means a game of chance in which prizes are awarded on the
basis of designated numbers or symbols selected at random. Notwithstanding
Section 330c of the Penal Code, as used in this chapter, the game
of bingo shall include cards having numbers or symbols which are concealed
and preprinted in a manner providing for 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. All such preprinted
cards shall bear the legend, "for sale or use only in a bingo game
authorized under California law and pursuant to local ordinance."
(Prior code § 4A-12; Ord. 965 § 1, 1993)
The ordinance codified in this chapter is adopted pursuant to
the authority granted to the city under Section 19, Article IV of
the California Constitution and Section 326.5 of the Penal Code to
provide for bingo games, but only for charitable purposes in accordance
with the provisions of this chapter.
(Prior code § 4A-1)
No person, firm, corporation, organization or association 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 from the city clerk 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 § 4A-2)
Organizations which are organized and operated for nonprofit
purposes and exempted from the payment of bank and corporation tax
by Sections 23701(a), (b), (d), (e), (f), (g) and (l) of the Revenue
and Taxation Code, and Mobile Home Park Associations and Senior Citizens'
Organizations are eligible to apply to the city for a license to conduct
bingo games in the city under the provisions of Section 326.5 of the
Penal Code and the provisions of this chapter, provided, that the
proceeds of such games are used only for charitable purposes.
(Prior code § 4A-3)
Applications for a license to conduct bingo games pursuant to this chapter shall be executed under penalty of perjury and submitted to the city clerk on forms to be obtained from the finance director upon payment, to the finance director, of the license fee prescribed in subsection E of Section 5.20.070. The license issued shall be for a term of one year from the date of issuance and may be renewed upon application and payment of fees prescribed in subsection E of Section 5.20.070.
(Prior code § 4A-4)
No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.20.040 and its application conforms to the requirements, terms and conditions of this chapter.
(Prior code § 4A-5)
The application for a license shall contain the following:
A.
The name of the applicant organization and written proof that applicant is an eligible organization under Section 5.20.040;
B.
A list
of the names and residence addresses of members of the applicant organization
who will, from time to time, operate and staff bingo games;
C.
The
particular property within the city including the street number, 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,
on which property bingo games will be conducted, together with the
occupancy capacity of such place;
D.
Proposed
days of week and hours of day for conduct of bingo games;
E.
The
annual license fee fixed by the city council by resolution shall accompany
the application;
F.
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 revoked by the city clerk upon violation
of any of such provisions.
G.
The
application shall be signed for the applicant by the presiding officer
and one other officer of applicant under penalty of perjury.
(Prior code § 4A-6)
Upon receipt of the completed application, the city clerk shall
make an investigation to determine if all of the statements in the
application are true and shall refer the application to other interested
departments of the city, including but not limited to the director
of public works, police chief, fire chief, and the director of community
development to determine if the appropriate zoning ordinances and
regulations, building code ordinances and regulations, and the provisions
of the Uniform Fire Code have been or will be complied with.
(Prior code §4A-7)
Upon being satisfied that the applicant is fully qualified under
the law to conduct bingo games in the city, the city clerk shall issue
a license to the applicant, which shall contain the following information:
A.
The
name of the organization to whom the license is issued;
B.
The
address where bingo games are authorized to be conducted and statement
that the property is owned or leased by it, and which property is
used by such organization for an office or for performance of the
purposes for which the organization is organized;
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.
Such
other information as may be necessary or desirable for the enforcement
of the provisions of this chapter.
(Prior code § 4A-8)
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 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 licenses.
(Prior code § 4A-9)
A.
Whenever
it appears to the city clerk that the licensee is conducting a bingo
game in violation of any of the provisions of this chapter, the city
clerk shall have the authority to summarily suspend the license and
order the licensee to immediately cease or desist any further operation
of any bingo game.
B.
Any person who continues to conduct a bingo game after any summary suspension thereof under subsection A of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
C.
The order issued under subsection A shall also notify the licensee that it shall have ten days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the city manager within the ten-day period shall result in a revocation of the license.
D.
Upon such request by the licensee whose license has been suspended under subsection A of this section for a hearing to determine whether such license shall be revoked, the city manager shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the city manager for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.
E.
Any
organization whose license is revoked under this section shall not
conduct any bingo game in the city until such time as the city council,
on appeal, determines to overrule the decision of the city clerk.
(Prior code § 4A-10)
A.
Any
holder of a license whose license is revoked shall have the right,
within ten days after receiving notice in writing of the revocation,
to file a written appeal to the city council. Such appeal shall set
forth the specific ground or grounds on which it is based. The city
council shall hold a hearing on the appeal within thirty days after
its receipt by the city, or at a time thereafter agreed upon and shall
cause the appellant to be given at least ten days' written notice
of such hearing. At the hearing the appellant or its authorized representative
shall have the right to present evidence and a written or oral argument,
or both, in support of this appeal. The determination of the city
council on the appeal shall be final.
B.
Any
organization whose license is finally revoked may not again apply
for a license to conduct bingo games in the city for a period of one
year from the date of such revocation; provided, however, if the ground
for revocation is cancellation of the exemption granted under Section
23701(d) of the Revenue and Taxation Code, or Section 170(c)(2) of
the Internal Revenue Code of 1954, such organization may again apply
for a license upon proof of reinstatement of the exemptions.
(Prior code § 4A-11)
The total value of prizes awarded during the conduct of any
bingo games shall not exceed two hundred fifty dollars in cash or
kind, or both, for each separate game which is held.
(Prior code § 4A-13)
With respect to organizations exempt from payment of the bank
and corporation tax in Section 23701(d) 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 used only for charitable purposes.
With respect to other organizations authorized to conduct bingo games
pursuant to this section, 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. Such proceeds shall be used only for charitable
purposes, except as follows:
A.
Such
proceeds may be used for prizes;
B.
A portion
of such proceeds, not to exceed twenty percent of the proceeds after
the deduction for prizes, or one thousand dollars per month, whichever
is less, may be used for rental of property, overhead, including the
purchase of bingo equipment, administrative expenses, security equipment
and security personnel.
(Prior code § 4A-14; Ord. 775 § 3, 1987)
No individual, corporation, partnership or other legal entity
except the licensee shall hold a financial interest in the conduct
of such bingo game.
(Prior code § 4A-15)
A bingo game shall be operated and staffed only by members of the licensee organization whose names shall have been previously given to the city clerk in accordance with subsection B of Section 5.20.070. Such members shall at all times during the conduct and operation of any bingo game be conspicuously identified by a name tag or other appropriate means, as members authorized to operate and staff such game. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game.
(Prior code § 4A-16)
All bingo games shall be open to the public, not just to the
members of the licensee organization.
(Prior code § 4A-17)
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
and building inspection department of the city in accordance with
applicable laws and regulations. Licensee shall not reserve seats
or space for any person.
(Prior code §4A-18)
A licensee shall conduct a bingo game only on property owned
or leased by it, and which property is used by such organization for
an office or for performance of the purposes for which the organization
is organized. 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 and as a place for performance
of the purposes for which the licensee is organized, the license shall
have no further force or effect. A new license may be obtained by
an eligible organization, upon application under this chapter, when
it again owns or leases property used by it for any office or for
performance of the purposes for which the organization is organized.
(Prior code § 4A-19)
No person under the age of eighteen years of age shall be allowed
to participate in any bingo game.
(Prior code § 4A-20)
No licensee shall issue chips or money to a patron on credit
or loan (including, but not limited to, IOUs and checks to be held)
or allow any patron to play on credit.
(Prior code § 4A-21)
No person who is in a state of intoxication shall be allowed
to participate in a bingo game.
(Prior code §4A-22)
No bingo game shall be conducted before nine a.m., nor after
two a.m. of any day.
(Prior code § 4A-23)
The licensee shall post in a conspicuous place during the conduct
of any bingo game the rules and regulations of the game.
(Prior code § 4A-24)
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 § 4A-25)
It is a misdemeanor under Section 326.5(b) of the Penal Code
of the state of California 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 § 4A-26)
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 of this
chapter.
(Prior code § 4A-27)
