As used in this chapter "bingo" means 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. As used in this section, the game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner provided for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance."
(Ord. 1223 § 2, 1980)
A. 
Corporations, associations or trusts, organized and operated exclusively for religious or charitable purposes, exempted from the bank and corporations tax, or other state income tax, by Section 23701d of the California Revenue and Taxation Code, and a contribution or gift to which would be a charitable contribution under Section l70(c)(2) of the Internal Revenue Code of 1954, and who have operated continuously in the city for five years prior to the date of application, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the Penal Code of the state and the provisions of this chapter. For purposes of this chapter, the city council shall be the sole judge of the eligibility of an organization applying for a license pursuant to this section.
B. 
Fraternal beneficiary societies, orders, or organizations, (i) operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system; and (ii) providing for the payment of life, sick, accident, or other benefits to the members of such society, order or organization or their dependents, exempted from the bank and corporations tax, or other state income tax, by Section 23701b of the California Revenue and Taxation Code, and a contribution or gift to which would be a charitable contribution under Section 1 70(c)(2) of the Internal Revenue Code of 1954, and who have operated continuously in the city for five years prior to the date of application, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the Penal Code of the state and the provisions of this chapter. For purposes of this chapter, the city council shall be the sole judge of the eligibility of an organization applying for a license pursuant to this section.
C. 
Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare, and the net earnings of which are devoted exclusively to charitable, or educational, purposes, exempted from the payment of the bank and corporations tax, or other state income tax, by Section 23701f of the California Revenue and Taxation Code, any contribution or gift to which would be a charitable contribution under Section 1 70(c)(2) of the Internal Revenue Code of 1954, and who have operated continuously in the city for five years prior to the date of application, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the Penal Code of the state and the provisions of this chapter. For purposes of this chapter, the city council shall be the sole judge of the eligibility of an organization applying for a license pursuant to this section.
D. 
Domestic fraternal societies, orders, or associations, operating under the lodge system —the net earnings of which are devoted exclusively to religious, charitable, and fraternal purposes, which do not provide for the payment of life, sick, accident, or other benefits, exempted from the payment of the bank and corporations tax, or other state income tax, by Section 237011 of the California Revenue and Taxation Code, any contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954, and who have operated continuously in the city for five years prior to the date of application, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the Penal Code of the state and the provisions of this chapter. For purposes of this chapter, the city council shall be the sole judge of the eligibility of an organization applying for a license pursuant to this section.
E. 
Labor, agricultural or horticultural organizations other than cooperative organizations described in Revenue and Taxation Code Sections 24404 or 24405 exempted from the payment of the bank and corporations tax, or other state income tax, by Section 23701a of the California Revenue and Taxation Code, any contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954, and who have operated continuously in the city for five years prior to the date of application, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the Penal Code of the state and the provisions of this chapter. For purposes of this chapter, the city council shall be the sole judge of the eligibility of an organization applying for a license pursuant to this section.
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 exempted from the bank and corporations tax, or other state income tax, by Section 23701g of the California Revenue and Taxation Code, and a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954, and who have operated continuously in the city for five years prior to the date of application, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the Penal Code of the state and the provisions of this chapter. For purposes of this chapter, the city council shall be the sole judge of the eligibility of an organization applying for a license pursuant to this section.
G. 
Senior citizens' organizations who have operated continuously in the city for five years prior to the date of application are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the Penal Code of the state and the provisions of this chapter. For purposes of this chapter, the city council shall be the sole judge of the eligibility of an organization applying for a license pursuant to this section.
(Ord. 1223 § 4, 1980)
Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application in writing therefor in the office of the city manager in a form satisfactory to the city manager. The issuing authority shall be the city council. The license issued shall be for a term of one year from the date of issuance. Renewal of a license shall be pursuant to a new application therefor.
(Ord. 1131 § 1, 1976)
No license shall be issued to any organization unless such applicant is an eligible organization under Section 9.68.020 and its application conforms to the requirements, terms and conditions of this chapter. Additionally, each officer or responsible employee thereof and each operator of games shall submit an application in a form acceptable to the city manager. Every new officer, employee, or operator added to the applicant organization shall file application under this chapter within five days of the date of the appointment or employment of the officer or employee.
(Ord. 1131 § 1, 1976)
The application for a license shall contain the following:
A. 
The name of the applicant organization and a statement that applicant is an eligible organization under Section 9.68.020;
B. 
The name and signature of at least two officers, including the presiding officer, and the names of responsible employees of the corporation, association and the trustee of any trust. In addition, the application shall have appended to it a current roster of membership of the applicant organization;
C. 
The particular property within the city including the street number and legal description, owned or leased by the applicant, used by such applicant for an office or for the performance of the purposes for which the applicant is organized, and on which property bingo games will be conducted together with the occupancy capacity of such place;
D. 
Proposed days of week and hours of 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, this chapter and the permit, as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the city manager upon violation of any of such provisions;
F. 
Said application shall be signed by the applicant under penalty of perjury and shall provide that the organization, its officers, employees and members agree to abide by all conditions of the permit, this chapter and all other applicable laws;
G. 
The annual license fee fixed by the city council by resolution shall accompany the application;
H. 
The applicant shall also submit, where applicable, with its application, a Certificate or Determination of Exemption under Section 23701d of the California Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the California Franchise Tax Board showing exemption under said Section 23701d.
(Ord. 1131 § 1, 1976)
Upon receipt of the completed application and the fee, the city manager shall refer the same to interested departments of the city, including but not limited to the city attorney, police department, building 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. The city manager shall submit the application with copies of investigative reports to the city council together with his recommendations thereon.
(Ord. 1131 § 1, 1976)
A. 
Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city, the city council may issue a license to said applicant which contains the following information:
1. 
The name and nature of the organization to whom the license is issued;
2. 
The address where bingo games are authorized to be conducted;
3. 
The occupancy capacity of the room in which bingo games are to be conducted;
4. 
The date of the expiration of such license;
5. 
Any conditions imposed by the city council;
6. 
Such other information as may be necessary or desirable for the enforcement Of the provisions of this chapter.
B. 
Nothing herein shall be construed as limiting the placing of reasonable conditions or restrictions on any licensee by the city council.
(Ord. 1131 § 1, 1976)
A. 
Whenever it appears to the chief of police services that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the chief of police services shall have the authority to summarily suspend the license and order the licensee to immediately cease any further operation of the bingo game.
B. 
Any person who continues to conduct a bingo game after any summary suspension thereof under subsection A of this section shall be deemed guilty of a misdemeanor.
C. 
The order issued under subsection A of this section shall also notify the licensee that it has five days from the date of such order to request a hearing before the city manager to determine whether such license shall be revoked. Failure to request in writing such hearing before the city manager within the five-day period shall result in a revocation of the license.
D. 
Upon such request by the licensee, whose license has been suspended under subsection A of this section, for a hearing to determine whether such license shall be revoked, the city manager shah provide such hearing within thirty days after receipt of such request at which hearing the suspended licensee may appear before the city manager 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 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 until such time as the license is reinstated.
(Ord. 1131 § 1, 1976)
A. 
Whenever it appears to the city manager 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 9.68.080, the license may be revoked; provided, however, the licensee may appear before the city manager at the time fixed by the city manager for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice 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 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 until such time as the license is reinstated.
(Ord. 1131 § 1, 1976)
A. 
Any holder of a license whose license is revoked under this chapter and whose license shall have been denied reinstatement by the city manager, shall have the right, within ten days after receiving notice in writing of the denial of reinstatement, to file 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 sixty days after its receipt by the city, or at a time thereafter agreed upon and shall cause the appellant to be given at least ten days' written notice of such hearing. At the hearing the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his appeal. The determination of the city council on the appeal shall be final and absolute.
B. 
Any organization whose license is finally revoked may not again apply 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 ground for revocation is cancellation of the exemption granted under Section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.
(Ord. 1131 § 1, 1976)
There shall be a maximum income from the playing of bingo of three thousand dollars per day to the licensee organization. A portion of such income not to exceed twenty percent of the proceeds before the deduction for prizes, or two thousand dollars 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. Not less than forty-five percent nor more than fifty-five percent of the income shall be returned to players as prizes each day. The city council may approve more than three thousand dollars per day income for specified events after written request therefor.
(Ord. 1593 § 2, 1995)
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. The licensee shall keep by separate books 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 this chapter. The city, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and the licensee shall fully cooperate with the city by making such record available. All accounts shall be audited at least once per calendar year. Said audit shall be at licensee's expense. The name of the prospective auditor shall be submitted to the city manager in advance and the city may approve or disapprove said auditor. All audits shall be submitted to the city manager prior to, or concurrent with, any application for renewal of license and at such other times as may be requested by the city manager.
(Ord. 1131 § 1, 1976)
A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game or participate in the promotion, supervision, or any other phase of such game. No licensee may conduct a bingo game jointly or in cooperation with any other licensee of the city.
(Ord. 1131 § 1, 1976)
No licensee may conduct bingo games more than once each calendar week. The city council may approve exceptions to the above restrictions after written application therefor and hearing, if deemed necessary, by the city council. The city council may authorize bingo games on certain dates which may include more than one day in any given week.
(Ord. 1131 § 1, 1976)
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 department in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person. No bingo game shall be conducted in any building or structure not having a valid and current certificate of occupancy.
(Ord. 1131 § 1, 1976)
A licensee 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 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 purpose for which the licensee is organized, the license shall be deemed automatically revoked and 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 purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by the licensee be used or leased exclusively by the licensee.
(Ord. 1223 § 6, 1980)
The licensee shall be required to post a bond or other acceptable security in an amount fixed by the city council by resolution guaranteeing performance of all conditions of the license.
(Ord. 1131 § 1, 1976)
No licensee shall conduct any bingo game more than six hours out of any twenty-four hour period. No bingo game shall be conducted before ten a.m. nor after two a.m. of any day.
(Ord. 1131 § 1, 1976)
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. 1131 § I, 1976)
It is a misdemeanor under Section 326.5(b) of the Penal Code of the state of California for any person to receive 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 ten thousand dollars, which fine shall be deposited in the general fund of the city.
(Ord. 1131 § 2, 1976)
If any section, subsection, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The people of the city declare that they would have adopted this chapter and each section, subsection, or portion thereof irrespective of the fact that any one or more sections, subsections, or portion be declared invalid or unconstitutional.
(Ord. 1131 § 2, 1976)
This chapter, or any section, subsection or portion of this chapter, may be amended from time to time by ordinance of the city council, adopted by a three-fifths' vote of the entire city council.
(Ord. 1131 § 2, 1976)