers per occupied room.
5. One
volunteer responsible for pull-tab sales, if conducted, for each occupied
room in which this activity occurs.
B. Roster
of volunteers at bingo game. The licensee shall maintain a weekly
roster of their members who volunteered their time for each weekly
bingo game in the direct operation of the bingo game or other authorized
game. The licensee shall maintain these rosters for an 18-month period,
and make them available for inspection upon request to a police officer
of the City.
(2141 § 1, 1990; 2802 § 1, 2011)
All bingo games shall be open to the public, not just to the
members of the licensee organization.
(2141 § 1, 1990; 2802 § 1, 2011)
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 Chief
and Building Official or their designees, in accordance with applicable
laws and regulations. The licensee shall not reserve seats or space
for any person.
(2141 § 1, 1990; 2802 § 1, 2011)
A. A licensee
shall conduct a bingo game only on property owned or leased by it
and used by such organization for an office or for performance of
the purposes for which the organization is organized. The license
issued under this chapter 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 an office and as a place for performance of the purposes
for which the licensee is organized, the license shall have no further
force or effect. A new license may be obtained by an eligible organization,
upon application under this chapter, when it again owns or leases
property used by it for an office or for performance of the purpose
for which the organization is organized.
B. The licensee who is conducting a bingo game at a school site as defined in Section
8.50.120 must be an organization directly associated with that specific school.
C. The
licensee who is conducting bingo games for the benefit of extracurricular
school activities on school grounds shall not conduct bingo games
at an off-campus location.
(2141 § 1, 1990; 2802 § 1, 2011)
A. No person
under the age of 18 years of age shall be allowed to participate in
any bingo game.
B. For
purposes of this section, participation means directing play operation
or participation in any bingo game, whether or not in conjunction
with any other party or adult.
(2141 § 1, 1990; 2802 § 1, 2011)
No person who is obviously intoxicated shall be allowed to participate
in a bingo game.
(2141 § 1, 1990; 2802 § 1, 2011)
The licensee shall not allow any person to have an interest
in, or participate in the operation of, any bingo game or other authorized
game who is involved in the sale, manufacturing, or distribution of
any bingo supplies or equipment or other gaming supplies or equipment.
(2141 § 1, 1990; 2802 § 1, 2011)
Bingo games and bingo game operations authorized pursuant to
this chapter shall only be conducted on one calendar day of a seven
calendar day week, with a maximum of five consecutive hours in any
24-hour period. No bingo game or bingo game operation shall be conducted
more than one day per week at any single location nor shall any bingo
game or bingo game operation be conducted between the hours of 2:00
a.m. and 6:00 a.m. of any day of the week.
(2141 § 1, 1990; 2802 § 1, 2011)
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.
(2141 § 1, 1990; 2802 § 1, 2011)
Notwithstanding Section
1.04.010 of the Code, it is a misdemeanor under Section 326.5(b) of the
Penal Code of the State for any person to receive or pay a profit, wage, or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed $10,000.00, which fine shall be deposited in the general fund of the City.
(2141 § 1, 1990; 2802 § 1, 2011)
The City may bring an action in a court of competent jurisdiction
to enjoin a violation of Section 326.5 of the
Penal Code or of this
chapter.
(2141 § 1, 1990; 2802 § 1, 2011)
A. Remote
caller bingo games may be lawfully played in the City only pursuant
to and in full conformance with the provisions of California Penal
Code Sections 326.3 and 326.4, as such sections may be periodically
amended.
B. Pursuant
to
Penal Code Section 326.3(u)(1), "remote caller bingo game" 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 instate 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, or as described in subdivision (o) of
Penal Code Section 326.3 of the
Penal Code. The audio or video technology
used to link the facilities may include cable, internet, satellite,
broadband, or telephone technology, or any other means of electronic
transmission that ensures the secure, accurate, and simultaneous transmission
of the announcement of numbers or symbols in the game from the location
at which the game is called by a natural person to the remote location
or locations at which players may participate in the game. The drawing
of each ball bearing a number or symbol by the natural person calling
the game shall be visible to all players as the ball is drawn, including
through a simultaneous live video feed at remote locations at which
players may participate in the game.
C. Remote caller bingo games may be conducted by any organization eligible to receive a traditional bingo license pursuant to Section
8.50.010 if: (1) the organization possesses a valid bingo license issued pursuant to this chapter; and (2) the organization has been incorporated or in existence for three years or more.
D. Notwithstanding Section
8.50.230 and except as expressly authorized by
Penal Code Section 326.3, no more than 750 players may participate in a remote caller bingo game in a single location.
E. Any
remote caller bingo license issued pursuant to this chapter shall
be subject to the requirements and conditions contained in Sections
326.3 and 326.4 of the
Penal Code, and each licensee shall comply
with the requirements and conditions of those provisions.
F. Each
remote caller bingo license issued pursuant to this chapter shall
be subject to the following additional conditions: (1) remote caller
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; and (2) the licensed
organization shall be responsible for ensuring that the organization
and its officers and members fully comply with the requirements and
conditions of this chapter and Sections 326.3 and 326.4 of the Penal
Code. A violation of any one or more of those requirements or conditions
shall constitute cause for the revocation of the organization's license.
G. All
of the requirements and conditions of this chapter shall apply to
remote caller bingo except to the extent of any conflict with the
provisions of
Penal Code Sections 326.3 and 326.4, in which case the
provisions of
Penal Code Sections 326.3 and 326.4 shall govern.
(2801 § 1, 2011; 2802 § 1, 2011)