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. 1181 § 1, 1992)
Only those organizations authorized by Penal Code Section 326.5,
subsection (a), shall be eligible to apply for a city permit and only
if the receipts of such games are only used for charitable purposes.
(Ord. 1181 § 1, 1992)
No permit shall be issued to any organization unless such applicant is an eligible organization under Section 4.80.020 and its application conforms to the requirements, terms and conditions of this chapter.
(Ord. 1181 § 1, 1992)
Each application shall contain the following:
(a)
(1)
The name of the applicant organization and a statement setting forth
how the organization is an eligible organization;
(2)
The name, address and telephone number of all directors and officers
of the organization or association;
(3)
The bank(s) and account number(s) that will be utilized for all funds
or proceeds generated by bingo games, or used to spend the funds or
proceeds, along with a consent authorization for each such account
to allow the city manager or chief of police or their designees access
to those records. Prior notice shall be given to the organization
before the city utilizes access to those records;
(4)
A statement signed by the organization's chief financial officer
that he/she will keep adequate records documenting all receipts and
expenditures and showing the purposes for all such expenditures;
(5)
An identification of proposed expenditures from bingo proceeds;
(6)
The name of a single individual who will ensure that all bingo games
are conducted in accordance with the law. The individual will agree
to be responsible for the conduct of the games. Names of all persons
that will be assisting in operating any bingo game shall also be provided;
(7)
A brief description of the organization and the purpose(s) that it
serves with a narrative statement of how bingo proceeds will be used
to further those purposes;
(8)
A specific description of the premises on which the bingo games are
proposed to be conducted, and an identification of whether the property
is owned, leased or donated to the organization, and a description
of the use or proposed use of the property for the organization's
purposes;
(9)
A listing of the proposed days of week and hours of day for bingo
games;
(10)
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 permit to conduct bingo games may be revoked by the city
manager upon violation of any of such provisions;
(11)
The signature of a duly authorized representative of the applicant
under penalty or perjury;
(12)
The license fee established by the city council;
(13)
A certificate or determination of exemption under the Revenue and
Taxation Code, letter of good standing from the Exemption Division
of the Franchise Tax Board, or other evidence demonstrating eligibility;
(14)
Such other information as is deemed necessary to evaluate eligibility.
(b)
Permits
may be renewed annually upon receipt of the annual permit fee along
with the above information or such other information that will assure
the issuing authority that the applicant should be granted a new permit.
(Ord. 1181 § 1, 1992)
An applicant wishing to obtain a one day bingo permit may do so by providing the information as required under Sections 4.80.040 and 4.04.070 and paying a fee as set forth by city council resolution.
(Ord. 1181 § 1, 1992)
In addition to the general reasons for denying a permit application stated in Section 4.04.090, the license collector may deny a permit to conduct bingo games if it is found that any applicant organization or any person who is to be operating or assisting in the operation of a bingo game, or who is a director, officer or managing employee of the organization:
(a)
Has
been convicted within the last five years of a crime including, but
not limited to, lotteries, gambling, larceny, perjury, bribery, extortion,
fraud or similar crimes involving moral turpitude;
(b)
Has
committed any act within the last five years which would be a violation
of Penal Code Section 326.5 or this chapter, regardless of whether
that act resulted in a conviction.
(Ord. 1181 § 1, 1992; Ord. 1221 § 2, 1994; Ord. 1225 § 2, 1995)
Any organization whose permit is deemed revoked may not again
apply for a permit 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 Section 23701 of the Revenue and Taxation Code, such organization
may again apply for a license upon proof of reinstatement of the exemption.
(Ord. 1181 § 1, 1992)
Upon being satisfied that the applicant is fully qualified under
law to conduct bingo games in the city, the city manager shall issue
a permit to said applicant, which shall contain the following information:
(a)
The
name and nature of the organization to whom the permit 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 permit;
(e)
Such
other information as may be necessary or desirable for the enforcement
of the provisions of this chapter.
(Ord. 1181 § 1, 1992)
No person shall receive or pay a wage, profit, salary or other
compensation out of bingo proceeds for personal services rendered
directly to the licensee, with the exception of security personnel.
It is the intent of this section that no person shall receive a wage
from bingo proceeds whether that wage is an employee or officer's
salary or whether it is paid to an independent contractor. It is also
the intent of this section that personal services include all services
rendered to the licensee, not just those relating to the bingo games.
Only payments for direct personal services rendered to the licensee
shall be prohibited.
(Ord. 1181 § 1, 1992)
No individual, corporation, partnership or other legal entity
except the licensee shall hold a financial interest in the conduct
of such bingo game.
(Ord. 1181 § 1, 1992)
A bingo game shall be operated and staffed only by members of
the licensee organization. Such members shall not receive a profit,
wage, or salary from such bingo game. Only the licensee shall operate
such game, or participate in the promotion, supervision or any other
phase of such game.
(Ord. 1181 § 1, 1992)
(a)
All
bingo income shall be documented to correspond to serialized tickets
or such other memorialization approved by the chief of police to ensure
that all income is reported. All expenditures shall be made by check
with the specific purpose of the expenditure and the payee's name
recorded. Cash expenditures may only be made if a corresponding invoice
is retained or if a properly executed declaration under penalty of
perjury is provided documenting with specificity how such cash was
spent. All income and expenses shall designate the date of the transaction
and the documentation shall be recorded at or near the time of the
transaction. A monthly tally sheet shall be submitted showing dates,
and cumulative income, prizes, expenses, attendance, cards sold and
other related cumulative information for each date's games on a form
provided by the city.
(b)
The
income and expenses reporting provisions of the ordinance codified
in this section shall not apply to any organization that has bingo
receipts of less than one hundred dollars per week. The organization
shall provide proof that it comes within this exception.
(Ord. 1181 § 1, 1992)
The license collector may require independent audits by a certified
public accountant or other appropriate person whenever the license
collector determines that such an accounting is necessary to understand
a bingo permittee's financial records. The cost of such an audit shall
be paid for by the permittee as a condition of continued operation.
(Ord. 1221 § 3, 1994; Ord. 1225 § 3, 1995)
(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.
(b)
With
respect to other organizations authorized to conduct bingo games,
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 twenty percent of the proceeds
after the deduction for prizes, or one thousand dollars 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 also be used to pay permit fees.
(Ord. 1181 § 1, 1992)
It is a misdemeanor under Section 326.5(b) of the Penal Code
of the state of California for any person to receive or pay a profit,
wage, or salary from any bingo game authorized under this chapter,
a violation of which is punishable by a fine not to exceed ten thousand
dollars, which fine shall be deposited in the general fund of the
city.
(Ord. 1181 § 1, 1992)
All bingo games shall be open to the public, not just to the
members of the permittee organization.
(Ord. 1181 § 1, 1992)
Bingo games shall only be conducted on one calendar day in the
week. No permittee shall conduct bingo games for more than six hours
of any twenty-four-hour period. No bingo game shall be conducted before
ten a.m. or after eleven p.m. of any day. Notwithstanding the foregoing,
the city manager may allow bingo to be played on more than one night
of the week; provided, that not more than six hours of bingo is played
during any one-week period. The city manager may also waive the limitations
of this section for special occasions if it is determined that the
public peace, safety, and welfare of the city so warrant.
(Ord. 1181 § 1, 1992)
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 and safety department of the city in accordance with
applicable laws and regulations. Permittee shall not reserve seats
or space for any person.
(Ord. 1181 § 1, 1992)
A permittee 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. The permit 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 and as a place for performance
of the purposes for which the permittee is organized, the permit shall
have no further force or effect. A new permit 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. Nothing in
this section shall be construed to require that the property owned
or leased by the organization be used or leased exclusively by such
organization.
(Ord. 1181 § 1, 1992)
No person under the age of eighteen years of age shall be allowed
to participate in any bingo game. Adequate measures shall be taken
to ensure that violations do not occur.
(Ord. 1181 § 1, 1992)
No person who is obviously intoxicated shall be allowed to participate
in a bingo game.
(Ord. 1181 § 1, 1992)
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.
(Ord. 1181 § 1, 1992)
The total value of prizes awarded during the conduct of any
bingo games shall not exceed the maximum amount set by state law for
each separate game.
(Ord. 1181 § 1, 1992; Ord. 1437 § 1, 2009)
The city may bring an action in a court of competent jurisdiction
to enjoin a violation of Section 326.5 of the Penal Code or of this
chapter.
(Ord. 1181 § 1, 1992)
