This article is adopted pursuant to Section 19 of Article IV
of the California Constitution and Section 326.5 of the California
Penal Code in order to make the game of bingo lawful under the following
sections of this article.
(Ord. No. 95-1, § 1, 2-8-95)
(a)
It
shall be unlawful for any organization to conduct any bingo game in
the City of Escondido unless the organization is a nonprofit, charitable
organization and has been issued a license as provided in this division.
(b)
It
shall be unlawful for any person to conduct any bingo games in the
City of Escondido unless such person is a member of a nonprofit, charitable
organization, is acting on behalf of that organization, and that organization
has been issued a license as described in this division.
(Ord. No. 95-1, § 1, 2-8-95)
Applications for a license, change or renewal thereof shall
be filed with the business licensing officer of the City of Escondido
on forms prescribed by the director and shall be signed under penalty
of perjury. Such applications shall be filed:
(a)
Not
less than 30 days prior to the proposed date of the bingo game or
games; and
(b)
Each
application shall list the name of the organization member who will
be the person in charge and one alternate.
(Ord. No. 95-1, § 1, 2-8-95)
Applications shall not be filed unless the applicant is a qualified
organization which has owned or leased property within the incorporated
area of the City of Escondido that has been used by the applicant
for the performance of the purposes for which it is organized, for
at least 12 months immediately preceding filing of the application.
The property upon which any bingo game is to be conducted must be
owned or leased by the applicant. The provisions of this paragraph
shall not apply to any qualified organization that was issued a bingo
license or renewal thereof by the City of Escondido prior to July
2, 1986; provided, however, that the term of such license, or renewal,
has not expired or been revoked.
(Ord. No. 95-1, § 1, 2-8-95)
(a)
A
bingo game shall be operated and staffed only by members of the nonprofit,
charitable organization which has been issued a bingo license, and
no person shall receive or pay a profit, wage or salary from any bingo
game. Notwithstanding the above, a licensed bingo operation may employ
uniformed, nonmember security personnel which may be paid from the
revenues of the bingo games.
(b)
All
members of the nonprofit, charitable organization who operate a bingo
game must apply to the chief of police on forms prescribed by the
chief of police not less than 15 calendar days prior to the day that
they wish to begin working.
(c)
Each
member of the nonprofit, charitable organization who is approved by
the chief of police to staff or operate the bingo operation will be
given a picture identification card.
(d)
Each
member of the nonprofit, charitable organization shall wear the identification
card on outside clothing, in plain view and at chest height when staffing
or operating a bingo operation.
(Ord. No. 95-1, § 1, 2-8-95)
(a)
The
term of bingo license and I.D. card is one year and may be renewed
for a period of one year any time within one year from its date of
issuance.
(b)
A
nonrefundable fee of shall accompany each application for a license
or renewal. The fee shall be used to defray the cost of issuing the
license. The amount of the fee shall be set periodically by resolution
of the city council.
(c)
The
fee for an identification card shall be set by resolution of the City
Council from time to time. This fee shall be used to defray the cost
of issuing the identification card.
(d)
An
additional fee of one percent of the monthly gross receipts over $5,000
derived from bingo games shall be payable by the licensee to the finance
director at the end of each and every month during which bingo games
are conducted to defray the costs of enforcing this article.
(Ord. No. 95-1, § 1, 2-8-95; Ord. No. 95-13, § 1, 7-19-95; Ord. No. 2006-031, § 1, 9-20-06)
(a)
A
nonprofit, charitable organization shall conduct a bingo game only
on property which it owns or leases and which is used by the organization
for the purposes of the organization.
(b)
No
minors shall be allowed in any playing area of a bingo game, nor shall
they participate in any bingo game.
(c)
All
bingo games shall be open to the public and shall not be limited to
members of the nonprofit, charitable organization.
(d)
No
individual, corporation, partnership or other legal entity except
the organization authorized to conduct a game shall hold any financial
interest in the bingo game.
(e)
No
person shall receive a profit, wage, salary or percentage from any
bingo game authorized by this article, except as specified in section
16-185(a).
(f)
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.
(g)
No
member of the nonprofit, charitable organization who is operating
or staffing a bingo game may play, in any way, in the bingo game.
(h)
The
total value of prizes awarded during the conduct of any bingo game
shall not exceed $250 for each separate game which is held.
(i)
No
bingo game shall be conducted between the hours of midnight and eight
a.m.
(j)
Bingo
games shall not be conducted by any organization more than one day
in every seven days.
(k)
No
organization licensed to conduct a bingo game shall conduct any bingo
game unless the individual listed on the bingo license as the person
in charge or a listed alternate are physically present and supervising
the operation of each bingo game.
(Ord. No. 95-1, § 1, 2-8-95)
Any peace officer of the City of Escondido shall have free access
to any bingo game licensed under this article. The licensee shall
have the bingo license and list of approved staff available for inspection
at all times during any bingo meeting. The licensee shall keep complete
accounting records supported by properly executed contracts, leases,
receipts and other related documents which pertain to all moneys,
or other forms of income, collected in connection with the conduct
of any of its bingo games, expenditures in connection with the games
and any funds remaining or distributed for charitable purposes. Such
records shall be clearly identified and readily accessible. Officials
of the City of Escondido shall have the right to examine and audit
the records at any reasonable time, and the licensee shall cooperate
by making the records available.
(Ord. No. 95-1, § 1, 2-8-95)
(a)
All
moneys derived from a bingo game shall not be commingled with any
other fund or account.
(b)
All
proceeds from a bingo game conducted by a nonprofit, charitable organization
not exempt under Section 23701d of the Revenue and Taxation Code shall
be used only for charitable purposes, except as follows:
(1)
Proceeds may be used for prizes;
(2)
A portion of such proceeds, not to exceed 20% of the proceeds before
the deduction for prizes, or $2,000 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)
Proceeds may be used to pay license fees.
(c)
At
the end of each month in which a bingo game or games are conducted,
the licensee shall file with the director on forms prescribed by the
director a full and complete accounting of all moneys collected, disbursed
and the amount remaining for charitable purposes. Any and all fees
due to the City of Escondido shall be paid with this monthly filing.
A copy of this filing will be given to the chief of police.
(Ord. No. 95-1, § 1, 2-8-95)
