Adelanto Municipal Code Ch. 5.24 Bingo

No person other than an eligible organization may conduct bingo games. Such eligible organizations shall not conduct bingo games without first having secured a license to conduct such games from the City.

[Ord. No. 462, Section 3, 5/9/07.]

A. Applicants for a bingo license shall file a written, signed and acknowledged application with the Collector including all information required by Section 5.04.070. In addition to the information required by Section 5.04.070 the following information shall be provided:

1. The dates, hours and location where the bingo games will be operated;

2. The name or names of the person or persons having the management or supervision of said games;

3. Whether food and beverages will be available;

4. Such other reasonable information as may be required as to the identity or character of the applicant, manager or members of applicant operating the games.

B. The application shall be accompanied by a copy of the tax exempt status determination issued by the State Franchise Tax Board to the applicant organization showing the applicant organization is exempt under the provisions of Revenue and Taxation Code Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), and 23701(1).

C. The applicant shall submit with the application a declaration under penalty of perjury of a duly authorized officer or representative of the organization, which states that the applicant organization owns or leases the property on which the bingo games are to be held and that such property is used by such organization for an office or for purposes for which the organization is organized. Said declaration shall also indicate that the proceeds of such games will only be used for charitable purposes, except as provided in this Chapter.

[Ord. No. 462, Section 3, 5/9/07.]

After receiving the application, the Collector shall refer the application to the Building, Planning, Fire and Police Departments for investigation. The departments shall make reports of their findings, together with a recommendation as to whether or not the applicant shall be granted a license, to the Collector within ten (10) working days after the application was referred. The license shall be issued for a specified location.

[Ord. No. 462, Section 3, 5/9/07.]

A bingo game shall be conducted only on property owned or leased by the eligible organization and used by it for an office or for performance of the purposes for which the organization is organized. The property owned or leased by the organization need not be used or leased exclusively by such organization. The bingo game shall be operated and staffed only by members of the licensed organization which organized the game. Such members shall not receive a profit, wage or salary from any bingo game. Only the organization licensed to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. Bingo games shall not be held on more than ten (10) days in each calendar month nor for more than five (5) hours in any twenty-four (24) hour period. No bingo shall be permitted between the hours of 2:00 a.m. and 6:00 a.m.

[Ord. No. 462, Section 3, 5/9/07.]

No person except the eligible organization licensed to conduct a bingo game shall hold a financial interest in such game.

[Ord. No. 462, Section 3, 5/9/07.]

A. Non-profit Organizations Under Revenue and Taxation Code Section 23701(d). All profits derived from a bingo game by organizations exempt from payment of the bank and corporation tax by Revenue and Taxation Code Section 23701(d) 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.

B. Other Licensed Organizations. With respect to other licensed 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 twenty percent (20%) of the proceeds after the deduction for prizes, or two thousand dollars ($2,000.00) per month, whichever is less, may be sued for rental of property, overhead and administrative expenses.

C. Records. Records required by this Chapter shall be retained by licensee for a period of three (3) years. Licensee’s records shall be available for inspection by the Chief of Police or designee or City officials upon demand. It is unlawful and a violation of this Chapter to fail to retain these records or make same available for inspection upon demand.

[Ord. No. 462, Section 3, 5/9/07.]

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.

[Ord. No. 462, Section 3, 5/9/07.]

All bingo games shall be open to the public, not just to the members of the licensed organization.

[Ord. No. 462, Section 3, 5/9/07.]

The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

[Ord. No. 462, Section 3, 5/9/07.]

No minor shall be allowed to participate in any bingo game. Every licensee shall display the license issued by the City in a conspicuous place in the premises where the bingo games are conducted.

[Ord. No. 462, Section 3, 5/9/07.]

Every licensee shall display the license issued by the City in a conspicuous place in the premises where the bingo games are conducted.

[Ord. No. 462, Section 3, 5/9/07.]

Each license issued hereunder shall be issued to an eligible organization and for a specific location and shall in no event be transferable from one (1) organization or location to another.

[Ord. No. 462, Section 3, 5/9/07.]

In addition to the provisions of Chapter 5.04, the following shall be considered grounds for denial, revocation or other disciplinary action:

A. Made any inaccurate, false, misleading or fraudulent statements, has failed to fully disclose all required information in an application or to provide all required documentation in support thereof; or

B. Violated any provision of this Title or of any statute relating to the permitted activity; or

C. Been convicted of a felony or any crime involving moral turpitude; or

D. A bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; or

E. Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting permitted bingo games; or

F. Conducted the permitted bingo game in a manner contrary to the peace, health, safety and general welfare of the public; or

G. Failed to comply with zoning, building, fire and environmental health services regulations of the City.

[Ord. No. 462, Section 3, 5/9/07.]