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)