The purpose of this chapter is to provide for the issuance of
permits under which certain bingo games may be allowed which would
otherwise be unlawful under state law. This chapter is enacted pursuant
to the authority of Section 19 of Article IV of the State Constitution
and Section 326.5 of the Penal Code. The provisions in this chapter
shall be construed strictly in accordance with said authority, and
in the event of any apparent conflict or inconsistency, the provisions
in this chapter shall be given only such interpretation as will render
them compatible with Penal Code Section 326.5 and other applicable
provisions of state law.
(Ord. 1043 § 1, 1977)
For the purposes of this chapter, certain words and phrases
used in this chapter are defined as follows:
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.
are all persons under eighteen years of age, as specified
in Civil Code Section 25.
means an organization within the purview of Penal Code Section
326.5, which is an organization exempted from the payment of the bank
and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f,
23701g or 23701(1) of the Revenue and Taxation Code and mobile home
park associations and senior citizens' organizations.
(Ord. 1043 § 1, 1977; Ord. 1219 § 1, 1984)
Pursuant to and in accordance with the provisions of this chapter,
the city manager may issue permits to nonprofit organizations to conduct
bingo games.
(Ord. 1043 § 1, 1977)
The provisions of Chapter 11.12 of this code relating to prohibition of gambling games not otherwise prohibited under state law shall not be deemed applicable to any bingo games conducted under valid permits issued under this chapter.
(Ord. 1043 § 1, 1977)
Each applicant for a permit under this chapter or for permit
renewal and each person filing any appeal pursuant to provisions of
this chapter, shall pay at the time of filing the application or appeal
a processing fee or fees in an amount or amounts as may have been
established by resolution of the city council. The permit fee is not
refundable in the event the applicant is determined not to qualify
for a license, and an appeal fee is not refundable unless expressly
otherwise ordered by-the city council.
(Ord. 1043 § 1, 1977)
(a)
Applications for bingo permits shall be written, signed and verified
under penalty of perjury, and shall be filed with the city manager
in such form as the city manager shall prescribe. Each application
for permit or renewal shall contain at least the following information
and showings:
(1)
The name and address of applicant;
(2)
The dates, hours, and location where the bingo games will be operated;
(3)
The name or names of the person or persons who will have the management
or supervision of said games;
(4)
Whether food and beverages will be available;
(5)
Such other reasonable information as the city manager may require
as to the identity or character of the applicant, manager, and members
of applicant who will operate said games;
(6)
A copy of the tax-exempt status determination, if any, issued by
the State Franchise Tax Board to the applicant organization showing
that the applicant organization is exempt under the provisions of
Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g or 23701(1)
of the California Revenue and Taxation Code, and that such exemption
still exists at the time of application submittal; or documentary
evidence that the applicant is a mobile home park association or senior
citizens' organization;
(7)
Proof that the applicant organization owns or leases or has donated
to it the use of the property on which the bingo games are to be held
and that such property is used by such organization as an office or
for other purposes for which the organization is organized, and that
such property was not acquired solely to accommodate bingo games.
(b)
No application for a permit renewal shall be accepted unless, in
addition to the above information, there is also submitted therewith
a full and accurate accounting record, certified under penalty of
perjury by the permittee's accountant or a member of the permittee's
management deemed by the city manager to be authorized and appropriate
to make such certification, setting forth in detail the income and
expenses received and disbursed in connection with the permittee's
operation, conduct, promotion, supervision and any other phase of
bingo game activities carried on under the existing or preceding permit.
Such a certified accounting record may also be required by the city
manager in cases where the application is not for a "renewal" but
is for a new permit to be issued to an applicant organization which
at any previous time held a permit issued under this chapter.
(Ord. 1043 § 1, 1977; Ord. 1219 § 2, 1984)
Upon receipt of an application, the city manager shall conduct
or cause to be conducted whatever investigation is deemed necessary
to assure the city manager that activities under the permit will probably
comply in all respects with the requirements set forth in Penal Code
Section 326.5 and with local standard permit conditions, and with
whatever other conditions the city manager deems necessary or desirable
to protect the public peace, health, safety and welfare and to assure
compliance with all laws, state and local.
(Ord. 1043 § 1, 1977)
(a)
Permits as applied for shall be issued by the city manager provided
it appears that all requirements of Penal Code Section 326.5 and of
this chapter and of the standards, rules and regulations, (including
special conditions which will be attached to the permit), applicable
pursuant to this chapter and other ordinances and laws, have been,
and will appropriately be, met fully by the applicant.
(b)
A permit shall be denied if the character, reputation or moral integrity
of the applicant organization's personnel (management or otherwise)
is determined by the city manager to be inimical or detrimental to
the safety or general welfare of the community, or if the applicant
falsifies any information in the permit application or omits any information
required therein. A permit denial shall, however, be made only after
opportunity has been granted to the applicant for a due process hearing
before the city manager, after at least ten days' notice to said applicant,
setting forth a statement of the proposed grounds for denial of the
permit, and stating the time and place such hearing will be held.
(c)
No permit shall be issued for the conducting of any bingo game or
games by the city or any department or agency thereof, or for such
games to be conducted upon any premises owned, held or controlled
by the city.
(Ord. 1043 § 1, 1977)
All permits issued under this chapter to allow bingo games shall
be subject to the following conditions as mandated by Penal Code Section
326.5:
(1)
Bingo games are allowed only when they are for the benefit of organizations
exempted from the payment of the bank and corporation tax by Sections
23701a, 23701b, 23701d, 23701e, 23701f, 23701g or 23701(1) of the
Revenue and Taxation Code or mobile home park associations or senior
citizens' organizations.
(2)
No person is to receive a profit, wage or salary from any authorized
bingo game.
(3)
No minors shall be allowed to participate in any bingo game.
(4)
An organization authorized to conduct bingo games shall conduct a
bingo game only on property owned or leased by it, or the use of which
is donated to it, and which property is used by such organization
for an office or for performance of the purposes for which the organization
is organized. Premises used solely for purposes of conducting bingo
games are not qualified therefor.
(5)
All bingo games shall be open to the public, not just to the members
of the authorized organization.
(6)
A bingo game shall be operated and staffed only by members of the
nonprofit 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 who
are not members of the authorized organization at such bingo game
by the organization conducting the game.
(7)
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.
(8)
With respect to organizations exempt from payment of bank and corporation
tax by Section 23701(d) 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.
(9)
With respect to organizations authorized to conduct bingo games other
than the organizations referred to in the next preceding paragraph,
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:
(A)
Such proceeds may be used for prizes.
(B)
A portion of such proceeds, not to exceed twenty percent of the proceeds
before 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.
(C)
Such proceeds may be used to pay license fees.
(10)
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.
(11)
The total value of prizes awarded during the conduct of any bingo
game shall not exceed two hundred fifty dollars in cash or kind, or
both, for each separate game which is held.
(Ord. 1043 § 1, 1977; Ord. 1219 § 3, 1984)
All permits issued pursuant to provisions of this chapter shall
be subject to the following additional special conditions:
(1)
Bingo games shall be conducted only between the hours of twelve noon
and eleven p.m., and for not more than four hours on any single day.
(2)
Bingo games shall not be conducted, by any organization authorized
to do so, for more than five days in any calendar month.
(3)
Any peace officer or official city inspector shall have free access
to any bingo game allowed under this chapter. The permittee shall
have the bingo permit and lists of approved staff available for inspection
at all times during periods in which bingo games are conducted.
(4)
The maximum charge per bingo card shall be twenty-five cents per
game.
(5)
The permittee shall own the gaming equipment necessary to conduct
the bingo games, and no such equipment shall be rented or leased.
The permittee shall at all times during periods in which bingo games
are conducted, display proof of ownership of such equipment to any
city peace officer or official inspector, up-on request.
(6)
No person who is obviously intoxicated shall be allowed to participate
in a bingo game.
(7)
No alcoholic beverages shall be consumed, sold, given away, served
or delivered to any person within the building (or portion thereof)
occupied by the permittee at the time of the games, during the period
of time between the commencement and ending of bingo games, except
while such games are suspended for not less than one hour for meal
purposes or the like.
(8)
Premises for which any bingo permit is issued shall qualify for the
public assembly numbers of the people anticipated, under applicable
provisions of zoning, fire, parking and occupancy ordinances and other
laws and regulations.
(9)
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 inspection division of the city in accordance with applicable
laws and regulations.
(10)
A permittee shall not reserve seats or space for any persons, except
as might be necessary for the reasonable accommodation of handicapped
or infirm persons on a nondiscriminatory basis.
(11)
The permittee shall display the permit in a conspicuous place in
the premises where the bingo games are conducted.
(12)
Not less than forty percent of the gross receipts from bingo games
conducted during any day shall be retained for expenditure for strictly
charitable purposes, and shall not be disbursed for any expenses or
charges related to bingo.
(13)
The permittee shall submit periodic accounting reports at such times and frequencies as is specified by the city manager at the time of permit issuance, in the form and containing the information as specified in subsection (b) of Section 11.13.060, and such other information as is necessary for the city manager to ascertain whether the permittee is complying with subsection (12) of this section.
(Ord. 1043 § 1, 1977; Ord. 1106 § 1, 1980)
The issuance of any bingo permit pursuant to this chapter shall,
if appropriate, have additional special conditions attached thereto
which are deemed by the city manager to be necessary to implement
the purposes of this chapter and of Penal Code Section 326.5, and
to assure compliance with the provisions of said chapter and section,
and to protect the public peace, health, safety and welfare from foreseeable
adverse effects which might otherwise result from any of the activities
sanctioned by the permit, and the city manager shall have discretionary
authority to prescribe any such necessary or appropriate conditions.
The permittee (applicant) shall have the right to a due process hearing
before the city manager, if such hearing is duly requested, in order
to protest, or to propose modification of any such additional special
condition existing or proposed.
(Ord. 1043 § 1, 1977)
The term of a bingo permit shall be six months (unless a lesser
term has been applied for) and a permit may be renewed for a like
period any time within one year from its date of issuance, upon due
application therefor. Each permit issued under this chapter shall
be issued to a specified nonprofit organization to conduct bingo games
at a specific location and shall in no event be transferable from
one organization to another nor from one location to another.
(Ord. 1043 § 1, 1977)
Any permit granted pursuant to the provisions of this chapter
may, after the permittee has been afforded the opportunity of a due
process hearing as hereafter stated, be revoked, suspended or modified
by the city manager for any of the following grounds or reasons:
(1)
There has been a violation of or a failure to comply with any condition
attached to the permit or any provision or regulation mentioned in
this chapter or any other rule or regulation or law specially applicable
to the permitted activities;
(2)
The character or moral integrity of the permittee or permittee's
personnel is determined inimical to the public safety or general welfare
of the community;
(3)
There was given any false or fictitious information in connection
with the application for and obtaining of the permit;
(4)
Any one of the permittee's personnel (management or otherwise) has
committed any fraudulent, false deceptive or dangerous act in connection
with, or while conducting, any permitted bingo game:
(5)
The permittee or any of its personnel has conducted any bingo game
in a manner contrary to the peace, health, safety or general welfare
of the public;
(6)
The permittee or any of its personnel have, in connection with activities
allowed by the permit, failed to comply with any law or regulation
in any of the following fields: zoning, building codes, off-street
parking requirements, controls related to public assemblies, health
regulations, or local and state fire regulations;
(7)
Any activities done under or occurring incidental to the permit have
interfered or tended to interfere with the normal flow of vehicular
or pedestrian traffic on any public right-of-way;
(8)
Any activities done under or occurring incidental to the permit have
unduly and unreasonably interfered with or adversely affected any
private property owner's or resident's rights to peaceful and unmolested
enjoyment of his private premises;
(9)
The permittee or any of its personnel have failed to comply with
provisions of the city's sign ordinance, or with conditions attached
to the permit relating to sign control;
(10)
Any other reason exists for which the permit might have been lawfully
denied in the first instance, or that for any reason the continued
operations under the permit will be inimical to the public safety
or general welfare of the community.
(Ord. 1043 § 1, 1977)
(a)
A revocation, suspension or modification as referred to in the preceding
section shall be made only after opportunity has been granted to the
permittee for a due process hearing before the city manager, after
ten days' notice to said permittee, setting forth the nature and grounds
of complaint against it and stating the time and place such hearing
will be held.
(b)
Upon failure of the permittee to respond to the opportunity for hearing
after receiving notice of such hearing, the permit may be suspended
or revoked, or may be modified in such particulars as are deemed necessary
in the public interest, and any such suspension, revocation or modification
shall be effective upon notice or knowledge thereof being received
by any of the permittee's local management personnel, orally or in
writing. Any such order of suspension, revocation or modification
shall also be effective as to any employee or agent of the permittee,
which employee or agent has been notified orally or in writing of
the substance of the order.
(c)
Any such revocation or modification of any permit may be in addition
to any penalties otherwise provided for by law.
(Ord. 1043 § 1, 1977)
Any person aggrieved by any action of the city manager in administering the provisions of this chapter may appeal to the city council in the manner provided by Chapter 2.05 of this code.
(Ord. 1043 § 1, 1977; Ord. 1226 § 16, 1984)
In the event a renewal application is filed during the pendency
of a proceeding to suspend or revoke the permit, such filing shall
continue such permit in full force and effect until the making of
the final order by the city manager terminating proceedings. Failure
of the city manager to revoke, suspend, limit, or condition the permit
shall have the effect of granting the renewal. The application for
renewal shall become a part of the pending proceeding and be subject
to all evidence which has been or is thereafter presented. No further
notice to the applicant is required and the city manager is authorized
to consider and take action upon such application in accordance with
this chapter.
(Ord. 1043 § 1, 1977)
In connection with any function vested by this chapter in the
city manager, should the city manager in a particular case be disqualified
to act, then the chief of police shall perform all functions and exercise
all authority under this chapter otherwise vested in the city manager.
Should both such officers simultaneously be so disqualified, then
the city council shall designate another city officer to act in the
particular case.
(Ord. 1043 § 1, 1977)
Any permit issued pursuant to this chapter shall, during its term, be deemed in effect so as to validate bingo games thereunder (which would otherwise be unlawful under state law) only throughout periods of time during which the permittee and its personnel are fully complying with all permit conditions as referred to, and/or authorized in or by Sections 11.13.090, 11.13.100 and 11.13.110 of this chapter. If any such permit conditions are being violated or not complied with, then the state laws regarding bingo games shall be deemed fully applicable to the permittee and its personnel managing, supervising or conducting the bingo games, to the same extent as if no permit has ever been issued; provided however, that members of the public who are participating in the bingo games not as personnel of the permittee, which members of the public have no knowledge or reason to know, of the aforesaid violations of or noncompliance with the permit conditions, shall be deemed to be participating in games for which a permit is in full force and effect, so long as a permit is conspicuously displayed upon the premises in accordance with subsection (11) of Section 11.13.100.
(Ord. 1043 § 1, 1977)
