In 1977, the County of Sacramento enacted an ordinance enabling
qualified charitable organizations to operate bingo for fund raising
purposes. Charities provide a valuable service to the various communities
within Sacramento County and bingo is one form of charitable fundraising
that has a proven successful track record in raising much needed funds
for nonprofit entities. Charities that are supported by funds derived
from bingo provide good works to effected communities.
The purposes of this chapter are to protect the health, safety
and welfare of the citizens within the unincorporated area, to assure
that County expenditure is efficiently allocated, and to safeguard
legitimate charitable purposes. The purpose for allowing an eligible
organization to conduct bingo games in Sacramento County is to provide
that organization an additional source of revenue to further the purpose
for which that organization was created. A licensee organization conducting
bingo games without generating a profit from those games does not
fulfill the purpose for which bingo is permitted. Organizations with
a proven track record demonstrating that the game can produce a certain
level of profits for charitable purposes, as opposed to proceeds going
largely to overhead expenses of the game, should be allowed to conduct
further games on various days of the week.
The purpose of requiring a separate license for separate functions
of bingo operations, such as a bingo parlor license, a bingo supplier
license, and a license for the actual conduct of the games, is to
ensure that each function is conducted by a separate and independent
person or entity. Such regulation aids in assuring the integrity of
the game and in minimizing the problems of undue influence being used
against an organization that is licensed to conduct bingo. History
shows that nonprofit organizations are not beyond exercising undue
influence against smaller organizations and channeling some of the
monies meant for charitable purposes into the private accounts of
dishonest members. Recent history shows that some bingo suppliers
are not beyond using financial inducements to manipulate charities
to conduct their games in violation of County and State laws. Requiring
separation of functions lessens the opportunity for fraud, collusion,
and self-dealing.
The purpose of requiring those organizations licensed to conduct
bingo games to pay amounts owed to the bingo parlor before the next
day of bingo operation and to pay the bingo supplier within 30 days
of the invoice date or 10 days of the statement date, whichever occurs
later, is a direct effort to preclude the parlor or the supplier from
acquiring a financial interest in the games. The existence of a debtor-creditor
relationship is inimical to the integrity of the bingo games. In the
realm of gaming, and bingo is gaming, debts owed to the parlor or
supplier by the organization licensed to conduct bingo can be used
by the parlor or supplier to exert undue influence on the conduct
of the games, and to increase the overhead expenses charged to these
organizations. Organizations indebted to the parlor or supplier are
thus placed in a position of sharing profits with the parlor or supplier
to the detriment of the charitable purpose.
In 2008, the Legislature of the State of California added and
amended various provisions of State law relating to charitable bingo.
Included in those changes is the addition of previously nonexistent
language defining bingo and proscribing the manner in which it may
be played. Electronic or mechanical devices, with the exception of
narrowly defined card minder devices, are prohibited by State law.
For all these reasons, it now becomes necessary for the County
to adopt a comprehensive ordinance pertaining to the conduct of charitable
bingo.
(SCC 578 § 12, 1983; SCC
0758 § 2, 1989; SCC 0992 § 5,
1995; SCC 1061 § 1, 1996; SCC 1353 § 1, 2007; SCC 1403 § 1,
2008)
No person shall operate a bingo game in the unincorporated area
of the County without possessing a valid, unrevoked and unexpired
Special Business License issued pursuant to the provisions of this
chapter and title and Sacramento County Administrative Regulations
adopted pursuant to this chapter, and except in conformance with Section
326.5 of the California
Penal Code, or any other applicable State
of California, County of Sacramento, Federal law, or administrative
rule or regulation, as they may be added or amended from time to time.
(SCC 578 § 12, 1983; SCC
0758 § 2, 1989; SCC 0992 § 5,
1995; SCC 1061 § 1, 1996; SCC 1353 § 2, 2007; SCC 1403 § 2,
2008)
As used in this chapter:
A. "Bingo"
means a game of chance in which prizes are awarded on the basis of
designated numbers or symbols that are marked or covered on a tangible
card in a player's possession that conform to numbers or symbols selected
at random and announced by a live caller.
B. Pulltabs.
The game of bingo shall include tangible cards ("pulltabs") having
numbers or symbols that are concealed and preprinted in a manner providing
for the distribution of prizes. The winning cards shall not be known
prior to the game by any person participating in the playing or operation
of the bingo game.
C. Cards.
Card refers to a cardboard or paper card. It is permissible for a
"card" to be a sheet of paper with multiple card faces pre-printed
on it. All cards, including pulltabs, shall be preprinted prior to
the point of sale and bear the legend as follows: "for sale or use
only in a bingo game authorized under California law and pursuant
to local ordinance."
D. Card Minders. The game of bingo includes the use of a bingo card minder in conjunction with bingo cards to assist a bingo player participating in bingo games to identify a winning card, when used under the conditions set forth in California
Penal Code Section 326.5(p) and Section
4.26.167(B) of this chapter.
E. Session.
A bingo session shall not exceed six hours in duration. A session
may consist of only live called games and the sale of pull tabs. A
session begins when the first game starts by drawing the first random
number and ends when the winning card or cards are identified for
the final scheduled game of the session.
F. "Security"
means the person(s) who protects bingo players, bingo licensees, and
volunteers from exposure to danger. The security person(s) shall be
prohibited from the sale or the distribution of bingo materials or
otherwise participating in nonsecurity activities before, during,
and after the bingo session. However, this provision does not preclude
security from accompanying the licensee with the session's net proceeds
to a night depository immediately after the session.
G. Definitions,
powers, conditions and restrictions set forth in this chapter are
intended to comply with and implement applicable California Constitution
and
Penal Code provisions. To the extent that any provision of this
chapter is substantially the same as that contained in Section 326.5
of the
Penal Code, and violation thereof is a violation of that Penal
Code section and punishable thereunder, such provision of this chapter
is explanatory only.
(SCC 578 § 12, 1983; SCC
0758 § 2, 1989; SCC 0992 § 5,
1995; SCC 1061 § 1, 1996; SCC 1155 § 1, 1999; SCC 1353 § 3,
2007; SCC 1403 § 3, 2008; SCC 1622 § 1, 2018)
A. The
total value of prizes awarded during the conduct of any bingo game
shall not exceed $500 in cash or kind, or both, for each separate
game which is held. A bingo game begins when the first number is drawn
and ends when a winning card or cards is identified and verified.
B. It is unlawful for any person to establish, provide or authorize the establishment or provision of a prize or prizes in violation of the provisions of this section, and a violation of the provisions of this section shall constitute grounds for revocation of a Special Business License authorizing the operation of bingo games issued pursuant to the provisions of this chapter and Chapter
4.10.
(SCC 578 § 12, 1983; SCC
0758 § 2, 1989; SCC 0992 § 5,
1995; SCC 1061 § 1, 1996; SCC 1403 § 4, 2008; SCC 1622 § 2,
2018)
A. Each
licensee shall have written policies incorporated in its constitution,
articles, by-laws, or other regulations setting forth the manner in
which a person may become a bona fide member of the organization.
Absent any such written policies, it shall be presumed that the organization
has no members who may operate or staff bingo games within the meaning
of Section 326.5 of the California
Penal Code.
B. The
licensee shall keep a full and accurate list of its members. The Sheriff
or any other authorized representative of the County is entitled to
examine and investigate such list at any reasonable time, and the
licensee shall cooperate in making such records available upon demand
of the Sheriff.
(SCC 578 § 12, 1983; SCC
0758 § 2, 1989; SCC 0992 § 5,
1995; SCC 1061 § 1, 1996; SCC 1403 § 8m, 2008)
A volunteer, or member shall not participate in the staffing
of bingo games if the Sheriff makes a finding that such volunteer
or member:
A. Has
violated any applicable prohibition or requirement of this chapter
or title or applicable administrative regulations adopted pursuant
to this chapter or title; or has been convicted of a crime, and the
time for appeal has elapsed, or when an order granting probation is
made suspending the imposition of sentence, irrespective of the entry
of a subsequent order under California
Penal Code Section 1203.4;
or
B. Has
done any act involving dishonesty, fraud or deceit with intent to
substantially benefit him or herself, or another, or substantially
injure another;
C. And,
that by reason of the violation, crime, or act, the member may perform
his or her duties of staffing the bingo game in an unlawful manner
or in a manner which subjects patrons of the bingo game to risk of
harm or criminal, deceitful or otherwise unethical practices;
D. Is an
agent, employee, servant, contractor, subcontractor or consultant
of any bingo supplier or bingo parlor operator or has received or
accepted any sort of salary, compensation, gratuity, consulting fee
or any other thing of value in any form, in any amount, from a bingo
supplier or bingo parlor operator in the prior three years. This prohibition
extends to all volunteers or members whose immediate family members,
including spouses, parents, children or siblings, by blood or affinity,
have received employment or compensation from any bingo supplier or
bingo parlor operator.
Notwithstanding the foregoing, a member shall not be prohibited
from staffing a bingo game solely on the basis that a person has been
convicted of a felony if the person has obtained a certificate of
rehabilitation under California Penal Code Section 4852.01 et seq.,
or that the person has been convicted of a misdemeanor if the person
has met all applicable requirements of the criteria of rehabilitation
developed to evaluate the rehabilitation of a person under California
Penal Code Section 4852.05.
|
(SCC 0992 § 5, 1995; SCC
1061 § 1, 1996; SCC 1403 § 9,
2008; SCC 1622 § 3, 2018)
The County Sheriff is charged with the responsibility of administering
the regulations imposed by this chapter and exercising the authority
conferred thereby. Such authority shall include the power and duty
to issue Special Business Licenses authorizing bingo games, promulgate
and enforce administrative regulations, and otherwise perform the
duties and exercise the authorities conferred herein.
(SCC 578 § 12, 1983; SCC
0758 § 2, 1989; SCC 0992 § 5,
1995; SCC 1061 § 1, 1996)
Organizations which are exempted from the payment of the bank
and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f,
23701g, and 23701l of the
Revenue and Taxation Code, mobile home park
associations, school districts and senior citizens organizations shall
be eligible to apply for and receive a Special Business License to
conduct bingo games in the unincorporated area of the County pursuant
to the provisions of the California Constitution, Section 326.5 of
the California
Penal Code, and the provisions of this chapter provided
that the proceeds of such games are used only for charitable purposes
and provided the applicant has owned or leased property or occupied
donated property within the unincorporated or incorporated area of
the County that has been used by the applicant for the performance
of the charitable purposes for which the applicant is organized for
at least 12 consecutive months immediately preceding the filing of
such application. The required consecutive 12 month period need not
be as an organization that is exempt from the payment of bank and
corporation tax. With the foregoing exceptions, no other person shall
be qualified or eligible to receive such a license.
(SCC 578 § 12, 1983; SCC
0758 § 2, 1989; SCC 0992 § 5,
1995; SCC 1061 § 1, 1996; SCC 1403 § 10, 2008)
Those organizations that meet the criteria detailed in Section
4.26.035 may conduct the game of Bingo provided that:
A. The
total net proceeds or profits arising from the conduct or operation
of such bingo games are used solely for the promotion or achievement
of the purposes of such organizations;
B. No part
of the net proceeds or profits arising from the conduct of the game
inures to the benefit of any private shareholder or individual;
C. The
applicant organization is able to show an established pattern of fund-raising
activity for bona fide charitable purposes, with a corresponding established
pattern of expending funds raised for charitable purposes;
D. That
the charitable organization was not established primarily for the
purpose of conducting bingo games;
E. That
the charitable organization was not established primarily for the
purpose of conducting the game to generate expenses associated with
the conduct of the bingo game; and
F. That
no charitable organization allows or permits any individual partnership
corporation or other entity to utilize the name of the charitable
organization for the purpose of conducting or promoting the bingo
game.
(SCC 1403 § 11, 2008)
In addition to the matters prescribed by Section
4.10.030, an application for a Special Business License to conduct bingo games shall contain the following:
A. The
names and signatures of at least two officers, including the presiding
officer of the organization who will be primarily responsible for
conducting bingo games. In the event of any change in persons holding
such offices, the licensee shall within 10 days of change notify the
Sheriff, in writing, of such change, specifying the name, address,
date of birth, and telephone number of such officer(s);
B. A description
of the property on which bingo games will be conducted, including
the street number, whether owned or leased, applicant's current use
of the premises, and the occupancy capacity of the property;
C. A copy
of the deed, lease or other written instrument by which the applicant
will acquire entitlement to occupy the premises where the bingo games
will be conducted, and a description of all uses which the applicant
will make of the premises;
D. A statement
of the specific charitable purpose(s) for which the applicant is organized;
E. Proposed
day(s) of the week and hours for conduct of bingo games;
F. Such proof as may be required by the Sheriff that the applicant is eligible and qualified to receive a Special Business License under Section
4.26.035. If eligibility is based on an exemption from payment of the bank and corporation tax, the application shall be accompanied by a certificate of determination of exemption under the applicable Section of the
Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board showing such exemption;
G. A statement
that the applicant agrees to conduct bingo games in strict accordance
with the provisions of Section 326.5 of the California
Penal Code,
this chapter, Sacramento County Administrative Regulations adopted
pursuant to this chapter, or any other applicable State of California,
County of Sacramento, Federal law, or administrative rule or regulation,
as may be amended from time to time, and agrees that the license may
be revoked by the Sheriff upon violation of any such provisions;
H. A detailed
summary, showing all sources and amounts of income and expenditures
including the amounts, recipients and the purpose for which the expended
funds were used, for a period of not less than one year prior to the
dates of the application; and
I. A detailed
statement, describing the accommodations and auxiliary aids and services,
which comply with this chapter and Section 326.5 of the California
Penal Code, that will be provided by the applicant during its bingo
sessions to enable the play of bingo by those individuals with disabilities;
J. Said
application shall be signed by the applicant under penalty of perjury.
(SCC 578 § 12, 1983; SCC
0758 § 2, 1989; SCC 0992 § 5,
1995; SCC 1061 § 1, 1996; SCC 1403 § 12, 2008)
Concurrently, with the filing of an application, each applicant
shall file a statement specifying the name, address, telephone number
and birth date of one or more persons who shall manage, supervise
and be responsible for the conduct of all bingo games by said applicant.
Said person(s) shall be known as the bingo manager(s), shall sign
said statement accepting such responsibility and shall be present
on the premises at all times during which bingo games are conducted.
In the event any other person is designated as the bingo manager by
any licensee, such licensee shall within 10 days of such designation
file a new statement containing all of the data specified in this
section.
No person meeting the definition under Section
4.26.027(D) of this chapter may serve as bingo manager.
(SCC 578 § 12, 1983; SCC
0758 § 2, 1989; SCC 0992 § 5,
1995; SCC 1061 § 1, 1996; SCC 1403 § 13, 2008)
Each holder of a Special Business License to conduct bingo games
shall, pursuant to the authority conferred by Section 326.5 of the
California
Penal Code, pay to the Sheriff a fee of $50 paid upon application
for a Special Business License or the application for renewal thereof.
(SCC 578 § 12, 1983; SCC
0758 § 2, 1989; SCC 0992 § 5,
1995; SCC 1061 § 1, 1996; SCC 1622 § 4, 2018)
The Sheriff shall issue a Special Business License for bingo games unless one or more of the findings prescribed by Section
4.10.040 are made, or the Sheriff makes one or more of the following findings in writing:
A. The
bingo games will be a fraud on the public;
B. The
bingo games will be conducted at a location or in a manner or the
proceeds thereof will be accounted for or expended in a manner which
violates, or the applicant has violated, Section 326.5 of the California
Penal Code, this chapter, or any other applicable State of California,
County of Sacramento, Federal law, or administrative rule or regulation,
as they may be amended from time to time;
C. The
identity of the applicant or proposed method or methods of conducting
bingo games are contrary to the provisions of Section 326.5 of the
California
Penal Code, this chapter, Sacramento County Administrative
Regulations adopted under this chapter, or any other applicable State
of California, County of Sacramento, Federal law, or administrative
rule or regulation as they may be amended from time to time;
D. The
applicant will be maintaining an inadequate system of record keeping
and accounting relating to the conduct of the games and disposition
of the proceeds there from;
E. The
application does not conform to the requirements, terms, and conditions
of this chapter, California
Penal Code Section 326.5, or any other
applicable State of California, County of Sacramento, Federal law,
or administrative rule or regulation, as they may be amended from
time to time; or
F. The applicant or one of its officers, managers or board members holds a current license under Sacramento County Code Chapter
4.28 or
4.29 or an officer, manager or member of the governing board of the applicant or an immediate family member of a manager, officer or member of the governing board is an employee, agent, contractor, subcontractor or consultant for a bingo supplier or bingo parlor operator or has received a salary, compensation, gratuity or anything of value in any amount from a bingo supplier or bingo parlor operator or any agent thereof within the prior three years.
(SCC 578 § 12, 1983; SCC
0758 § 2, 1989; SCC 0992 § 5,
1995; SCC 1061 § 1, 1996; SCC 1403 § 14, 2008)
The Special Business License shall be conspicuously posted at
the location of the bingo games.
(SCC 578 § 12, 1983; SCC
0758 § 2, 1989; SCC 0992 § 5,
1995; SCC 1061 § 1, 1996)
With respect to organizations exempt from payment of the bank
and corporation tax by Section 23701d 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 expended only for the charitable purposes
stated in the application for bingo license or in the Articles of
Incorporation of such organization. These profits shall not be used
for the private gain of any individual.
(SCC 578 12, 1983; SCC 0758 § 2,
1989; SCC 0992 § 5, 1995; SCC 1061 § 1, 1996)
A. With
respect to organizations licensed under this chapter which are not
exempt from payment of the bank and corporation tax by Section 23701d
of the
Revenue and Taxation Code, 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. These proceeds shall not be used for
the private gain of any individual. The proceeds shall be expended
only for the charitable purposes stated in the application for bingo
license or in the Articles of Incorporation of such organization,
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 per month, whichever is less,
may be used for rental of property, overhead, the purchase of bingo
equipment, administrative expenses, security equipment and security
personnel; and
3. Such
proceeds may be used to pay license fees.
B. A licensee shall be deemed to violate Subdivision (k)(2) of Section 326.5 of the California
Penal Code and subsection
(B) of this section if expenses during any particular month exceed $2,000. If expenses do not exceed $2,000 per month, the 20% limitation shall be applied annually at the conclusion of each 12 months of operation.
(SCC 578 § 12, 1983; SCC
0711 § 1, 1988; SCC 0758 § 2,
1989; SCC 0992 § 5, 1995; SCC 1061 § 1, 1996)
A. The
licensee shall keep full and accurate records of the income received
and expenses disbursed in connection with its operation, conduct,
promotion, supervision, and any other phase of bingo games. Such records
are to include, but are not limited to: ledgers and accounts relating
to inventory, proceeds, expenditures, and the distribution of all
profits derived from bingo games, and any other records as are necessary
to determine or establish compliance with the provisions of this chapter,
Sacramento County Administrative Regulations adopted pursuant to this
chapter, California
Penal Code Section 326.5, or any other applicable
State of California, County of Sacramento, Federal law, or administrative
rule or regulation, as they may be amended from time to time. The
records shall be of such types and maintained in such manner as may
be prescribed by the Sheriff; and when not so prescribed, shall be
of such types and maintained according to the requirements of generally
accepted principles of accounting.
B. The Sheriff or any other authorized representative of the County shall have the right to inspect, conduct a compliance examination, review, audit, or photocopy, bingo licensee records as described in subsection
(A) of this section at any reasonable time and the license holder shall fully cooperate by making such records and photocopies thereof available to the Sheriff upon demand. The licensee shall deliver the records for the purpose of a compliance examination, review, audit, inspection, or for photocopy to the office of the Sheriff during reasonable hours upon demand of the Sheriff.
C. Compliance examinations may be conducted by the Sheriff of bingo licensee records described in subsection
(A) of this section not less frequently than annually, for each 12 months of each licensee's operation.
D. If the organizational structure of the licensee is such that an umbrella organization disburses bingo proceeds to member organizations, the records described in subsection
(A) of this section which are subject to examination, review, audit, inspection, or photocopy shall include both the bingo records of the umbrella organization and its member organizations. For purposes of this section, an umbrella organization is defined as a nonprofit, income tax exempt, charitable organization which is organized for the purpose of providing financial support to other nonprofit, income tax exempt, charitable organizations.
(SCC 578 § 12, 1983; SCC
0711 § 3, 1988; SCC 0758 § 2,
1989; SCC 0992 § 5, 1995; SCC 1061 § 1, 1996; SCC 1622 § 5,
2018)
The licensee shall keep and preserve the records described in subsection
(A) of Section
4.26.075 of this chapter for the following period of time, whichever occurs later:
B. Until
completion of a required compliance examination; or
C. Until
the administrative or judicial appeal process, whichever is applicable,
is final, if the license has been suspended, revoked, or a renewal
denied.
(SCC 578 § 12, 1983; SCC
0711 § 3, 1988; SCC 0758 § 2,
1989; SCC 0992 § 5, 1995; SCC 1061 § 1, 1996; SCC 1622 § 6,
2018)
The bingo licensee shall not allow another person, sole proprietorship,
partnership, corporation, unincorporated association, cooperative,
joint venture or other individual or entity to organize, manage, supervise,
conduct, control or otherwise participate in or influence either the
operation of its bingo game or the promotion thereof.
(SCC 0992 § 5, 1995; SCC
1061 § 1, 1996)
A. No individual,
corporation, partnership, or other entity except the bingo licensee
shall hold a financial interest in the conduct of any bingo game.
A financial interest includes, but is not limited to, situations in
which a bingo licensee maintains accounts payable to a parlor licensee
for parlor rents and other costs beyond the next day of bingo operation;
or, maintains accounts payable to a bingo supplier beyond 30 days
of the invoice date or 10 days of the statement date, whichever occurs
later. For purposes of this section "invoice date" is defined as the
date of delivery of such supplies and "statement date" is defined
as the date within 30 days of the delivery of supplies.
B. A licensee that has not paid its supplier account(s) or parlor account(s) within the period provided in subsection
(A) of this section shall not purchase additional supplies from any supplier or rent or incur other costs from any parlor until all accounts are brought into compliance with the required payment periods provided in subsection
(A) of this section.
C. Financial
interest includes any salary, compensation, gratuity; or any payment
or gift of any value from any bingo supplier or bingo parlor operator;
or any agents thereof to any licensee officer, manager, governing
board member; or any member of the licensee organization or its volunteers
during the prior three years.
(SCC 578, 1983; SCC 0758 § 2,
1989; SCC 0992 § 5, 1995; SCC 1061 § 1, 1996; SCC 1403 § 15,
2008)
Only the bingo licensee shall operate bingo games or participate
in the promotion, supervision, or any other phase of the games. Bingo
games shall be operated and staffed solely by members of the licensee;
except that the licensee may retain or employ security personnel at
such bingo games. Such members shall not receive a profit, wage, salary,
or compensation from bingo proceeds or bingo profits for services
rendered from any bingo game. The term "compensation" as used in this
section includes, but is not limited to, cash, bingo paper, pull tabs,
coupons, redeemable vouchers, discounts, incentives, prizes, gifts,
or payment in kind. Neither the provisions of subdivisions (b) or
(h) of Section 326.5 of the California
Penal Code nor those of this
section shall be deemed violated if a bingo licensee reimburses members
staffing the games for the actual and necessary costs which they incur
in providing services associated with the conduct of the games.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996; SCC 1403 § 16, 2008)
Any person participating in the operation, conduct or staffing
of any bingo game shall wear on his or her outside clothing, in plain
view, an identification insignia or badge measuring not less than
2-1/2 inches by 3-1/2 inches in size and specifying the name and title
of such person and the name of the licensee organization.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996)
A. 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 the
game is conducted as determined by the Fire Department or district
having jurisdiction in accordance with applicable laws and regulations;
and to any occupancy conditions included on any applicable use permit
or county issued license authorizing the activity on the property
on which the activity is located.
B. It is
unlawful for a licensee to knowingly authorize or permit, and unlawful
for any person to, reserve seats or space where bingo games are conducted.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996; SCC 1353 § 5, 2007)
The license 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 for the conduct of bingo games by the licensee,
the license shall have no further force or effect. The bingo licensee
shall file a new application, and such application shall be processed
pursuant to the provisions of this chapter, in order for the eligible
organization to conduct bingo games at a new location or address.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996)
Each licensee shall formulate, publish and post in a conspicuous
place at the location of the bingo games written rules by which the
bingo games are conducted and which recite the prohibitions described
below. It is unlawful for a licensee to knowingly authorize, permit,
and unlawful for any person to do any of the following:
A. Provide
or award total prizes for each separate bingo game which exceeds $500
in cash or kind, or both;
B. Limit
attendance or participation in such games to members of the licensee
or otherwise deny attendance or participation to any member of the
general public who complies with the rules of the game and conducts
himself or herself in an orderly and law abiding manner;
C. Participate
in a bingo game, if the participant is under the age of 18;
D. Participate
in a bingo game where alcoholic beverages are consumed in the room
where the bingo games are conducted or if the participant is under
the influence of alcohol;
E. Participate
in bingo games, unless personally present at the location of the games
at the time the games are being conducted.
In this section "participate" is defined as including, but not
limited to, the handling of bingo supplies or receipts during any
bingo session.
|
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996; SCC 1403 § 17, 2008)
A licensee shall conduct bingo games only on property owned
or leased by it, or property whose use is donated to the licensee,
and which property is used by such licensee for performance of the
charitable purposes for which the organization is organized. Nothing
in this section shall be construed to require that the property be
owned or leased exclusively by or donated exclusively to such organization.
The requirements of the provisions of subdivision (f) of Section 326.5
of the California
Penal Code and those of this section shall be deemed
satisfied if the licensee conducts regular business meetings or other
activities consistent with its charitable purposes, in addition to
bingo games, upon the property which it owns, leases, or uses as a
donee. A licensee need not use the property exclusively for activities
which fulfill its charitable purposes or objectives.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996)
A. No bingo
licensee shall conduct bingo games between the hours of 2:00 a.m.
and 10:00 a.m. of the same day. No licensee shall conduct bingo outside
of the hours of its authorized sessions.
B. Except
as provided in this subsection, no bingo licensee shall conduct more
than one bingo session per week. Organizations with a proven track
record demonstrating that the game can produce a certain level of
profits for charitable purposes as opposed to proceeds going largely
to overhead expenses of the game may be allowed to conduct additional
games on various days of the week. To conduct more than one bingo
session per week a licensee shall secure the permission of the Sheriff.
The licensee shall have a valid, unrevoked, and unexpired license
to conduct such bingo games and shall submit a written application
with information therein as required by the Sheriff. The Sheriff shall
authorize the bingo licensee to conduct more than one session per
week unless the Sheriff makes one or more of the following findings
in writing:
1. The
bingo licensee is not an organization exempt from the payment of the
bank and corporation tax as provided by Sections 23701(a), 23701(b),
23701(d), 23701(e), 23701(f), 23701(g), and 23701(l) of the Revenue
and Taxation Code, or is not a mobile home park association, or a
senior citizens organization; and, for at least two continuous years
immediately preceding filing of the application for additional sessions,
has not existed and operated within either the incorporated or unincorporated
area of the County. The two year consecutive period of existence and
operation provided for herein, need not include exemption from payment
of the bank and corporation tax;
2. The
bingo licensee has failed to expend at least the average amount of
gross receipts that the other licensed bingo charities expend during
each of said preceding two years on charitable causes; or, the bingo
licensee has not conducted bingo games in the unincorporated area
of Sacramento County for the preceding 12 months;
3. The
bingo licensee has failed to equal or exceed, and has failed to maintain
for at least six consecutive months, at least the average percentage
net profit available from bingo in the unincorporated area of Sacramento
County as determined and defined by the Sheriff from, but not limited
to, bingo records of the licensee community during the previous County
fiscal year;
4. The
bingo licensee does not have enough volunteers to staff the extra
sessions;
5. The
bingo licensee's accounting records have never undergone a compliance
examination required by the County or there exist uncorrected deficiencies
from a compliance examination conducted by the County;
6. The
additional sessions will be detrimental to public safety, health or
welfare; or
7. The
licensee has failed to comply with other provisions of this chapter,
the Sacramento County Administrative Regulations adopted pursuant
to this chapter, the California
Penal Code Section 326.5, or any other
applicable State of California, County of Sacramento, Federal law,
or administrative rule or regulation, as they may be amended from
time to time.
C. The Sheriff shall notify the bingo licensee in writing of the denial of a licensee's application to conduct more than one bingo session per week and shall in such notice state the reason(s) for the denial and that the licensee has 15 calendar days from the date of service of such written notice of denial to file an appeal of such denial. Upon timely request by the licensee, the appeal hearing process and related procedures shall proceed pursuant to the provisions of Sections
4.10.115 through
4.10.130 of Chapter
4.10 of this title.
D. The Sheriff may limit or reduce the number of additional sessions authorized per week based on findings described in subsection
(B) of this section.
E. With
the exception of live called bingo, and the sale of pulltabs, as authorized
by this chapter, any other form of bingo or gaming for cash, prize
or award is prohibited during a bingo session. This prohibition includes,
but is not limited to, sweepstakes activities, lotteries and raffles.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996; SCC 1353 § 6, 2007; SCC 1403 § 18, 2008; SCC 1622 § 7,
2018)
A. Notwithstanding the permission contained in a Special Business License pursuant to Section
4.26.105, and notwithstanding any provision of this chapter or Chapter
4.10 to the contrary, it shall be unlawful for any person who holds a Special Business License authorizing the operation of bingo games to conduct bingo games at a place which is or would by virtue of the conduct of such games be or become a bingo parlor, as defined by Section
4.28.010 contained in Chapter
4.28, unless the bingo parlor has been authorized by a valid unexpired, unrevoked Special Business License issued pursuant to the provisions of Section
4.28.030 and Chapter
4.28.
B. Notwithstanding any other provision of this chapter or Chapter
4.10 to the contrary, violation of the provisions of subsection
A of this section shall constitute grounds for revocation of a Special Business License authorizing the operation of bingo games issued pursuant to the provisions of this chapter and Chapter
4.10.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996)
The Sheriff shall have the authority to temporarily suspend the bingo license by ordering in writing that the licensee immediately cease and desist any further operations of any bingo game pending expiration of the time for appeal or exhaustion of an appeal pursuant to the provisions and notice procedure of Section
4.10.145 of Chapter
4.10 if the Sheriff finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health or safety of the public caused by exercise of the license, and one of the following occurs:
A. The
bingo licensee is conducting a bingo game in violation of any of the
provisions of this chapter, California
Penal Code Section 326.5, the
Sacramento County Administrative Regulations adopted pursuant to this
chapter, or any other applicable State of California, County of Sacramento,
Federal law, or administrative rule or regulation, as they may be
added or amended from time to time;
B. The
bingo licensee has not made available for the conduct of a compliance
examination, audit, review, inspection, or for photocopying, at any
reasonable time upon the demand of the Sheriff all records necessary
to determine or establish compliance with the provisions of this chapter,
Sacramento County Administrative Regulations adopted pursuant to this
chapter, California
Penal Code Section 326.5, or any other applicable
State of California, County of Sacramento, Federal law, or administrative
rule or regulation, as they may be added or amended from time to time;
or
C. The
bingo licensee has not kept records as required by the Sheriff, this
chapter,
Penal Code Section 326.5, Sacramento County Administrative
Regulations adopted pursuant to this chapter, or any other applicable
State of California, County of Sacramento or Federal law, administrative
rule or regulation, as they may be amended from time to time; or,
has not kept records necessary to determine compliance with applicable
laws and administrative rules and regulations pursuant to generally
accepted principles of accounting when such records are not prescribed
to be kept in any specific manner or type by the Sheriff, this chapter,
Sacramento County Administrative Regulations adopted pursuant to this
chapter,
Penal Code Section 326.5, or any other applicable State of
California, County of Sacramento, Federal law, or administrative rule
or regulations, as they may be added or amended from time to time.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996; SCC 1403 § 19, 2008)
A. The temporary suspension shall be effective no sooner than 24 hours following the time and date of delivery of the notice thereof as is provided in Section
4.10.145 of Chapter
4.10 and the procedures for appeal and notice of temporary suspension shall be as prescribed in Section
4.10.145.
B. Upon timely request by the licensee, the appeal hearing process and related procedures of a revocation or suspension of its license pursuant to Section
4.10.135 of Chapter
4.10 shall proceed pursuant to the provisions of Sections
4.10.115 through
4.10.155 of Chapter
4.10 of this title.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996)
Any person who continues to conduct a bingo game after temporary suspension pursuant to Section
4.26.130, or suspension pursuant to Section
4.10.135, is guilty of a misdemeanor.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996)
Notwithstanding the provisions of Section
4.10.145 of Chapter
4.10, an organization whose license has been temporarily suspended, suspended, or revoked cannot receive bingo proceeds from any source during the period of temporary suspension, suspension, or revocation. A violation of this section shall result in a permanent license revocation to the organization involved.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996)
It is prohibited for bingo licensees to use bingo paper and pull tabs purchased from suppliers that are not licensed to conduct a bingo supply business by the County of Sacramento pursuant to Chapter
4.29.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996)
The County of Sacramento may bring an action in a court of competent
jurisdiction to enjoin a violation of Section 326.5 of the California
Penal Code, of this chapter, Sacramento County Administrative Regulations
adopted pursuant to this chapter, or any other applicable State of
California, County of Sacramento, Federal law, or administrative rule
or regulation, as they may be amended from time to time.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996)
The Sheriff may prescribe such regulations with respect to the conduct of the games and the equipment used by the licensee as deemed necessary to ensure the fairness and integrity of the games, and the accountability of the funds collected. Violation of such regulations shall constitute grounds for revocation of the Special Business License, as set forth in this chapter and Chapter
4.10.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996)
A. Except as provided in subsection
B of this section, it is unlawful for organizations licensed under this chapter to:
1. Permit
the use of player-operated machines, devices, or equipment that is
computerized, electronic, mechanical or which employs a video display,
in a bingo game;
2. Store,
maintain or display on the premises the organization uses for its
bingo activities, any computerized, electronic or mechanical device
or any device which utilizes or employs a video display, which is
used for the play of bingo or any other gaming device, including,
but not limited to, those used to conduct, sweepstakes, raffles or
lotteries.
B. Card
Minders.
1. Purpose.
The purpose of this subsection is not to permit the use of all electronic
bingo aids in bingo. The purpose is to permit the bingo licensee to
use a bingo card minder on the conditions and specifications set forth
in California
Penal Code Section 326.5(p), regulations established
by the California Gambling Control Commission and this subsection.
2. Prohibition
on Electronic Devices. Electronic or video displays shall not be used
in connection with the game of bingo, including card minders, except
in connection with the caller's drawing of numbers or symbols and
the public display of that drawing, and except as provided in Penal
Code Section 326.5(p), the provisions of this chapter, Sacramento
County Administrative Regulations adopted pursuant to this chapter,
California
Penal Code Section 326.5 generally, or any other applicable
State of California, County of Sacramento, Federal law, or administrative
rule or regulation, as they may be added or amended from time to time.
3. Players
utilizing card minders must be physically present at a live called
bingo game.
4. Description.
Card minders are hand held portable devices used to assist players
in monitoring the numbers or symbols announced by a live caller as
those numbers are called in a live game.
5. Requirements.
A card minder shall do all of the following:
a. Be capable of storing in the memory of the device bingo faces from
tangible cards purchased by a player;
b. Provide a means for bingo players to input manually each individual
number or symbol announced by a live caller;
c. Compare the numbers or symbols entered by the player to the bingo
faces previously stored in memory for the device;
d. Identify winning bingo patterns that exist on the stored bingo faces.
6. Prohibitions.
A card minder shall neither perform a function involving the play
of the game other than those described in subsection (B)(5) of this
section, nor do any of the following:
a. Be capable of accepting or dispensing any coins, currency or other
representative of value or on which value has been encoded;
b. 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;
c. 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;
d. 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.
7. Requirement
of Sheriff's Approval. No card minder device may be used or operated
by any bingo licensee without prior approval of the device by the
Sacramento County Sheriff's Department.
8. Notwithstanding
any other provision of this chapter, no card minder device may be
approved by the Sacramento County Sheriff, or operated by any licensee
or player unless said card minding device has received prior approval
from the California Gambling Control Commission, as described in Penal
Code Section 326.5(p)(3)(A). Any proposed material change to the device,
including change to the software used by the device, must be approved
by the commission prior to its implementation.
9. All
card minders must be operated and played in compliance with any and
all regulations adopted for the use of the devices by the Commission
on Gambling Control as described in
Business and Professions Code
Section 19850.6 and any other applicable provisions of law.
10. The costs for any testing, certification, license or determination
shall be borne by the person or entity seeking it.
11. The bingo card minder is not to alter the bingo cards.
12. The player shall have in their possession the pre-printed bingo cards
with configurations that were sold to the player by the bingo licensee
for use with the bingo card minder that correspond exactly to such
bingo card configurations loaded into the bingo card minder.
13. Players shall manually input or daub numbers called by the bingo
licensee into the individual player operated units or components of
the bingo card minder; automatic daubing shall not be permitted.
14. Verification by the bingo licensee of a winning combination shall
not be made solely on the bingo card minder, but may be verified by
using the paper or cardboard card. Players shall notify the game operator
or caller of a winning pattern of bingo.
15. The bingo card minder, including the individual player operated units
or components of the bingo card minder, shall be enabled for play
solely by the bingo licensee; and, only on the premises where the
games are conducted. The bingo card minder shall be loaded by the
bingo licensee. All individual player operated units or components
of the bingo card minder shall be rented or otherwise provided to
a player solely by the bingo licensee.
16. Prior to giving physical possession of the individual player operated
unit or component of the electronic bingo card minder to the player,
the bingo licensee shall receive payment from the player for the number
of games requested by the player that are loaded into the bingo card
minder.
17. The bingo licensee shall at the time of payment issue to the player:
an individual player operated unit or component of the bingo card
minder and a receipt indicating, the amount paid, the number of cards
and games sold to the player and activated in the bingo card minder.
18. The Sheriff shall by administrative regulation determine the maximum
number of bingo cards that may be loaded into a player operated unit
or component of a bingo card minder during a bingo game, but such
number shall in no event exceed 144 bingo card faces.
19. Only one player operated unit or component of an electronic bingo
card minder may be used by a bingo player during a bingo game.
20. Each player electing to use the bingo card minder shall have an equal
opportunity to do so. The bingo licensee shall distribute each player
operated unit or component of the electronic bingo card minder for
play on a random basis; first come, first served. No particular player
operated unit or component of the bingo card minder shall be reserved
for any player.
21. Only a bingo supplier licensed by Chapter
4.29 of this title may remove the bingo card minder from the premises where the games are conducted. Removal may be for repair or for use by another organization licensed by Chapter
4.26 to conduct bingo. A record shall be maintained by the bingo licensee of: all bingo card minders removed from such premises; the name of the person, and business if any, who has taken the device from such premises; the site address where taken; the return date if any; and, disposition of the bingo card minder.
22. Accounting records pertaining to bingo card minders, including the internal accounting system of the bingo card minder, shall be retained as prescribed by Section
4.26.080 of this chapter.
23. The bingo licensee shall not conduct bingo games where a player is
required to use a bingo card minder. During all games, the use of
a bingo card minder shall be at the option of the bingo player. The
bingo licensee shall permit all players to play in all bingo games
without the use of a bingo card minder.
24. The bingo licensee shall require a player electing to use a bingo
card minder to purchase no less than the licensee's minimum number
buy-in of bingo cards for use without a bingo card minder.
25. The player operated units or components of the bingo card minder
in possession of the players shall not have the capability to print
and shall not print configurations of the bingo cards.
26. The bingo card minder including related circuitry shall be sealed
and secured in order to prevent unauthorized removal, additions, changes,
or other alterations to the data within such bingo card minder.
27. The Sheriff may, upon demand, examine and inspect the bingo card
minder, or any player operated unit or component of the bingo card
minder, during the conduct of the games if the Sheriff detects or
discovers any problem with such equipment that affects the integrity
of the bingo game or such equipment. The bingo licensee shall immediately
cooperate and comply upon the Sheriff's demand for such examination
and inspection. Such examination and inspection shall include immediate
access to the bingo card minder, player operated units or components
of the bingo card minder, and inspection of all associated parts and
systems, as applicable; and, may involve the immediate removal of
the bingo card minder, player operated units or components of the
bingo card minder, or related system or parts, as applicable, from
the game premises for further testing.
28. If, at any time, the Sheriff detects or discovers any malfunction
with a bingo card minder, or any player operated unit or component
of the electronic bingo card minder, that affects the integrity of
such equipment or the bingo game, the Sheriff may order the bingo
licensee to cease the use of the bingo card minder or a player operated
unit or component of the bingo card minder, as applicable, immediately.
The bingo licensee shall comply immediately with such Sheriff's order.
29. If the bingo licensee detects or discovers any malfunction or any
problem or occurrence with the bingo card minder, or the player operated
unit or component of the bingo card minder, that affects the security
or the integrity of the bingo game or such equipment, the bingo licensee
shall cease immediately the use of the bingo card minder or affected
player operated unit or component of the bingo card minder, as applicable.
(SCC 0992 § 5, 1995; SCC
1061 § 1, 1996; SCC 1155 § 2,
1999; SCC 1353 § 7, 2007; SCC 1403 § 20, 2008; SCC 1487 § 1,
2011)
The Sacramento County Sheriff's Bingo Compliance Unit has determined
that bingo conducted in the unincorporated areas of Sacramento County
must meet all the following criteria:
A. With
the exception of the sale of individual pull-tabs, only live called
bingo games may be played during a session.
B. A minimum
of two players per game is required.
C. The
winning pattern or arrangement must be known and announced before
the game begins.
D. Players
must obtain a card before numbers for an individual game are drawn.
E. A game
begins when the first number is drawn. A game ends when a winning
card or cards is identified and verified.
F. The
numbers used in the game must be randomly drawn or determined from
a nonreplaceable pool of 75 numbers. Numbers drawn must be random
as to the entire pool.
G. The
numbers randomly drawn must be used in real time and not stored for
later use.
H. Selected
numbers are used in the sequence in which they are drawn.
I. Players must cover or daub after each release in order to achieve any winning pattern, except that a player may later cover or daub numbers or symbols slept (as defined in subsection
(M) of this section) following a previous release ("catch up") for use in obtaining the game-ending pattern. The game winning pattern cannot be achieved in a single ball release, thus requiring that players participate in the contest to be the first to cover the winning pattern.
J. All
players must have the same opportunity to cover or daub to reflect
their participation in a common game. To cover or daub a player in
a game must take overt action after numbers are released. Bingo card
minders may not include a feature whereby covering or daubing after
a release occurs automatically or without overt action taken by the
player following the release.
K. The
random number draw for each game must continue until a winner is determined.
Each game must have a winning player and a game-winning prize must
be awarded in every game. All prizes in a game must be awarded based
on the outcome of the game of bingo and may not be based on events
outside the selection and covering of numbers or symbols used to determine
the winner in the game and the action of the competing players to
cover the pre-designated winning patterns.
L. The
game must be won by the first player or group of players who obtain
a pre-designated winning pattern and who covers or daubs the numbers
yielding that winning pattern.
M. If a
player sleeps the game-ending pattern, the game must continue until
a player subsequently obtains and covers or daubs and claims the game-ending
prize. To "sleep" or to "sleep a bingo" means that a player fails,
within a certain time allowed by the game: (1) to cover or daub the
previously released numbers or other symbols on that player's card(s)
constituting a game-winning or game-ending pattern or other pre-designated
winning pattern, or (2) to claim the prize to which the player is
entitled; having covered or daubed a previously designated winning
pattern thereby resulting in the forfeiture of the prize to which
the player would otherwise be entitled.
N. Consolation,
secondary or interim prizes are permissible if the award of the prize
is made on the basis of designated numbers or symbols on a tangible
card that conforms to numbers or symbols selected at random and the
award of these prizes is based on the play of bingo in the same manner
as for the game ending pattern. For purposes of this provision, a
consolation, secondary, interim prize pattern shall constitute a separate
game as that term is used in California
Penal Code Section 326.5(n).
Interim prizes cannot exceed the statutory maximum for a single prize.
O. Regardless
of the buy-in level, all players must play for the same game ending
patterns.
P. Prizes
for any game cannot exceed a total of $500.
Q. Players
utilizing card minders must have in their possession paper cards that
have been loaded into the card minder.
R. Bingo
card minders may not receive or disperse cash or coin. Player buy-ins
and prize amounts must be received and dispersed at a common point
of sale(s).
S. A hardcopy
of bingo patterns and prize amounts must be available to all players.
T. At the
conclusion of each game, the numbers drawn must be returned to the
pool for re-use in the next game. Drawn numbers cannot be stored for
use in a later game.
U. There
is to be no co-mingling of bingo with other forms of gaming or with
any activity which involves the award of prizes or payouts, such as
lotteries, sweepstakes or raffles. The only activities which may take
place during a bingo session are live called games, and the sale of
pulltabs, which may start one half hour prior to the first draw of
the first number of the first live called game. Pulltab sales must
cease upon the determination of the winning player(s) in the final
scheduled game of a session.
V. No bingo manager, security employee or volunteer for that session shall participate as a player in the play of any bingo game, except that a licensee manager or volunteer may assist a player in the play of that player's cards, or in the use of a card minder, as described in Section 4.26.167(b) of this chapter, as part of an accommodation or auxiliary aid, provided that assistance does not involve or require the use of a computerized, mechanical or electronic device other than a card minder as authorized by Section
4.26.167(B).
W. Prior
to providing the prize or payout for any winning bingo card or pulltab,
valued at $50 or more, the licensee shall document the identity of
the winning player and verify that player's identity with a photographic
identification. No payout of $50 is to be provided unless that player
provides the required identification and the payout is documented.
The licensee is to record the identification of the winning player,
the amount(s) paid out and the session date and time of the payout.
All records of payouts are to be maintained and submitted at the time
of any and all audits or examinations as required or authorized by
this chapter or any Sacramento County Bingo Regulations.
(SCC 1403 § 21, 2008; SCC 1622 § 8, 2018)
It is unlawful for any licensee to make or disseminate or cause
to be made or disseminated before the public in this County, in any
newspaper or other publication, or any advertising device, or any
other manner or means whatsoever, any statement concerning any such
bingo game including, but not limited to, the amount of prizes to
be awarded or distributed in any game, which is untrue or misleading,
and which is known or which, by the exercise of reasonable care, should
be known to be untrue or misleading.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996)
A. It is
a misdemeanor under Section 326.5 subdivision (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
for activities related to bingo or the bingo operation. The expenditure
of any revenues or proceeds derived from bingo to pay employees, members,
or contractors of licensed organizations for services associated with
the planning, organization, management, operation or staffing of bingo
games, or related to bookkeeping, accounting, auditing or technical
advice concerning the handling or disposition of such revenues or
proceeds is prohibited. A violation of this prohibition is punishable
by a fine not to exceed $10,000, which fine shall be deposited in
the general fund of the County of Sacramento.
B. In addition to other applicable provisions of this title, a violation of any of the provisions of this chapter, Sacramento County Administrative Regulations adopted pursuant to this chapter, California
Penal Code Section 326.5, or any other applicable State of California, County of Sacramento, Federal law, or administrative rule or regulation, as they may be amended from time to time, shall be grounds for the Sheriff to suspend, revoke, or deny the renewal of a Special Business License to conduct bingo games issued pursuant to the provisions of this chapter and Chapter
4.10.
(SCC 0758 § 2, 1989; SCC
0992 § 5, 1995; SCC 1061 § 1,
1996; SCC 1155 § 3, 1999)
Bingo licensees who discontinue conducting bingo games shall
follow the accounting requirements prescribed by the Sheriff in the
Sacramento County Administrative Regulations adopted pursuant to this
chapter. Their failure to do so shall result in denial of a subsequent
license to conduct bingo games for two years from the last day a bingo
game was conducted.
(SCC 0992 § 5, 1995; SCC
1061 § 1, 1996)