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.
(Ord. 1266 § 2, 2019)
Bingo may be lawfully played in the City of San Dimas pursuant
to the provisions of Section 19, Article IV of the State Constitution
and Penal Code Sections 326.3 and 326.5. The game of bingo may be
played within the city, but only under the conditions set forth in
the Penal Code and this chapter; to the extent it is consistent with
state law.
(Ord. 1266 § 2, 2019)
Bingo games may be conducted within this city by organizations
licensed by the city and which are exempt from the payment of the
bank and corporation tax by Sections 23701 (a), (b), (d), (e), (f),
(g), (k), (l) or (w) of the Revenue and Taxation Code, and by mobile
home park associations, senior citizens organizations, and charitable
organizations affiliated with a school district—provided that
the proceeds of such games are used only for charitable purposes;
and provided further that a permit obtained as provided for herein.
(Ord. 592 § 1, 1977; Ord. 1266 § 2, 2019)
The application shall be upon a form prescribed by the finance
division, shall be personally signed by three officers of the non-profit
charitable organization or by a person specifically authorized for
that purpose by the organization, be accompanied by a copy of the
articles of incorporation or other evidence of the charitable nature
of the organization and a certificate issued by the State Franchise
Tax Board and the United States Collector of Internal Revenue certifying
to the exempt status of the non-profit organization.
(Ord. 1266 § 2, 2019)
The application shall be accompanied by a non-refundable permit
fee in the amount of twenty-five dollars which is the amount determined
by the city council to be the actual cost of verifying the information
in the application and issuing the permit. The permit shall not be
issued until the finance division has verified the facts stated in
the application and has determined that the applicant meets the requirements
of this chapter and is entitled to the permit.
(Ord. 1266 § 2, 2019)
Any permit issued pursuant to this chapter shall be subject
to the conditions contained in Section 326.5 of the Penal Code and
this chapter and shall be valid for a period of one year. The permit
can only be renewed upon the filing of a new application and the payment
of the permit fee.
(Ord. 1266 § 2, 2019)
Each permit issued pursuant to this chapter shall be issued
subject to the following conditions:
A.
No
minor shall be allowed to participate in any bingo game.
B.
A
bingo game shall be only conducted on property owned or leased by
the non-profit charitable organization which holds a valid permit
issued pursuant to this chapter and which property is used by such
organization for an office or for the performance of the purposes
for which the organization is organized. The property shall have been
owned or leased and occupied by the non-profit charitable organization
for a period of at least six months prior to the date of the application
for the permit.
C.
All
bingo games shall be open to the public and not limited to the members
of the non-profit charitable organization.
D.
A
bingo game shall be operated and staffed only by members of the non-profit
charitable organization which holds a valid permit issued pursuant
to this chapter. No member of the non-profit charitable organization
shall receive a profit, wage or salary from any bingo game. Only the
organization holding a valid permit to conduct a bingo game shall
operate such game or participate in the promotion, supervision or
any other phase of such game.
E.
No
individual, corporation, partnership or other legal entity except
the organization holding a valid permit issued pursuant to this chapter
is authorized to conduct a bingo game or to have a financial interest
in the conduct of such a game.
F.
With
respect to organizations exempt from payment of the bank and corporation
tax by Revenue and Taxation Code Section 23701d, 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 funds may be
expended only for the use and benefit of such charitable organization,
except as follows:
1.
Such proceeds may be used for prizes.
2.
A portion of such proceeds, not to exceed twenty percent of the proceeds
before the deduction for prizes or two thousand dollars per month,
whichever is less, may be used for rental of property; overhead, including
the purchase of bingo equipment and administrative expenses; and the
hiring of security personnel.
3.
Such proceeds may be used to pay permit fees.
At the time of the application for the renewal of a permit,
the finance division may require the applicant to file with him 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 the games including
the amounts paid out in connection therewith, the amount deposited
in the special fund and any expenditures made from the special fund.
No renewal permit shall be issued until a copy of the audit report
is filed with the finance division if the filing of such a report
is required.
G.
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.
The
total value of prizes awarded during the conduct of any bingo game
shall not exceed two hundred fifty dollars in cash or kind or both
for each separate game which is held.
I.
The
non-profit charitable organization to which a permit to operate a
bingo game is issued pursuant to this chapter shall be responsible
to see that the conditions contained in this chapter are complied
with by the organization, its officers and members. Any violation
of one or more of the conditions of the permit shall constitute cause
for its revocation by the city council. If requested to do so by the
organization, the city council shall hold a public hearing before
revoking any permit issued pursuant to this chapter.
J.
The
non-profit charitable organization to which a permit is issued shall
not be allowed to conduct bingo games more frequently than one time
in any seven-day period unless the city manager approves a special
permit to do so. Said special permit shall only be issued if the city
manager determines that:
1.
A similar request for a special permit was not approved within the
preceding twelve-month period;
2.
The occasion for which the special permit is requested is part of
a special event of the permittee; and
3.
The special permit, if issued, may provide for the conduct of bingo
games on not more than three consecutive nights.
K.
No
organization shall conduct bingo games between the hours of ten p.m.
and seven a.m.
(Ord. 544 § 1, 1976; Ord. 625 § 1, 1978; Ord. 1266 § 2, 2019)
