This chapter establishing a special permit procedure to allow certain nonprofit charitable organizations to conduct bingo games for charity in the city is enacted pursuant to Article IV, Section 19, of the California Constitution and Section 326.5 of the California Penal Code.
(Prior code § 4-2.1801)
"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.
(Prior code § 4-2.1802)
Organizations which may conduct bingo games are:
A. 
Those exempted from payment of the Bank and Corporation Tax by Section 23701 of the Revenue and Taxation Code(l) and (g), (f), (e), (d), (b), (a) ; and
B. 
Mobile home park associations; and
C. 
Senior citizens organizations.
(Prior code § 4-2.1804)
A. 
An eligible organization may make application to the police department on the form provided by the department.
B. 
Accompanying the application shall be the following:
1. 
The application fee set forth in the resolution establishing fees and charges for various municipal services;
2. 
Proof of eligibility;
3. 
Proof of lease or ownership of site of proposed game;
4. 
Names and addresses of all individuals conducting bingo games;
5. 
Location where bingo games will be conducted with permitted occupancy listed.
(Prior code § 4-2.1805)
Upon receipt of the application and fee, the chief of police shall investigate the proposed bingo permit request. The chief shall have fourteen days within which to deny, approve or approve with conditions the requested bingo permit. The chief may consult the department of building inspection, fire department or any other city agency to determine whether the proposed conditions and location of the game meet applicable city standards.
(Prior code § 4-2.1806)
The permit shall contain the following information:
A. 
The name of the organization;
B. 
The address where the bingo game may be conducted;
C. 
The occupancy capacity of the room;
D. 
The expiration date of permit.
(Prior code § 4-2.1807)
The permit shall be kept on the premises where bingo is conducted at all times. A separate permit shall be required for each location where bingo games are conducted. Permits shall not be transferable from one location to another. Each permit shall be prominently displayed at the authorized location at all times during the conduct of the game.
(Prior code § 4-2.1809)
No person shall operate a bingo game in the city except in strict conformance with the following:
A. 
No person may receive a profit, wage or salary from any bingo game.
B. 
No minor shall be allowed to participate in any bingo game.
C. 
An eligible organization shall conduct bingo games only on property 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 performance of purposes for which the organization is organized. In the case of property not continuously used by the authorized organization, the property shall be considered as used for the purposes for which the organization is organized if the authorized organization is conducting a scheduled event for organizational purposes on the premises and the police chief makes a determination that the proposed bingo game is merely incidental to the scheduled event.
D. 
All bingo games shall be open to the public, not just to the members of the authorized organization.
E. 
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 game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotions, supervision or any other phase of such game. This subsection 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.
F. 
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 the game.
G. 
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 game is being conducted.
H. 
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.
I. 
No bingo game shall be conducted between the hours of 2:00 a.m. and 10:00 a.m.
(Prior code § 4-2.1810; Ord. 1092 §§ 1, 2,1983)
A. 
Profit of Exempt Organization—Revenue and Taxation Code Section 23701(d). Organizations exempt from taxation pursuant to Revenue and Taxation Code Section 23701(d) shall keep all profits derived from bingo in a special fund or account and the profits shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes.
B. 
Profits of Other Eligible Organizations. 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 purpose; except as follows:
1. 
Such proceeds may be used for prizes;
2. 
A portion of such proceeds not to exceed 20 percent of the proceeds after the deduction for prizes, or $1,000.00 per month, whichever is less, may be used for rental of property, overhead, administrative expenses, security equipment and security personnel.
(Prior code § 4-2.1811; Ord. 1092 § 3, 1983)
A. 
Records. The permittee shall keep detailed and accurate records of the income and expenses received and disbursed in connection with the operation, conduct, promotion and supervision of bingo games.
B. 
Inspection. The city by and through its authorized officers shall have the right to examine and audit such records at any reasonable time and the permittee shall keep such records open for inspection by the city.
(Prior code § 4-2.1812)
The chief of police may revoke a permit for any violation of the provisions of this chapter or any applicable law or regulation or any false, misleading or fraudulent statement of a material fact in the application for a permit.
(Prior code § 4-2.1813)
If the chief of police determines that a permit shall be revoked, he or she shall serve on the permittee a notice of his or her intent with his or her reasons therefor. The notice shall provide for revocation of the permit seven days after service of notice upon permittee unless the permittee requests a hearing before the chief of police prior to revocation. The police chief shall give at least five days' prior written notice of the time and place of said hearing to the permittee and shall issue his or her written decision with seven days after the conclusion of the hearing.
(Prior code § 4-2.1814)
The chief of police, or his or her authorized representative, may immediately suspend a permit pending a hearing on revocation if he or she finds gross violations of this chapter or state law, or finds that public is in immediate danger from continued use of said permit.
(Prior code § 4-2.1815)
The applicant, or any aggrieved person affected by the granting of a permit, shall have the right to appeal any action of the chief of police, in granting or denying an application for a permit or revoking a permit to the city council of the city. Appeal shall be made in writing specifying the grounds therefor and filed with the city clerk within 10 days after the action of the chief of police. The city council may hear additional evidence and may sustain, reverse or modify the decision of the chief. The decision of the council shall be final.
(Prior code § 4-2.1816)
No person shall pay or receive a profit, wage or salary from any bingo game authorized under this chapter. Payment or receipt of a profit, wage or salary shall be punishable by a fine up to $10,000.00 and is a misdemeanor. Any other violation of this chapter shall be a misdemeanor.
(Prior code § 4-2.1817)
The police chief may issue a limited bingo permit valid for a single date and time to an eligible organization. The applicant shall meet all the requirements and regulations of this chapter except as they are modified in this section.
A. 
Application for a limited bingo permit shall be made at least 21 days prior to the date of the proposed bingo activity.
B. 
No more than 12 limited permits shall be issued to the same organization in any one calendar year.
(Prior code § 4-2.1818)