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:
A. 
Name of organization;
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)
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)