A person shall not deal, play, carry on, open, cause to be opened
or conduct any game played with cards, dice or other device for money,
checks, credits or other thing of value. A person shall not bet at
any such game.
A person shall not knowingly permit any game prohibited by this
chapter to be played, conducted or dealt, in any house or other premises
owned by, rented by or in the lawful possession of such person.
A person shall not resort to, attend, visit or be in any house,
room or other place in the City where there is any gambling being
conducted, played or carried on.
A.
The
Chief of Police shall destroy anything which is used, kept, placed
or maintained in violation of any statute or of this chapter after
any person owning, possessing or having control of such cards, game
or thing has pleaded guilty to or has been convicted of such violation
and such plea of guilty or conviction has become final.
B.
The
Chief of Police shall apply to the judge of any court which has custody
of anything subject to destruction under the terms of this chapter
for an order releasing such cards, game or thing to him or her for
the purpose of complying with this chapter.
The Chief of Police shall deposit in the City Treasury to the
credit of the general fund all money contained in anything he or she
destroys pursuant to the provisions of this chapter. He or she shall
destroy all other contents of such game or thing.
A.
No person,
either as principal, agent, employee or otherwise, shall let or lease
any telegraph or telephone line or wire knowing that it is to be used
for the purpose of conducting or carrying on a pool room, or for the
purpose of conducting the business of making books or selling pools
on races or other contests, or of betting or laying of wagers upon
the result of any race or contest. No person shall transmit any message
over any telephone or telegraph line or wire owned, controlled or
leased by any person engaged in conducting or carrying on a pool room,
or in conducting the business of making books or selling pools on
races or other contests, or of betting or laying of wagers upon the
result of any race or contest, knowing that such message is to be
used in conducting or carrying on such pool room business.
B.
For
the purposes of this section, a "pool room" is defined to be a room
or place where betting or laying of wagers upon the result of races
or contests is carried on as a business.
It is unlawful for any person to have in his or her possession
in the City any written or printed form, chart, table, list, sheet,
circular or publication of any kind, giving or purporting to give,
or represented as giving, any list, or probable or possible list,
of entries for any horse race or other contest thereafter anywhere
to take place or which is anywhere taking place, if there be written
or printed or published as part thereof, or in connection therewith,
or in any other publication, printing or writing accompanying the
same or referring thereto or connected therewith, any tip, information,
prediction or selection of, or advice as to, or key, cipher or cryptogram
indicating, containing or giving any tip, information, publication
or selection of, or advice as to the winner or probable winner, or
a loser or probable loser, or the result or probable result of any
such race or other contest or the standing or probable standing of
any horse or other contestant therein, or any statement as to, or
comment upon, or reference to, the form, condition or standing of
any horse or other contestant, or the actual, probable or possible
result of any race or contest, or the actual, probable or possible
state, past, present or future, of the betting, wagering or odds upon
or against any horse or other contestant named in such list, or probable
or possible list, of entries unless the names of such horses or other
contestants shall be arranged in such list, or probable or possible
list, in alphabetical order, and shall all be printed in type of the
same size and face and of identical appearance, and shall all be printed
flush with the left side of the column in which the same are printed,
or all an equal distance therefrom.
This chapter does not prohibit any act either positively permitted
or prohibited by state law.
A.
Bingo
Defined. "Bingo" 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. Notwithstanding Section
330c of the California Penal Code, as used in this section, 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."
B.
Specified
Organizations Permitted to Conduct Bingo. No individual, corporation,
partnership or other legal entity shall be permitted to conduct a
bingo game, except organizations exempted from the payment of the
Bank and Corporation Tax by sections 23701a, 23701b, 23701d, 23701e,
23701f, 23701g and 23701 1 of the Revenue and Taxation Code, and by
mobilehome park associations and senior citizens’ organizations.
C.
Permit
Required. No individual, corporation, partnership or other legal entity
shall conduct a bingo game without first obtaining a permit in accordance
with this chapter.
D.
Application
for Permit. Written application for a permit required by this section
shall be made under penalty of perjury and filed with the City Manager
or designee. Such application shall contain:
1.
The
name of the organization and the names and addresses of all of the
officers of the organization. The application shall be signed by two
officers of the organization.
2.
Days
and hours of operation of bingo games.
3.
Copy
of certificate or letter from the Franchise Tax Board evidencing exempt
status under sections 23701a, 2370b, 23701d, 23701e, 23701f, 23701g
or 23701 l of Revenue and Taxation Code, if so exempt.
4.
Address
of premises where bingo games will be conducted.
5.
Statement
of ownership or lease of premises where bingo games will be conducted.
6.
Purposes
for which such premises are used by the organization.
7.
Name
of each individual, corporation, partnership or other legal entity
which has a financial interest in the conduct of the bingo games.
8.
Name(s)
of person(s) responsible for the operation of the bingo games.
9.
The
location and signatures of the special bank account(s) required by
this section.
10.
The application shall be accompanied by the appropriate permit fee.
E.
Investigation and Report. The City Manager or designee shall investigate the application to determine whether it complies with the provisions of this section and Section 4.12.150 of this code. The City Manager or designee shall make a written report and recommendation to the City Council within 60 days from the filing of the application. The City Manager or designee 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 to the City Council. Any such criminal history information shall be confidential and shall be plainly marked "Confidential—Not for public distribution."
F.
Determination on Application. The application shall be heard by the City Council in accordance with Section 4.12.150.
G.
Permit
Fees and Term. An annual permit fee of $50.00 shall be paid in advance
each year with the application. If the application is denied one-half
of the fee shall be returned to the organization. An additional fee
of one percent of the monthly gross receipts over $5,000.00 derived
from bingo games shall be collected monthly by the City from each
permittee with gross receipts in excess of $5,000.00. Any permit issued
in accordance with this section shall be for a term of one year.
H.
Regulations.
1.
All
receipts of bingo games shall be used only for charitable purposes.
2.
No
person shall receive or pay a profit, wage or salary from any bingo
game authorized herein, except security personnel employed by the
organization conducting the bingo game may be paid from the revenues
of the bingo game.
3.
No
minors shall be allowed to participate in any bingo game.
4.
An
organization authorized to conduct bingo games pursuant to this section
shall conduct a bingo game only on property owned or leased by it,
or property whose use is donated to the organization, and which property
is used by such organization for an office or for performance of the
purposes for which the organization is organized.
5.
All
bingo games shall be open to the public.
6.
A
bingo game shall be operated and staffed only by members of the authorized
organization which organized it, excepting security personnel employed
by the organization.
7.
No
individual, corporation, partnership or other legal entity, except
the organization authorized to conduct a bingo game, shall hold a
financial interest in the conduct of such bingo game.
8.
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.
9.
No
person shall be allowed to participate in a bingo game, unless the
person is physically present at the time and place at which the bingo
game is being conducted.
10.
The total value of prizes awarded during the conduct of any bingo
game shall not exceed $250.00 in cash or kind, or both, for each separate
game which is held.
11.
Each organization conducting a bingo game shall maintain detailed
records of all profits, expenditures, prizes and other expenses associated
with the operation of bingo games. Said records shall be retained
for such period of time as required by state and federal law and for
a period of three years for purposes of this section.
12.
Permits granted under this section shall not be transferable, either
as to permittee or location. Any attempt to transfer shall render
the permit invalid.
13.
Any permit issued in accordance with this section 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 date of the expiration of such permit.
d.
The names and addresses of the officers of the organization.
e.
Any special limitations imposed on the operation of the bingo game
by the City Council.
