The finance director may authorize nonprofit, charitable organizations to conduct bingo games for a year upon the payment of an annual license fee of $25.00, or for a day, upon the payment of a daily license fee of five dollars, subject to the conditions set forth in this chapter. Such license may be suspended or revoked by the finance director upon the violation of any provision of this chapter.
(Ord. 1963 § 1, 1986)
A. 
In order to become a nonprofit, charitable organization authorized to obtain a license under this chapter, an organization must be exempt from the payment of the bank and corporation tax by Sections 23701.a, 23701.b, 23701.d, 23701.e, 23701.f, 23701.g, and 23701.1 of the Revenue and Taxation Code; provided further, that mobilehome park associations and senior citizens’ organizations may also be authorized to obtain a license under this chapter if the proceeds of bingo games are used only for charitable purposes.
B. 
The following conditions are imposed under Section 326.5 of the Penal Code, and shall apply to any license issued under this chapter:
1. 
No minors shall be allowed to participate in any bingo game.
2. 
The licensed organization 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. No bingo games shall be conducted in or upon property that is residentially zoned, unless within church or school buildings maintained pursuant to a valid use permit. A bingo game shall be located and so arranged that the tables and players are plainly visible from the main entrance door opening to the game, which shall be unlocked during any bingo game. No wall, partition, screen or similar structure between such door opening and any table shall be permitted if it interferes with such visibility. Bingo games may only be conducted between the hours of 7:00 a.m. and 11:00 p.m., and only two days each week, and shall be open to police inspection of the premises and equipment at all times. An area shall be set aside in which smoking shall be prohibited.
3. 
All bingo games shall be open to the public, not just to members of the organization.
4. 
All bingo games shall be operated and staffed only by members of the licensed organization. Such members shall not receive a profit, wage or salary from any bingo game. Only the licensed organization shall operate such game, or participate in the promotion, supervision, or any other phase of such game.
5. 
No individual, corporation, partnership or other legal entity except the licensed organization shall hold a financial interest in the conduct of any bingo game.
6. 
With respect to organizations exempt from payment of the bank and corporation tax by Section 23701.d of the Revenue and Taxation Code, all profits derived from any bingo game shall be kept in a special fund or account and shall not commingle with any other fund or account. Such profits shall be used only for charitable purposes.
With respect to all other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account, not commingled with any other funds, and shall be used only for charitable purposes, except as follows:
a. 
Such proceeds may be used for prizes;
b. 
A portion of such proceeds, not to exceed 20 percent 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, and administrative expenses.
Between January 1st and January 15th of each year, each licensed organization shall submit to the finance director a statement of income and expenses for the preceding period of January 1st through December 31st.
7. 
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.
8. 
The total value of prizes awarded during any bingo game shall not exceed $250.00, in cash or kind or both, for each separate game which is held. Only one bingo game shall be conducted at a time.
9. 
As used in this chapter, the term “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 the numbers or symbols selected at random.
C. 
The foregoing conditions shall be printed upon each license. Such license shall be displayed in the room where bingo games are conducted.
(Ord. 1963 § 1, 1986)
Notwithstanding any other provision of this chapter to the contrary, the game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes; provided, however, that pull-tab bingo shall be permitted only under the following conditions:
A. 
The name and address of the manufacturer of pull-tab games to be played by the licensed organization shall be submitted to the chief of police for approval.
B. 
A sample of each type of preprinted pull-tab card shall be submitted to the chief of police for approval.
C. 
All authorized pull tabs shall bear the legend “For sale or use only in a Bingo Game authorized under California law and pursuant to local ordinance.”
D. 
The licensed organization shall maintain records of the purchase and sale of pull tabs in a manner prescribed by the police department.
E. 
All pull-tab cards, used or unused, shall be subject to inspection.
F. 
Each prize shall be paid in the same manner as bingo prizes.
G. 
No pull tabs shall be sold or played outside of the “Bingo playing areas.”
H. 
Pull tabs may be sold only during each authorized bingo game of play.
I. 
No pull tabs shall be sold from any type of mechanical or electronic device.
J. 
The winning or losing cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game.
(Ord. 1963 § 1, 1986)
Notwithstanding the limitation contained in subsection (B)(2) of Section 10.62.020, a special license may be issued to an organization, which otherwise qualifies under the provisions of this chapter, to conduct games up to a total of four days each week, upon the following conditions:
A. 
The cards for the bingo games shall not be sold for consideration that exceeds one cent per card;
B. 
The aggregate prizes awarded shall not exceed the total of all of the consideration received at the beginning of each game; and
C. 
All of the consideration received shall be returned as a prize or prizes at the end of each game.
(Ord. 1963 § 1, 1986)
A. 
It is unlawful and a public nuisance to violate any of the provisions of this chapter. The city attorney may bring an action to enjoin any violation of this chapter. Such action may be in addition to a prosecution brought pursuant to Section 326.5(b) of the Penal Code. A violation of any provision of this chapter or condition of license is a misdemeanor.
B. 
Prior to suspending or revoking a license for violation of any provision of this chapter, the finance director shall conduct a hearing if the licensed organization so requests. If the finance director suspends or revokes a license after a hearing, the organization may, by written notice to the city clerk within 10 calendar days of the date of mailing the finance director’s revocation order, appeal the suspension or revocation to the city council. An organization whose license has been revoked shall not be qualified or permitted to apply for a new license until three years after the date of the revocation.
(Ord. 1963 § 1, 1986)