Notwithstanding any other provisions of this chapter, 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 set forth in this chapter.
(Prior code § 37.305)
Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section:
"Authorized organization"
means an organization exempted from the payment of the bank and corporation tax by Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, or 23701l of the Revenue and Taxation Code. Authorized organization also includes a senior citizens organization and a mobilehome park association.
"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 the numbers or symbols selected at random. The game of bingo shall also include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. 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.
"Minor"
means any person under the age of eighteen years.
(Prior code § 37.306; Ord. 85, 1982)
It is unlawful for any person to conduct any bingo games in the city unless such person is a member of a nonprofit, charitable organization acting on behalf of such nonprofit, charitable organization and has been issued a permit as provided by this chapter.
(Prior code § 37.307)
Application for permit shall be made to the sheriff on forms prescribed by the sheriff, and shall be filed not less than ten days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at least the following:
A. 
A list of all members who will operate the bingo game, including full names of each member, date of birth, place of birth, physical description and driver's license number;
B. 
The date(s) and place(s) of the proposed bingo game or games;
C. 
Proof that the organization is a nonprofit, charitable organization as defined by this chapter.
(Prior code § 37.308)
A. 
Upon receipt of an application for a permit the sheriff may send copies of such application to any office or department which the sheriff deems essential in order to carry out a proper investigation of the applicant.
B. 
The sheriff and every officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant, as may examine the premises to be used for a bingo game.
C. 
Upon approval of any application for a bingo permit, the sheriff shall issue the permit.
(Prior code § 37.310)
A. 
The sheriff may deny an application for a bingo permit, or suspend or revoke a permit if he finds the applicant or permit or any agent or representative thereof has:
1. 
Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this chapter;
2. 
Violated any of the provisions of this chapter.
B. 
If after investigation the sheriff determines that a bingo permit should be suspended or revoked or an application for such permit denied, he shall prepare a notice of suspension, revocation or denial of application setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant's last address provided in the application, or be personally delivered. Any person who has had an application for a bingo permit denied by the sheriff, or who has had a bingo permit denied, suspended or revoked by the sheriff may appeal the sheriff's decision in the manner provided in this chapter.
(Prior code § 37.314)
A. 
The term of a bingo permit is one year.
B. 
The fee for a bingo permit shall be fifty dollars, twenty-five of which shall be refunded if the application for permit is denied. An additional fee of one percent of the monthly gross receipts over five thousand dollars derived from bingo games shall be collected monthly by the issuing officer.
(Ord. 85, 1982)
Each permit issued under this chapter shall be issued to a specific person on behalf of a specific nonprofit, charitable organization to conduct a bingo game at a specific location and shall in no event be transferable from one person to another nor from one location to another.
(Prior code § 37.311)
Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section:
A. 
Within fifteen days after the date of any denial, suspension, revocation or other decision of the sheriff, an aggrieved party may appeal such action by filing with the city clerk a written appeal briefly setting forth the reasons why such denial, suspension, revocation or other decision is not proper.
B. 
Upon receipt of such written appeal, the city clerk shall assign the appeal to a hearing officer selected by the clerk on a rotating basis from a list of qualified hearing officer approved by the city council. The hearing officer so assigned shall schedule a hearing before him or her within ten days after the date of assignment of the appeal by the clerk. At least one week prior to the date of the hearing on appeal, the clerk shall notify the appellant and sheriff of the date of the hearing. The hearing officer is authorized to issue subpoenas, to administer oaths and to conduct the hearing on the appeal. At such hearing the sheriff and the appellant may present evidence relevant to the denial, suspension, revocation or other decision of the sheriff.
The hearing officer shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to such hearing.
C. 
At the conclusion of the hearing, the hearing officer may uphold the denial, suspension, revocation or other decision of the sheriff, or the hearing officer may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other sheriff's decision which is the subject of the appeal. The hearing officer shall within five days file with the city clerk written findings of fact and conclusions of law and his decision. The decision of the hearing officer is final.
(Prior code § 37.315)
A. 
An authorized organization shall conduct a bingo game only on property that has been owned or leased by it for a period of not less than twelve months immediately preceding the filing of an application to conduct bingo, 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 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.
B. 
No minors shall be allowed to participate in any bingo game.
C. 
All bingo games shall be open to the public, not just to members of the nonprofit, charitable organization.
D. 
A bingo game shall be operated and staffed only by members of the authorized organization. Such members shall be approved by the sheriff. If, after the permit has been issued, the authorized organization submits additional names to the sheriff for approval, the application for approval shall be accompanied by a fee of five dollars for each name, no part of which shall be refundable, and which shall be used to defray the cost of investigation. 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 game or participate in the promotion, supervision or any other phase of such game.
E. 
No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a 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 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games, 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 ten percent of the proceeds before the deduction for prizes, or one thousand dollars per month, whichever is less, may be used for the rental of property, overhead, including the purchase of bingo equipment, and administrative costs;
3. 
Such proceeds may be used to pay permit fees.
Within thirty days after the bingo game is held the applicant will file with the city treasurer a full and complete financial statement of all monies collected, disbursed and the amount remaining for charitable purposes.
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 shall not exceed two hundred fifty dollars in cash or in 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. 
Except as provided in subdivision 1 of this subsection, the permittee may conduct bingo on not more than one day during any seven day period. Once during each year the issuing officer may permit a permittee to conduct bingo games for more than one day during any seven day period, provided that such permission shall be limited to bingo games which will be conducted in conjunction with an established annual event regularly held by the permittee.
1. 
Any permittee owning or leasing a facility which has a rated occupancy load of eighty or fewer persons as determined by the fire marshal, shall be entitled to conduct bingo on not more than two days during any seven day period.
(Ord. 85, 1982)
Any peace officer in the city shall have free access to any bingo game permitted under this chapter. The permittee shall have the bingo permit and lists of approved staff available for inspection at all times during any bingo game.
(Prior code § 37.313)
It is unlawful for any person to set up, manage, conduct or maintain any game, machine or enterprise wherein:
A. 
A consideration is paid by the player;
B. 
Prizes are awarded as determined by skill or by any combination of skill and chance; and
C. 
Said game, machine or enterprise is played concurrently with or alternately or in conjunction or connection with:
1. 
Any lottery,
2. 
Any game of chance, whether or not a consideration is paid for playing the game of chance.
(Prior code § 37.301)
It is unlawful for any person to set up, manage, conduct or maintain any combination of games, machines or enterprises wherein games of chance and games of skill are alternated or played in sequence with each other so that free games are used to entice or allure players into the playing for a consideration of paid games of skill or paid games combining the element of chance with the element of skill.
(Prior code § 37.303)
This chapter is intended to prohibit the playing of bingo, tango, bridgo, skill ball or any game, or combination of games similar in operation to such games, and to apply to free as well as to paid playing of such games.
(Prior code § 37.304)
A. 
It is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter.
B. 
Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.
C. 
All sanctions provided in this chapter shall be cumulative and not exclusive.
(Prior code § 37.316)