A system of regulating bingo suppliers in conjunction with the regulation of organizations authorized to conduct bingo games pursuant to California Penal Code Section 326.5 and of bingo parlors is necessary to ensure the maximum use of bingo proceeds and profits for charitable purposes and to limit the abuses stemming from increased commercialization of bingo in the unincorporated area.
(SCC 661 § 2, 1986; SCC 0760 § 2, 1989; SCC 0992 § 9, 1995; SCC 1061 § 3, 1996)
As used in this chapter, the terms identified by Sections 4.29.015 through 4.29.020 shall be ascribed the meanings indicated.
(SCC 661 § 2, 1986; SCC 0760 § 2, 1989; SCC 0992 § 9, 1995; SCC 1061 § 3, 1996)
"Bingo supplier"
means any person or enterprise which, for a consideration, sells, rents, supplies, provides or furnishes equipment, products, goods, paper or other items for use in the conduct of bingo games.
(SCC 661 § 2, 1986; SCC 0760 § 2, 1989; SCC 0992 § 9, 1995; SCC 1061 § 3, 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 § 2, 1986; SCC 0760 § 2, 1989; SCC 0992 § 9, 1995; SCC 1061 § 3, 1996)
No person shall, unless under and by authority of a valid, unrevoked and unexpired Special Business License, sell, rent, supply, provide or furnish for a consideration, any equipment, products, goods, paper or other items for use in the conduct of bingo games. A bingo supplier shall be deemed to operate or conduct business within the unincorporated area of the County if the bingo supplier or representatives thereof sell, rent, supply, provide or furnish for a consideration, within the unincorporated area of the County, any equipment, products, goods, paper or other items for use in the conduct of bingo games, whether or not the bingo supplier operates from a fixed location within another jurisdiction.
(SCC 661 § 2, 1986; SCC 0760 § 2, 1989; SCC 0992 § 9, 1995; SCC 1061 § 3, 1996; SCC 1403 § 29, 2008)
The Sheriff shall issue a Special Business License unless:
A. 
One or more of the findings prescribed by Section 4.10.040 subsections (A), (B), (C) or (D) is made;
B. 
The bingo supplier sells, rents, supplies, provides or furnishes any equipment, products, goods, paper or other items for use in conjunction with or in the conduct of bingo games 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;
C. 
The applicant has a current license under Sacramento County Code Chapter 4.26 or 4.28 or any officer, manager, representative, employee, consultant, contractor, subcontractor, or consultant of the applicant, or any immediate family member thereof, defined as parent, child, or sibling by blood or affinity, is presently serving, or in the past five years has served as a manager, officer, member of a governing board or volunteer for any bingo licensee or bingo parlor operator or received any salary, compensation, gratuity, gift or any thing of value in any amount from any bingo licensee or bingo parlor operator; or
D. 
The applicant has violated or is not in compliance with this chapter, California Section 326.5 of the Penal Code, 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 § 2, 1986; SCC 0760 § 2, 1989; SCC 0992 § 9, 1995; SCC 1061 § 3, 1996; SCC 1403 § 30, 2008)
A. 
The bingo supplier licensee shall keep full and accurate records of all inventory, income received and expenses disbursed in connection with the sale, rental, supply, provision or furnishing of any equipment, products, goods, paper or other items for use in the conduct of bingo games, 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 rule or administrative 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, supplier 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 supplier licensee records described in subsection (A) of this section not less frequently than annually, for each 12 months of each licensee's operation.
D. 
Such records 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 § 2, 1986; SCC 0760 § 2, 1989; SCC 0992 § 9, 1995; SCC 1061 § 3, 1996; SCC 1622 § 11, 2018)
The supplier licensee shall keep and preserve the records described in subsection (A) Section 4.29.035 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 § 9, 1995; SCC 1061 § 3, 1996; SCC 1622 § 12, 2018)
The licensee shall not organize, manage, supervise, conduct, control or otherwise participate in or influence either the operation of any bingo game conducted in the unincorporated area of the County or the promotion thereof.
(SCC 661 § 2, 1986; SCC 0760 § 2, 1989; SCC 0992 § 9, 1995; SCC 1061 § 3, 1996)
A. 
With the exception of revenue generated by any business or enterprise for which a Special Business License is required pursuant to this chapter, no bingo supplier 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:
1. 
The price or cost of bingo supplies is adjusted by the licensee based on the profits, losses or tax exempt status of any organization licensed under Chapter 4.26;
2. 
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
3. 
The licensee maintains an accounts receivable for an organization licensed to conduct bingo games pursuant to Chapter 4.26 for amounts owed to the bingo supplier for a period that exceeds 30 days from the invoice date or 10 days from the statement date, whichever occurs later. For purposes of this subsection "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. 
The licensee with knowledge that a bingo licensee licensed pursuant to Chapter 4.26 has not paid its supplier account(s) to any supplier within the required period as provided in subsection (A)(3) of this section shall not sell or rent supplies to such a bingo licensee until all the bingo licensee's account(s) are brought within the time period provided for within subsection (A)(3) of this section.
C. 
The licensee provides, or in the prior three years has provided, a salary, compensation, gratuity, consulting fee, gift or anything of value in any amount, except for bingo supplies pursuant to a transaction for consideration made in compliance with this chapter, California Penal Code Section 326.5, any regulations adopted by the Sacramento County Sheriff or the State of California and any applicable State and Federal laws, rules and regulations, to any officer, manager, volunteer or member of the governing board of any charitable organization licensed to conduct bingo pursuant to Chapter 4.26, or to any immediate family member thereof.
(SCC 661 § 2, 1986; SCC 0760 § 2, 1989; SCC 0992 § 9, 1995; SCC 1061 § 3, 1996; SCC 1403 § 31, 2008)
Licensed bingo suppliers shall maintain a complete set of records which includes detail of all activities. These records shall include, but are not be limited to the following:
A. 
Pre-printed sales invoices which reflect the following information:
1. 
Date of sale;
2. 
The customer name, and complete business address;
3. 
A description and stock number of each line item sold; and,
4. 
Quantity and sales price of each line item.
B. 
The original and two copies of the pre-printed sales invoice shall be prepared and maintained as follows:
1. 
Original issued to the customer;
2. 
A copy retained in a file by customer name; and
3. 
A copy file in (invoice number) numerical sequence.
C. 
Credit memos for returned items shall be prepared in the same detail as items described in subsection (A) of this section.
(SCC 661 § 2, 1986; SCC 0760 § 2, 1989; SCC 0992 § 9, 1995; SCC 1061 § 3, 1996)
A. 
Except as provided in subsection (B) of this section, it is unlawful for bingo suppliers licensed under this chapter to:
1. 
Sell, rent, supply, provide or furnish player-operated machines, devices, or equipment that is computerized, electronic, mechanical, or which utilizes a video display to an organization licensed to conduct bingo pursuant to Chapter 4.26 herein, for use in a bingo game; or
2. 
Sell, rent, supply, provide, or furnish equipment for use in a bingo game in which the numbers to be called are selected by electronic means rather than by random selection of numbered balls from a pool of game balls.
B. 
Bingo Card Minder.
1. 
Purpose. The purpose of this subsection is not to permit a licensed bingo supplier to sell, rent, supply, provide or furnish to organizations licensed to conduct bingo pursuant to Chapter 4.26 herein all card minders for use in bingo. The purpose is to permit the licensed supplier to sell, rent, supply, provide or furnish to such organizations the use of bingo card minders on the conditions set forth herein and in California Penal Code Section 326.5(p) and any regulations adopted by the California Gambling Control Commission pursuant thereto.
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 as 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. 
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. Card minders may only be used in a live caller game.
4. 
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;
e. 
Comply with all requirements applicable to card minders established in regulation by the California Gambling Control Commission.
5. 
Prohibitions. A card minder shall perform no function involving the play of the game other than those described in subsection (4), nor shall they 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.
6. 
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.
7. 
Not withstanding 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 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.
8. 
All card minders must be operated and played in compliance with any and all regulations adopted for the use of the devices by the California Gambling Control Commission as described in Section 19850.6 of the Business and Professions Code and any other applicable provisions of law.
9. 
The costs for any testing, certification, license or determination shall be born by the person or entity seeking it.
10. 
A bingo card minder is not to alter the bingo cards.
11. 
A bingo card minder is to be used in conjunction with tangible bingo cards in order to assist the player identify a winning card. The bingo card minder is not to be used as an electronic or computerized game of bingo, or as a substitute for required bingo cards, or as a substitute for any other requirements of bingo as provided in Chapter 4.26 or in Penal Code Section 326.5.
12. 
A bingo card minder shall be loaded by the organization licensed to conduct bingo.
13. 
Prior to being permitted to operate by any Sacramento County charitable organization or any bingo parlor, bingo card minders, including all related system hardware and software, must be approved in advance by the California Gambling Control Commission.
14. 
The bingo card minder shall not interfere or interact with the element of chance in the game.
15. 
The bingo card minder shall permit a player to use a player operated unit or component of the bingo card minder to manually input or daub numbers called in a bingo game into the bingo card minder. Automatic daubing shall be allowed.
16. 
A bingo card minder may be removed from the place where the games are conducted solely by the supplier licensee for repair or to transfer to another organization licensed to conduct bingo pursuant to Chapter 4.26 for the conduct of bingo. The supplier licensee shall keep a record of the bingo card minder received; the date received; the repairs made, if any; the particular malfunction, if any; the name of the licensed organization that the bingo card minder or part thereof was removed; and, the date the card minder or part thereof is returned to an organization if returned, or notation of what action taken if not returned.
17. 
The bingo supplier licensee's accounting records pertaining to bingo card minders shall be retained as prescribed by Section 4.29.050 of this chapter. A bingo card minder shall work with an accounting system that records, and retains for a retention period of not less than that found in Section 4.26.080 of Chapter 4.26, Title 4, hereof, the serial number of each bingo card or face sold, the price of each card sold, and the total amount of the bingo card minder proceeds from each session. A bingo card minder's capabilities and information must not be lost through power failure or other disruption during the session.
18. 
The individual player operated units or components shall not have this capacity to print or pre-print the configuration of bingo cards.
19. 
The bingo card minder including related circuitry shall be sealed and secured in order to prevent unauthorized removal, additions, changes, or other alterations or tampering with the data within such bingo card minder.
20. 
If the Sheriff detects or discovers any problem with a bingo card minder, including the player operated electronic bingo aid unit or component, or any related system or parts, that affects the integrity of the bingo game, or such equipment, the Sheriff may, upon demand, examine and inspect such equipment, as applicable, if it is in possession of the supplier licensee after removal from the place where the game of bingo is conducted. The Sheriff may upon demand examine and inspect any bingo card minder, player operated unit or component of an bingo card minder, or related system or parts, for sale, rent, supply, or to be provided or furnished by the supplier licensee to an organization licensed to conduct bingo. Such examinations and inspections shall include immediate access to the bingo card minder, including the player operated unit or component of an bingo card minder, and unlimited inspection of all parts and associated systems, as applicable; and, may involve the removal of such equipment, as applicable, from the supplier licensee's premises or possession for further testing. Upon the Sheriff's demand, the supplier licensee shall immediately comply and cooperate with the Sheriff for such examinations, inspections, or removals.
21. 
If at any time the Sheriff detects or discovers any problem with an bingo card minder, or with a player operated bingo unit or component of the bingo card minder, or with any related system or parts, that affects the security or the integrity of a bingo game or such equipment, the Sheriff may order the supplier licensee to cease the sale, rental, supply, or provision or furnishing of such bingo card minder or player operated unit or component, as applicable, to an organization licensed to conduct bingo, and the supplier licensee shall comply immediately with such Sheriff's order.
22. 
If at any time the supplier licensee detects or discovers any problem with a bingo card minder, or with a player operated unit or component of the bingo card minder, or any related system or parts, that affects the security or the integrity of a bingo game or such equipment, the supplier licensee shall cease immediately to sell, rent, supply, provide, or furnish the electronic bingo card minder or player operated unit or component, as applicable, to an organization licensed to conduct bingo, and shall notify the Sheriff, and/organizations licensed to conduct bingo who have secured possession of such bingo card minder from such bingo supplier, of such malfunction, problem or occurrence.
(SCC 0760 § 2, 1989; SCC 0992 § 9, 1995; SCC 1061 § 3, 1996; SCC 1155 § 5, 1999; SCC 1353 § 9, 2007; SCC 1403 § 32, 2008)
The Sheriff shall have the authority to temporarily suspend the supplier's license by ordering in writing that the licensee immediately cease and desist any further operations of the bingo supply business 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 supplier 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 from time to time;
B. 
The supplier 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 amended from time to time; or,
C. 
The supplier 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, 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 0992 § 9, 1995; SCC 1061 § 3, 1996)
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 0992 § 9, 1995; SCC 1061 § 3, 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 bingo supplier for supplies purchased by a bingo licensee licensed pursuant to Chapter 4.26 of this 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 for a bingo supplier issued pursuant to the provisions of this chapter.
(SCC 0992 § 9, 1995; SCC 1061 § 3, 1996; SCC 1155 § 6, 1999)