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:
1. 
Game Manager
2. 
Personnel Manager
3. 
Floor Manager
4. 
Head Cashier
5. 
Assistant Cashier
6. 
Caller
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, the 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)
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:
1. 
One head cashier.
2. 
One caller.
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)
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)
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)