It is the purpose of this chapter to authorize the playing of
the game of chance generally known as "bingo" subject to and pursuant
to the restrictions contained in Article IV, Section 19c of the Constitution
of the State of California and Section 326.5 of the Cal.
Penal Code.
Definitions, conditions and restrictions set forth in this chapter
are intended to comply with and supplement the constitutional and
Cal.
Penal Code provisions. To the extent that any provision of this
chapter is substantially the same as that contained in Cal. Penal
Code Section 326.5 and violation thereof be deemed a violation of
the Cal.
Penal Code and punishable thereunder, such provisions of
this chapter shall be deemed explanatory only.
(Prior code § 117.01)
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter,
are defined as follows:
"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.
"Church"
means any organized religious group of any denomination with
an organized governing body, ministry, membership and a fixed place
of worship at which regular meetings of religious services are held.
(Prior code § 117.02)
No person, organization or other legal entity shall be permitted
to conduct bingo games in the city unless such persons, organizations
or other legal entities possess a valid certificate or letter from
the franchise tax board evidencing that they are exempt from the payment
of the Bank and Corporation Tax by Cal.
Rev. and Tax Code Sections
23701-a, 23701-b, 23701-d, 23701-e, 2370l-f, 23701-g and 23701-1,
or is a senior citizen's organization; provided, that the proceeds
of such games are used only for charitable purposes; provide further,
that the organization possesses a valid license issued pursuant to
the provisions of this chapter.
(Prior code § 117.03)
No organization shall conduct a bingo game without first obtaining
a license from the finance director to do so.
(Prior code § 117.10; Ord. 02-198 § 1)
Written application for a license required by this chapter shall
be made by affidavit under penalty of perjury and filed with the finance
director no less than 30 days prior to opening the bingo game. Such
application shall contain:
B. Days
and hours of operation of bingo games;
C. Attached copies of certificates or letters evidencing exempt status under appropriate section of the Cal.
Rev. and Tax. Code, designated in Section
5.12.030 of this chapter, received from the franchise tax board;
D. Address
of the premises where such bingo game will be conducted;
E. Statement
of ownership of lease of premises;
F. Purposes
for which such premises is used by the organization;
G. Name
of each individual, corporation, partnership or other legal entity
which has a financial interest in the conduct of the bingo game;
H. Names
and birth dates of each staff member or person operating or assisting
in the operation of the bingo game;
I. Such
further information as may be required as part of the application
as determined by the finance director.
(Prior code § 117.11; Ord. 02-198 § 1)
A. The
finance director shall submit each application to the chief of police
for investigation and approval.
B. 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 the investigation. If it is found
that such operators or persons assisting in the operation of a bingo
game have been convicted of any felony and or crimes in the past five
years, involving lotteries, gambling, larceny, perjury, bribery or
fraud, issuance of the permit may be denied without further proceedings.
(Prior code § 117.12; Ord. 02-198 § 1)
The finance director shall submit each application to the following
departments and agencies for investigation and approval: fire district,
county health officer, building department and planning department.
(Prior code § 117.13; Ord. 02-198 § 1)
In the event the finance director does not receive a recommendation
against the issuance of the license, the license shall be issued for
a period of one year and shall contain the following:
A. The
name and nature of the organization to whom the license is issued;
B. The
address where the bingo games are authorized to be conducted;
C. The
maximum occupancy of the room in which the bingo games are to be conducted;
D. The
date of expiration of the license;
E. The
days and hours during which bingo may be conducted;
F. Such
conditions as may have been recommended by any other agencies or departments
in the investigative process.
(Prior code § 117.14; Ord. 02-198 § 1)
In the event during the investigative process any officer of the agencies listed in Sections
5.12.060 or
5.12.070 recommend against the issuance of the license, the finance director shall refuse to issue the license and shall refund one-half of the applicant's fee to the applicant.
(Prior code § 117.15; Ord. 02-198 § 1)
In the event the finance director refuses to issue such license or attaches conditions thereto recommended by one of the agencies or departments in Sections
5.12.060 or
5.12.070, the applicant may, within 10 days after the notice is given of refusal or such conditions, appeal the same to the city council who shall hold a hearing thereon and whose decision shall be final. The council may attach additional conditions to the license found by it to be necessary to protect the public health, safety and well-being. The council may also authorize issuance of the permit with the same conditions, deny the permit or authorize issuance of the permit without conditions.
(Prior code § 117.16; Ord. 02-198 § 1)
The annual fee for a license to conduct a bingo game within
the city shall be $50.
(Prior code § 117.17)
A licensee shall keep the license posted in a conspicuous place
within the room in which bingo is being played during the conduct
of any such game. The licensee shall produce and exhibit the same
whenever requested to do so by any police officer, health officer,
fire official, code enforcement officer or other city official.
(Prior code § 117.18)
Licenses granted under this chapter shall not be transferable,
either to the licensee or to the location. Any attempt to transfer
shall render the license in question invalid.
(Prior code § 117.19)
A licensee desiring to continue the conduct of a bingo game
shall, at least 30 days before the expiration of the license, make
application to the finance director for a renewal. The application
for renewal shall be accompanied by the fee, and all other information
required under the original application.
(Prior code § 117.20)
A. Any
license issued under this chapter shall be immediately suspended by
the finance director upon the recommendation of either the police
chief, public health officer, fire official, code enforcement officer
or other city official, which recommendation must be based upon either
violation of this chapter by the licensee or the discovery of some
other condition which would have caused a recommendation to have been
made against the issuance of the license. Such suspension shall result
in the automatic revocation of the license 15 days after the notice
thereof unless within 10 days after the receipt of such notice the
licensee appeals the suspension and revocation to the city council.
In the event of such appeal, the city council shall hold a public
hearing thereon and its decision shall be final. The suspension shall
remain in effect pending decision by the council.
B. Nothing
in this section shall preclude either the fire marshal, the police
chief or the public health officer from immediately terminating a
bingo game and suspending a license if it is deemed a threat to public
health, safety and welfare.
(Prior code § 117.21; Ord. 02-198 § 1)
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.
(Prior code § 117.30)
An organization authorized to conduct bingo games shall conduct
such games 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. Nothing in this
section shall be construed to require that the property owned or leased
by the organization be used or leased exclusively by such organization.
(Prior code § 117.31)
It is unlawful for any bingo game to be operated in violation
of any of the following conditions:
A. No person
shall be allowed to participate in a bingo game unless such person
is physically present at the time and place at which the bingo game
is being conducted.
B. No person,
either organizing, operating, staffing or supervising any bingo game,
shall allow any minor to participate in any bingo game; nor shall
any minor participate in any bingo game; nor shall any minor organize,
operate or staff any bingo game. For purpose of this section, a "minor"
means any person under the age of 18 years.
C. All
bingo games shall be open to the public, not just to the members of
the nonprofit charitable organization.
D. The
total value of prizes awarded during the conduct of any bingo game
shall not exceed $250 in cash or kind, or both, for each separate
game which is held.
E. Attendance
at any bingo game shall be limited to the occupant capacity of the
room as designated in the license application.
F. 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, nor shall patrons
be allowed to pay on credit.
G. No person
who is obviously intoxicated shall be allowed to participate in a
bingo game.
H. No licensee
shall conduct any bingo game more than six hours out of any 24 hour
period and no bingo game shall be conducted except between the hours
of 12 noon and 12 midnight. These hours may be decreased upon findings
from the application investigation. The hours may only be increased
with the approval of the city council.
(Prior code § 117.32)
A bingo game shall be operated and staffed only by members of
the authorized organization which organized it. Such members shall
not receive a profit, wage or salary from any bingo game. Only an
organization authorized to conduct a bingo game by license issued
pursuant to this chapter shall operate such game, or engage in the
promotion, supervision or any other phase of the such game.
(Prior code § 117.33)
A. Any
changes as to the staff operating or assisting in the operation of
a bingo game made subject to the issuance of a bingo license shall
be reported to the finance director for further investigation.
B. If,
after such investigation, the finance director finds that the changes
are in violation of the license, the finance director may suspend
or revoke the bingo license. Such determination shall be based on
investigation by the appropriate agencies or departments.
(Prior code § 117.34; Ord. 02-198 § 1)
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.
B. 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. The records shall be retained for
such period of time as required by state and federal law, or for a
period of three years for purposes of this chapter, whichever is longer.
C. At the
end of each fiscal year during the term of the license, each nonprofit
charitable organization which has been issued a permit and license
shall file a report made under penalty of perjury with the finance
director containing the following information:
1. Any changes in or additions to the information required under Section
5.12.150 of this chapter;
2. The
total amount of money received from operation of the bingo game in
the previous fiscal year;
3. The
total amount paid out in prizes;
4. Detailed
costs to the organization for the operation of the bingo game.
(Prior code § 117.35; Ord. 02-198 § 1)
A. The
chief of police or a designee and/or the building official or a designee
shall have the authority to inspect the premises in order to insure
that the operation of bingo games at the premises would not constitute
a violation of any state law or provision of this chapter.
B. The
police department may inspect the records of any organizations conducting
bingo games whenever deemed reasonable and appropriate to insure compliance
with the provisions of this chapter.
(Prior code § 117.36)
A. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction, shall be punishable as provided in Section
1.16.010.
B. Pursuant
to Cal.
Penal Code Section 326.5(b) and (c), any person receiving
a profit, wage or salary from any bingo game authorized by Section
19 of Article IV of the State Constitution and this chapter shall
be guilty of a misdemeanor and shall be punishable by a fine not to
exceed $10,000.
(Prior code § 117.99)