Whenever in this chapter the following terms are used they shall
have the meanings respectively ascribed to them in this section:
"Applicant"
includes the nonprofit charitable organization applying for
a license to conduct bingo games as well as any person operating a
bingo game.
"Authorized organization"
means an organization exempted 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(l) of the
Revenue and Taxation Code,
a mobilehome park association, or a senior citizens' organization;
and provided that the proceeds of such games are to be used by such
organizations only for charitable purposes.
"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. The game of bingo shall include
cards having numbers or symbols which are concealed and preprinted
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 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."
"Minor"
means any person under the age of 18 years, except that if
a bingo game is conducted upon premises where alcoholic beverages
are consumed, then "minor" means any person under the age of 21 years.
(Prior code § 2542; Ord. 391 § 2, 1976; Ord. 497, 1980; Ord. 533 § 1, 1981; amended during 1991 republication; Ord. 92-863 §§ 1, 2)
Notwithstanding any other provisions of this chapter, the ordinance
codified in this chapter is adopted pursuant to Section 19 of Article
IV of the California Constitution in order to make the game of bingo
lawful under the terms and conditions in the following sections of
this chapter.
(Prior code § 2541; Ord. 391 § 2, 1976)
It is unlawful for any person to conduct any bingo games in
the City unless such person is a member of an authorized organization
acting on behalf of such authorized organization and has been issued
a license as provided by this chapter. No person or authorized organization
shall have more than one license issued pursuant to this chapter in
force at any time.
(Prior code § 2543; Ord. 391 § 2, 1976; amended during
1991 republication)
The term of a bingo license is one year, renewable annually
upon application therefor from the date of the first issuance of the
license.
(Prior code § 2545; Ord. 391 § 2, 1976; Ord. 533 § 2, 1981; Ord. 745 §
1, 1988; Ord. 2023-1235, 10/18/2023)
Each license issued under this chapter shall be issued to a
specific person on behalf of a specific authorized organization to
conduct a bingo game at a specific location on specific dates and
shall in no event be transferable from one person to another nor from
one location to another.
(Prior code § 2547; Ord. 391 § 2, 1976; amended during
1991 republication)
Whenever an appeal is provided for in this chapter, such appeal
shall be filed and conducted as prescribed in this section.
A. Within
15 calendar days after the date of any denial, suspension, revocation,
or other decision of the City Manager or designee, an aggrieved party
may appeal such action by filing with the City Clerk a written appeal
briefly setting forth the reasons why such denial, suspension, revocation,
or other decision is not proper.
B. Upon
receipt of such written appeal, the City Clerk shall refer the appeal
to the City Council. The City Council shall schedule a hearing before
it within 10 days after the date of referral of the appeal by the
City Clerk. At least one week prior to the date of the hearing on
the appeal, the Clerk shall notify the appellant and City Manager
or his or her designee of the date and place of the hearing. The City
Council is authorized to issue subpoenas, to administer oaths, and
to conduct the hearing on the appeal. At such hearing, the City Manager
or designee and the appellant may present evidence relevant to the
denial, suspension, revocation, or other decision of the City Manager
or his or her designee. The City Council shall receive evidence and
shall rule on the admissibility of evidence and on questions of law.
The formal rules of evidence applicable in a court of law shall not
apply to such hearing.
C. At the
conclusion of the hearing, the City Council may uphold the denial,
suspension, revocation, or other decision of the City Manager or designee,
or the City Council may allow that which has been denied, reinstate
that which has been suspended or revoked, or modify or reverse any
other part of the City Manager or designee's decision which is the
subject of the appeal. The City Council shall, within five days, file
with the City Clerk written findings of fact and conclusions of law
and its decision. The decision of the City Council is final.
(Ord. 92-863 § 6)
A. An authorized
organization shall conduct a bingo game only on property either owned
or leased by it, or property whose use is donated to the organization,
and which property is used by such organization for an office or for
the 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 or whose use is donated to the organization be
used or leased exclusively by or donated exclusively to such organization.
C. No minors
shall be allowed to participate in any bingo games.
D. All
bingo games shall be open to the public, not just to the members of
the authorized organization.
E. No admission fee or donation shall be charged or requested as a condition to play bingo except as permitted by subsection
H of this section.
F. A bingo
game shall be operated and staffed only by members of the authorized
organization which organized it. 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. This
section does not preclude the employment of security personnel, or
in the case of the Boys and Girls Club, volunteers of the club, who
are not members of the authorized organization at such bingo game
by the organization conducting the game.
G. No individual,
corporation, partnership or other legal entity except the organization
authorized to conduct a game shall hold a financial interest in the
conduct of such bingo game.
H. 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.
J. The
total value of prizes awarded during the conduct of any bingo game
shall not exceed $250.00 in cash or kind, or both, for each separate
game which is held.
K. No bingo
game shall be conducted between the hours of 12:00 midnight and 6:00
a.m.
L. Bingo
games shall not be conducted more often than three times each calendar
week.
(Prior code § 2548(a)—(g), (i)—(m); Ord. 391 § 2, 1976; Ord. 497, 1980; Ord. 567 § 1, 1982; amended during 1991 republication; Ord. 92-863 §§ 7—11)
A. Any
peace officer of the City shall have free access to any bingo game
licensed under this chapter.
B. The
licensee shall post the license in the approved premises and have
lists of approved staff approved by the City available for inspection
at all times during any bingo game.
(Prior code § 2549; Ord. 391 § 2, 1976)
A. It is
unlawful for any person to receive a profit, wage or salary from any
bingo game authorized by this chapter.
B. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Chapter
1.12 of this code.
C. All
sanctions provided in this section shall be cumulative and not exclusive.
(Prior code § 2549.3; Ord. 391 § 2, 1976; amended during
1991 republication)