Pursuant to the provisions of Section 326.5 of the
Penal Code,
as adopted by the Legislature of the State in the 1975 76 Regular
Session and as amended by the 1977 78 Regular Session, bingo games
will be permitted within the City under the terms and conditions specified
in this Chapter.
(Ord. 218 § 1, 1985)
An annual bingo license may be granted by the City Council to
any organization which wishes to conduct bingo games within the City
for the sole benefit of such organization, which organization is exempted
from the payment of the Bank and Corporation Tax by Sections 23701a,
23701b, 23701d, 23701e, 23701f, 23701g, 23701h, 23701l, and 23701t
of the
Revenue and Taxation Code; provided, that the proceeds of such
games are used only for charitable purposes. Such applications shall
be in writing to the City Council and shall be accompanied by the
following:
(a) Fee.
An annual bingo license fee in the amount of fifty dollars ($50.00),
one half of which license fee paid shall be refunded to the organization
if the application for license is denied;
(b) Statement
of Purpose. A Statement indicating the purpose and uses for which
the proceeds of such bingo games are to be based; and
(c) Inspection
by Public Safety Officer. A report from the Public Safety Inspector
of the City stating that inspection of the property has been made
and such property meets with the fire and building and safety regulations,
and has adequate off street parking for one (1) car for each two (2)
possible participants in the bingo games.
(Ord. 218 § 1, 1985)
Licenses for bingo games which have been issued by the City
Council may be renewed annually upon the following conditions:
(a) Payment
of the annual bingo license fee in the amount of fifty dollars ($50.00),
one half of which license fee paid is to be refunded to the organization
if an application for a license renewal is denied.
(b) Submission
by the licensee of a verified Statement on a form provided by the
City, indicating the use of the funds which were derived from the
game held in the previous year; and
(c) Submission
of a certified Statement signed by the officers of the organization
holding such license for the previous year stating that the bingo
games which have been held were operated in conformance with the provisions
of this Chapter.
(Ord. 218 § 1, 1985)
All bingo games operated under licensing by the City Council
as provided in this Chapter shall be held in strict compliance with
the following restrictions:
(a) No
minors shall be allowed to participate in any bingo game;
(b) An organization authorized to conduct bingo games pursuant to Section
9.54.020 shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization or an office or for performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization;
(c) All
bingo games shall be open to the public, not just to the members of
the authorized organization;
(d) All
bingo games shall be operated and staffed only by members of the authorized
organization which organized them. Such members shall not receive
a profit, wage or salary from any bingo game. Only the organization
authorized to conduct a bingo game shall operate such game or participate
in the promotion, supervision or any other phase of such game.
(e) No
individual, corporation, partnership or other legal entity except
the organization authorized to conduct a bingo game shall hold a financial
interest in the conduct of such bingo game.
(f) 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 a bingo game shall be held in a special fund or account
and shall not be commingled with any other funds or accounts. Such
profits shall be used only for charitable purposes. With respect to
other organizations authorized to conduct bingo games pursuant to
this Section, all proceeds derived from the bingo games shall be kept
in a special fund or account and shall not be commingled with any
other fund or account. Such proceeds shall be used only for charitable
purposes except as follows:
(1) Such proceeds may be used for prizes;
(2) A portion of such proceeds, not to exceed twenty percent (20%)of
the proceeds before the deduction for prizes or two thousand dollars
($2,000.00) 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;
(3) Such proceeds may be used to pay license fees.
(g) No
person shall be allowed to participate in a bingo game unless such
person is physically present at the time and place the bingo game
is being conducted.
(h) The
total value of prizes awarded during the conduct of any bingo game
shall not exceed two hundred fifty dollars ($250.00) in cash or in
kind, or both, for each separate game which is held.
(i) As
used in this Section, "bingo" means a game of chance in which prizes
are awarded on the basis of designated numbers or symbols on a card
which conforms to numbers or symbols selected at random. Notwithstanding
Section 330c of the
Penal Code, the game of bingo shall include cards
having numbers or symbols which are concealed and pre-printed in a
manner providing for distribution of prizes. The winning cards shall
not be known prior to the game by any person participating in the
playing or operating of the bingo game. All such pre-printed cards
shall bear the legend "for sale or use only in a bingo game authorized
under California law and pursuant to local ordinance." It is the intention
of the Council that bingo, as defined in this subsection, applies
exclusively to this Section and shall not be applied in the construction
or enforcement of any other provision of law.
(Ord. 218 § 1, 1985; Ord. 552 § 2, 2003)
(a) No
person shall receive or pay a profit, wage or salary from any bingo
game licensed under the provisions of this Chapter, and any violation
of this prohibition shall be punishable under State law by a fine
not to exceed ten thousand dollars ($10,000.00), which fine shall
be deposited in the general fund of said City.
(b) A violation of any provision of this Chapter, other than subsection
(a) of this Section, is a misdemeanor.
(c) In
addition to any other remedy available, the City may bring an action
to enjoin any violation or threatened violation of this Chapter.
(Ord. 218 § 1, 1985; Ord. 552 § 2, 2003)