The ordinance codified in this chapter is enacted pursuant to
Article IV, Section 19 of the California Constitution and Section
326.5 of the Penal Code.
(Prior code § 5-600)
As used in this chapter, "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, and
shall include devices known as "rip-offs" or "pull-tabs," consisting
of preprinted cards upon which numbers or symbols are covered by an
opaque material or paper tab, which is removed to reveal the numbers
or symbols. Such definitions shall not include those devices commonly
referred to as "punch boards," as prohibited in California Penal Code
Section 330(c).
(Prior code § 5-601)
No person, firm or organization shall conduct or participate
in a bingo game which is not licensed pursuant to this chapter.
(Prior code § 5-602)
Every organization seeking a license to conduct bingo games
shall file with the City Finance Department an application and pay
a license fee of $50.00. In the event an application for license is
denied, one-half of the fee paid shall be refunded to the organization.
Except as otherwise provided in this section, all other license fees
shall be nonrefundable.
(Prior code § 5-602.1)
The application shall be filed at least five working days prior
to the initial game and shall include:
A.
The
name and address of the organization which is seeking to conduct said
game.
B.
The
name and address of the organization for whose benefit the game is
conducted.
C.
The
names and addresses of the officers of the organizations, including
the name of the person responsible for the holding of the bingo game.
D.
The
building or location at which the game will be conducted.
E.
Specification
of other activities which the organization conducts at the location
where the games are to be conducted.
F.
The
days or dates and hours during which the game will be conducted.
(Prior code § 5-602.2)
Upon a finding that the applicant meets the qualifications of
this chapter, and that the locations and times of the proposed games
comport with the public health, safety and welfare, a license shall
be issued to the organization setting the location, times and other
conditions necessary to protect the public health, safety and welfare
in the conduct of the game.
(Prior code § 5-602.3)
Licenses shall be granted only to organizations exempted from
the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d),
23701(e), 23701(f), 23701(g) or 23701(I) of the Revenue and Taxation
Code, and to mobilehome park associations and senior citizen organizations;
and provided that the proceeds of such games are used only for charitable
purposes.
(Prior code § 5-602.4)
A licensed organization shall cause the license issued to it,
pursuant to this chapter to be clearly displayed to all participants
of bingo games conducted by said organization a minimum of 30 minutes
prior to any bingo game and at all times said bingo games are in progress.
(Prior code § 5-602.5)
A.
Premises.
A licensed organization shall conduct a bingo game only upon property
owned or leased by it, and which property is used by such organization
for an office or performance of the purposes for which the organization
is organized.
B.
Hours
of Operation. No organization licensed under this chapter shall conduct
any bingo game more often than once per week nor more than 12 hours
in length. No bingo game shall be conducted prior to the hour of 10:00
am. or after 12:00 midnight.
C.
Games
Open To the Public. All bingo games shall be open to the public and
shall not be restricted to members of the organization so licensed.
D.
Operators
of Game. A bingo game shall be operated and staffed only by members
of the licensed organization which conducts 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 or supervision or other phase
of the game.
E.
Financial
Interest Prohibited. 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 game.
F.
Special
Account for Funds. All profits derived from bingo games conducted
under authority of this chapter shall be kept in a special fund or
account and shall not be co-mingled with any other fund or account.
Such profit shall be used only for charitable purposes, except as
follows:
1.
Such
proceeds may be used for prizes awarded at such games.
2.
A
portion of such proceeds not to exceed 10 percent of the proceeds
before deduction for prizes or $500.00 per month, whichever is less,
may be used for rental of property, overhead, including purchase of
bingo equipment, and administrative expenses.
3.
Such
proceeds may be used to pay license fees.
4.
No
such proceeds or profit shall be used to pay any salary to any staff
member, officer or employee of the organization conducting such bingo
games.
G.
Physical
Presence Required. No person shall be allowed to participate in a
bingo game unless that person is physically present at the time and
place in which the bingo game is being conducted.
H.
Intoxicated
Persons. No person who is obviously intoxicated shall be allowed to
participate in any bingo game conducted under this chapter.
I.
Prizes.
The total value of prizes awarded during the conduct of any bingo
game hereunder shall not exceed $250.00 in cash or prizes of any kind,
or aggregate of both such cash and prizes for each separate game which
is held.
J.
Account
Books. All licensees under this chapter shall keep and maintain full,
complete and accurate records and accounts and shall include in such
accounts the amount of money obtained from players, the amount of
money or type and value of prizes given for each game played, all
expenses associated with the conduct of such games, and the disposition
of all funds generated by the conduct of such bingo games. The City
shall have the right to inspect such records upon reasonable notice
to any licensed organization.
(Prior code § 5-603)
A.
Grounds.
A license to conduct a bingo game pursuant to this chapter may be
denied or suspended on the following grounds:
1.
That
the apparent mode of operation of the game would constitute a fire,
health or safety hazard or would not be in compliance with building
or zoning regulations;
2.
Available
parking at the location of the proposed game is inadequate for the
attendance or anticipated attendance, or the traffic generated by
such games would constitute a traffic hazard;
3.
That
any person seeking to operate or assist in the operation of a bingo
game has been convicted within the past five years of any crime involving
lotteries, gambling, larceny, perjury, bribery, extortion, fraud or
similar crimes involving moral turpitude;
4.
That
there has been willful misstatement of fact in an application or report
filed hereunder or a negligent failure to file any report required
hereunder;
5.
That
there has been any other violation of any provision of this chapter;
B.
Notice
of Denial or Suspension. An applicant or licensee under this chapter
shall be notified of the denial of the application or suspension of
the application or suspension of the permit by the City Manager, who
shall make such notification by sending written notice, setting forth
the grounds for such suspension or revocation, by certified mail,
return receipt requested, to the licensee's business address as shown
on the license or application.
(Prior code § 5-604)
A.
General
permits are granted for one year terms. Each term is renewable annually.
Written application for renewal of a general permit shall be made
to the City at least one month prior to its expiration date.
B.
Permits
granted under this chapter shall not be transferable, either as to
permittee or location. Any attempt to transfer shall render the permit
in question invalid.
C.
Daily
License. A daily license may be issued to a qualified organization
authorizing the conduct of a bingo game on a single date as specified
in the application. Such license may be issued based on a local background
investigation.
(Prior code § 5-605)
Violation of any section of this chapter is a misdemeanor.
(Prior code § 5-606)
