A.
Bingo
games for charitable purposes, when authorized by and conducted in
accordance with Section 19, Article IV of the California Constitution
and Section 326.5 of the Penal Code and with the provisions of this
chapter, are permitted in the city.
B.
"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.
C.
Organizations
exempted from the payment of the bank and corporate 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 citizen organizations, or such other charitable organizations
as the state legislature may permit, are eligible to apply to the
city for a license to conduct bingo games in the city.
(Prior code § 14-119)
No organization shall engage in, carry on, maintain, conduct,
or cause to be engaged in, carried on, maintained or conducted a bingo
game in the city without first having secured a license in accordance
with the requirements of this chapter, nor without complying with
the regulations contained in this chapter pertaining to the operation
of bingo games.
(Prior code § 14-120)
Every person desiring a license pursuant to this chapter shall
file an application with the city clerk upon a form provided by the
clerk, and shall specify and include in such application:
A.
The name, address and telephone number of the local applicant organization, and a statement that the applicant is an eligible organization under Section 5.28.010(C);
B.
The
names and addresses of all officers and directors of the local corporation
or community chest and the trustee of any trust;
C.
A list
of the names of all members of the applicant organization who will
operate and staff bingo games;
D.
A detailed
schedule of the date(s), hours, location and occupancy capacity of
the location of each bingo game to be held;
E.
A detailed description of the record system to account for the receipts, prizes, expenses and profits of each bingo game. Such description shall include the location and signatures for each special bank account required by Section 5.28.110;
F.
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 of this
chapter, 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 of such provisions;
G.
The
annual license fee fixed by the city council by resolution shall accompany
the application;
H.
A letter
or other evidence from the State Franchise Tax Board showing that
the applicant is exempted from the payment of the bank and corporation
tax by Section 23701(d) of the Revenue and Taxation Code;
I.
The
signatures of at least two officers, including the presiding officer
of the local corporation or community chest and the trustee of any
trust;
J.
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;
K.
Whether
the application is for a new license or a renewal of an existing license;
(Prior code § 14-121)
A.
Upon
receipt of the completed application and the fee, the city clerk shall
refer the same to interested departments of the city, including, but
not limited to, the city manager, city attorney, sheriff's department,
planning department, building department and 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 to property on which bingo games
may lawfully be conducted, and as to fire, occupancy and other applicable
restrictions.
B.
The
city manager may at any time require the applicant to supply such
additional information as the city manager deems necessary. The city
manager may hold a hearing to consider the application, giving notice
thereof to the applicant and other interested persons.
C.
Upon
being satisfied that the applicant is fully qualified, under the law,
to conduct bingo games in the city, the city manager shall issue a
license to the applicant.
D.
Any
license issued under this chapter shall contain the following information:
1.
The
name and nature of the organization to whom the license is issued;
2.
The
address where bingo games are authorized to be conducted;
3.
The
occupancy capacity of the room in which bingo games are to be conducted;
4.
The
date of the expiration of the license;
5.
Such
other information as may be necessary or desirable for the enforcement
of the provisions of this chapter.
E.
Every
person having a license issued under this chapter shall keep his or
her license current by notifying the city in writing of any changes
in the operation or control of the licensee from that indicated in
the application for the license. Notice shall be given within five
days of such change.
(Prior code § 14-122)
A.
No person
shall engage in, conduct or carry on, or permit to be engaged in,
conducted or carried on, in or upon any premises within the city,
the operation of a bingo game unless such game is conducted under
the personal direction of a bingo manager, duly approved by the city
manager and bonded pursuant to this chapter for each bingo game. The
bingo manager shall be present on the premises during the operation
of all bingo games.
B.
The
bingo manager shall be a nonsalaried, noncompensated member of the
organization licensed to conduct bingo games. The bingo manager shall
be responsible for the conduct of the bingo games and for the conduct
of all bingo card/ticket salespersons, and shall file with the city
a written statement verifying the bingo manager's understanding of
the foregoing.
C.
The
applicant organization, whose games are to be directed by the bingo
manager, shall file and there-after maintain with the city clerk a
good and sufficient bond in the aggregate sum of five thousand dollars,
running to the city for the use and benefit of interested persons
and parties, executed by the applicant as principal and two or more
responsible sureties or a surety company authorized to do business
in the state.
D.
The
bond shall be conditioned upon the strict compliance by the principal,
the principal's agent(s) and employee(s), with the provisions of this
chapter and Section 326.5 of the Penal Code, and the payment of any
direct pecuniary loss sustained through any act of grand or petty
theft or other wrongful act on the part of the principal, the principal's
agent(s) or employee(s). The bond shall remain in force and effect
for the entire period of the license. The sureties may cancel the
bond by delivering thirty days' written notice to the city, but such
cancellation shall not affect any liability incurred or accrued thereunder
prior to the termination of said thirty-day period. Any person who
sustains any injury covered by the bond may, in addition to any other
remedy which such person may have, bring an action in the person's
own name upon the bond for the recovery of any damage sustained by
him/her. Immediately upon the recovery in any action on the bond,
the bingo manager shall file a new bond.
E.
The
bond provided for in this section shall specify the person or persons
who shall act as bingo manager of the principal.
F.
In lieu
of a bond, the applicant may assign to the city savings and loan certificates,
or provide other such security as the city manager deems adequate.
G.
If the
city manager finds that a bond has been filed which meets the requirements
of this section, and that the bingo manager is of good moral character
and does not have a bad reputation for truth, honesty or integrity
and has not engaged in any fraudulent transaction and intends to conduct
the business fairly and honestly, then the city manager may approve
the bingo manager.
(Prior code § 14-123)
Whenever it appears to the city manager that the licensee is
conducting bingo games in violation of any of the provisions of this
chapter, or that the permit was obtained by fraudulent representation
or that the manner in which the bingo games are being operated interferes
with the use and enjoyment of adjacent and nearby properties, the
license may be revoked; provided, however, the licensee may appear
before the city manager at the time fixed by the city manager for
the purpose of presenting evidence why the license should not be revoked.
No license shall be revoked under this section unless written notice
has first been given at least five days before the hearing thereon
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.
The city manager may attach such conditions to the license as will
make the conduct of bingo games compatible with adjacent and nearby
properties.
(Prior code § 14-124)
A.
The
licensee or bingo manager may appeal any finding, determination or
decision of the city manager to the city council, if a written appeal
is filed within ten days after the licensee or bingo manager receives
notice of such finding, determination or decision, and if the appeal
sets forth the specific ground or grounds thereof.
B.
The
city council shall hold a hearing on the appeal within thirty days
after its receipt by the city, or at a time thereafter agreed upon,
and shall cause interested parties to be given at least ten days'
written notice of such hearing. At the hearing, the appellant or the
appellant's authorized representatives shall have the right to present
evidence and a written or oral argument, or both, in support of the
appeal. The determination of the city council on the appeal shall
be final.
C.
Any
organization whose license is revoked shall not conduct any bingo
games in the city unless and until such time as the city council,
on appeal, determines to overrule the decision of the city manager.
D.
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
23701(d) of the Revenue and Taxation Code, such organization may again
apply for a license upon proof of reinstatement of said exemption.
(Prior code § 14-125)
All bingo games shall be open to the public, not just to the
members of the licensed organization.
(Prior code § 14-126)
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 department in accordance with applicable laws and regulations.
The licensee shall not reserve seats or space for any person.
(Prior code § 14-127)
The total value of prizes awarded during the conduct of any
bingo games shall not exceed five hundred dollars in cash or kind,
or both, for each separate game which is held.
(Prior code § 14-128; Ord. 1032-09 § 1)
A.
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 chapter,
all proceeds 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 twenty percent of the proceeds
before deduction for prizes, or two thousand dollars per month, whichever
is less, may be used for rental of property, overhead, administrative
expenses, security equipment, and security personnel.
3.
Such
proceeds may be used to pay the license fee.
|
For the purposes of this section, proceeds are the receipts
of bingo games conducted by a licensed organization not exempt from
bank and corporation tax by Section 23701(d) of the Revenue and Taxation
Code.
|
B.
The
licensee shall keep a full and accurate record 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 city, by and through its authorized
officers, shall have the right to examine and audit such record at
any reasonable time, and the licensee shall fully cooperate with the
city by making such record available.
(Prior code § 14-129; Ord. 570-88 § 2; Ord. 585-88 § 1; Ord.
812-96 § 15)
No individual, corporation, partnership or other legal entity
except the licensee shall hold a financial interest in the conduct
of such bingo game.
(Prior code § 14-130)
A bingo game shall be operated, managed, staffed and promoted
only by members of the licensee organization. Such members shall not
receive a profit, wage, salary or any other direct or indirect consideration
from any bingo game. This section does not preclude the licensee's
employment of nonmember security personnel to provide security services
at the licensee's bingo games.
(Prior code § 14-131; Ord. 585-88 § 2)
It is a misdemeanor under Section 326.5(b) of the Penal Code of the State of California for any person to receive or pay a profit, wage or salary from any bingo game authorized under this chapter. A violation of this section is punishable by a fine not to exceed ten thousand dollars, which shall be deposited in the general fund of the city. The above notwithstanding, the licensee organization may employ and pay security personnel, and security personnel may receive a salary or wage paid from the revenues of the bingo game as authorized in Section 5.28.110.
(Prior code § 14-132; Ord. 585-88 § 3)
A licensee shall conduct a bingo game only on property owned
or leased by it or on property whose use has been donated to the licensee
organization, and which property is used by such organization for
an office or for performance of the purposes for which the organization
has been created. The license issued under this chapter shall authorize
the holder thereof to conduct bingo games only at the address of record
stated in the license application. In the event that the described
property ceases to be used as an office or as a place for the performance
of the purposes for which the licensee organization has been created,
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, leases or uses property for an office
or for the performance of the purposes for which the organization
has been created. Nothing in this section shall be construed to require
that the property owned or leased by or whose use is donated to the
licensee shall be used or leased exclusively by such organization.
(Prior code § 14-133; Ord. 585-88 § 4)
No person under the age of eighteen years shall be allowed to
participate in any bingo game.
(Prior code § 14-134)
No alcoholic beverages shall be served or consumed during the
hours of operation, nor shall any person who is intoxicated be allowed
to participate in a bingo game.
(Prior code § 14-135)
No bingo game shall be conducted between the hours of midnight
and ten a.m., nor shall any licensee conduct bingo games on more than
one day per week.
(Prior code § 14-136)
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 § 14-137)
No licensee shall issue chips or money to a patron on credit
or loan (including, but not limited to, IOUs and checks to be held)
or allow any patron to play on credit.
(Prior code § 14-138)
An organization licensed pursuant to this chapter shall not
conduct or permit to be conducted a bingo game unless such license
is posted at the public entrance in a conspicuous place during the
conduct of any bingo game. The licensee shall produce and exhibit
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 § 14-139)
The licensee shall post the costs, prizes and rules of each
game to be played. Such signs shall be posted adjacent to the license
during the conduct of the bingo game.
(Prior code § 14-140)
A record shall be kept, on forms approved by the city, by the
licensee, showing the name and written signature, the address and
the telephone number of the winner, and the consecutive serial number
of the receipt for the prize.
(Prior code § 14-141)
No admission fee, purchase or donation shall be required for
entry onto the bingo premises.
(Prior code § 14-142)
No person shall interfere with, prevent or refuse to permit
a sheriff or other peace officer to make an examination or inspection
of any premises, whether the premises is open to the public or not,
or of any record kept by the applicant organization, or by any agent
or employee thereof, for the purpose of determining whether the applicant
organization and/or bingo manager are complying with all of the provisions
of this chapter and all other applicable ordinances, statutes, rules
and regulations affecting the applicant's business.
(Prior code § 14-144)
The city may bring an action in a court of competent jurisdiction
to enjoin a violation of Section 326.5 of the Penal Code or of this
chapter.
(Prior code § 14-143)
