This chapter is adopted pursuant to Section 19 of Article IV of the California Constitution, in order to make the game of bingo lawful under the terms and conditions in the following sections of this chapter, notwithstanding any other provisions of this chapter.
(Ord. 2993 § 1, 1976)
Wherever, in this chapter the following terms are used, they shall have the following meanings:
"Authorized organization"
is an organization exempted from the payment of the bank and corporation tax by Sections 23701 a, 23701 b, 23701 d, 23701 e, 23701 f, 23701 g and 23701 l, of the Revenue and Taxation Code, a mobile home park association or a senior citizen's organization; and provided that the proceeds of such games are to be used by such organizations only for charitable purposes.
"Bingo"
is 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.
"Licensee"
is a nonprofit, charitable organization to which a license to conduct bingo games has been issued pursuant to this chapter.
"Minor"
is any person under the age of eighteen years.
(Ord. 2993 § 1, 1976; Ord. 3169 § 1, 1977)
It is unlawful for any person to conduct any bingo game or games in the incorporated area of the city unless such person is a member of, and acting on behalf of, an "authorized organization" as defined in Section 5.80.020, and has a current license issued under this chapter.
(Ord. 2993 § 1, 1976; Ord. 3169 § 1, 1977)
Application for a license shall be filed with the finance director not less than twenty days prior to the proposed date of the commencement of holding any bingo game or games. Such application shall include the following:
A. 
A list of all members who will operate the bingo game or games, including full names of each member, date of birth, place of birth, physical description, and driver's license or social security number;
B. 
The dates and places of the proposed bingo game or games;
C. 
Proof that the organization is an "authorized organization" as defined in Section 5.80.020.
(Ord. 2993 § 1, 1976; Ord. 3169 § 1, 1977; Ord. 4593 § 1, 1998)
A. 
The finance director shall submit each application under this chapter to the chief of police for investigation.
The chief of police may send copies of such application to any office or department which the chief of police deems essential in order to conduct a proper investigation of the applicant.
The chief of police and every officer and/or city department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant, and may examine the premises to be used for the bingo game.
B. 
Within ten days after the receipt of such application, the chief of police shall file with the city manager a report in writing concerning the result of his investigation. Within three days after receipt of the report, the city manager shall transmit such report to the city council, and shall recommend to the council the approval or denial of the application.
(Ord. 2993 § 1, 1976; Ord. 3169 § 1, 1977)
Upon receipt of the original application and reports from the city manager, the city council shall approve, deny, or conditionally approve said application. If the application is denied or conditionally approved, upon written request of the applicant, the city council shall appoint a time within not less than five days, nor more than thirty days, for a hearing to determine if the license or permit applied for under this chapter shall be issued.
(Ord. 2993 § 1, 1976; Ord. 4593 § 2, 1998)
The city council may deny an application for a bingo license, or suspend or revoke a license if it finds the applicant or licensee or any agent or representative, or any member who will operate or staff the game or games has:
A. 
Knowingly made any false or misleading statement of a material fact in the application or any record or report required to be filed pursuant to this chapter;
B. 
Violated any of the provisions of this chapter;
C. 
Been convicted of any provision of state law relating to unlawful gambling or theft.
(Ord. 2993 § 1, 1976; Ord. 3169 § 1, 1977)
The term of a bingo license is six months. The city manager, or his or her designee, may subsequently renew a bingo license for additional six month periods.
The fee for an original application shall be fifty dollars. The fee for each renewal shall be ten dollars. The appropriate fee shall accompany the submission of each application or renewal and shall be used to defray the cost of issuance of the license. If an application or renewal for a bingo license is denied, one-half of the license fee paid shall be refunded to the organization.
(Ord. 1993 § 1, 1976; Ord. 3169 § 1, 1977; Ord. 3265 § 1, 1978; Ord. 4593 § 3, 1998: amended 9/12/94)
Each license issued under this chapter shall be issued to a specific authorized organization to conduct a bingo game or games at a specific location, and shall in no event be transferable from one location to another, nor from one organization to another.
(Ord. 2993 § 1, 1976; Ord. 3169 § 1, 1977)
A. 
No minors shall be allowed to participate in any bingo game.
B. 
An authorized organization 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. Nothing in this section shall be construed to require that the property owned or leased by or whose use is donated to the organization be used or leased exclusively by or donated exclusively to such organization.
C. 
All bingo games shall be open to the public, not just to the members of the nonprofit, charitable organization.
D. 
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 the organization authorized to conduct a bingo game shall operate such a game, or participate in the promotion, supervision, or any other phase of such game. However, employment of security personnel who are not members of the authorized organization at such bingo game is permitted.
E. 
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.
F. 
With respect to organizations exempt from payment of the bank and corporation tax by 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 chapter, 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:
1. 
Such proceeds may be used for prizes.
2. 
A portion of such proceeds, not to exceed twenty percent of the proceeds before the deductions 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.
G. 
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.
H. 
The total value of prizes awarded during the conduct of any bingo game or games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held.
I. 
No bingo game shall be conducted between the hours of midnight and eight a.m.
J. 
Within thirty days after any bingo game is held, the licensee shall file with the chief of police a full and complete financial statement of all moneys collected, disbursed, and the amount remaining for charitable purposes, or if the licensee conducts bingo games on any ongoing basis, the licensee may file such a statement every three months. The financial statement shall also contain a statement that no persons other than those listed on the application for the permit were involved in operating the games. The financial statement shall be sworn under penalty of perjury. The chief of police shall have the power to inspect all books, records and papers of the authorized organization which pertain to the operation of bingo games.
(Ord. 2993 § 1, 1976; Ord. 3169 § 1, 1977; Ord. 3621 §§ 1—3, 1982)
Any peace officer of the county shall have free access to any place where a bingo game licensed under this chapter is being held. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo games, at the site of the bingo game.
(Ord. 2993 § 1, 1976)