The regulatory provisions of this chapter are necessary to ensure that bingo parlors are operated subject to reasonable conditions for the protection of the public health, safety and welfare. A system of regulating bingo parlors, in conjunction with the existing regulations of organizations licensed to conduct bingo in accordance with Chapter 4.26, encourages the maximum use of bingo proceeds and profits for charitable purposes, but also limits the commercialization of bingo, particularly by criminal or otherwise undesirable elements.
The licensing regulations for bingo parlors further clarify and define the relationship between the bingo parlor and the licensed charitable organizations with respect to the operation and management of bingo games in the unincorporated area.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996; SCC 1353 § 8, 2007; SCC 1403 § 22, 2008)
As used in this chapter, the terms identified by Sections 4.28.010 through 4.28.017 shall be ascribed the meanings indicated.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996)
A "bingo parlor" means a building, facility, or other improvement upon which space is leased, rented or otherwise allocated for monetary consideration to two or more organizations possessing a Special Business License pursuant to Chapter 4.26, within or upon which bingo games sponsored by the licensed organizations are conducted. A bingo parlor shall not be deemed to mean or include a building, facility, or other improvement which is owned by a public agency, within or upon which space is rented, leased or otherwise allocated for the operation of bingo games by two or more licensed organizations.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § , 1995; SCC 1061 § 2, 1996)
As used in this chapter, the term "bingo" shall be deemed to mean a game of chance as specifically defined in Chapter 4.26, Section 4.26.010.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996)
No person shall, unless under and by authority of a valid, unrevoked and unexpired Special Business License issued pursuant to the provisions of this chapter, operate a bingo parlor in the unincorporated area of the County, whether singularly or in connection with another type of enterprise. A person shall be deemed to operate or conduct a bingo parlor and violate this section if the person, without a Special Business License supervises, directs, organizes, controls or is in any way responsible for or in charge of a bingo parlor for which a Special Business License is required.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996)
In addition to the matters prescribed by Chapter 4.10, Section 4.10.030, an application for a Special Business License to operate a bingo parlor shall contain the following:
A. 
A copy of all leases, contracts or other agreements regarding the use or occupancy of the bingo parlor by and between the licensee and any organization licensed to conduct bingo games pursuant to Chapter 4.26;
B. 
A description of all uses which any organization licensed pursuant to Chapter 4.26 shall make of the bingo parlor premises; and
C. 
A detailed description of the facility, services, resources and security personnel which the licensee shall provide to each organization licensed pursuant to Chapter 4.26 which shall operate or conduct a bingo game at the bingo parlor.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996)
The Sheriff shall issue a Special Business License unless:
A. 
One or more of the findings prescribed by Section 4.10.040 subsection (A), (B), (C) or (D) is made;
B. 
The bingo parlor has violated, or will be conducted, operated or managed in a manner which violates, California Penal Code Section 326.5, 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; or
C. 
The applicant holds a current license under Sacramento County Code Chapter 4.26 or 4.29 or any officer, manager, representative, employee, consultant, contractor, subcontractor or consultant or any immediate family member, defined as parent, child, or sibling by blood or affinity, is presently serving, or in the prior three years has served as a manager, officer, member of a governing board or volunteer for any bingo licensee or bingo supplier or received any salary, compensation, gratuity, gift or any thing of value in any amount from any bingo licensee or bingo supplier.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996; SCC 1403 § 24, 2008)
No person shall work in a bingo parlor as a bingo parlor manager and no person who holds a Special Business License authorizing operation of a bingo parlor shall employ any person as a bingo parlor manager unless such person possesses a valid Employee Permit or a Special Business License issued pursuant to the provisions of Chapter 4.10 and this chapter.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996)
In addition to the matters prescribed by Section 4.10.080, an application for an Employee Permit to serve as a bingo parlor manager shall contain a list of each arrest resulting in either a conviction, a plea of guilty or a plea of nolo contendere. This list shall, for each such conviction, plea of guilty or plea of nolo contendere, set forth the date of arrest, the offense charged and the offense for which the applicant was convicted, or entered a plea of guilty or plea of nolo contendere.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996)
Upon receipt of an application for an employee permit to serve as a bingo parlor manager, the Sheriff shall conduct such investigation pursuant to Section 4.10.085 as is deemed necessary. The Sheriff shall issue the permit pursuant to Section 4.10.090 unless he or she finds any of the following:
A. 
That the application fails to contain information required by the Sheriff or Section 4.28.040, or is otherwise incomplete;
B. 
That information contained in the application is false or otherwise inaccurate;
C. 
That the applicant 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, has done any act involving dishonesty, fraud or deceit with intent to substantially benefit him or herself, or another, or substantially injure another; and the Sheriff concludes that by reason of the crime or act the applicant may not perform his or her duties as a bingo parlor manager in a law-abiding manner or in a manner which does not subject patrons of the bingo parlor to risk of harm or criminal, deceitful or otherwise unethical practices.
Notwithstanding the foregoing, an application shall not be denied 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 when considering the denial of a license under California Penal Code Section 4852.05; or
D. 
That the applicant has violated or is in noncompliance with any of the provisions of this chapter, California Penal Code Section 326.5, 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, and as they may be amended from time to time.
E. 
That the applicant or any member of the applicant's immediate family defined as parent, child, spouse, or sibling by blood or affinity is affiliated with any person or entity which holds a current license under Sacramento County Code Chapter 4.26 or 4.29 or is presently, or in the prior five years has served as a manager, officer, member of a governing Board or volunteer for any bingo licensee or bingo supplier or received any salary, compensation, gratuity, gift or any thing of value in any amount from any bingo licensee or bingo supplier.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996; SCC 1403 § 25, 2008)
An employee permit may be revoked or suspended pursuant to Section 4.10.140 upon any of the following grounds:
A. 
Violation of any of the duties, terms, conditions, requirements or prohibitions contained in this chapter, in the 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;
B. 
Violation of any duties, terms, conditions requirements or prohibitions imposed by Chapter 4.02 or Chapter 4.10;
C. 
Misrepresentation of a material fact contained in the application for the permit; or
D. 
The Sheriff has acquired information supporting a finding as described by subsection (C) of Section 4.28.045 in relation to the holder of the permit.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996)
A. 
The parlor licensee shall keep full and accurate records of the income received and expenses disbursed in connection with its operation and conduct of a bingo parlor, and as 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 made 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, parlor 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 parlor licensee records described in subsection (A) of this section not less frequently than annually, for each 12 months of each licensee's operation.
D. 
Records described in subsection (A) of this section shall be subject to disclosure only pursuant to:
1. 
Any suspension, revocation or other proceeding conducted under this chapter or the Sacramento County Administrative Regulations adopted pursuant to this chapter; or
2. 
Any civil or criminal investigation conducted by the Sheriff, the District Attorney, the Grand Jury or the County Counsel. For all other purposes, the records shall be kept confidential by the Sheriff, as custodian of those records.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996; SCC 1622 § 9, 2018)
The parlor licensee shall keep and preserve the records described in subsection (A) of Section 4.28.055 of this chapter, for the following period of time, whichever occurs later:
A. 
Three years;
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 0992 § 7, 1995; SCC 1061 § 2, 1996; SCC 1622 § 10, 2018)
A. 
It is unlawful for any bingo parlor to operate or remain open for purposes of conducting bingo games between the hours of 2:00 a.m. and 10:00 a.m. of the same day.
B. 
A bingo parlor may only be open for bingo activities during the period of time which coincides with a scheduled session of a charitable organization licensed pursuant to Chapter 4.26.
C. 
No gaming activity, other than bingo, as authorized and described in Chapter 4.26 and California Penal Code Section 326.5 may be conducted at any time in any building or structure licensed as a bingo parlor. This prohibition includes, but is not limited to sweepstakes, raffles and lotteries.
D. 
No computerized, electronic or mechanical gaming or bingo devices, or any device utilizing a video display screen, other than card minding devices authorized under Section 4.26.167(b) of this chapter and Penal Code Section 326.5(p) may be stored, maintained, or displayed in any building or structure licensed as a bingo parlor or in any room or structure adjacent to the bingo parlor which is immediately accessible to the bingo parlor.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996; SCC 1403 § 26, 2008)
The licensee shall not organize, manage, supervise, conduct, control or otherwise participate in or influence either the operation of any bingo game conducted at the bingo parlor or the promotion thereof.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996)
With the exception of revenue generated by any business or enterprise for which a Special Business License is required pursuant to this chapter no licensee shall have a financial interest in the conduct of a bingo game operated in the unincorporated area of the County. A licensee shall be deemed to have a financial interest in the conduct of a bingo game including, but not limited to, the following situations:
A. 
Rent or other costs for the bingo parlor is adjusted based on the profits, losses or tax exempt status of any organization licensed under Chapter 4.26;
B. 
The licensee absorbs, assumes, shares or otherwise participates in the losses or profits of any bingo game conducted by any organization licensed under Chapter 4.26; or
C. 
The licensee maintains an accounts receivable for an organization licensed under Chapter 4.26 for rent amounts or other costs owed to the bingo parlor; except, for amounts owed by such organization from a previous day of bingo operation which are paid before the next day of bingo operation.
D. 
The licensee provides, or in the prior five years has provided, a salary, compensation, gratuity, consulting fee, gift or anything of value in any amount, except for the usage of the bingo parlor pursuant to a contract for consideration approved by the Sheriff pursuant to Section 4.28.025(a) of this chapter to any officer, manager, volunteer or member of the governing board of any charitable organization licensed to conduct bingo pursuant to Chapter 4.26.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996; SCC 1403 § 28, 2008)
The Sheriff shall have the authority to temporarily suspend the parlor's license by ordering in writing that the licensee immediately cease and desist any further operations of the parlor 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 parlor licensee is conducting its operation 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 amended or added from time to time;
B. 
The parlor 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, 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
C. 
The parlor licensee has not kept records as prescribed by the Sheriff, this chapter, California Penal Code Section 326.5, 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, and 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, 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.
(SCC 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 1996; SCC 1403 § 28, 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 the 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 661 § 1, 1986; SCC 0759 § 2, 1989; SCC 0992 § 7, 1995; SCC 1061 § 2, 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. Payment received by a parlor licensee for rent or lease of a parlor facility or other costs of the parlor related to bingo from a bingo licensee licensed pursuant to Chapter 4.26 and 4.10 of this County Code shall not be deemed a violation of this section. 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. 
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 a bingo parlor issued pursuant to the provisions of this chapter.
(SCC 0992 § 7, 1995; SCC 1061 § 2, 1996; SCC 1155 § 4, 1999)