“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 includes cards having numbers
or symbols which are concealed and preprinted in a manner providing
for distribution of prizes. The winning cards shall not be known prior
to the game by any person participating in the playing or operation
of the bingo game. All such preprinted cards shall bear the legend,
“for sale or use only in a bingo game authorized under California
law and pursuant to local ordinance.”
A “bingo game”
shall be a separate game, whether it is played in series
of games or a single game, when an actual exchange of prizes or awards,
in cash or in kind, is made to the player by the organization conducting
said game. The following are some examples of what may constitute
a single “bingo game,” although played in a series of
games:
(1)
“Early bird” game —
a bingo game, or series of games, that occurs before the
start of the regular hard card session. Such a game is generally played
on “throw-away” bingo cards.
(2)
“Black-out” game —
A bingo game, in which all numbers on a card must be called
to win. Each “on the way” game played before a black out
occurs may constitute a separate game if rules for payment, including
the designation of each “on the way” game, are announced
before the beginning of the black-out game.
(3)
“Pick-up games” —
A specific number of bingo games, in which floor workers
pick up the money for each card purchased and issued receipts before
the games are played. Generally, such games are played on hard cards.
(Ord. 975 § 2, 1985)
Pursuant to Section 19 of Article
IV of the California Constitution and
Penal Code Section 326.5, organizations which are exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701(l) of the
Revenue and Taxation Code, mobile home park associations and senior citizens’ organizations shall be eligible to apply for a permit to conduct bingo games, provided that the proceeds of such games are used only for charitable purposes; and further provided, the applicant has owned or leased or has had donated to it property within the city that has been used by the applicant for performance of the purposes for which the applicant is organized for at least twelve consecutive months immediately preceding the filing of such application. No other person or organization shall be eligible to receive a bingo permit. All organizations must comply with the requirements of this chapter.
(Ord. 975 § 2, 1985; Ord. 1065 § 1, 1989)
Any organization desiring to conduct a bingo game shall first
file with the chief of police a bingo application which shall be accompanied
by a receipt showing the payment to the director of finance of a processing
fee in an amount as set by resolution of the city council and shall
contain the following information:
(1) The
name of the applicant organization and a statement that the applicant
is a qualified organization to conduct bingo;
(2) The
name and signature of at least two officers, (including the presiding
officer) of the organization;
(3) A
statement under penalty of perjury, certifying that the address at
which the organization is seeking authority to conduct bingo games
pursuant to this chapter is the address of property owned or leased
by said organization, or property donated to it, and which property
is used by such organization for an office or for the performance
of the purposes for which the organization is organized;
(4) The
application shall include, as attachments, certificates of the Franchise
Tax Board and the U.S. Internal Revenue Service establishing that
the organization is currently exempted from the payment of the Bank
and Corporation Tax by Section 23701(d) of the Revenue and Taxation
Code and that a contribution or gift to the organization would be
a charitable contribution under Section 170(c) (2) of the Internal
Revenue Code of 1952;
(5) A
statement under penalty of perjury that the applicant has received,
read and understands the provisions of
Penal Code Section 326.5.
(Ord. 975 § 2, 1985)
An organization authorized to conduct bingo games shall conduct
a bingo game only on property owned or leased by it, or property the
use of which is donated to the organization for an office or for performance
of the purposes for which the organization is organized. Nothing in
this section shall be construed to require that the property owned
or leased by or the use of which is donated to the organization be
used or leased exclusively by or donated exclusively to the organization.
No one organization may conduct bingo games at more than two different
sessions in any given week. No more than two separate organizations
may conduct bingo games at the same location.
(Ord. 975 § 2, 1985; Ord. 1065 § 1, 1989)
The chief of police or his designee shall have the authority
to inspect the premises and records of a permittee relating to bingo
games at any reasonable time, including but not limited to times during
which games are being conducted, to insure that the operation of bingo
games does not constitute a violation of California or United States
law or of this code. All records relating to bingo games shall be
maintained for at least three years. Failure to permit such inspection
upon a reasonable notice shall be grounds for revocation or suspension
of said permit.
(Ord. 975 § 2, 1985)