Notwithstanding any other provisions of this code, this chapter is adopted pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions in the following sections of this chapter and Section 326.5 of the Penal Code. This chapter is not intended to authorize the playing of any game or combination of games otherwise prohibited by this code, State or local law.
(Ord. 557 § 3, 2019)
The following words and phrases, when used in this title, have the meanings in this section unless, from the context, a different meaning is intended or specifically defined:
"Authorized organization"
is an organization exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701w, and 23701l of the Revenue and Taxation Code. Authorized organization also includes a senior citizens organization, a mobile home park association, charitable organizations affiliated with a school district, but only if the receipts of those games are used only for charitable purposes.
"Bingo"
is a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player's possession and that conform to numbers or symbols selected at random and announced by a live caller. The game of bingo also includes cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards must not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards must bear the legend "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance."
(Ord. 557 § 3, 2019)
It is unlawful for any person, or for any person as agent, clerk or employee, within the corporate limits of the City to offer a bingo game or games without first having procured a business license required by Chapter 4.02 and a regulatory permit required by Chapter 4.03.
A person who is a member of an authorized organization and is acting on behalf of such authorized organization must apply for and obtain a business license and regulatory permit not fewer than 10 days prior to the proposed date of the bingo game or games. In addition to other information required by this title, the application must provide at least the following information:
A. 
A list of all persons who will operate the bingo game, including full names of each member, date of birth, and driver's license number or other State- or Federal-issued identification number;
B. 
The date(s) and place(s) of the proposed bingo game or games;
C. 
Proof that the organization is an authorized organization as defined by this title; and
D. 
Proof that the proposed bingo game(s) will be operated on property owned or leased by or donated to the authorized organization.
(Ord. 557 § 3, 2019)
A. 
The term of a bingo regulatory permit must not exceed one year.
B. 
The fee for a business license and regulatory permit to conduct bingo activities must be consistent with Section 326.5 of the Penal Code.
(Ord. 557 § 3, 2019)
A. 
An authorized organization may conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by that organization for an office or for performance of the purposes for which the organization is organized. Nothing in this section may be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.
B. 
No minors are permitted in any playing area of a bingo game or to participate in any bingo game.
C. 
All bingo games must be open to the public, not just to the members of the authorized organization.
D. 
A bingo game must be operated and staffed only by members of the authorized organization. Such members must be approved by the Sheriff during issuance of the regulatory permit. If, after the license and permit have been issued, the authorized organization submits additional names for approval, the application for approval must be accompanied by a fee as established by resolution of the City Council, no part of which will be refundable, and which will be used to defray the cost of investigation. Such members may not receive a profit, wage or salary from any bingo game.
E. 
No individual, corporation, partnership, or other legal entity except the authorized organization may hold a financial interest in the conduct of such bingo game.
F. 
With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo game must be kept in a special fund or account and must not be commingled with any other fund or account. Such profits must be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games, all proceeds derived from a bingo game must be kept in a special fund or account and must not be commingled with any other fund or account. Such proceeds must be used only for charitable purposes, except as follows:
1. 
Such proceeds may be used for prizes.
2. 
A portion of such proceeds, not to exceed 20% of proceeds before the deduction for prizes, or $2,000.00 per month, whichever is less, may be used for the rental of property, overhead, including the purchase of bingo equipment, administrative costs, security equipment, and security personnel.
3. 
Such proceeds may be used to pay license and permit fees.
G. 
Within 30 days after the bingo game is held, the applicant must file with the issuing officer a full and complete financial statement of all moneys collected, disbursed and the amount remaining for charitable purposes.
H. 
No person may participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.
I. 
The total value of prizes available to be awarded during the conduct of any bingo games must not exceed $500.00 in cash or kind, or both, for each separate game which is held.
J. 
No bingo game may be conducted between the hours of midnight and 8:00 a.m.
K. 
The permittee may conduct bingo on not more than three days during any seven-day period. Once during each year the issuing officer may permit a permittee to conduct bingo games for more than three days during any seven-day period; provided, that such permission will be limited to bingo games which will be conducted in conjunction with an established annual event regularly held by the permittee.
(Ord. 557 § 3, 2019)
Any peace officer of the City has free access to any bingo game permitted under this chapter. The permittee must have the bingo permit and lists of approved staff available for inspection at all times during any bingo game.
(Ord. 557 § 3, 2019)