For the purposes of this chapter, the following terms shall
have the following meanings:
shall mean a game of chance in which prizes are awarded on
the basis of designated numbers or symbols on a card which conforms
to numbers or symbols selected at random. The game of bingo shall
include cards having numbers or symbols which are concealed and preprinted
in a manner providing for distribution of prizes.
shall be defined as any of the following:
Labor, agricultural or horticultural organizations exempted
from the payment of bank and corporation taxes by Section 23701a of
the state Revenue and Taxation Code;
Fraternal beneficiary societies, orders or organizations exempted
from payment of bank and corporation taxes by Section 23701b of the
state Revenue and Taxation Code;
Religious, charitable, scientific, literary, educational, amateur
sports or humanitarian organizations exempted from payment of bank
and corporation taxes by Section 23701d of the state Revenue and Taxation
Code;
Business leagues, chambers of commerce, real estate boards and
boards of trade exempted from payment of bank and corporation taxes
by Section 23701e of the state Revenue and Taxation Code;
Civic leagues, social welfare and employees' organizations exempted
from payment of bank and corporation taxes by Section 23701f of the
state Revenue and Taxation Code;
Nonprofit pleasure and recreation clubs exempted from payment
of bank and corporation taxes by Section 23701g of the state Revenue
and Taxation Code;
Domestic fraternal societies, orders or associations exempted
from payment of bank and corporation taxes by Section 23701l of the
state Revenue and Taxation Code.
(Prior code § 6344(a); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 18, 19, 1995)
1.
Games Permitted. Pursuant to Article IV, Section 19, of
the California Constitution and Section 326.5 of the California Penal
Code, this chapter authorizes the conduct of bingo games for charitable
purposes and in conformity with any other requirements imposed herein.
2.
Eligible Organizations. Only an eligible organization may
apply for a license to operate bingo games within the City of West
Hollywood.
3.
General Procedure. Notwithstanding any other provision of
this chapter, the provisions of this section shall control the licensing
of bingo games where in conflict.
(a)
Application Information. Any eligible organization shall file an
application for a business license to operate a bingo game with the
Director upon a form to be provided by the Director. Notwithstanding
any other provision of this chapter, the application shall specify
the following information:
(1)
The name, address and telephone number of the local applicant organization,
the nature of the organization, and a statement that the applicant
is an eligible organization as defined by this chapter;
(2)
The names and addresses of all officers and directors of the eligible
organization;
(3)
A list of the names of all members of the applicant organization
who will operate and staff bingo games, and the date they became members;
(4)
A detailed schedule of the date(s), hours, location(s) and occupancy
capacity of the prospective location(s) where each bingo game is to
be held;
(5)
A detailed description of the record system to account for the receipts,
prizes, expenses and profits of each bingo game;
(6)
The location and signatories of the special bank account(s) required
by this section;
(7)
The specific charitable purpose(s) which the bingo proceeds will
benefit;
(8)
Whether the maximum number of players at any time will be more than
one hundred;
(9)
A statement that the applicant agrees to conduct bingo games in strict
accordance with the provisions of Section 326.5 of the Penal Code
and this section as they may be amended from time to time, and agrees
that the license to conduct bingo games may be revoked upon violation
of any such provisions;
(10)
The address to which notice, when required, is to be sent or mailed,
and the names of any individual or individuals, in addition to those
set forth elsewhere in the application, who are authorized to accept
service of process on behalf of the licensee;
(11)
The signatures of at least two officers, including the presiding
officer of the eligible organization;
(12)
Any other information that the Director deems necessary.
(b)
Fees Required. The fee for a business license to operate bingo games shall be in the amount set forth in Section 5.04.130 but shall not exceed $50 annually for an initial license or a renewal. If an application for a license is denied, one-half of any license fee paid shall be refunded.
(c)
Contents of License. A business license to operate bingo games shall
include the following information:
(1)
The name and nature of the organization to whom the license is issued;
(2)
The address(es) or location(s) of the place(s) where bingo games
are authorized to be conducted. No more than two such locations shall
be authorized;
(3)
The occupancy capacity of the room(s) in which bingo games are to
be conducted;
(4)
The date of the expiration of such license;
(5)
Such other information as may be necessary or desirable for the enforcement
of the provisions of this chapter.
(d)
Notification of Changes in Application Information.
(1)
The licensee shall notify the Director in writing of the change of
any fact set forth in the licensee's application within five days.
(2)
The licensee shall notify the Director of any changes in the list
of members who will operate and staff bingo games.
(3)
Any notification required by subsections (d)(1) and (d)(2) of this
section shall be made in writing and served upon the Director in one
of the following methods:
(4)
The licensee shall retain in his or her records proof of service
of the notifications required by subsections (d)(1) and (d)(2) of
this section.
(Prior code § 6344(b); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 18, 19, 1995; Ord. 08-800 § 2, 2008)
1.
Games Open to Public. All bingo games conducted in the City
of West Hollywood shall be open to all members of the public.
2.
Hours of Operation. Each license granted pursuant to this
chapter shall allow the licensee to operate bingo games for only one
day during each week. Bingo games shall not be conducted for more
than six hours out of the twenty-four-hour period of each day. No
bingo game shall be conducted before 10:00 a.m. nor after 2:00 a.m.
of any day.
3.
Participants Must be Present to Play. 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.
4.
Use of Credit Prohibited. 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.
5.
No Admission Fees. No admission fee, purchase or donation
shall be required for entry onto the premises where the bingo game
is conducted.
6.
Location Restrictions.
(a)
A licensee shall conduct a bingo game only on property owned, rented
or leased by it, or property whose use is donated to the organization,
and which property is used by such organization 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, rented or leased by the organization be used or leased exclusively
by such organization. The license issued under this chapter shall
authorize the holder thereof to conduct bingo games only at the address(es)
which is/are stated in the application.
(b)
The owner of a specific facility rented, leased or donated to one
or more eligible organizations shall not allow use of the facility
for bingo games for more than one day per week per eligible organization
and in no event more than a combined total of three days per week.
7.
Occupancy Limit. 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 games are conducted,
as determined by the Fire Department and Building and Safety Division
in accordance with applicable laws and regulations. The licensee shall
not reserve seats or space for any person.
8.
License and Rules to be Posted. Before conducting a bingo
game, the licensee shall post its business license to operate the
bingo game in a conspicuous place at the public entrance to the property
on which the game is to be conducted. The licensee shall produce and
exhibit the same when applying for a renewal thereof, and whenever
requested to do so by any officer authorized to issue, inspect or
collect licenses or authorized to enforce the provisions of this chapter
or the West Hollywood Municipal Code. The licensee shall also post
the costs, prizes and rules of each game to be played adjacent to
the license during the conduct of the bingo game.
9.
List of Members Operating and Staffing Games. The licensee
shall have available on the premises the list of members operating
and staffing the game at all times during the conduct of games. In
the event the list is different than the list originally submitted
with the licensee's application for a license, proof of service of
the revised list shall be attached to the current list.
10.
Alcoholic Beverages Prohibited. Alcoholic beverages shall
not be served or consumed on the premises at which bingo games are
conducted during the hours of operation of a bingo game. No person
who is intoxicated shall be allowed to participate in a bingo game.
11.
Minors Not to Participate. No person under the age of eighteen
years of age shall be allowed to participate in any bingo game.
12.
Enforcement. The city, by and through its authorized personnel,
may conduct an examination or inspection of any premises in which
bingo games are conducted at any reasonable time for the purpose of
determining whether the licensee is complying with all of the provisions
of this chapter and all other applicable statutes, ordinances, rules
and regulations affecting the licensee or the business activity.
13.
Operation by Licensee.
(a)
A bingo game shall be operated, managed, staffed and advertised only by members of the licensee organization. Such members shall not receive a profit, wage or salary, or any other direct or indirect consideration from any bingo game except security personnel who are not members of the organization and may be paid by revenues pursuant to subdivision (1)(c)(2) of Section 5.24.040.
(b)
All staff members of bingo games shall wear on their outside clothing
an identification insignia or badge not less than two inches by three
inches in dimension, indicating the name and title of the staff member.
14.
Bingo Game Operators.
(a)
Every person employed by an eligible organization to operate bingo games shall apply for a bingo operator's license with the Director upon a form provided by the city. The employee shall not be required to pay a license fee in addition to that required of the employer. No person shall operate a bingo game on behalf or a licensed eligible organization until such application has been approved pursuant to the agency review prescribed by Section 5.08.060.
(b)
The application for a bingo operator shall contain the following
information:
(1)
The applicant's name, address and phone number;
(2)
Photographic identification and fingerprints of the applicant;
(3)
A record of the applicant's employment history for the last three
years; and
(4)
The name of the eligible organization by which he or she has been
employed to operate bingo games.
(Prior code § 6344(c); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 18, 19, 1995)
1.
Proceeds.
(a)
The proceeds derived from the operation of a bingo game shall be
used only for charitable purposes.
(b)
Organizations exempt from the payment of bank and corporation tax
pursuant to Section 23701d of the state Revenue and Taxation Code
shall keep all profits derived from a bingo game in a separate fund
or account which shall not be commingled with any other fund or account.
Such profits shall be used only for charitable purposes.
(c)
All other eligible organizations authorized to conduct bingo games
pursuant to this chapter shall keep all proceeds derived from a bingo
game in a special fund or account which shall not be commingled with
any other fund or account. Such proceeds shall be used only for charitable
purposes, except as follows:
(1)
Such proceeds may be used for prizes at authorized bingo games;
(2)
A portion of such proceeds, not to exceed ten percent of the proceeds
after the deduction of prizes, or $1,000 per month, whichever is less,
may be used for rental of property, including the purchase of bingo
equipment, administrative expenses, security equipment, and security
personnel.
(d)
All proceeds derived from any bingo game shall be deposited in a
special account as required by this chapter, within twenty-four hours
of the completion of the bingo game and shall not be commingled with
any other account or funds.
(e)
Prizes Awarded.
(1)
The total value of prizes awarded during the conduct of any bingo
game shall not exceed $250 in cash or kind, or both, for each separate
game which is held. All monetary or cash prizes shall be paid in the
form of a check drawn on a financial institution.
(2)
The licensee shall keep a record, on a form approved by the Director,
showing the name and written signature, the address, the telephone
number of the winner, and the consecutive serial number on the receipt
for the prize.
2.
Inspection of Records.
(a)
The licensee shall keep full and accurate records of the income and
expenses received and disbursed in connection with its operation,
conduct, promotion, or supervision of bingo games which are authorized
by this chapter. The city, by and through its authorized personnel,
may examine and audit such records at any reasonable time, and the
licensee shall fully cooperate with the city by making such records
available. Such examination may consist of, but is not limited to,
the actual counting or examination of players, bingo cards, and equipment,
records and funds.
(b)
The Business License Commission may demand a complete detailed accounting
of all income and expenses at any time for good cause. If the licensee
fails to render such an accounting within the time limit set by the
Commission, the bingo license shall be temporarily suspended until
such accounting is rendered.
(Prior code § 6344(d); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 18, 19, 1995)
1.
Terms of Bond. Every applicant eligible organization shall,
as a condition of the issuance of a bingo license, maintain a bond,
in the sum of $5,000, with the Director, running to the city for the
use and benefit of interested persons and parties, executed by the
applicant eligible organization and a surety company authorized to
do business in the state of California.
In lieu of such bond, the applicant eligible organization may
assign to the city savings and loan certificates or a cashier's check
totaling $5,000.
The bond or assignment shall be required to ensure strict compliance
by the applicant eligible organization, with the provisions of this
chapter and any other applicable statutes, rules, regulations or ordinances
and to ensure the repayment of any direct pecuniary loss sustained
through any act of grand or petty theft or any other wrongful act
on the part of any principal, employee or operator of any bingo game.
2.
Action Upon the Bond. Any person who sustains any injury
covered by the bond described in this section may, in addition to
any other remedy which that person may have, bring an action in his
or her own name upon the bond for the recovery of any damage sustained.
The bond shall continue in effect and may be sued upon from time to
time until the whole of the penalty shall be exhausted. The Business
License Commission may require the filing of a new bond, as provided
for in this section. Upon failure to file a new bond within ten days,
the Business License Commission shall forthwith suspend the bingo
license and any related bingo operator licenses.
3.
Action On the Assignment. In lieu of a bond, an applicant
assigns to the city savings and loan certificates or a cashier's check,
the applicant shall agree in writing that if the Business License
Commission finds that any person sustains any pecuniary loss through
any act of grand or petty theft or other wrongful act on the part
of the eligible organization, employee or bingo operator, the city
may redeem a sufficient number of such certificates or may deposit
the cashier's check and, from the proceeds, reimburse such person
for loss sustained. The Business License Commission may require the
assignment of additional funds as provided in this chapter. Upon failure
to make such assignment within ten days, the Commission shall suspend
the bingo license and any related bingo operator licenses.
(Prior code § 6344(e); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 18, 19, 1995; Ord. 08-800 § 2, 2008)
