For the purposes of this chapter, “bingo” shall mean a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which numbers or symbols conform to numbers or symbols selected at random.
(§ 1, Ord. No. 351)
The following organizations shall be eligible to apply to the City for a license to conduct bingo games in the City pursuant to the provisions of Section 326.5 of the Penal Code of the State and this chapter provided the proceeds of such games are to be used only for charitable purposes:
(a) 
Corporations, organizations, community chests, or trusts organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes or for the prevention of cruelty to children or animals and 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 of the State and a contribution or gift to which would be a charitable contribution under Section 170(c) (2) of the Internal Revenue Code of 1954 as amended; and
(b) 
Mobile home park associations and senior citizen organizations.
(§ 2, Ord. No. 351)
Eligible organizations as set forth in Section 5-4.02 of this chapter desiring to obtain a license to conduct bingo games in the City shall file an application in writing therefore in the office of the City Manager on a form provided by such office. The license issued shall be for a term of one year after the date of issuance, subject to renewal, and an annual fee not to exceed Fifty and no/100ths ($50.00) Dollars. If an application for a license is denied, 1/2 of any license fee paid shall be refunded.
(§ 3, Ord. No. 351)
(a) 
Form. Applications for a license to conduct bingo games shall contain the following:
(1) 
The name of the applicant organization and a statement that the applicant is an eligible organization as set forth in Section 5-4.02 of this chapter;
(2) 
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;
(3) 
The address of the particular property owned or leased by the applicant within the City on which property such bingo games will be conducted, together with a statement of the maximum legal occupancy of such place;
(4) 
A statement that the premises on which bingo games will be conducted are used by the applicant for an office or for the performance of the purposes for which the applicant is organized;
(5) 
The proposed days of the week and the hours of the day for conducting such bingo games; and
(6) 
That the applicant agrees:
(i) 
To conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code of the State and this chapter, as they may be amended from time to time; and
(ii) 
That the license to conduct bingo games may be revoked by the City Manager upon the violation of any such provisions.
(b) 
Signatures. Such applications shall be signed by the applicant under penalty of perjury.
(c) 
Fees. The annual license fee fixed by the Council by resolution shall accompany the application.
(d) 
Exemption certification. The applicant shall also submit with its application a certificate or determination of exemption under Sections 23701a, 23701b, 23701d, 23701f, 23701g, and 23701l of the Revenue and Taxation Code of the State, or a letter of good standing from the Exemption Division of the Franchise Tax Board of the State showing an exemption under any one or more of the subsections set forth in this subsection, or such other certificate showing eligibility.
(§ 5, Ord. No. 351)
Upon the receipt of the completed application and the fee filed pursuant to the provisions of this chapter to conduct bingo games, the City Manager shall ascertain the following:
(a) 
Whether or not all the statements in the application are true and correct; and
(b) 
Whether or not the property of the applicant qualifies, and the extent to which it qualifies, as to fire, occupancy, and other applicable restrictions, as property on which bingo games may lawfully be conducted.
(§ 6, Ord. No. 351)
No license to conduct bingo games shall be issued to any organization unless such applicant is an eligible organization and its application conforms to the requirements, terms, and conditions of this chapter.
(§ 4, Ord. No. 351)
Upon being satisfied that the applicant is fully qualified pursuant to the provisions of this chapter to conduct bingo games in the City, the City Manager shall issue a license to such applicant which shall contain the following information:
(a) 
The name and nature of the organization to which the license is issued;
(b) 
The address where bingo games are authorized to be conducted;
(c) 
The maximum legal occupancy of the room in which bingo games are to be conducted;
(d) 
The date of the expiration of such license; and
(e) 
Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.
(§ 7, Ord. No. 351)
Whenever it appears to the City Manager that the licensee is conducting bingo games in violation of any provision of this chapter, the City Manager shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.
Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (a) of this section shall be deemed guilty of a misdemeanor and shall be punishable as set forth in Chapter 2 of Title 1 of this Code.
(§ 8, Ord. No. 351)
(a) 
Notices. The order issued pursuant to Section 5-4.08 of this chapter to suspend a license to conduct bingo games shall also notify the licensee that it shall have five days after the date of such order to request a hearing before the City Manager to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the City Manager within such five day period shall result in a revocation of the license.
(b) 
Hearings: Notices. Upon such a request by the licensee for a hearing to determine whether such license shall be revoked, the City Manager shall provide such hearing within 10 days after the receipt of such request. The suspended licensee may appear before the City Manager at such hearing 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 by depositing in the United States mail a notice directed to such suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation.
(c) 
Effect. Any organization whose license is revoked pursuant to the provisions of this section shall not thereafter conduct any bingo game in the City until such time as the Council, on appeal, determines to overrule the decision of the City Manager.
(§ 8, Ord. No. 351)
(a) 
Hearings: Notices. Whenever it appears to the City Manager that the licensee is conducting bingo games in violation of any provision of this chapter, or that the license was obtained by fraudulent or otherwise incorrect representations, and no summary suspension is ordered pursuant to Section 5-4.08 of this chapter, the license may be revoked; provided, however, the licensee may appear before the City Manager, at the time fixed by the City Manager, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked pursuant to the provisions of this section unless written notice shall have first been given at least five days before the hearing thereon by depositing in the United States mail a notice directed to such licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the revocation.
(b) 
Effect. Any organization whose license is revoked pursuant to the provisions of this section shall not thereafter conduct any bingo game in the City until such time as the Council, on appeal, determines to overrule the decision of the City Manager.
(§ 9, Ord. No. 351)
Any organization whose license to conduct bingo games pursuant to the provisions of this chapter shall have the right, within 10 days after receiving notice in writing of the revocation, to file a written appeal to the Council. Such appeal shall set forth the specific grounds on which the appeal is based. The Council shall hold a hearing on the appeal within 30 days after its receipt by the City, or at a time thereafter agreed upon, and shall cause the appellant to be given at least 10 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 its appeal. The determination of the Council on the appeal shall be final.
(§ 10, Ord. No. 351)
Any organization whose license to conduct bingo games is finally revoked may not again apply for a license to conduct bingo games in the City for a period of one year after the date of such revocation; provided, however, if the grounds for revocation are the cancellation of the exemption granted under Section 23701d of the Revenue and Taxation Code of the State, such organization may again apply for a license upon proof of the reinstatement of such exemption.
(§ 10, Ord. No. 351)
A licensee shall conduct bingo games only on property owned or leased by it, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing contained in this section, however, shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. The license issued pursuant to the provisions of 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 the 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 an application pursuant to the provisions of this chapter, when such organization again owns or leases property used by it for an office or for the performance of the purposes for which it is organized.
(§ 17, Ord. No. 351)
Bingo games shall be operated and staffed only by members of the licensee organization. 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.
(§ 14, Ord. No. 351)
With respect to organizations exempt from the payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code of the State, all profits derived from bingo games 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 chapter, all proceeds derived from bingo games 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; or
(b) 
A portion of such proceeds, not to exceed 10% of the proceeds after the deduction for prizes, or Five Hundred and no/100ths ($500.00) Dollars per month, whichever is less, may be used for the rental of property, overhead, and administrative expenses.
The 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 the provisions of this chapter. The City, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with the City by making such records available.
(§ 12, Ord. No. 351)
No individual, corporation, partnership, or other legal entity, except the licensee, shall hold a financial interest in the conduct of any bingo game.
(§ 13, Ord. No. 351)
The total value of prizes awarded during the course of bingo games shall not exceed Two Hundred Fifty and no/100ths ($250.00) Dollars, in cash or kind, or both, for each separate game which is held.
(§ 11, Ord. No. 351)
All bingo games shall be open to the public, not just to the members of the licensee organization.
(§ 15, Ord. No. 351)
Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the maximum occupancy of the room in which such game is conducted as determined by the City Manager in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person.
(§ 16, Ord. No. 351)
It shall be unlawful for any licensee to conduct bingo games more than six hours out of any 24 hour period. No bingo game shall be conducted before 10:00 a.m. nor after 2:00 a.m. of any day.
(§ 20, Ord. No. 351)
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.
(§ 21, Ord. No. 351)
No person under 18 years of age shall be permitted to participate in any bingo game.
(§ 18, Ord. No. 351)
No person who is obviously intoxicated shall be permitted to participate in a bingo game.
(§ 19, Ord. No. 351)
It shall be a misdemeanor under subsection (b) of Section 326.5 of the Penal Code of the State for any person to receive a profit, wage, or salary from any bingo game authorized pursuant to the provisions of this chapter, a violation of which shall be punishable by a fine not to exceed Ten Thousand and no/100ths ($10,000.00) Dollars, which fine shall be deposited in the General Fund of the City.
That City may bring an action in a court of competent jurisdiction to enjoin a violation of the provisions of Section 326.5 of the Penal Code of the State or of this chapter.
(§§ 22 and 23, Ord. No. 352)