As used in this chapter:
"Bingo"
means a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player's possession and that conform to numbers and symbols, selected at random and announced by a live caller, and shall include remote caller bingo games, or shall have the meaning otherwise set forth in Section 326.5(o) of the California Penal Code.
“Designee”
refers to an individual appointed by the city manager to act on their behalf in specific matters or situations, pursuant to the authority vested in this chapter. This designation grants the appointed individual the authority to carry out duties, make decisions, and represent the city manager within the scope of the designated responsibilities.
“Member” or “members”
means an individual(s) who is an officer or has a membership in the qualified organization whether pursuant to its Articles of Incorporation, Constitution, Charter or other instrument of formation or association, its bylaws or other written instrument formally adopted pursuant thereto.
"Minors"
are all persons defined as a person under eighteen (18) years of age.
"Prizes"
means cash, kind or both for each separate game which is held.
“Qualified organization”
as defined by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the California Revenue and Taxation Code, encompasses a variety of nonprofit entities including, but not limited to, charitable, religious, educational, scientific, literary, testing or exam, veterans, fraternal organizations providing social or charitable activities, and social welfare organizations. Additionally, “qualified organizations” may also include mobile home park associations, senior citizens organizations, and charitable organizations affiliated with a school district, provided that proceeds of such games are used only for charitable purposes within the city. These organizations are exempt from the payment of bank and corporation tax under the specified sections of the California Revenue and Taxation Code.
"Remote caller bingo"
means a game of bingo in which the numbers or symbols on randomly drawn plastic balls are announced by a natural person present at the site at which the live game is conducted, and the organization conducting the bingo game uses audio and video technology to link any of its in-state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased, or rented by that organization.
(Ord. 117 § 1, 1993; Ord. 157 § 12, 1996; Ord. 304 §§ 1-3, 2010; Ord. 445 § 1, 2024)
No person or organization other than a nonprofit organization may conduct bingo games. A qualified organization may conduct bingo games only after having first obtained a license from the city clerk pursuant to this chapter, and provided that the receipts of such games may be used only for charitable purposes or as otherwise allowed pursuant to Section 326.5 of the Penal Code. Remote caller bingo may be lawfully played in the city of Yucaipa pursuant to the provisions of Sections 326.4 and 326.5 of the California Penal Code, and this chapter, and not otherwise. Each licensee shall comply with the requirements of those provisions, this chapter and any applicable regulations set forth in Title 4 of the California Code of Regulations.
(Ord. 117 § 2, 1993; Ord. 304 § 4, 2010; Ord. 445 § 1, 2024)
An annual license fee, set by resolution of the city council, and in accordance to Section 326.5 of the Penal Code as that section may be amended from time to time, shall be payable upon the filing of an application for license. If an application for a license is denied, one-half of the license fee shall be refunded to the applicant.
(Ord. 117 § 3, 1993; Ord. 445 § 1, 2024)
Applicants for bingo games shall file a written, signed under penalty of perjury, and acknowledged application with the city clerk showing:
A. 
The name and address of applicant;
B. 
The dates, hours and location where the bingo games will be operated;
C. 
The name or names of the person or persons having the management or supervision of such games;
D. 
Such other reasonable information as may be required as to the identity or character of the applicant, manager, members of the applicant operating such games;
E. 
The maximum number of participants expected on the premises;
F. 
A description of the security procedures, methods, and measures that the applicant will follow and utilize in connection with the conduct of bingo games;
G. 
Proof by copy of exempt status issued by the California State Franchise Tax Board;
H. 
Property information including the street number. Proof that the applicant organization has owned or leased property within the city that was used by the applicant for an office or for performance of the purposes of the organization and that the property on which any bingo game is to be conducted is a property owned or leased by the applicant. If the particular property within the city is owned or completely controlled by a public school district and whose use has been leased or donated to the applicant by formal specific action of the board of said public school district, on which bingo games will be conducted, the applicant shall submit with its application a certified copy of the resolution or minute order of said school board which specifically authorizes and approves the lease or donation of the use of the particular property to the applicant, and shall set forth any and all conditions and requirements imposed by the school board, consistent with the provisions of this chapter, for the use of said property by the applicant relating to the conduct of bingo games; and
I. 
A statement that the applicant agrees to conduct bingo games in strict accordance with provisions of Penal Code Section 326.5 and the provisions of this chapter, as either may be amended from time to time.
(Ord. 117 § 4, 1993; Ord. 445 § 1, 2024)
A. 
Upon submission and filing of the application, the city clerk shall refer the application to relevant or interested city departments, including, but not limited to, the police, fire, building and planning department which will conduct investigation to verify the accuracy of the information provided and determine if the property meets the requirements for lawfully conducting bingo games within ten (10) business days of receipt of the application. The license shall be issued for a specified location and shall be valid for a period of one (1) year from date of issuance.
B. 
A license issued under this chapter shall be valid for one (1) year at which time the license shall expire. A new license shall only be obtained by filing a new application and payment of the license fee.
C. 
The issuance of a license to an applicant during a particular year does not create a vested right on the licensee's part to continue to offer bingo plays/games in the future. The city council expressly reserves the right to amend or repeal any provision of this chapter. If this chapter is repealed, all licenses issued under this chapter shall cease to be effective on the effective date of the repealing ordinance.
(Ord. 117 § 5, 1993; Ord. 445 § 1, 2024)
Every licensee shall display the license issued by the city in a conspicuous place on the premises where the bingo games are conducted.
(Ord. 117 § 6, 1993; Ord. 445 § 1, 2024)
Each license issued hereunder shall be issued to a specific qualified organization and shall in no event be transferable from one organization to another.
(Ord. 117 § 7, 1993; Ord. 445 § 1, 2024)
The city manager or their designee may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any licensee and may temporarily suspend, for a period not exceeding one (1) year, or revoke the permit of any licensee which commits any one (1) or more of the acts or omissions constituting grounds for disciplinary action under this chapter.
(Ord. 117 § 8, 1993; Ord. 445 § 1, 2024)
It shall be a ground for denial, revocation or other disciplinary action of any applicant, licensee, the agent or employee, or any person connected or associated with the applicant or licensee as partner, director, officers, stockholder, general manager or person exercising managerial authority of or on behalf of the licensee if such organization or person has:
A. 
Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed with the city; or
B. 
Violated any provision of this chapter or of any statute relating to the permitted activity, including Sections 326.4 and 326.5 of the California Penal Code; or
C. 
Been convicted of a felony or any crime involving moral turpitude; or
D. 
Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting permitted bingo games; or
E. 
Violated any rule or regulation adopted by the city council relating to the licensed bingo games; or
F. 
Conducted the permitted bingo games in a manner contrary to the peace, health, safety and general welfare of the public; or
G. 
Failed to comply with zoning and building and safety regulations of the city, the health department, the police chief and applicable local and state fire regulations.
(Ord. 117 § 9, 1993; Ord. 304 § 5, 2010; Ord. 445 § 1, 2024)
If any applicant, licensee, the agent or employee, or any person connected or associated with the applicant or licensee as partner, director, officer, stockholder, general manager or person who is exercising managerial authority on behalf of the licensee is convicted in any court of the violation of any law regulating any activity at the licensee's business premises, the council may revoke such license forthwith without any further action thereon other than giving notice of revocation to the licensee.
(Ord. 117 § 10, 1993; Ord. 445 § 1, 2024)
An applicant or licensee may, within ten (10) days after service of a written notice of denial of a license or suspension or revocation of his license, file a request for a hearing with the city manager or their designated hearing officer. The request for a hearing shall be in writing and signed by or on behalf of the applicant or licensee. It need not be verified or follow any particular form. Failure to file such a request for a hearing shall constitute a waiver of the licensee's right to a hearing and may result in a revocation of the permit. At the hearing, the burden shall be upon the applicant to show that the action appealed from is unreasonable, arbitrary, or in excess of jurisdiction. The appellant shall be entitled to representation by counsel and to present testimony through other witnesses. The action of the city manager or their designee shall be final.
(Ord. 117 § 11, 1993; Ord. 445 § 1, 2024)
Continuing Operation of Bingo Games. Pending the final determination of a proceeding for revocation or suspension of a license, a licensee may continue to operate bingo games for the period of his license or until the city manager or their designee makes such final determination.
(Ord. 117 § 12, 1993; Ord. 445 § 1, 2024)
A. 
A bingo game, including a remote caller bingo game, shall be conducted only on nonresidential property owned or leased by the qualified organization, 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 purpose for which the organization is organized.
B. 
Except for the operation of a remote caller bingo game, the bingo game shall be operated and staffed only by members of the qualified organization that organized the game.
C. 
Such members of the qualified organization shall not receive a profit, wage or salary from any bingo game. Only the qualified organization that is licensed to conduct the bingo game shall receive any proceeds from the operation of the game.
D. 
No bingo game may be conducted between the hours of 11:00 p.m. and 6:00 a.m. or may last more than five (5) hours in any twenty-four (24) hour period.
E. 
The number of bingo sessions may not exceed ten (10) such sessions in any calendar month, except that a licensee may hold one additional game, at its election, in each calendar quarter.
F. 
Attendance at any bingo game is limited to the occupancy capacity as determined by the city's fire department or the building and planning department.
(Ord. 117 § 13, 1993; Ord. 304 § 6, 2010; Ord. 445 § 1, 2024)
No individual, corporation, partnership, nor other person or legal entity except the qualified organization licensed to conduct a bingo game shall hold a financial interest in the conduct of the bingo game. However, this shall not preclude the employment of security personnel who are not members of the licensed organization at such game by the organization conducting the game.
(Ord. 117 § 16, 1993; Ord. 445 § 1, 2024)
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. Records required by this section shall be retained for a period of three (3) years. The licensee shall maintain a record of all receipts derived from bingo games and cash disbursement thereof including those disbursements awarded as prizes of each game. The licensee's books and records shall be available for inspection. No licensee may expend funds to publicize its bingo games except for small signs or handbills.
(Ord. 117 § 17, 1993; Ord. 445 § 1, 2024)
All bingo games shall be open to the public, not just to the members of the qualified organization. Any peace officer of the city shall have free access to any bingo game licensed under this chapter and the licensee shall make available license for inspection at all times during any bingo game.
(Ord. 117 § 19, 1993; Ord. 445 § 1, 2024)
The total value of prizes awarded during the conduct of any bingo games shall not exceed the amount authorized by California Penal Code Section 326.5(n), as that section may be amended from time to time.
(Ord. 117 § 20, 1993; Ord. 304 § 7, 2010; Ord. 445 § 1, 2024)
A. 
Any person violating any provision of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than five hundred dollars ($500.00) or both such fine and imprisonment.
B. 
Pursuant to subsections (b) and (c) of Section 326.5 of the Penal Code, 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 ten thousand dollars ($10,000.00).
C. 
The city attorney may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the California Penal Code or of this chapter.
(Ord. 117 § 23, 1993; Ord. 445 § 1, 2024)