as used in this chapter, 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
which game is either:
Conducted among persons any or all of whom have paid or promised
to pay, any valuable consideration for the right to participate in
such game; or
Conducted among persons none of whom has paid, or promised to
pay, any valuable consideration for the right to participate where
the total value of the prizes awarded in such game exceeds $25.00.
(2102-9/76, 2220-10/77, 2446-9/80)
No person shall conduct any bingo game within the City of Huntington
Beach without first obtaining a permit to do so from the City pursuant
to this chapter. Any person conducting a bingo game without a permit
to do so as required by this chapter shall be guilty of a misdemeanor.
(2220-10/77)
No person shall be eligible for a bingo permit unless such person
is a mobile home park association or a senior citizens organization
or is an organization exempt from the payment of the bank and corporation
tax by any one of the following: Sections 23701(a), 23701(b), 23701(d),
23701(e), 23701(f), 23701(g) or 23701(l) of the California Revenue
and Taxation Code; and provided that the proceeds of such games are
used only for charitable purposes.
(2102-9/76, 2220-10/77)
Eligible organizations desiring to obtain such permit to conduct
bingo games in the City of Huntington Beach shall file an application
in writing therefor in the office of the license supervisor on a form
to be provided by the license supervisor. The issuing authority shall
be the City Manager.
(2102-9/76, 2220-10/77)
No permit shall be issued to any organization unless such applicant is an eligible organization under Section 326.5 of the California Penal Code and Section 5.64.020 of this chapter and its application conforms to the requirements, terms and conditions of this chapter.
(2102-9/76, 2220-10/77)
Said application for a permit shall contain the following:
A.
The name of the applicant organization and a statement that applicant is an eligible organization under Section 5.64.020.
B.
The
name and signature of at least two officers, including the presiding
officer, of the organization.
C.
The
particular property within the City of Huntington Beach, 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 load as noted on the certificate
of occupancy issued for such property. Nothing in this chapter shall
be construed to require that the property owned or leased by the organization
be used or leased exclusively by such organization.
D.
Proposed
days of week and hours of day for conduct of bingo games.
E.
That
the applicant agrees to conduct bingo games in strict accordance with
the provisions of Section 326.5 of the Penal Code and this chapter
as they may be amended from time to time, and agrees that the permit
to conduct bingo games may be revoked by the City Manager upon violation
of any of such provisions.
F.
Said
application shall be signed by the applicant under penalty of perjury.
G.
An annual
permit fee fixed by the City Council by resolution shall accompany
the application. The annual fee, whether for the initial permit or
renewal shall not exceed $50.00. If an application for a license is
denied, one-half of any license fee paid shall be refunded to the
organization.
H.
The
applicant shall also submit, with its application, written proof that
it is a mobile home park association or a senior citizens organization
or written proof from the state franchise board that it is an organization
exempt from the payment of the bank and corporation tax by any one
of the following: Sections 23701(a), 23701(b), 23701(d), 23701(e),
23701(f), 23701(g) or 23701(l) of the Revenue and Taxation Code of
the State of California. Such written proof must be in a form acceptable
to the City of Huntington Beach.
(2102-9/76, 2220-10/77)
Upon receipt of the completed application and the fee, the Finance
Director shall refer the same to interested departments of the City,
including but not limited to the City Manager, Police Department,
and the Fire Department for investigation as to whether or not all
the statements in the application are true and whether or not the
property of the applicant qualifies, and the extent to which it qualifies,
as property on which bingo games may lawfully be conducted as to fire,
occupancy and other applicable restrictions.
(2102-9/76, 2220-10/77)
Upon being satisfied that the applicant is fully qualified under
law to conduct bingo games in the City of Huntington Beach, the City
Manager shall issue a permit to said applicant, which shall contain
the following information:
A.
The
name and nature of the organization to whom the permit is issued.
B.
The
address where bingo games are authorized to be conducted.
C.
The
occupancy load is noted on the certificate of occupancy issued for
the property in which bingo games are to be conducted.
D.
The
date of the expiration of such permit.
E.
Such
other information as may be necessary or desirable for the enforcement
of the provisions of this chapter.
(2102-9/76, 2220-10/77)
A.
Whenever
it appears to the City Manager that the permittee is conducting a
bingo game in violation of any of the provisions of this chapter,
the City Manager shall have the authority to suspend the permit and
order the permittee to cease and desist immediately any further operation
of any bingo game.
(2102-9/76, 2220-10/77)
The procedure for appeal following suspension of permit is as
follows:
A.
Within
seven days after the receipt of the notice of suspension, the applicant
shall file a notice of appeal with the City Clerk, addressed to the
City Council, and stating the basis of the appeal.
B.
The
City Clerk shall schedule a hearing to be held within 15 days of the
filing of the notice of appeal. The City Clerk shall cause the applicant
to be given notice of the hearing by certified mail at least five
days in advance of the date of the hearing. The applicant, or his
or her designated representative, may appear before the City Council,
and make an oral presentation of the appeal, or he or she may make
the appeal through a written statement, or he or she may do both.
The City Council shall rule on the appeal within 15 days after it
is heard and such ruling shall be final.
(2102-9/76, 2220-10/77)
The total value of prizes awarded during the conduct of any
bingo game shall not exceed $250.00 in cash or kind, or both, for
each separate game which is held.
(2102-9/76, 2220-10/77)
With respect to organizations exempt from payment of the bank
and corporation tax by Section 23701(d) of the Revenue and Taxation
Code, 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 profits shall be used only for charitable purposes.
With respect to other organizations authorized to conduct bingo games
pursuant to this section, all proceeds 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 proceeds shall be used only for charitable
purposes, except as follows:
A.
Such
proceeds may be used for prizes.
B.
A portion
of such proceeds, not to exceed 20% of the proceeds before the deduction
for prizes, or $2,000.00 per month, whichever is less, may be used
for rental of property, overhead, including the purchase of bingo
equipment, administrative expenses, security equipment, and security
personnel.
|
The City of Huntington Beach, by and through its authorized
officers, shall have the right to examine and audit all books and
records of any permittee hereunder at any reasonable time and permittee
shall fully cooperate with the City of Huntington Beach by making
such books and records available.
|
(2102-9/76, 2220-10/77, 3190-5/93, 3704-5/05)
All disbursements from the special bingo fund or account shall
be by consecutively-numbered checks, signed by two authorized officers
of the permittee organization and shall be payable to a specific individual
or organization. There shall be written on each check the nature of
the expenditure for which the check is drawn. No checks shall be payable
to "cash" except those written to establish and maintain a petty cash
fund which shall contain no more than $25.00 at any time. The check
shall be marked "For deposit to petty cash fund." Any disbursement
from the petty cash fund shall be evidenced by a receipt showing the
amount, reason for disbursement, and the name of the individual or
organization receiving the money.
(2694-7/84)
No individual, corporation, partnership, or other legal entity
except the permittee, shall hold a financial interest in the conduct
of such bingo game.
(2102-9/76, 2220-10/77)
A.
A bingo
game shall be operated and staffed only by members of the permittee
organization. Such members shall not receive a profit, wage or salary
from any bingo game. Only the permittee shall operate such game, or
participate in the promotion, supervision, or any other phase of such
game.
B.
One
member of the permittee organization shall be designated as the "bingo
manager," and shall be responsible for the conduct and operation of
bingo games, and for compliance with all applicable laws, rules and
regulations promulgated thereunder.
C.
All
staff members of permittee organization shall wear on the outside
of their clothing an identification tag or badge, not less than 2
1/2″ x 3 1/2″ in dimension, bearing the name of the staff member and
the permittee organization.
(2102-9/76, 2220-10/77, 2694-7/84)
All bingo games shall be open to the public, not just to the
members of the permittee organization.
(2102-9/76, 2220-10/77)
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 Community Development Department of the City of Huntington Beach
in accordance with applicable laws and regulations. Permittee shall
not reserve seats or space for any person.
(2102-9/76, 2220-10/77)
A permittee shall conduct a bingo game only on property owned
or leased by it, and which property is used by such organization for
an office or for performance of the purposes for which the organization
is organized. The permit 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 permittee is organized, the permit shall
have no further force or effect. A new permit 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. Nothing in
this chapter shall be construed to require that the property owned
or leased by the organization be used or leased exclusively by such
organization.
(2102-9/76, 2220-10/77)
No person under the age of 18 years shall be allowed to participate
in any bingo game.
(2102-9/76, 2220-10/77)
No person who is obviously intoxicated shall be allowed to participate
in a bingo game.
(2102-9/76, 2220-10/77)
No permittee shall conduct bingo games on more than one day
during any seven-day period, or more than six hours out of any 24
hours during such seven-day period; provided, however, that one week
each year, a permittee, upon written application to the City License
Division, filed 30 days prior to the first bingo game, after approval
thereof, may conduct games either three days during one seven-day
period, or one game for no more than 12 hours. Operation shall otherwise
be in compliance with this chapter. No bingo games shall be conducted
between 2:00 a.m. and 10:00 a.m. of any day.
(2102-9/76, 2220-10/77, 2446-9/80, Ord. 2728-9/84,
3137-6/92)
No person shall be allowed to participate in a bingo game unless
the person is physically present at the time and place at which the
bingo game is being conducted.
(2102-9/76, 2220-10/77)
