For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
"Bingo"
means a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by a 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. Bingo as provided in this chapter shall not mean remote caller bingo as permitted pursuant to Chapter 5.40 of this code.
"Card-minder device"
means any hand-held, portable bingo card-minding device that complies with the provisions of this chapter and applicable State law and regulations.
"License"
means that license as required by this chapter.
"Licensee" or "licensee organization"
means an organization possessing a current, valid license pursuant to this chapter.
"Organization"
means a mobile home park association, senior citizens organization, a charitable organization affiliated with a school district or any group, association or corporation 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.
"Pull tab bingo"
means a game of a bingo with tangible cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes.
(Prior code § 5A.1)
No bingo game shall be allowed unless a license is first obtained from the City. Licenses shall be effective only for a calendar year or part thereof in which issued. A new license shall only be obtained upon filing a new application and payment of the license fee, if any. The fact that a license has previously been issued to an organization creates no vested right on the part of the licensee to receive another license or to continue to operate a bingo game.
(Prior code § 5A.2)
A. 
An application for a bingo license shall be filed in the office of the Community Development Director, shall be signed and verified by the applicant, and shall set forth the following information:
1. 
The name and address of the organization to which the license will be issued;
2. 
The name, address and telephone number of the applicant, who shall be the duly authorized representative of the applying organization;
3. 
The name, address and telephone number of the president or chief officer of the applying organization;
4. 
The name, address and telephone number of the person who has custody of the financial records of bingo games, which records are required by the provisions of this chapter;
5. 
The location where such bingo games are to be held and the specific dates upon which such games are to be conducted and the hours thereof;
6. 
A schedule of fees or charges to be collected from players for each bingo game or for different varieties of bingo games to be conducted, and the dollar amount or value of the prizes to be awarded for each separate game.
7. 
Any other information reasonably necessary to permit the Community Development Director to determine that the bingo operation and games will be conducted in compliance with this chapter and all applicable State laws and regulations.
B. 
Each such application shall be accompanied by a written resolution of the governing board or body of the organization, signed by the president or chief officer of said organization, authorizing the application for a bingo license and stating the authorization for the organization to conduct bingo games.
(Prior code § 5A.3)
A. 
All applications for bingo licenses or renewals of bingo licenses shall be accompanied by a fee of $50.00 or the amount specified in Penal Code Section 326.5(l)(2), whichever is greater. If an application for a license or renewal of a license is denied, one-half of the fee paid shall be refunded to the organization.
B. 
The Community Development Director shall verify that:
1. 
The organization applying is authorized to conduct bingo games as set forth in this chapter;
2. 
The proposed bingo games will comply with the provisions of this chapter and all applicable State law and regulations.
C. 
The Community Development Director shall forward the application to the Chief of Police who shall verify that:
1. 
The conduct of such bingo games at the times and the place indicated will not disturb the peace of the neighborhood and will not create substantial traffic or parking problems; and
2. 
Neither the applying organization nor any person listed in the application has violated any laws or regulations of the City regarding building, fire, health or safety, and that the applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statement of facts in the application, or in any of the documents required in conjunction with the application.
(Prior code § 5A.4)
A. 
Licenses shall be granted only to organizations as defined in this chapter.
B. 
The Community Development Director shall not issue a license to any applicant if the Community Development Director or Chief of Police cannot certify any one of the findings required by this chapter to be made, or if it appears from the application that the conduct of such games would be in violation of any of the terms, conditions and requirements of this chapter.
(Prior code § 5A.5)
A. 
Licensees shall keep and maintain full records and accountings and shall detail the amount of money obtained from players, the amount of money or value of prizes given for each game played and the disposition of any funds generated by the conduct of bingo games.
B. 
The City shall have the right to inspect such records at any reasonable time and the Community Development Director may request said records when the licensee applies to renew its annual license.
C. 
The City shall also have the right to attend or observe any bingo game to ensure compliance with this chapter and all applicable laws and regulations.
(Prior code § 5A.6)
A. 
It is a misdemeanor, punishable by a fine not to exceed $10,000.00, for any person to receive or pay a profit, wage or salary from any bingo game. A violation of any other provision of this section is a misdemeanor.
B. 
No minors shall be allowed to participate in any bingo games.
C. 
A licensee shall conduct bingo games only on property owned or leased by it, or property where use is donated to the organization and which property is used by such organization for any 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 be used exclusively by, or donated exclusively to, such organization.
D. 
All bingo games shall be open to the public and shall not be limited to just the members of the licensee organization.
E. 
A bingo game shall be operated, staffed, promoted, conducted and supervised only by members of the licensee organization and such members shall receive no profit, wage or salary from any such bingo game. This subdivision does not preclude the employment of security personnel, who are not members, at such bingo games.
F. 
No individual, corporation, partnership or other legal entity except the licensee organization shall hold a financial interest in the conduct of any bingo game.
G. 
With respect to organizations exempt from payment of the bank and corporation tax by Section 2370(1)(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 chapter, 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:
1. 
Such proceeds may be used for prizes.
2. 
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 the rental of property, overhead (including the purchase of bingo equipment), administrative expenses, security equipment and security personnel.
3. 
Such proceeds may be used to pay license fees.
H. 
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.
I. 
The total value of prizes awarded during the conduct of any bingo game shall not exceed $500.00 or the amount specified in Penal Code Section 326.5(n), whichever is greater, in cash or kind, or both, for each separate game which is held.
J. 
All pre-printed bingo cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." Only a covered or marked tangible card possessed by a bingo player and presented to a licensee's attendant may be used to claim a prize.
K. 
All equipment used in bingo games shall comply with the provisions of this chapter, including Sections 5.32.090 and 5.32.100.
L. 
The conduct and operation of all bingo games shall comply with all applicable State laws and regulations, expressly including, but not limited to, regulations adopted as required by applicable Federal and State law to assist disabled players in participating in bingo games. This subsection does not and shall not be construed to permit any bingo games, operations or equipment in violation of Penal Code Section 326.5 or other applicable law or regulation.
M. 
Licensees shall pay a monthly law enforcement and public safety fee. This fee shall be prescribed by a resolution of the City Council, for law enforcement and public safety costs incurred by the City that are directly related to bingo activities and shall be collected monthly by the City. This fee shall not exceed the City's actual costs incurred in providing applicable law enforcement and public safety services.
N. 
Pull tab bingo may be conducted by licensees at any time.
(Prior code § 5A.7)
In addition to the criminal penalties provided by this chapter, violation of any provision of this chapter is a public nuisance which may be abated by the City. The City may bring an action to enjoin any violation of this chapter.
(Prior code § 5A.8)
A. 
No electronics or video displays shall be used in connection with bingo games except the following:
1. 
Electronics or video displays used in connection with the bingo caller's drawing of numbers or symbols;
2. 
Electronics or video displays used to publicly display the drawn numbers or symbols; or
3. 
A card-minder device permitted pursuant to Section 5.32.100.
B. 
This section shall not be construed to authorize any bingo equipment prohibited by Penal Code Section 326.5(p), the provisions of this chapter, Penal Code Section 326.5 generally, or any other applicable Federal, State or local law or regulation.
(Prior code § 5A.9)
A. 
Bingo players may use hand-held, portable card-minder devices to assist in monitoring the numbers or symbols announced by a live caller as those numbers or symbols are called in a live game. Card-minder devices shall not be used in any game where a bingo card is sold or distributed after the start of that bingo game.
B. 
All card-minder devices shall do all of the following:
1. 
Be capable of storing in the memory of the device bingo faces from tangible cards purchased by a player;
2. 
Provide a means for bingo players to input manually each individual number or symbol announced by a live caller;
3. 
Compare the numbers or symbols entered by the player to the bingo faces previously stored in memory for the device; and
4. 
Identify winning bingo patterns that exist on the stored bingo faces.
C. 
A card-minder device shall neither perform a function involving the play of the game other than those described in subsection B of this section, nor do any of the following:
1. 
Be capable of accepting or dispensing any coins, currency or other representative of value or on which value has been encoded;
2. 
Be capable of monitoring any bingo card face other than the faces of the tangible card or cards purchased by the player for that game;
3. 
Display or represent the game result through any means including, but not limited to, video or mechanical reels or other slot machine or casino game themes, other than highlighting the winning numbers or symbols marked or covered on the tangible bingo cards or giving an audio alert that the player's card has a prize winning pattern; or
4. 
Determine the outcome of any game or be physically or electronically connected to any other bingo equipment, including, but not limited to, the ball call station, or to any card other card minding device. No other player-operated or player-activated electronic or electromechanical device or equipment is permitted to be used in connection with a bingo game.
D. 
Notwithstanding subsections B and C of this section, only those card-minder devices that comply with applicable State law and regulations and have been approved by the California Gambling Control Commission may be used in any bingo game.
(Prior code § 5A.10)
Obtaining a license pursuant to this chapter does not excuse the licensee from complying with all applicable zoning and land use laws and regulations, expressly including, but not limited to, the Zoning Ordinance.
(Prior code § 5A.11)
A. 
Whenever it appears to the Chief of Police that the licensee:
1. 
Made a false statement on the license application; or
2. 
Is conducting a bingo game in violation of any of the provisions of this chapter; or
3. 
Is violating any of the provisions of Penal Code Section 326.5 or other applicable State or law regulation, the Chief of Police 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 by a fine not exceeding $500.00 or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
C. 
The order issued under subsection A shall also notify the licensee that it shall have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the Chief of Police, within such 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 such license shall be revoked, the City shall provide such hearing within 10 days after receipt of such request at which hearing the suspended licensee may appear before the Chief of Police 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 such 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 ground 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 City until such time as the City Council, on appeal, determines to overrule the decision of the Chief of Police.
(Prior code § 5A.12)
Whenever it appears to the Chief of Police 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 5.32.120, the license may be revoked; provided, however, the licensee may appear before the Chief of Police at the time fixed by the Chief of Police 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 such licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.
(Prior code § 5A.13)
A. 
Any holder of a license whose license is revoked under this chapter shall have the right, within 10 days after receiving notice in writing of the revocation, to file a written appeal to the City Council. Such appeal shall set forth the specific ground or grounds on which it is based. The City Council shall hold a hearing on the appeal within 30 days after its receipt by the City, or at a time thereafter agreed upon and shall cause the appellant to be given at least 10 days' written notice of such hearing. At the hearing, the appellant or authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his or her appeal. The determination of the City Council 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 City 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 Section 23701d of the Revenue and Taxation Code, such organization may again apply for the license upon proof of reinstatement of such exemption.
(Prior code § 5A.14)