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:
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:
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:
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)
Any person(s) who continues to operate and conduct the business of a bingo supplier after temporary suspension pursuant to Section
4.29.065, or suspension pursuant to Section
4.10.135, is guilty of a misdemeanor.
(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)