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)
A. 
Application for license shall be made to the City Manager or designee on forms prescribed by the City Manager or designee, and shall be filed not less than 30 days prior to the proposed date of the bingo game or games.
B. 
Such application forms shall require that the applicants state at least the following:
1. 
The name, address, telephone number, and principals of the authorized organization;
2. 
The dates, if known, and location of the proposed bingo game or games;
3. 
Proof that the organization is an authorized organization as defined by Section 4.12.010.
(Ord. 92-863 § 3)
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)
A. 
Upon receipt of an application for a license, the City Manager or designee may send copies of such applications to any federal, state, or local government office or department which the City Manager or designee deems useful in order to carry out a proper investigation of the applicant within 30 days.
B. 
The City Manager or designee, and every department to which an application is referred shall investigate the truth of the matter set forth in the application, the character of the applicant, and may examine the premises to be used for the bingo game.
C. 
Upon approval of an application for a bingo license, the City Manager or designee shall issue the license.
(Ord. 92-863 § 4)
A. 
The City Manager or designee may deny an application for a bingo license, or suspend or revoke a license if he or she finds the applicant or licensee or any agent or representative thereof has:
1. 
Knowingly made any false, misleading, or fraudulent statement of a material fact in the application or in any record or report required to be filed under this chapter; or
2. 
Violated any of the provisions of this chapter.
B. 
If after investigation the City Manager or designee determines that a bingo license should be suspended or revoked or an application for such license denied, he or she shall prepare a notice of suspension, revocation, or denial of application, setting forth the reasons for such suspension, revocation, or denial of application.
Such notice shall be sent by certified mail to the applicant's last address provided in the application or be personally delivered. Any person who has had an application for a bingo license denied by the City Manager or designee or who has had a bingo license suspended or revoked by the City Manager or designee may appeal the City Manager or designee's decision in the manner provided in Section 4.12.090.
(Ord. 92-863 § 5)
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.
B. 
Reserved.
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.
I. 
Reserved.
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. 
All money derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other funds or account.
B. 
The licensee shall maintain up-to-date and accurate records regarding collections and disbursements, which shall be available for inspection by the City at all times during any bingo game.
(Ord. 92-863 § 12)
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)