In accordance with the determination made and the authority
granted by the state of California under Section 19 of Article IV
of the Constitution and Section 326.5 of the Penal Code, the city
council finds and determines that the conduct and operation of bingo
games as defined herein by certain organizations described in the
foregoing section of the Penal Code should be allowed under conditions
more specifically described below. In addition to the determination
made in Section 326.5 of the Penal Code, the city council finds that
such activity, while susceptible to exploitation which is adverse
to the public safety, morals and general welfare, may also serve as
an important revenue source for organizations which provide a community
benefit. Accordingly, it is in the best interest of the public safety
and convenience of this city to regulate such activity and the exploitation
thereof, by providing certain standards for the conduct of such games
and to provide a licensing procedure therefor as set forth in this
chapter. All words as used herein which are also used in Section 326.5
of the Penal Code are used in the same sense and have the same meaning
as do such words in Section 326.5 of the Penal Code.
(Ord. 187377 § 3; Ord. 1975-80 § 1)
This chapter is not the exclusive regulation of bingo games
within the city. It shall supplement and be in addition to other provisions
of this code or to other regulatory codes, statutes, and ordinances
heretofore or hereafter enacted by the city, the state or any other
legal entity or agency having jurisdiction including but not limited
to the provisions of Section 326.5 of the Penal Code, as the same
now exists or may be hereafter amended.
(Ord. 1873-77 § 3)
It is unlawful for any person to conduct or operate any bingo
game without first obtaining and maintaining in effect a license.
(Ord. 1873-77 § 3; Ord. 1975-80 § 2; Ord. 3032-13 § 1)
Every organization which proposes to conduct or operate a bingo
game shall make written application to the director of finance for
a license for the conduct and operation of bingo games. The application
shall include the following:
(a)
The
name and signature of at least two officers or trustees, including
the presiding officer, of the applicant;
(b)
A
statement that the applicant is an eligible organization as described
in Section 326.5(a) of the Penal Code;
(c)
The
address of the particular property within the city to be used for
the conduct and operation of the bingo games;
(d)
Proposed
days of the week and hours of the day for conduct of bingo games;
(e)
A
statement that the applicant agrees to conduct bingo games in strict
compliance with the provisions of Section 326.5 of the Penal Code
and this chapter, as they may be amended from time to time, and a
statement that the applicant understands that the license may be revoked
upon violation of any of such provisions;
(f)
Proof
that the applicant is an organization authorized to conduct bingo
games pursuant to Section 326.5(a) of the Penal Code as it may be
amended from time to time.
(Ord. 1873-77 § 3; Ord. 1975-80 § 3; Ord. 2235-88 § 1; Ord. 3032-13 § 2)
A fee in the amount authorized by Penal Code Section 326.5 shall
accompany the license application. The application fee shall be used
to defray the costs of investigation. If an application for a license
is denied, one-half of the license fee paid shall be refunded.
(Ord. 1873-77 § 3; Ord. 3032-13 § 3)
The director of finance shall cause an investigation to be made
of the applicant to determine whether or not all the statements in
the application are true and whether or not the property on which
bingo games are to be conducted qualifies with the requirements set
forth in Section 326.5 of the Penal Code as it now exists or is hereafter
amended.
(Ord. 1873-77 § 2)
Upon being satisfied that the applicant is fully qualified,
under the law, to conduct bingo games in the city, the issuing authority
shall issue a license to said applicant, which shall contain the following
information:
(a)
The
name and nature of the organization to which the license is issued;
(b)
The
address where bingo games are authorized to be conducted;
(c)
The
hours of the day and the days of the week during which bingo games
are authorized to be conducted;
(d)
The
occupancy capacity of the room in which bingo games are to be conducted;
(e)
The
date of the expiration of such license;
(f)
Such
other information as may be necessary or desirable for the enforcement
of the provisions of this chapter.
(Ord. 1873-77 § 3; Ord. 1975-80 § 4; Ord. 3032-13 § 4)
Each license issued under this chapter shall expire at the conclusion
of the calendar year of its issuance, unless sooner revoked. An unrevoked
license may be renewed for one year upon written application to the
issuing authority and payment of a fee in the amount authorized by
Penal Code Section 326.5.
(Ord. 1873-77 § 3; Ord. 1975-80 § 5; Ord. 2235-88 § 2; Ord. 3032-13 § 5)
The issuing authority may revoke any license issued under this
chapter upon determining that the holder of the license has violated,
or caused or permitted any violation of, any provision of this chapter
or state or federal law in connection with the conduct and operation
of bingo games. Upon receipt of information that the holder of a license
issued under this chapter committed or caused or permitted any of
the violations as set forth above, the appropriate issuing authority
shall notify by mail the license holder of a hearing to be held not
less than five nor more than fifteen days of the date of the mailing
to determine whether or not the license should be revoked. The notice
shall state the date, time and place of hearing and shall contain
a statement of the grounds upon which the issuing authority proposes
to revoke the license. At the hearing, the license holder and any
other interested person shall have the right to present evidence as
to the facts upon which the issuing authority proposes to revoke the
license, and any other facts which may aid the issuing authority in
determining whether any of the above-described violations have occurred.
If after such hearing, the issuing authority finds that any or all
of the violations have occurred, the license holder shall be notified
of that fact in writing and the issuing authority shall immediately
revoke the license.
(Ord. 1873-77 § 3; Ord. 1975-80 § 6)
The conduct and operation of all bingo games shall be in compliance
with the following requirements:
(a)
Times
of Operation.
(1)
Bingo games shall not be conducted before noon or after midnight
of any day and shall not be conducted on more than two days in any
seven-day period.
(b)
Bingo
Equipment and Devices. Every license holder shall own any contrivance,
appliance, device, equipment, mechanical or electrical or otherwise,
utilized or designed to be utilized in the conduct and performance
of bingo games conducted and operated by the license holder.
(c)
Prizes—Limitation
of Value. The total value of prizes awarded during the conduct of
any the amount authorized by Penal Code Section 326.5 for each separate
game which is held.
(d)
Record
of Income and Expenses. The license holder shall keep a full and accurate
record 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 license holder
shall fully cooperate with the city by making such record available.
Each licensee shall file an annual report with the director of finance
containing the following information:
(1)
The total amount of money received from the operation of bingo games
in the previous fiscal year of the licensee, itemized for each day
on which, and each location within the city at which, a bingo game
was conducted by the licensee during that fiscal year;
(2)
The total number of prizes, the amount paid out for each prize, and
the total amount paid out in prizes in the previous fiscal year of
the licensee, itemized for each day on which, and at each location
within the city at which, a bingo game was conducted by the licensee
during that fiscal year;
(3)
Detailed costs to the licensee for the operation of the bingo games,
itemized for each day on which, and at each location within the city
at which, a bingo game was conducted by the licensee during the previous
fiscal year of licensee, except that costs such as general overhead
or rental not attributable to individual daily games or capable of
proration may be itemized on a monthly rather than daily basis;
(4)
The net profit or loss for the previous fiscal year of the licensee
and for each monthly which, and at each location within the city at
which, a bingo game was conducted by the licensee during that fiscal
year. Licensees shall use the report form prepared by the director
of finance and shall make such report under penalty of perjury.
(e)
City
owned property shall not be leased to organizations otherwise qualified
to conduct bingo games pursuant to this chapter and Section 326.5
of the Penal Code for an office or for performance of the purposes
for which the organization is organized in order to authorize such
organization to conduct bingo games as envisioned by Section 19 of
Article IV of the state Constitution and Section 326.5 of the Penal
Code on such property.
(Ord. 1873-77 § 2; Ord. 1975-80 § 7; Ord. 1988-80 § 1; Ord. 2144-85 § 3; Ord. 2205-87 §
1; Ord. 2235-88 § 3; Ord. 2594-99 § 1; Ord. 3032-13 § 6)
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 the amount specified
in Penal Code 326.6(c), which fine shall be deposited in the general
fund of the city of Sunnyvale.
(Ord. 1873-77 § 3; Ord. 3032-13 § 8)
The violation of any of the provisions of this chapter not covered by Section 9.37.110 is a misdemeanor, the penalty for which is set forth in Chapter 1.04 of this code.
(Ord. 1873-77 § 3; Ord. 2422-92 § 8)
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. Cards
having numbers or symbols that are concealed and preprinted in a manner
providing for distribution of prizes are a permissible form of bingo.
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 preprinted
cards shall bear the legend "for sale or use only in a bingo game
authorized under California law."
(Ord. 2579-98 § 1; Ord. 1873-77 § 3)
