The purpose of this chapter is to provide standards to safeguard
safety, property, morals and the public welfare by regulating and
controlling the issuance of licenses for the operation and conduct
of bingo games. It is the intent of the council to control and restrict
the issuance of a bingo license to charitable and other organizations
which are legitimately established as such, and to eliminate the possibility
of criminal activity and illegitimate enterprises engaging in bingo
games for profit or other improper motives.
(Ord. 5972 § 5, 9-14-2021)
For the purposes of this chapter, the following terms are defined
as follows:
"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.
"Mobile home park association"
means any group or organization often or more members who each own or lease a mobile home as defined in Section 18214 of the
Health and Safety Code of the state of California. Such a group or organization must have been in existence for at least six months pursuant to Section
5.28.060(F), and must be organized for some civic, recreational, charitable or other common purpose.
"Pull tab"
means a card having numbers or symbols which are concealed
and preprinted in a manner providing for the distribution of prizes.
"Security personnel"
means persons employed for the exclusive purpose of protecting
persons and property at bingo games.
"Senior citizens' organization"
means any group or organization of 10 or more members, the age of each member being not less than 60 years. Such group or organization must have been in existence for at least six months pursuant to Section
5.28.060(F), and must be organized for some civil, recreational, charitable or other common purpose.
(Ord. 5972 § 5, 9-14-2021)
Bingo may be lawfully played in the city only when pursuant
to the provisions of Section 326.5 of the
Penal Code of the state
of California and the conditions set forth in this chapter. The police
chief shall promulgate rules and regulations relating to the operation,
conduct and enforcement of bingo games. Prior to becoming effective,
such rules and regulations shall be approved by the city council.
(Ord. 5972 § 5, 9-14-2021)
A. A license
to conduct bingo games shall be valid for a period of one year and
shall be subject to the conditions contained in Section 326.5 of the
Penal Code of the state of California and the conditions of this chapter.
B. No organization
or association shall conduct a bingo game in the city until such organization
or association has obtained a license from the city.
C. No license
issued or granted under this chapter shall be in any manner transferred
or assigned, or authorize any person or organization other than is
therein mentioned or named to conduct or operate a bingo game. Any
change in location or name of person from that which is shown on the
issued license shall require a new license to be obtained.
D. Only
organizations exempted from the payment of the bank and corporation
tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and
23701(I) of the
Revenue and Taxation Code, mobile home park associations
and senior citizens' organizations located in the city may apply to
the city for a license to operate a bingo game.
E. Pull
tabs as defined in this chapter may be used at bingo games. The manager
of any such bingo game shall place pull tabs in a locked secure area
during the times that bingo games are not being played.
(Ord. 5972 § 5, 9-14-2021)
A. Any person wishing to obtain a bingo license shall file an application according to requirements and procedures in Section
5.04.050.
B. Applications
for a bingo license shall include the following additional information:
1. The
names, addresses and physical description of the persons who will
be regularly engaged in conducting bingo games;
2. The
date(s) and place where such bingo game will be held;
3. A
statement setting forth the character and extent of the charitable
work being done, or to be done, by such organization and where such
work has been or will be done;
4. A
statement setting forth the use to which the funds derived from such
bingo game will be used;
5. Evidence that applicant organizations conducting bingo games are either exempted from the payment of the bank and corporation tax as described in Section
5.28.040, or is a mobile home park association or a senior citizens' organization as described in Section
5.28.020;
6. A
statement that the persons directly engaged in the conduct of the
bingo game have read and are familiar with the provisions of this
chapter and the rules and regulations for bingo games prior to holding
such bingo game.
(Ord. 5972 § 5, 9-14-2021)
Each license issued shall be subject to the following conditions:
A. Only
the organization or association authorized to conduct a bingo game
shall operate such game or participate in the promotion, supervision
or any other phase of such game. No other individual, corporation,
partnership or other legal entity shall hold a financial interest
in the conduct of such bingo game.
B. A bingo
game shall be operated and staffed only by members of the authorized
organization which organized it.
C. No person
whatsoever, shall receive a profit, wage or salary from any bingo
game with the exception of security personnel employed by the organization
conducting the bingo game.
D. A violation of subsection
C of this section shall be punishable pursuant to state law by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the city. Any other violation of this chapter shall be a misdemeanor punishable pursuant to Section
1.20.010(A) of this code.
E. An authorized
organization or association shall conduct a bingo game 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 the purpose for which the organization is organized.
Nothing in this subsection shall be construed to require that the
property owned or leased by or whose use is donated to the organization,
be used or leased exclusively by or donated exclusively to such organizations.
F. Organizations
that are otherwise qualified must have been conducting business in
the city for a period of at least six months prior to the date of
application for a license.
G. All
bingo games shall be open to the public, not just to the members of
the authorized organization or association. 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.
H. Bingo
may be conducted by any authorized organization or association between
the hours of 12:00 noon and 12:00 midnight, limited to not more than
one six hour period per day for a total of 12 hours within any seven
day period.
I. No bingo
game shall be conducted on any property within the city for more than
a period of 12 hours in any seven day period.
J. No minors
shall be allowed to operate or participate in any bingo game.
K. An authorized
organization or association shall maintain accurate records containing
the names, addresses and physical descriptions of all persons who
staff or operate a bingo game.
L. 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. With respect to other organizations authorized to conduct bingo games pursuant to Section
5.28.040 of this chapter, 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 for bingo games.
2. A
portion of such proceeds not to exceed 20% before the deduction for
prizes or $2,000 per month, whichever is less, may be used for the
rental of property and/or overhead, including the purchase of bingo
equipment, administrative expenses, security equipment and security
personnel. Thorough records shall be kept of all financial transactions
involving profits derived from any bingo game and such records shall
be open at all times during business hours to the inspection of any
peace officer of the state of California or other city representative
authorized by the city manager. The city manager, may at anytime,
require the organization to file with him or her, a copy of an audit
of the special fund or account prepared by a certified public accountant
showing the gross revenue received from all bingo games, the costs
incurred in the operation of such games including the amounts paid
out in connection there with, the amounts deposited in the special
fund, and any expenditures made from the special fund.
M. The
total value of prizes awarded during the conduct of any bingo game
shall not exceed $250 in cash or kind, or both, for each separate
game which is held.
N. If,
during the term of any license, there is a change in fact, policy,
location, method or personnel that would alter the information given
in the application, the applicant shall notify the police chief in
writing within 72 hours after such change. The police chief will then
conduct an investigation to determine if all of the conditions of
this section are fulfilled.
O. Pull
tabs shall be placed in a central pull-tab dispenser. The manager
of the bingo game shall be responsible for putting the pull tabs in
the dispenser in a random fashion. Once the pull tabs are in the dispenser,
players may purchase them directly from the dispenser or from floor
vendors who have obtained them from the dispenser. Only those persons
who are playing bingo games may use pull tabs. The use of pull tabs
during the playing of bingo games in any manner other than as described
in this subsection is prohibited and shall result in the revocation
of the bingo license.
P. No person
shall be permitted to play any game of bingo on credit.
Q. All
preprinted cards shall include the legend "for sale or use only in
a bingo game authorized under California law and pursuant to City
of Glendale ordinance."
(Ord. 5972 § 5, 9-14-2021)
An authorized representative of the police chief or city clerk that observes the operation of the game and determines that bingo played under a license issued hereunder is not being played according to the laws of the state of California, the city bingo ordinance, or any rule or regulation promulgated thereunder, may issue an order to immediately cease and desist such violation in addition to any other remedy provided by law, including, but not limited to, the issuance of a misdemeanor citation. If the representative of the chief of police or city clerk observes that during the operation of bingo, pull tabs are not being used in the manner required by this chapter, the representative may issue an order to immediately cease and desist such violation in addition to any other remedies as provided by law. Said order shall be served in writing upon the manager of the bingo game at the time the violation is observed and shall set forth the nature of the violation. Failure of the manager of the bingo game to cease such violation upon receipt of the cease and desist order is a misdemeanor punishable pursuant to Section
1.20.010(A) of this code.
(Ord. 5972 § 5, 9-14-2021)