Note: For related bingo provisions, See Chapter 18.88 of this code.
As used in this chapter, the following definitions shall apply:
means a game of chance in which prizes are awarded on the
basis of designated numbers or symbols on a card which conforms to
numbers or symbols selected at random.
means any organization authorized to conduct bingo games
under Section 326.5 of the Penal Code of California, as the same is
amended from time to time.
(Prior code § 4630.040; Ord. 687 § 1, 1984)
Bingo games for charitable purposes are authorized pursuant
to Section 19, Article IV, of the California Constitution, and Section
326.5 of the Penal Code, and in accordance with the provisions of
this chapter; provided, no permit issued under this chapter shall
be valid unless the operation of the game is in full compliance with
the zoning and land use provisions of this code.
(Prior code § 4630.010; Ord. 687 § 1, 1984)
Organizations allowed to conduct bingo games pursuant to the
provisions of Section 326.5 of the Penal Code, as the same may be
amended from time to time, are eligible to apply to the city for permits
to conduct bingo games in the city under the provisions of Section
326.5 of the Penal Code and the provisions of this chapter.
(Prior code § 4630.020; Ord. 687 § 1, 1984)
No organization shall conduct or cause to be conducted a bingo game in the city without first having secured a permit in accordance with the requirements of this chapter and of Title 18 of this code, or without complying with the regulations contained in this chapter pertaining to the operation of bingo games.
(Prior code § 4630.030; Ord. 687 § 1, 1984)
The application procedure provided in this chapter shall be
followed with regard to permits sought pursuant to this chapter.
(Prior code § 4630.050; Ord. 687 § 1, 1984)
Every person desiring a permit pursuant to this chapter shall
file an application with the chief of police upon a form to be provided
by the chief of police, and at such time pay the required fee. The
application shall be filed at least thirty days prior to the conduct
of any bingo game(s) and shall specify:
A.
The name, address and telephone number of the local applicant organization and a statement that the applicant is an eligible organization under Section 9.12.030 of this chapter;
B.
The
names and addresses of all officers and directors of the local corporation
or organization and the trustee of any trust;
C.
A list
of the names and descriptions of all members of the applicant organization
who will operate and staff bingo games;
D.
A detailed
schedule of the date(s), hours, location and occupancy capacity of
such location of each bingo game to be held, and evidence that the
location can be used for bingo games without violating any city land
use or environmental protection regulations;
E.
A detailed
description of the record system to be used to account for the receipts,
prizes, expenses and profits of each bingo game;
F.
The location and authorized signers of the special bank account(s) required by Section 9.12.220 of this chapter;
G.
A statement
that the applicant agrees to conduct bingo games in strict accordance
with the provisions of Section 326.5 of the Penal Code and this chapter,
as they may be amended from time to time, and agrees that the permit
to conduct bingo games may be revoked upon violation of any of such
provisions;
H.
The
annual permit fee fixed by the city council by resolution shall accompany
the application;
I.
The
applicant shall also submit, with its application, a letter or other
evidence from the State Franchise Tax Board showing that the applicant
is exempted from the payment of the bank and corporation tax by the
provisions of the Revenue and Taxation Code section, contained in
Section 326.5 of the Penal Code, if the applicant claims eligibility
for a permit by virtue of that section;
J.
The
application shall be signed by at least two officers, including the
presiding officer of the local corporation or organization, and the
trustees of any trust;
K.
The
application shall be verified under penalty of perjury;
L.
The
address to which notice, when required, is to be sent or mailed;
M.
The
names of the individual or individuals, in addition to those set forth
elsewhere in the application, who are authorized to accept service
of process on behalf of the permittee;
N.
Whether
the application is for a new permit or a renewal of an existing permit.
(Prior code § 4630.060; Ord. 687 § 1, 1984)
The fee for the bingo permit shall be in the amount set forth
by council resolution, not to exceed the amount authorized by Section
326.5 of the Penal Code. If the application for a license is denied,
one-half of any license fee shall be refunded to the applicant.
(Prior code § 4630.140; Ord. 687 § 1, 1984)
Upon receipt of a permit fee, the police chief shall:
A.
Issue
a dated receipt showing the location for which an application has
been made;
B.
Transmit
copies of the permit application to interested departments of the
city, including, but not limited to, the finance officer, the planning
director, the building official, the health officer and the fire chief,
to determine if the appropriate zoning ordinances and regulations,
building code ordinance, the health code ordinance and the fire code
ordinance have been or will be complied with.
(Prior code § 4630.080; Ord. 687 § 1, 1984)
Every officer and department to which an application is referred
shall, in writing, advise the chief of police of all material facts
necessary to determine whether the permit should be granted, granted
subject to conditions, or denied, and their approval or disapproval
of the application.
(Prior code § 4630.090; Ord. 687 § 1, 1984)
Every officer and department to which an application for a permit
is referred may require such additional information and the filing
of such additional forms as he deems necessary. Applicants shall provide
such information and identification as deemed necessary by the chief
of police in order to investigate matters bearing upon the moral character
of members of the applicant organization and those who will staff
and operate bingo games.
(Prior code § 4630.100; Ord. 687 § 1, 1984)
A.
Upon
review of data submitted by the applicant and upon completion of his
or her investigation of all relevant information, the chief of police
shall make findings on the following matters:
1.
Whether
the applicant is an eligible organization as defined in this chapter;
2.
Whether
the applicant meets all requirements of the city for the conduct of
bingo games. In making this finding, the statements of all reporting
officials and departments shall be considered;
3.
Whether
the applicant meets all requirements of state law, including Section
326.5 of the Penal Code.
B.
Based
upon these findings, the chief of police shall grant the permit, subject
to conditions reasonably necessary to ensure compliance with all laws
and regulations, or deny the permit. The applicant and the city council
shall be notified of such determination.
(Prior code § 4630.110; Ord. 687 § 1, 1984)
A.
The
denial of a permit or any condition to which a permit is subject may
be appealed by an applicant or by any member of the city council by
written notice filed with the city clerk. The notice of appeal shall
be filed within fifteen days of the date on which the chief of police
mailed notice of the determination to the applicant and shall set
forth grounds upon which the appeal should be granted.
B.
Within forty-five days after the filing of such appeal, the city council shall set the matter for a hearing and cause notice thereof to the applicant/appellant and any other person requesting notice of it. Based on the information presented at the hearing, the city council shall make findings in accordance with Section 9.12.110 and shall grant or deny the appeal, or modify the permit, in accordance with such findings. The decision of the council shall be final.
(Prior code § 4630.120; Ord. 687 § 1, 1984)
A permit issued in accordance with this chapter shall contain
the following information:
A.
The
name and nature of the organization to whom the permit is issued;
B.
The
address where bingo games are authorized to be conducted;
C.
The
occupancy capacity of the room in which bingo games are to be conducted;
D.
The
date of the expiration of such permit;
E.
The
fact that this permit is subject to revocation for any violation of
this chapter;
G.
Such
other information as may be necessary or desirable for the enforcement
of the provisions of this chapter.
(Prior code § 4630.130; Ord. 687 § 1, 1984)
A.
Every person having a permit issued pursuant to this chapter shall notify the chief of police in writing within five days after any change in facts required to be stated by Section 9.12.060.
B.
The
permittee shall notify the chief of police of any changes in the list
of members who will operate and staff bingo games. The notification
shall be made in writing and served upon the chief of police by personal
delivery of a revised list and the obtaining of approval therefor
at least three days prior to the operation of any game.
(Prior code § 4630.150; Ord. 687 § 1, 1984)
No person shall engage in, conduct or carry on, or permit to
be engaged in, conducted or carried on, in or upon any premises within
the city, the operation of a bingo game, unless such game is conducted
under the personal direction of a bingo manager, duly approved by
the chief of police. The bingo manager shall be present on the premises
during the operation of all bingo games.
(Prior code § 4630.160; Ord. 687 § 1, 1984)
A bingo manager shall not receive any compensation, in any form,
for the services performed in connection with bingo games.
(Prior code § 4630.170; Ord. 687 § 1, 1984)
To obtain a bingo manager's permit, an applicant for bingo manager
shall file with the chief of police an application, together with
the fee required by council resolution, setting forth all information
and identification the chief requires to conduct a background investigation
on the applicant. Such information shall include, but shall not be
limited to, the following:
A.
A statement
that neither the bingo manager nor the members of the nonprofit organization
which operates any bingo game organized by such organization will
receive any profit, wage or salary, or any other direct or indirect
consideration from any bingo game;
B.
A statement
that the bingo manager applicant has read and understands all requirements
of the law with regard to conducting bingo games in the city, and
that such bingo manager will accept full responsibility for the conduct
of such bingo games and all bingo card/ticket salespeople under his
or her direction;
C.
A statement
that the manager and the manager's spouse and minor children do not
hold a financial interest in any business which sells, leases or distributes
bingo supplies or equipment.
(Prior code § 4630.180; Ord. 687 § 1, 1984)
A.
The
chief of police shall issue a bingo manager's permit if he finds that:
1.
The
applicant is of good moral character and does not have a bad reputation
for truth, honesty or integrity;
2.
All
of the statements made in such application are, and each of them,
is true and not deceptive or misleading and that the applicant has
not violated any of the provisions of this chapter or engaged in any
fraudulent transaction or enterprise, and that the applicant intends
to conduct his or her business fairly and honestly.
B.
If the
chief of police determines that the applicant fails to meet the foregoing
conditions, he shall deny the application and refuse to issue a permit,
and shall notify the applicant of his or her decision.
(Prior code § 4630.190; Ord. 687 § 1, 1984)
All bingo games shall be open to the public, not just to the
members of the permittee organization.
(Prior code § 4630.200; Ord. 687 § 1, 1984)
Notwithstanding that bingo games are open to the public, attendance
at any bingo game shall be limited to the occupancy capacity of the
room in which such game is conducted, as determined by the fire department
in accordance with applicable laws and regulations. The capacity shall
be posted in plain view on the premises. The permittee shall not reserve
seats or space for any person.
(Prior code § 4630.210; Ord. 687 § 1, 1984)
The total value of prizes awarded during the conduct of any
bingo games shall not exceed two hundred fifty dollars in cash or
kind, or both, for each separate game which is held.
(Prior code § 4630.220; Ord. 687 § 1, 1984)
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. The permittee shall keep full and accurate record 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 this chapter. The city, by and
through its authorized officers, shall have the right to examine and
audit such record at any reasonable time, and the permittee shall
fully cooperate with the city by making such record available.
(Prior code § 4630.230; Ord. 687 § 1, 1984)
No individual, corporation, partnership or other legal entity
except the permittee shall hold a financial interest in or receive
financial gain from the conduct of a bingo game authorized by this
chapter.
(Prior code § 4630.240; Ord. 687 § 1, 1984)
A bingo game shall be operated, managed, staffed and promoted
only by members of the permittee organization and they shall not participate
in any game while performing these duties. Such members shall not
receive a profit, wage or salary, or any other direct or indirect
consideration, from any bingo game. Only the permittee shall operate
such game, or participate in the promotion, supervision or any other
phase of such game.
(Prior code § 4630.250; Ord. 687 § 1, 1984)
Notwithstanding Section 9.12.240, a permittee may employ and pay security personnel who are not members of the permittee organization. The permittee shall demonstrate to the satisfaction of the chief of police that any such security personnel are properly licensed and supervised and any entity or individual paid for such services shall be subject to the provisions of Sections 9.12.370 and 9.12.410 of this chapter.
(Prior code § 4630.255; Ord. 687 § 1, 1984)
A permittee shall conduct a bingo game only on property owned
or leased by it or donated to it, which property is used by such organization
for an office or for performance of the purposes for which the organization
is organized. The permit issued under this chapter shall authorize
the holder to conduct bingo games only on such property. In the event
the described property ceases to be used as an office and as a place
for performance of the purposes for which the permittee is organized,
the permit shall have no further force or effect. A new permit may
be obtained by an eligible organization, upon application under this
chapter, when it gains, owns, leases or is donated property used by
it for an office or for performance of the purposes for which the
organization is organized.
(Prior code § 4630.270; Ord. 687 § 1, 1984)
All bingo games shall be held indoors, in fully enclosed permanent
facilities, with parking that has been determined by the planning
director to be adequate for the intended use. The director may require
a new or revised master plan or precise plan of design if the director
determines that existing approved plans do not adequately address
use of the premises for bingo. In the case of publicly owned facilities
not previously subject to city review, evidence of adequate parking,
in the form of plans or other documentation, shall be provided by
the permittee as requested by the planning director.
(Prior code § 4630.275; Ord. 687 § 1, 1984)
No signs identifying or promoting bingo games shall be erected
or maintained where visible from any public street or park; provided,
marquee signs approved under Title 17 may be used for on-site announcement
of bingo games.
(Prior code § 4630.277; Ord. 687 § 1, 1984)
All equipment and supplies shall be purchased and not leased
or rented for use and all bingo cards shall bear distinctive markings
permitting them to be identified as belonging to the permittee. 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."
(Prior code § 4630.280; Ord. 687 § 1, 1984)
No person under the age of eighteen years of age shall be allowed
to participate in any bingo game.
(Prior code § 4630.290; Ord. 687 § 1, 1984)
No person shall possess, consume or sell alcoholic beverages
at any location at which bingo games take place. No person who is
intoxicated shall be allowed to participate in a bingo game.
(Prior code § 4630.300; Ord. 687 § 1, 1984)
No bingo game shall be conducted between the hours of eleven
p.m. and ten a.m., nor shall any permittee conduct bingo games on
more than one day per week and no more than twenty-five bingo games
shall be played during any day such games are conducted; provided,
however, permittees conducting games no more than three days per year
may play any number of games the days games are conducted.
(Prior code § 4630.310; Ord. 687 § 1, 1984)
No permittee shall operate bingo games in a manner that is offensive
to residents or businesses in the vicinity by reason of noise, littering,
traffic, glare, or other activity of the operators of the game or
their patrons. The permittee shall keep a record of all complaints
and the steps taken to remedy any problems. Failure to eliminate such
adverse impacts shall be grounds for revocation of the permit.
(Prior code § 4630.315; Ord. 687 § 1, 1984)
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.
(Prior code § 4630.320; Ord. 687 § 1, 1984)
No permittee shall issue chips or money to a patron on credit
or loan (including, but not limited to, IOUs and checks to be held)
or allow any patron to play on credit.
(Prior code § 4630.330; Ord. 687 § 1, 1984)
An organization granted a permit pursuant to this chapter shall
not conduct or permit to be conducted a bingo game unless the permit
is posted at the public entrance in a conspicuous place during the
conduct of any bingo game. The permittee shall produce and exhibit
the same, when applying for renewal thereof, and whenever requested
to do so by any peace officer or officer authorized to issue, inspect
or collect permits.
(Prior code § 4630.340; Ord. 687 § 1, 1984)
The bingo manager shall have available on the premises at all times during the conduct of games the list of members operating and staffing games which has been filed with the chief of police, pursuant to Section 9.12.140 of this chapter. In the event the list is different than the list originally submitted with the permittee's application for a permit, proof of service of the revised list, as required by Section 9.12.140, shall be attached to the current list. The names of the bingo manager and his or her on-duty staff shall be posted at the entrance to the premises.
(Prior code § 4630.350; Ord. 687 § 1, 1984)
The permittee shall post the costs, prizes and rules of each
game to be played. Such signs shall be posted adjacent to the permit
during the conduct of the bingo game.
(Prior code § 4630.370; Ord. 687 § 1, 1984)
A record shall be kept by the permittee showing the name and
written signature, the address, and the telephone number of the winner,
and the consecutive serial number on the receipt for the prize. A
list of winners from the previous month shall be posted at the public
entrance to the premises.
(Prior code § 4630.380; Ord. 687 § 1, 1984)
A complete and detailed records system shall be maintained by
permittees on a continuing basis clearly displaying all receipts from
bingo operations and patron attendance for each bingo session. By
accepting a permit for bingo operations, a permittee shall be deemed
to have consented to inspection of such records without prior notice
by the financial director and police officers, who may retain such
records without the need for a warrant. The bingo manager shall personally
maintain such records. The chief of police may require an audit of
such records, at permittee's expense, performed by a certified public
accountant.
(Prior code § 4630.390; Ord. 687 § 1, 1984)
No person convicted of a felony or the crimes of fraud, theft,
immoral conduct, bribery or bad-check offenses shall run or operate
or assist in the running or operation of bingo games, nor shall such
person provide, sell or lease bingo equipment or supplies to a permittee
under this chapter. No person from a corporation having any financial
interest in a permittee under this chapter or in any way connected
with the bingo operations of a permittee under this chapter, shall
provide, sell or lease bingo equipment or supplies to a permittee
under this chapter. Such prohibition shall extend to all persons related
by blood or marriage to persons within the prohibited classes. No
organization shall conduct bingo games unless the organization has
been located and operated within the city for not less than two years.
(Prior code § 4630.390; Ord. 687 § 1, 1984)
[1]
Editor's Note; Ord. 687 contained two sections numbered 4630.390.
No admission fee, purchase or donation shall be required for
entry onto the bingo premises.
(Prior code § 4630.400; Ord. 687 § 1, 1984)
No person shall interfere with, prevent or refuse to permit
a peace officer to make an examination or inspection of any premises,
whether the premises are open to the public or not, or of any record
kept by the applicant organization, or by an agent or staff member
thereof, for the purpose of determining whether the applicant organization
and bingo manager are complying with all of the provisions of this
chapter and all other applicable ordinances, statutes, rules and regulations
affecting applicant's business. Such entry may only be made with the
consent of the owner or the occupant of the premises or pursuant to
warrant obtained from a magistrate, unless there appears to be a threat
of imminent danger to life.
(Prior code § 4630.410; Ord. 687 § 1, 1984; Ord. 713 § 2, 1986)
It is a misdemeanor under Section 326.5(b) of the Penal Code
of the state for any person to receive a profit, wage or salary from
any bingo game authorized under this chapter, a violation of which
is punishable by a fine not to exceed ten thousand dollars, which
fine shall be deposited in the general fund of the city.
(Prior code § 4630.260; Ord. 687 § 1, 1984)
A.
A violation
of any provision of this title shall be cause for revocation of a
permit by the chief of police. A permittee may appeal any such revocation
to the city council by filing a notice of appeal thereof with the
city clerk within fifteen days after the revocation is effective.
The city council shall set the matter for a hearing within forty-five
days after the filing of said notice of appeal. Notice of the hearing
shall be given permittee and anyone requesting notice. Upon evidence
presented at the hearing, the council shall determine whether the
permittee violated any provision of this title and if so whether such
violation warrants revocation of the permit.
B.
An organization
whose permit is revoked shall be ineligible to apply for a bingo permit
for a period of two years thereafter.
(Prior code § 4630.420; Ord. 687 § 1, 1984)
The provisions of this chapter shall not apply to any senior
citizen organization playing bingo at a city-owned recreational facility,
or any mobile home park residents association playing bingo in its
mobile home park common areas or facilities.
(Ord. 811 § 1, 1990)
