means a game of chance in which prizes are awarded on the
basis of designated numbers or symbols on a card which conform to
numbers or symbols selected at random.
(Prior code § 6504)
The provisions of this chapter shall prevail over any provisions of this code which are inconsistent herewith, including, but not by way of limitation the provisions of Chapters 5.04, 5.08 and 5.16 of this title.
(Prior code § 6500)
Bingo games for charitable purposes are authorized pursuant
to Section 19, Article IV, of the California Constitution, and Section
326.5 of the Penal Code, and in accordance with the provisions of
this chapter.
(Prior code § 6501)
Organizations 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, and mobile home park associations
and senior-citizen organizations, are eligible for a license to conduct
bingo games, and provided that the proceeds of such games are used
only for charitable purposes. In addition, no such organization shall
be eligible for a license unless it has been organized and established
in the city for a minimum of one year continually preceding the filing
of the application for such license.
(Prior code § 6502)
No organization shall engage in, carry on, maintain, conduct
or cause to be engaged in, carried on, maintained or conducted a bingo
game in the city without first having secured a license in accordance
with the requirements of this chapter, nor without complying with
the regulations contained in this chapter pertaining to the operation
of bingo games.
(Prior code § 6503)
The application procedure provided for in this chapter shall
be followed with regard to licenses sought pursuant to this chapter.
(Prior code § 6505)
Every person desiring a license pursuant to this chapter shall
file an application with the city clerk upon a form to be provided
by the city clerk, and at such time pay the required fee and penalty,
if any. The application shall be filed at least sixty days prior to
the conduct of any bingo game(s), and shall specify:
A.
The name, address and telephone number of the applicant organization and a statement that the applicant is an eligible organization under Section 5.38.040;
B.
The
name and signature of at least two officers, including the presiding
officer, of the corporation or community chest, and the trustee of
any trust;
C.
A list
of the names of the members of the applicant organization who will,
from time to time, operate and staff bingo games;
D.
A detailed
schedule of the date(s), hours, location and occupancy capacity of
such location of each bingo game to be held;
E.
A detailed
description of the record system to account for the receipts, prizes,
expenses and profits of each bingo game;
G.
A statement
that the applicant agrees to conduct bingo games in strict accordance
with the provisions of Section 326.5 of the Penal Code and this chapter,
as they may be amended from time to time, and agrees that the license
to conduct bingo games may be summarily suspended by the sheriff upon
violation of any such provisions;
H.
The
annual license fee fixed by the city council shall accompany the application;
I.
Except
as to mobile home park associations and senior citizens' organizations
(unless the same are qualified under any of the applicable Revenue
and Taxation Code sections), the applicant shall also submit, with
its application, a certificate of determination of exemption pursuant
to the Revenue and Taxation Code section which is applicable to the
applicant organization, or a letter of good standing from the Exemption
Division of the Franchise Tax Board in Sacramento, showing exemption
under such applicable section;
J.
The
application shall be verified as provided in the Code of Civil Procedure
for the verification of pleadings;
K.
The
address to which notice, when required, is to be sent or mailed, and
the names of any individual or individuals, in addition to those set
forth elsewhere in the application, who are authorized to accept service
of process on behalf of the licensee;
L.
Whether
the application is for a new license or a renewal of an existing license;
M.
The
particular property within the city, including the street number and
indication of whether owned or leased by the applicant, used by such
applicant for an office or for performance of the purposes for which
the applicant is organized, or on which property bingo games will
be conducted, together with the occupancy capacity of such place.
(Prior code § 6506)
Upon receipt of a license fee, the city clerk shall:
A.
Issue
a date receipt showing the location for which an application has been
made;
B.
Transmit
copies of the license fee referral memorandum to interested departments
of the city, including, but not limited to, the city manager, sheriff,
the director of planning, the city engineer, the city health officer
and the fire marshal, to determine if the appropriate zoning ordinances
and regulations, building code ordinances, the health code ordinance
and the fire code ordinance have been or will be complied with.
(Prior code § 6507)
Every officer and department to which an application is referred
shall, in writing, advise the city clerk of all material facts necessary
to determine whether the license should be granted, granted subject
to conditions, or denied, and their approval or disapproval of the
application.
(Prior code § 6508)
Every officer and department to which an application for a license
is referred may require such additional information and the filing
of such additional forms as he or she deems necessary.
(Prior code § 6510)
The chief of police shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game, for purposes of determining those who have been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude, and to present such information pursuant to Section 5.38.090.
(Prior code § 6508.5)
If any officer or department to which an application is referred shall advise the city clerk, in writing, that the license should be denied, he or she shall so notify the applicant, as provided in subsection K of Section 5.38.070.
(Prior code § 6509)
The city manager shall be the issuing authority. Upon being
satisfied that the applicant is fully qualified under law to conduct
bingo games in the city, the city manager shall issue a license to
the applicant.
(Prior code § 6511)
If the city manager finds that the facts are such that the application
for the license would be subject to denial if the license is issued
without conditions, but that conditions can be imposed which will
eliminate any ground for such denial, the city manager shall issue
the license subject to such conditions.
(Prior code § 6512)
The license shall contain the following information:
A.
The
name and nature of the organization to whom the license is issued;
B.
The
address where bingo games are authorized to be conducted;
C.
The
occupancy capacity of the room in which bingo games are to be conducted;
D.
The
date of the expiration of such license;
E.
The
days and hours during which the licensee conducts or operates bingo
games;
F.
Such
other information as may be necessary or desirable for the enforcement
of the provisions of this chapter.
(Prior code § 6513)
An organization licensed pursuant to this chapter shall not
conduct or permit to be conducted a bingo game unless the license
is posted in a conspicuous place, visible at the public entrance,
during the conduct of any bingo game. The licensee shall produce and
exhibit the same when applying for renewal thereof, and whenever requested
to do so by any peace officer or officer authorized to issue, inspect
or collect the license.
(Prior code § 6537)
Licenses issued pursuant to this chapter shall be issued for
a term of one year. Written application for renewal thereof shall
be made to the city clerk at least one month prior to its expiration
date. Licenses issued under this chapter shall not be transferable,
either as to the licensee or the location. Any attempt to transfer
shall render the license void.
(Prior code § 6513.5)
No person shall engage in, conduct or carry on, or permit to
be engaged in, conducted or carried on, in or upon any premises within
the city, the operation of a bingo game, unless such game is conducted
under the personal direction of a bingo manager, duly licensed and
present on the premises during all hours of operation, and bonded
pursuant to this chapter for each bingo game.
(Prior code § 6514)
To obtain a bingo manager license, such applicant shall file
with the city clerk an application therefor in writing, together with
the required fee. The application shall set forth, in addition to
such information as may be required by the city clerk:
A.
A statement
that neither the bingo manager nor the members of the nonprofit organization
which operates any bingo game organized by such organization, will
receive any profit, wage or salary, or any other direct or indirect
consideration from any bingo game(s) or funds derived from bingo activities;
B.
A statement
that the bingo manager applicant has read and understands all requirements
of the law in regard to conducting bingo games in the city, and that
such bingo manager will accept full responsibility for the conduct
of such bingo games and all bingo card/ticket salespeople under his
or her direction.
(Prior code § 6515)
At the time of so filing with the city clerk an application
for a license as a manager, the applicant shall either:
A.
File
and thereafter maintain with the city clerk a good and sufficient
bond in the aggregate sum of five thousand dollars, running to the
city, for the use and benefit of interested persons and parties, executed
by the applicant and two or more responsible sureties, or a surety
company authorized to do business in the state, which sureties or
surety company shall be approved by the city attorney;
B.
Assign
to the city savings and loan certificates in the sum of five thousand
dollars; or
C.
Request
a waiver of the bond requirement which may be granted for good cause
in the discretion of the city manager.
(Prior code § 6517; Ord. 866 § 4, 1995)
The total aggregate liability on the bond described above shall
be five thousand dollars. The bond shall be conditioned upon the strict
compliance, by the principal, with the provisions of this chapter,
and the payment of any direct pecuniary loss sustained through any
act of grand or petty theft or other wrongful act on the part of the
principal, his or her agent(s) or employee(s).
(Prior code § 6518)
The bond described above shall remain in force and effect for the entire period of the license. The sureties may cancel the bond and be relieved of further liability thereunder by delivering thirty days' written notice to the city manager. Such cancellation shall not affect any liability incurred or accrued thereunder prior to the termination of the thirty-day period. If the bond is canceled, a new bond in like form shall be immediately filed and maintained, and applied as provided in Section 5.38.200. Upon failure to so file and maintain, the permit and license hearing board of the city shall forthwith suspend such manager's license.
(Prior code § 6519)
A.
Any
person who sustains any injury covered by the bond may, in addition
to any other remedy which he or she may have, bring an action in his
or her own name upon the bond for the recovery of any damage sustained
by him. Upon such action being commenced, such bond shall not be void
upon first recovery thereon, but may be sued upon from time to time
until the whole of the penalty shall be exhausted.
B.
The
city manager may require the filing of a new bond, and immediately
upon the recovery in any action on such bond, the manager shall file
a new bond or assign saving and loan certificates to the city as provided
for in this chapter. Upon failure to file a new bond or assign savings
and loan certificates within ten days, the permit and license hearing
board of the city shall forthwith suspend the bingo manager's license.
(Prior code § 6520)
If in lieu of a bond an applicant assigns to the city savings
and loan certificates, he or she shall agree in writing that if the
city manager finds that any person sustains any pecuniary loss through
any act of grand or petty theft or other wrongful act on the part
of the principal, his or her agent(s) or employee(s), the city may
redeem a sufficient number of such certificates, and from the proceeds
reimburse such person for loss sustained.
(Prior code § 6521)
A.
The
city manager shall issue a manager's license if he or she finds:
1.
That
the applicant is of good moral character and does not have a bad reputation
for truth, honesty or integrity;
2.
That
all of the statements made in such application are and each of them
is true and not deceptive or misleading, and that the applicant has
not violated any of the provisions of this chapter or engaged in any
fraudulent transaction or enterprise, and that the applicant intends
to conduct his or her business fairly and honestly.
B.
If the
city manager determines that the applicant fails to meet the foregoing
conditions, he or she shall deny the application and refuse to issue
a license, and shall notify the applicant of its decision.
(Prior code § 6522)
The permit and license hearing board, as constituted by Section 5.08.290, shall have the power to revoke or suspend any license issued pursuant to this chapter, pursuant to the rules, regulations, provisions and conditions set forth in Article II of Chapter 5.08 of this title.
(Prior code § 6542)
No individual, corporation, partnership or other legal entity
except the licensee organization shall hold a financial interest in
the conduct of such bingo game.
(Prior code § 6527)
A bingo game shall be operated and staffed only by members and
the manager of the licensee organization. Such members and manager
shall not receive a profit, wage or salary, or any other direct or
indirect consideration from any bingo game; nor shall they receive
payments from the organization for any purpose. Only the licensee
shall operate such game, or participate in the promotion, supervision
or any other phase of such game.
(Prior code § 6528)
A.
A licensee
shall conduct a bingo game only on property owned or leased by it,
or donated to it, and which property is used by such organization
for an office or for performance of the purposes for which the organization
is organized.
B.
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 as an office or as a place for performance of the
purposes for which the licensee is organized, the license shall have
no further force or effect.
(Prior code § 6530; Ord. 866 § 1, 1995)
No bingo game shall be conducted between the hours of midnight
and ten a.m. Bingo games shall be permitted to operate only one day
per week and one weekend, including Friday, Saturday and Sunday, per
year.
(Prior code § 6533; Ord. 690 § 1, 1984; Ord.
691 § 1, 1984)
All bingo games shall be open to the public, not just to the
members of the licensee organization.
(Prior code § 6523)
The licensee shall conspicuously post the costs, prizes and
rules of each game to be played. Such signs shall be posted during
the conduct of the bingo game in a conspicuous place on the outside
and inside of the premises to be used for the conducting of a bingo
game.
(Prior code § 6538)
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 such game is conducted, as determined by the fire department
in accordance with applicable laws and regulations. The licensee shall
not reserve seats or space for any person.
(Prior code § 6524)
All equipment used in the operation of bingo games shall be
owned by the organization authorized to conduct such games.
(Prior code § 6533.5)
No person shall be allowed to participate in a bingo game unless
the person is physically present at the time and place in which the
bingo game is being conducted.
(Prior code § 6534)
The total value of prizes awarded during the conduct of any
bingo games shall not exceed two hundred fifty dollars total, in cash
or kind, or both, for each separate game which is held. Total prizes
being offered at various stages during an ongoing series of numbers
or symbols being called toward a larger game shall not exceed two
hundred fifty dollars.
(Prior code § 6525)
A record shall be kept, on forms approved by the sheriff, by
the licensee, showing the name and written signature, the address,
and the telephone number of the winner, and the consecutive serial
number on the receipt for the prize.
(Prior code § 6539)
A.
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.
With respect to organizations exempt from payment of the bank and
corporation tax by Section 23701d of the Revenue and Taxation Code,
such profits shall be used only for charitable purposes. With respect
to other organizations authorized to conduct bingo games, proceeds
shall be used only for charitable purposes, except:
B.
Each
licensee shall keep full and accurate records of the income and expenses
received and disbursed in connection with its operation, conduct,
promotion, supervision, and any other phase of bingo games which are
authorized by this code.
C.
The
city, by and through its authorized officer, shall have the right
to examine and audit such records at any reasonable time without prior
notice, and the licensee shall fully cooperate with the city by making
such record available. Such records shall be retained for such period
of time as required by state and federal laws, and for a period of
three years for purposes of this chapter.
(Prior code § 6526; Ord. 866 § 2, 1995)
It is a misdemeanor under Section 326.5(b) of the Penal Code
of the state for any person to receive a profit, wage or salary from
any bingo game authorized under this chapter, a violation of which
is punishable by a fine not to exceed ten thousand dollars, which
fine shall be deposited in the general fund of the city.
(Prior code § 6529)
No person shall interfere with, prevent or refuse to permit
a sheriff or other peace officer to make an examination or inspection
of any premises without notice, whether the premises is open to the
public or not, or of any record kept by the applicant organization,
or by any agent or employee thereof, for the purpose of determining
whether the applicant organization and/or bingo manager are complying
with all of the provisions of this chapter and all other applicable
ordinances, statutes, rules and regulations affecting the applicant's
business.
(Prior code § 6541)
No admission, donation, dues or required fee shall be charged
for entry onto the bingo premises.
(Prior code § 6540)
No licensee shall issue chips, checks, tokens, markers or money
to a patron on credit or loan (including, but not limited to, IOU's
and checks to be held), or allow any patron to play on credit.
(Prior code § 6535)
No person under the age of eighteen years of age shall be allowed
to participate in any bingo game.
(Prior code § 6531)
No person who is obviously intoxicated shall be allowed to participate
in a bingo game, nor remain in any room where bingo is conducted and
where alcoholic beverages are sold or dispensed, during the times
that the bingo game is being conducted.
(Prior code § 6532; Ord. 866 § 3, 1995)
The city may bring an action in a court of competent jurisdiction
to enjoin a violation of Section 326.5 of the Penal Code, or this
chapter.
(Prior code § 6536)
