(a) 
"Bingo" is 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, and as defined by Penal Code section 326.5.
(b) 
"Nonprofit charitable organization" is an organization exempted from the payment of the bank and corporation tax by Sections 23701-a, 23701-b, 23701-d, 23701-e, 23701-f, 23701-g or 23701-l of the California Revenue and Taxation Code, or a mobile home park association, or a senior citizen organization.
(c) 
"Costa Mesa-based organization" is an organization whose principal place of business has been located within the city limits of Costa Mesa for a minimum of three years.
(Ord. No. 89-31, § 2(1), 12-4-89; Ord. No. 97-31, § 1, 11-4-97)
It is unlawful, and a misdemeanor for any person or organization to organize, conduct or operate a bingo game without having first procured and maintained a license therefor issued by the City of Costa Mesa pursuant to the provisions of this Code.
(Ord. No. 89-31, § 2(1), 12-4-89)
Costa Mesa-based, nonprofit, charitable organizations are eligible to apply to the City of Costa Mesa for a permit to conduct bingo games in the city, in a manner permitted by the provisions of section 326.5 of the State Penal Code, and by the following regulations.
(Ord. No. 89-31, § 2(1), 12-4-89)
Eligible organizations desiring to obtain a permit to conduct bingo games in the city shall file an application in writing therefor with the city; forms shall be provided by the finance department. Applicants shall also submit a certificate from the franchise tax board that will show that the organization is currently exempt from payment of the bank and corporation tax by Sections 23701-a, 23701-b, 23701-d, 23701-e, 23701-f, 23701-g or 23701-l of the California Revenue and Taxation Code, or a mobile home park association, or a senior citizen organization, and that the organization's principal place of business has been located within the city limits of Costa Mesa for a minimum of three years.
(Ord. No. 89-31, § 2(1), 12-4-89; Ord. No. 97-31, § 2, 11-4-97)
(a) 
Each application for a bingo license shall be accompanied by a license fee as established by resolution of the city council. The city council may establish by resolution a monthly or annual bingo license fee which fee shall be consistent with Penal Code section 326.5.
(b) 
At the request of the city's director of finance, the licensee shall report in writing, in a form prescribed by the director, an accounting of all bingo receipts and expenditures for any bingo games conducted by the licensee in the City of Costa Mesa. The statement shall be signed and certified to be correct by the president or treasurer of the licensee.
(Ord. No. 89-31, § 2(1), 12-4-89; Ord. No. 97-31, § 3, 11-4-97)
No permit shall be issued to any organization unless such applicant is a Costa Mesa-based, nonprofit, charitable organization as defined by section 9-302(c). Applicants shall conform to the requirements, terms and conditions of these regulations.
(Ord. No. 89-31, § 2(1), 12-4-89)
(a) 
An application for a permit shall contain the following:
(1) 
The name of the applicant organization and a statement that applicant is a Costa Mesa-based, nonprofit, charitable organization as defined by section 9-302(d), and proof that the organization's principal place of business has been located within the city limits of Costa Mesa for a minimum of three years.
(2) 
The names and signatures of the presiding officer and treasurer of the organization, and the names and dates of birth of all officers. Any change in the identity of either officer after a permit has been issued must be reported promptly to the city's director of finance.
(3) 
The particular property within the City of Costa Mesa, including the street number, owned or leased by the 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.
(4) 
That the applicant agrees to conduct bingo games in strict accordance with the provisions of section 326.5 of the California Penal Code and these regulations, as they may be amended from time to time, and agrees that the permit to conduct bingo games for charity may be suspended by the chief of police upon violation of any such provisions.
(5) 
The application shall be signed by the applicant under penalty or perjury under the laws of the State of California.
(6) 
Proposed day of week and hours of play.
(b) 
No person shall make any fraudulent statement on the application with respect to the information required herein.
(c) 
The permit issued shall be for a term of one year from the date of issuance, subject to renewal and payment of the annual fee.
(Ord. No. 89-31, § 2(1), 12-4-89)
Upon receipt of the completed application and the fee, the city finance director shall refer such applications to the building inspection division, the fire department and the police department, to determine whether or not the property designated by the applicant qualifies and the extent to which it qualifies, as property on which bingo games may be lawfully conducted, as to zoning, occupancy, fire, and other applicable restrictions.
(Ord. No. 89-31, § 2(1), 12-4-89)
The city finance director shall deny an application for a bingo license if the director finds any or all of the following:
(1) 
The applicant has made a material misrepresentation in the application; or
(2) 
The applicant fails to qualify as an eligible organization; or
(3) 
The property fails to qualify as property on which the applicant may lawfully conduct bingo games, as to fire, zoning, occupancy, parking, and other applicable restrictions; or
(4) 
Any officer of the organization or the bingo manager has, within five years prior to the application filing date, been convicted in a court of competent jurisdiction of a felony or any crime involving theft, embezzlement, dishonesty or fraud, a drug-related offense or violation of Penal Code section 326.5.
(5) 
There are currently issued and outstanding the maximum number of bingo licenses authorized by city council resolution.
(Ord. No. 89-31, § 2(1), 12-4-89; Ord. No. 97-31, § 4, 11-4-97)
Upon being satisfied that the applicant and the property are fully qualified under the law for the conduct of bingo games for charity in the city, and that issuance of the license would not cause the maximum authorized number to be exceeded, the city finance director shall issue a permit to said applicant, which shall contain the following information:
(1) 
The name of the organization to whom the permit is issued.
(2) 
The address where bingo games are authorized to be conducted.
(3) 
The occupancy capacity of the place in which bingo games are to be conducted.
(4) 
Such other information as may be necessary or desirable for the enforcement of these regulations.
(Ord. No. 89-31, § 2(1), 12-4-89)
Any peace officer of the city shall have free access to any bingo game for charity authorized under these regulations. The permittee shall have the bingo permit available for inspection at all times during any bingo session. It is unlawful for any person to interfere with by blocking doorways or otherwise to impede the efforts of a peace officer to make such inspections.
(Ord. No. 89-31, § 2(1), 12-4-89)
(a) 
The permittee shall keep full and accurate financial records of the income received and expenses 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 city finance director, shall have the right to examine and audit such records, including records of any bank accounts, at any reasonable time, and the permittee shall fully cooperate with the city by making such records available.
(b) 
All records relating to the operation of bingo games shall be kept on file and accessible to the city finance director for a period of three years. The records shall include the following:
(1) 
Number of participants present at each session of bingo.
(2) 
For each bingo session, number of bingo cards sold in each price category, including any special cards.
(3) 
Total number of prizes awarded in each individual game and the amount of each prize.
(4) 
Total amount of receipts from admission fees and sale of cards, for each bingo session.
(5) 
Total amount of prizes awarded at each session.
(Ord. No. 89-31, § 2(1), 12-4-89)
The operation of bingo games shall not begin prior to 11:00 a.m., or end after 11:00 p.m.
(Ord. No. 89-31, § 2(1), 12-4-89; Ord. No. 90-7, § 1, 6-4-90)
Each licensee organization shall be limited to operating bingo only once a week. Additionally, only one bingo session per week will be allowed at any one site.
(Ord. No. 89-31, § 2(1), 12-4-89)
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 director of development services in accordance with applicable laws and regulations, including, but not limited to, occupancy capacity as limited by required parking for the particular property. Notwithstanding the occupancy capacity at any location, a licensee shall not permit more than 500 persons to participate in any bingo game.
(Ord. No. 89-31, § 2(1), 12-4-89)
(a) 
No person shall be allowed to participate in a bingo game unless such person is physically present at the time and place during which the bingo game is being played.
(b) 
There shall be one corresponding ball or object in the receptacle for each number and letter on all bingo cards utilized in the game.
(c) 
The equipment used in the playing of bingo and the method of play shall be such that each card has an equal opportunity to be a winner. The objects or balls to be drawn shall be essentially the same as to size, shape, weight, balance, and all other characteristics that may influence their selection. All objects or balls shall be present in the receptacle from which they will be drawn before each game is begun. A method of displaying the numbers called shall be utilized and shall be plainly visible to all players.
(d) 
The bingo caller and the receptacle from which the objects or balls are drawn shall be in the same room as the players. No more than one room shall be used for any bingo game. All numbers announced shall be plainly and clearly audible.
(Ord. No. 89-31, § 2(1), 12-4-89)
Each bingo licensee shall designate a person or persons who shall manage, supervise and be responsible for the conduct of all bingo games by said applicant. The person or persons shall be known as the bingo manager, shall sign a statement accepting such responsibility, and one such bingo manager shall be present on the premises at all times during which bingo games are conducted.
(Ord. No. 89-31, § 2(1), 12-4-89)
(a) 
Each bingo manager, as defined in section 9-319 of this Code, shall wear on his or her outside clothing, in plain view, an identification badge measuring not less than two and one-half (2½) inches by three and one-half (3½) inches in size, specifying the full name and title of such person and the name of the licensee organization, stating that such person is a member of the licensee organization.
(b) 
Any person participating in the operation, conduct or staffing of any bingo operation or game where the monthly gross receipts exceed $5,000 shall wear on his or her outside clothing, in plain view, an identification badge measuring not less than two and one-half (2½) inches by three and one-half (3½) inches in size, specifying the full name and title of such person and the name of the licensee organization, and containing a photograph of such person.
(Ord. No. 89-31, § 2(1), 12-4-89)
(a) 
Whenever it appears to the chief of police that the licensee is conducting a bingo game in violation of any of the applicable provisions in this Code or California Penal Code section 326.5, the chief of police shall have the authority to hold a hearing and thereafter to suspend the license and order the licensee immediately to cease and desist from any further operation of any bingo game.
(b) 
It is unlawful and a misdemeanor for any person to continue to conduct a bingo game after any license suspension under subsection (a).
(c) 
Upon issuing a suspension, the chief of police shall request a hearing before the city manager to determine whether such license shall be revoked.
(d) 
Upon such request by the chief of police for a hearing to determine whether such license shall be revoked, the city manager shall provide such hearing within 10 days after receipt of such request. At the hearing, the suspended licensee may appear before the city manager, or his delegate, 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 shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation.
(e) 
Any organization whose license is suspended under this section shall not conduct any bingo game in the city until the city manager has ruled upon the revocation and the license has been reinstated.
(Ord. No. 89-31, § 2(1), 12-4-89)
(a) 
Any holder of a license aggrieved by the decision of the city manager to revoke said license may appeal to the city council as provided in Title 2, Chapter IX of the Costa Mesa Municipal Code.
(b) 
Any organization whose license is revoked may not again apply for a license to conduct bingo games in the City of Costa Mesa for a period of one year from the date of said revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under the section of the Revenue and Taxation Code applicable to the eligible organization, such organization may again apply for a license upon proof of reinstatement of the exemption.
(Ord. No. 89-31, § 2(1), 12-4-89)