Notwithstanding the provisions of Sections 10.12.010 through 10.12.030, the county is authorized pursuant to Section 19, Article IV of the California Constitution and Section 326.5 of the California Penal Code to provide for, and does provide for bingo games, but only for charitable purposes in accordance with the provisions of this chapter.
(Prior code §4-3)
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.
(Prior code §4-8)
No person, firm, corporation, organization, or association shall engage in, carry on, maintain, conduct, or cause to be engaged in, carried on, maintained or conducted a bingo game in the county without first having secured a license from the treasurer-tax collector in accordance with the requirements of this chapter, nor without complying with Section 326.5 of the California Penal Code, the regulations contained in this chapter pertaining to the operation of bingo games, and other applicable laws and regulations.
(Prior code §4-4(a); Ord. NS 1095 §1, 1982)
Organizations exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code and mobile home park associations and senior citizens organizations are eligible to apply to the county for the license to conduct bingo games in the county under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter; provided, that the profits of such games are used only for charitable purposes.
(Prior code §4-4(b); Ord. NS 1095 §1, 1982)
Applications for a license to conduct bingo games pursuant to this chapter shall be executed under penalty of perjury and submitted to the treasurer-tax collector of the county on forms to be obtained from the treasurer-tax collector upon payment to the treasurer-tax collector of the license fee prescribed in subsection F of Section 6.08.070. The license issued shall be for a term of one year from the date of issuance, subject to renewal and payments of the monthly additional fee as set forth in Section 6.08.280.
(Prior code §4-4(c); Ord. NS 1095 §1, 1982; Ord. CS 559 §1, 1994)
The application for a license shall contain the following:
A. 
The name of the applicant organization and a statement that applicant is an eligible organization under Section 6.08.040;
B. 
The name and signature of at least two officers, including the presiding officer, of the corporation or community chest and the trustee of any trust;
C. 
A list of names of members of the applicant organization who will, from time to time, operate and staff bingo games;
D. 
The particular property within the county including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place;
E. 
Proposed days of week and hours of day for conduct of bingo games;
F. 
The annual license application fee fixed by the board of supervisors by resolution shall accompany the application;
G. 
The applicant shall also submit with its application, a letter or other evidence from the State Franchise Tax Board showing that the applicant is exempted from the payment of bank and corporation tax by those sections enumerated in Section 6.08.040 or in the case of mobile home park associations and senior citizens organizations, a copy of the bylaws of such association or organization showing that the organization is a bona fide mobile home park association or a senior citizens organization respectively;
H. 
A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the California Penal Code and this chapter, as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the county upon violation of any of such provisions;
I. 
The application shall be signed by the applicant under penalty of perjury.
(Prior code §4-4(e); Ord. NS 1095 §1, 1982; Ord. CS 559 §2, 1994)
Upon receipt of the completed application, the treasurer-tax collector shall refer the application to the sheriff who shall make an investigation to determine if all of the statements in the application are true and shall refer the application to other interested departments of the county, including, but not limited to, the director of planning and community development, director of building inspection, the county health officer and fire marshal to determine if the appropriate zoning ordinances and regulations, building code ordinances, health ordinances and regulations, and the provisions of the Uniform Fire Code have been complied with.
(Prior code §4-4(f); Ord. NS 1095 §1, 1982)
Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the county, the treasurer-tax collector shall issue a license to the applicant, which shall contain the following information:
A. 
The name and nature of the organization to whom the license is issued;
B. 
The address where bingo games are authorized to be conducted;
C. 
The occupancy capacity of the room in which bingo games are to be conducted;
D. 
The date of the expiration of the license;
E. 
Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.
(Prior code §4-4(g); Ord. NS 1095 §1, 1982)
An organization licensed pursuant to this chapter shall not conduct or permit to be conducted a bingo game unless the license is posted in a conspicuous place during the same, when applying for renewal thereof, and whenever requested to do so by any peace officer or officer authorized to issue, inspect or collect licenses.
(Prior code §4-4(h); Ord. NS 1095 §1, 1983)
A. 
Whenever it appears to the sheriff that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the sheriff shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.
B. 
Any person who continues to conduct a bingo game after any summary suspension thereof under subsection A shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable as set forth in Section 1.36.010.
C. 
The order issued under subsection A shall also notify the licensee that it shall have five days from the date of the order to request a hearing to determine whether the license shall be revoked. Failure to request in writing the hearing before the sheriff within said five-day period shall result in a revocation of the license.
D. 
Upon such request by the licensee, whose license has been suspended under subsection A, for a hearing to determine whether the license shall be revoked, the sheriff shall provide the hearing within ten days after receipt of the request at which hearing the suspended licensee may appear before the sheriff for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of the hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation.
E. 
Any organization whose license is revoked under this section shall not conduct any bingo game in the county until such time as the board of supervisors, on appeal, determines to overrule the decision of the sheriff.
(Prior code §4-5; Ord. CS 705 §8, 1999)
A. 
Whenever it appears to the sheriff that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered under Section 6.08.110, the license may be revoked; provided, however, the licensee may appear before the sheriff at the time fixed by the sheriff, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the revocation.
B. 
Any organization whose license is revoked under this section shall not conduct any bingo game in the county until such time as the board of supervisors, on appeal, determines to overrule the decision of the sheriff.
(Prior code §4-6)
A. 
Any holder of a license whose license is revoked under this chapter shall have the right, within ten days after receiving notice in writing of the revocation, to file a written appeal to the board of supervisors. Such appeal shall set forth the specific ground or grounds on which it is based. The board of supervisors shall hold a hearing on the appeal within thirty days after its receipt by the county or at a time thereafter agreed upon and shall cause the appellant to be given at least ten days written notice of the hearing. At the hearing the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his appeal. The determination of the board of supervisors on the appeal shall be final.
B. 
Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the county for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.
(Prior code §4-7)
The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held.
(Prior code §4-8(a))
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. All profits shall be distributed to or for the benefit of the charitable purposes for which the licensee is organized. The licensee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this chapter. The county, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time, and licensee shall fully cooperate with the county by making such record available.
(Prior code §4-8(b))
A bingo game shall be operated and staffed only by members of the licensee organization whose names shall have been previously given to the treasurer-tax collector in accordance with subsection C of Section 6.08.070. Such members shall at all times during the conduct and operation of any bingo game be conspicuously identified by a name tag or other appropriate means, as members, and shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate the game or participate in the promotion, supervision or any other phase of the game.
(Prior code §4-8(d))
Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the fire department and building inspection department of the county in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.
(Prior code §4-8(f))
A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by the organization for an office or the performance of the purposes of which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.
(Prior code §4-8(g))
No licensee shall issue chips or money to a patron on credit or loan (including but not limited to IOU's and checks to be held) or allow any patron to play on credit.
(Prior code §4-8(i))
No licensee shall conduct any bingo game more than six hours out of any twenty-four-hour period. No bingo game shall be conducted before nine a.m. nor after two a.m. of any day.
(Prior code §4-9)
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.
(Prior code §4-9(b))
It is a misdemeanor under Section 326.5 of the Penal Code(b) of the state for any person to pay or receive a profit, wage, or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the county.
(Prior code §4-9(c))
In addition to the license application fee, a permittee shall pay a fee of one percent of the monthly gross receipts derived from bingo in excess of five thousand dollars. This additional fee shall be paid monthly to the treasurer-tax collector. The subsequent annual license renewal fee shall be reduced by an amount equal to the monthly additional fees that were paid during the preceding year, up to a maximum of fifty dollars.
(Ord. CS 559 §3, 1994)