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.
(Ord. 77-8 §12, 1977)
The city is authorized pursuant to Section 19, Article IV of the California Constitution and Section 326.5 of the Penal Code to provide for, and does provide for bingo games, but only for charitable purposes in accordance with the provisions of this chapter.
(Ord. 77-8 §1, 1977)
No person, firm, corporation, organization or association shall engage in, carry on, maintain, conduct or cause to be engaged in, carried on, maintained or conducted a bingo game in the city without first having secured a license from the police chief in accordance with the requirements of this chapter, nor without complying with the regulations contained in this chapter pertaining to the operation of bingo games.
(Ord. 77-8 §2, 1977)
Organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701l of the Revenue and Taxation Code and mobile home park associations and senior citizens organizations, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter; provided, that the proceeds of such games are used only for charitable purposes.
(Ord. 77-8 §3, 1977)
Applications for a license to conduct bingo games pursuant to this chapter shall be executed under penalty of perjury and submitted to the police chief on forms to be obtained from the city manager upon payment, to the city, of the license fee prescribed in Section 5.24.070(F). The license issued shall be for a term of one year from the date of issuance, subject to removal and annual fee.
(Ord. 77-8 §4, 1977)
The application for a license shall contain the following:
A. 
The name of the applicant organization and a statement that the applicant is an eligible organization under Section 5.24.040;
B. 
The name and signature of at least two officers, including the presiding officer, of the organization;
C. 
A list of the names of members of the applicant organization who will, from time to time, operate and staff bingo games;
D. 
The particular property within the city, including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place;
E. 
Proposed days of week and hours of day for conduct of bingo games;
F. 
The annual license fee fixed by the city council by resolution shall accompany the application. The fee, whether for the initial license or renewal, shall not exceed fifty dollars, and if an application for a license is denied, one-half of any license fee paid shall be refunded to the organization;
G. 
The applicant shall also submit, with its application, a letter or other evidence from the State Franchise Tax Board, Secretary of State or other agency having knowledge of such facts, showing that the applicant meets at least one of the conditions of eligibility stated in Section 5.24.040;
H. 
A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the police chief upon violation of any of such provisions;
I. 
Said application shall be signed by the applicant under penalty of perjury.
(Ord. 77-8 §6, 1977)
Upon receipt of the completed application, the police chief shall make an investigation to determine if all of the statements in the application are true and shall refer the application to other interested agencies, including but not limited to the building inspector, the county health officer and the fire marshal, to determine if the appropriate zoning ordinances and regulations, building code ordinances, health ordinances and regulations, and the provisions of the Uniform Fire Code have been or will be complied with.
(Ord. 77-8 §7, 1977)
Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the city, the police chief shall issue a license to said applicant, which shall contain the following information:
A. 
The name and nature of the organization to whom the license is issued;
B. 
The address where bingo games are authorized to be conducted;
C. 
The occupancy capacity of the room in which bingo games are to be conducted;
D. 
The date of the expiration of such license;
E. 
Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.
(Ord. 77-8 §8, 1977)
An organization licensed pursuant to this chapter shall not conduct or permit to be conducted a bingo game unless said license is posted in a conspicuous place during the conduct of any bingo game. The licensee shall produce and exhibit the same when applying for renewal thereof, and whenever requested to do so by any peace officer or officer authorized to issue, inspect or collect licenses.
(Ord. 77-8 §9, 1977)
A. 
Whenever it appears to the police chief that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the police chief shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.
B. 
Any person who continues to conduct a bingo game after any summary suspension thereof under subsection A above is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
C. 
The order issued under subsection A above shall also notify the licensee that it shall have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the police chief within said five-day period, shall result in a revocation of the license.
D. 
Upon such request by the licensee whose license has been suspended under subsection A above for a hearing to determine whether such license shall be revoked, the police chief shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the police chief for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing, if written request for a hearing has been made, by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.
E. 
Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the police chief.
(Ord. 77-8 §10, 1977)
A. 
Whenever it appears to the police chief that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered, under Section 5.24.110, the license may be revoked; provided, however, the licensee may appear before the police chief at the time fixed by the police chief, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the revocation.
B. 
Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the police chief.
(Ord. 77-8 §10.1, 1977)
A. 
Any holder of a license whose license is revoked under this chapter shall have the right, within ten days after receiving notice in writing of the revocation, to file a written appeal to the city council. Such appeal shall set forth the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within thirty days after its receipt by the city, or at a time thereafter agreed upon and shall cause the appellant to be given at least ten days' written notice of such hearing. At the hearing the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of its appeal. The determination of the city council on the appeal shall be final.
B. 
Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under one of the provisions of the Revenue and Taxation Code mentioned in Section 5.24.040, such organization may again apply for a license upon proof of reinstatement of said exemption.
(Ord. 77-8 §11, 1977)
The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held.
(Ord. 77-8 §13, 1977)
A. 
With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. 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 a bingo game 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 ten percent of the proceeds after the deduction for prizes, or five hundred dollars per month, whichever is less, may be used for rental of property, overhead and administrative expenses.
B. 
The licensee shall keep 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 records at any reasonable time, and the licensee shall fully cooperate with the city by making such records available.
(Ord. 77-8 §14, 1977)
A bingo game shall be operated and staffed only by numbers of the licensee organization whose names shall have been previously given to the police chief in accordance with Section 5.24.070(C). Such members shall at all times during the conduct and operation of any bingo game be conspicuously identified by a name tag or other appropriate means, as members authorized to operate and staff such game. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game.
(Ord. 77-8 §16, 1977)
A licensee 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, although it is not necessary that the property be used or leased exclusively by the licensee. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office or as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.
(Ord. 77-8 §19, 1977)
All bingo games shall be open to the public, not just to the members of the authorized organization.
(Ord. 77-8 §17, 1977)
Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the fire department and building inspector of the city in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.
(Ord. 77-8 §18, 1977)
No licensee shall issue chips or money to a patron on credit or loan (including but not limited to IOU's and checks to be held) or allow any patron to play on credit.
(Ord. 77-8 §21, 1977)
No licensee shall conduct any bingo game more than six hours out of any twenty-four hour period. No bingo game shall be conducted before nine a.m., nor after two a.m. of any day.
(Ord. 77-8 §24, 1977)