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.”
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:
“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.
“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.
“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.
as used herein means any bona fide organization dedicated
solely to the needs of people of age fifty-five years or older.
(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)
(a)
Upon
receipt of an application, the chief of police shall conduct such
investigation as he may deem necessary and proper into the background
of the applicant and other persons to be associated with the conduct
of the bingo games;
(b)
Upon
completion of his investigation, the chief of police may approve or
deny the application;
(c)
Permits
issued pursuant to this chapter shall be valid until January 1st of
the next succeeding calendar year, and said permits may be renewed
annually without further payment of a processing fee;
(d)
Notwithstanding
the foregoing, an application shall be denied by the chief of police
upon finding that any one of the following conditions exist or occur:
(1)
The applicant or any person financially interested in the organization
has been convicted of a felony, an offense perpetrated with the use
of deceit or fraud, or an offense involving moral turpitude,
(2)
The applicant has knowingly made a false, misleading, or fraudulent
statement of facts in the application or another document required
by the city in conjunction therewith,
(3)
The applicant or any person financially interested in the organization
is not of good moral character or reputation,
(4)
The bingo operation which is the subject of the application is not
in compliance with applicable local and state laws.
(Ord. 975 § 2, 1985)
(a)
The
chief of police may suspend, modify or revoke any permit issued pursuant
to this chapter if: (1) the information contained in the application
is materially misleading, or (2) the permit fails to comply with the
provisions of Penal Code Section 326.5, the provisions of this chapter,
or the terms and conditions of the permit. The chief of police shall
give written notice to the permittee at least ten days prior to the
proposed suspension or revocation, which notice shall set a hearing
thereon on the tenth day or reasonable continuance thereof. The permittee
may attend the hearing and submit evidence and information as to whether
the permit should be suspended, modified or revoked and issue an order
thereon within ten days after said determination.
(Ord. 975 § 2, 1985)
(a)
Should
the chief of police disapprove the application for or suspend or revoke
the permit, notice of such denial, suspension or revocation shall
be served upon the applicant by depositing in the U.S. Mail, a true
copy thereof, with First Class Postage prepaid, addressed to the applicant
at his last known address, within three days from the date of action
by the chief of police.
(b)
Any
applicant whose application has been denied or whose permit has been
suspended or revoked may appeal such action by filing with the city
manager a written notice of appeal within fifteen calendar days after
the date of such action by the chief of police and by serving such
notice personally by mail upon the chief of police or his duly authorized
representative appointed for said purpose.
(c)
Upon
receipt of a written notice of appeal, the city manager or his designee
shall fix a date for hearing said appeal and shall designate the time
and place where such hearing is to be held, which date shall not be
more than thirty days from the date of filing of the appeal. At least
ten days’ prior written notice of such hearing shall be given
to the applicant.
(d)
At
any such hearing, the applicant shall be given the opportunity to
defend himself and may call witnesses, be represented by counsel and
present evidence in his behalf.
(e)
The
chief of police or his representative shall attend the hearing and
shall have the burden of proof to establish by a preponderance of
evidence that the action of the chief of police was justified and
in compliance with the provisions of this chapter.
(f)
The
city manager or his designee shall affirm, modify or reverse the action
of the chief of police. The decision of the city manager or his designee
shall be final and conclusive.
(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)
(a)
It is a misdemeanor for any person to receive or pay a profit, wage or salary from any bingo game authorized by this chapter and Penal Code Section 326.5 pursuant to Section 19 of Article IV of the California Constitution.
(b)
A
violation of this section is a misdemeanor and shall be punishable
by a fine not to exceed ten thousand dollars, which fine shall be
deposited in the general fund of the city.
(Ord. 975 § 2, 1985)
(a)
Any
person violating any of the provisions or failing to comply with any
of the mandatory requirements of this chapter shall be guilty of a
misdemeanor.
(b)
Except
in cases where a different punishment is prescribed by this chapter
or the Penal Code of the state, any person convicted of a violation
of this chapter shall be punished by a fine of not more than five
hundred dollars, or by imprisonment not to exceed six months, or by
both such fine and imprisonment.
(c)
Each
person shall be guilty of a separate offense for each and every day
during any portion of which any violation of any provision of this
chapter is committed, continued or permitted by any such person, and
shall be punishable accordingly.
(Ord. 975 § 2, 1985)
