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)
No bingo game shall be conducted in the city without a permit
issued by the city.
(Prior code § 4-2.1803)
Organizations which may conduct bingo games are:
A. Those
exempted from payment of the Bank and Corporation Tax by Section 23701
(a), (b), (d), (e), (f), (g) and (l) of the
Revenue and Taxation Code;
and
B. Mobile
home park associations; and
C. Senior
citizens organizations.
(Prior code § 4-2.1804)
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)
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)