Whenever in this chapter the following terms are used they shall have the meanings respectively ascribed to them in this section:
is 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.
is a nonprofit, charitable organization to which the license collector has issued a license to conduct bingo games pursuant to this chapter.
is any person under the age of 18 years.
is an organization exempted from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code, Mobile Home Park Associations, Senior Citizens Organization; and Veterans Organizations which are exempted from the payment of the bank and corporation tax by Sections 23701(b), 23701(e), 23701(f), 23701(g) or 23701(l) of the Revenue and Taxation Code.
(Ord. 1194 § 1, 1976; Ord. 1204 § 1, 1977; Ord. 1208 § 1, 1978; Ord. 6061 § 1, 1980)
It is unlawful for any person to conduct any bingo game in the city unless such person is a member of a nonprofit, charitable organization, acting on behalf of such organization, and has a valid license issued pursuant to this chapter.
(Ord. 1194 § 1, 1976)
The term of a bingo license is one year and may be renewed for successive periods of one year each if application therefor is made prior to expiration of the preceding license.
(Ord. 1194 § 1, 1976; Ord. 1228 § 1, 1980)
Application for a bingo license shall be made to the license collector on forms prescribed by the license collector, and shall be filed not less than 20 days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at least the following:
A.
A list of all members of the nonprofit, charitable organization who will operate the bingo game, including full names of each such member, date of birth, place of birth, physical description and driver's license number;
B.
The date and place of the proposed bingo game or games;
C.
Proof that the organization is a nonprofit, charitable organization as defined by this chapter.
(Ord. 1194 § 1, 1976; Ord. 6061 § 1, 1980)
The fee for a bingo license shall be $50.00. The fee for a renewal license shall be $50.00.The appropriate fee shall be paid at the time of submission of each application for a license or renewal and shall be used to defray the cost of issuance of a license. If a license is denied, one-half the fee shall be refunded to the applicant.
(Ord. 1194 § 1, 1976; Ord. 1204 § 2, 1977; Ord. 1228 § 2, 1980)
A.
Upon receipt of an application for a license the license collector may send copies of such application to any office or department which the license collector deems essential in order to carry out a proper investigation of the applicant.
B.
The license collector and every officer and department to which an application is referred shall investigate the truth of the matters set forth in the application, the nature of the applicant, the membership in the organization of the persons to operate the games, and may examine the premises to be used for the bingo game. If the license collector is satisfied the requirements of this chapter are and will be met, the application shall be approved, and the license collector shall issue the license.
(Ord. 1194 § 1, 1976; Ord. 6061 § 1, 1980)
Each license issued under this chapter shall be issued to a specific person on behalf of a specific nonprofit, charitable organization to conduct bingo games at a specific location and shall in no event be transferable from one person to another nor from one location to another.
(Ord. 1194 § 1, 1976)
A.
A nonprofit, charitable organization shall conduct a bingo game only on property owned, leased or donated to the organization for use by it, and used by it for an office or for the performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the property owned, leased, or donated to the organization for use by the organization be used or leased exclusively by, or donated exclusively to, such organization.
B.
No minors shall be allowed to participate in any bingo game.
C.
All bingo games shall be open to the public, not just to the members of the nonprofit, charitable organization.
D.
A bingo game shall be operated and staffed only by members of the nonprofit, charitable organization which organized it and obtained the license. Such members shall be limited to those set forth in the most recent application for a license or renewal as approved by the license collector, and shall not receive a profit, wage or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game, or participate in the promotion, supervision or any other phase of such games. This subdivision does not preclude the employment of security personnel by the organization.
E.
No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game.
F.
With respect to organizations exempted from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code, all profits derived from the bingo games 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. Proceeds are the receipts of bingo games conducted by business organizations not within the scope of the first sentence of this subsection. 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 deduction for prizes, or $1,000.00 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;
3.
Such proceeds may be used to pay the license fees required by this chapter.
On or before the 15th of each month the licensee shall file with the license collector a full and complete financial statement on a form to be approved by the license collector of all moneys collected, disbursed and the amount remaining for charitable purposes as a result of all bingo games conducted during the preceding month. |
G.
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.
H.
The total value of prizes awarded during the conduct of any bingo games shall not exceed $250.00 in cash or kind, or both, for each separate game which is held.
I.
No bingo game shall be conducted between the hours of midnight and 8:00 a.m.
(Ord. 1194 § 1, 1976; Ord. 1204 § 3, 1977; Ord. 1208 § 2, 1978; Ord. 1228 § 3, 1980; Ord. 6061 § 1, 1980; Ord. 6068 § 2, 1983)
The license collector, license inspector and any peace officer of the city shall have free access to the premises in which any bingo game licensed under this chapter is conducted. The licensee shall have the bingo license and list of approved staff available for inspection at all times during any bingo game.
(Ord. 1194 § 1, 1976)
A.
The license collector may deny any application for a bingo license, or suspend or revoke a license, if the license collector finds the applicant or licensee or any agent or representative thereof has:
B.
If after investigation the license collector determines that a bingo license should be suspended or revoked or an application for such license denied, the license collector shall prepare a notice of suspension, revocation or denial of the application setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant's last address provided in the application or be personally delivered. Any person who has had an application for a bingo license denied by the license collector, or who has had a bingo license suspended or revoked by the license collector, may appeal the license collector's decision in the manner provided in Section 5.10.120.
(Ord. 1194 § 1, 1976; Ord. 6061 § 1, 1980)
Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section.
A.
Within 15 calendar days after the date of any suspension, revocation or denial or other decision of the license collector, an aggrieved party may appeal such action by filing with the license collector a written appeal briefly setting forth the reasons why such suspension, revocation or denial or other decision is not proper;
B.
Upon receipt of such written appeal, the license collector shall set the matter for hearing before the City Council within 30 days. At least 10 calendar days prior to the date of the hearing on the appeal the license collector shall notify the appellant of the date and place of the hearing. At such hearing the license collector and the appellant may present evidence relevant to the suspension, revocation or denial or other decision of the license collector. The City Council shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to such hearing;
C.
At the conclusion of the hearing, the City Council may uphold the suspension, revocation or denial or other decision of the license collector, or the City Council may reinstate that which has been suspended or revoked, or allow that which has been denied, or modify or reverse any other license collector's decision which is the subject of the appeal. The City Council's decision shall be final.
(Ord. 1194 § 1, 1976; Ord. 6061 § 1, 1980)
A.
It is a misdemeanor for any person to receive a profit, wage or salary from any bingo game authorized by this chapter. A violation of this subsection shall be punishable by a fine not to exceed $10,000.00 which fine shall be deposited in the general fund of the city.
B.
Any person violating any of the provisions or failing to comply with any of the requirements of this chapter, other than subsection A of this section, is guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed $500.00 or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. All sanctions provided herein shall be cumulative and not exclusive.
(Ord. 1194 § 1, 1976)