Alameda County Municipal Code Ch. 3.12 Bingo

Bingo games are authorized pursuant to and as restricted by Penal Code Section 326.5 (including future amendments thereto), and the provisions of this chapter.

(Prior gen. code § 4-35.0)

The provisions of Penal Code Section 326.5 (including future amendments) are incorporated herein by this reference.

(Prior gen. code § 4-35.1)

No organization shall conduct a bingo game without a currently valid, unrevoked, unsuspended permit as provided for by this chapter.

(Prior gen. code § 4-35.2)

Application for a permit shall be made to the sheriff on forms provided by him. The application shall be accompanied by certificates or letters of exemption from the franchise tax board which establish that the applicant is currently exempted from payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 25701e, 23701f, 25701g, and 23701l of the State Revenue and Taxation Code or in a mobilehome park association or senior citizens organization and shall contain the following:

A. The name of the applicant organization;

B. The name, address and signature of at least two officers, including the presiding officer, of the organization;

C. The property, and the room or designated area thereon, where bingo games will be conducted, including the street number, the occupancy capacity and whether the property is owned or leased;

D. The application shall be signed by the applicant under penalty of perjury;

E. Such other information as the sheriff may require.

(Prior gen. code § 4-35.3)

A. A permit shall be valid for one year.

B. The amount of the annual permit fee, not to exceed fifty dollars ($50.00), shall be fixed by resolution of the board of supervisors and shall accompany the application.

(Prior gen. code § 4-35.4)

Upon receiving a completed application with fee, the sheriff shall investigate to determine whether the permit shall be issued.

(Prior gen. code § 4-35.5)

Within fourteen (14) days after receipt of a completed application, the sheriff shall either issue the permit or deny it with a written statement of reason(s) therefor, if the application is denied, one-half of the permit fee shall be refunded.

(Prior gen. code § 4-35.6)

A separate application, permit, and permit fee shall be required for each location at which bingo games are conducted. Permits shall not be transferable from one location to another or from one organization to another.

(Prior gen. code § 4-35.7)

A. The name and nature of the organization;

B. The address where bingo games are authorized to be conducted;

C. The occupancy capacity of any room in which bingo games are to be conducted;

D. The date of the expiration of the permit;

E. Such other information deemed necessary by the sheriff.

(Prior gen. code § 4-35.8)

Each permit shall be prominently displayed at the authorized location at all times during the conduct of the game.

(Prior gen. code § 4-35.9)

No bingo game shall be conducted between the hours of two a.m. and ten a.m.

(Prior gen. code § 4-35.10)

No alcoholic beverages shall be consumed, sold, or given away, served or delivered to any person within the room or designated area where any bingo games are being conducted. No person who is intoxicated shall be allowed to participate in a bingo game.

(Prior gen. code § 4-35.11)

A. The permittee shall keep detailed and accurate records of the income and expenses received and disbursed in connection with the operation, conduct, promotion and supervision of bingo games authorized hereunder.

B. The county, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time and the permittee shall keep such records open to inspection by the county.

C. Any person or corporation violating any of the provisions of subdivisions A or B of this section is guilty of a misdemeanor and upon conviction is punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six months in the county jail, or by both.

(Prior gen. code § 4-35.12)

The permittee shall not reserve seats or space for any person or persons, except the handicapped.

(Prior gen. code § 4-35.13)

Whenever the permittee is notified by the franchise tax board of the loss of the tax-exempt status described in Section 3.12.040 of this chapter, the permit issued hereunder shall be automatically revoked and the permittee shall forthwith return the permit to the sheriff.

(Prior gen. code § 4-35.14)

The sheriff may revoke a permit for any violation of the provisions of this chapter or of any applicable law or regulation, or for any false, misleading or fraudulent statement of a material fact in the application for the permit.

(Prior gen. code § 4-35.15)

If the sheriff determines that a permit should be revoked, he shall serve on the permittee a notice of his intent with his reasons therefor. The notice shall provide for revocation of the permit seven days after service of the notice upon the permittee, unless the permittee requests a hearing before the sheriff or his designee prior to revocation. The notice may contain a statement that the permit is immediately suspended and such suspension shall remain in effect during the pendency of the revocation and appeal procedures. The sheriff shall give the permittee at least five days' prior written notice of the time and place of the hearing which shall be held within fourteen (14) days of the receipt by the sheriff of the request therefor, and shall issue his written decision within seven days after the conclusion of the hearing.

(Prior gen. code § 4-35.16)

The applicant or any aggrieved person, including but not limited to, any county officer, department, board or commission affected by the permit shall have the right to appeal any action of the sheriff in granting or denying an application of the sheriff in granting or denying an application for a permit, or revoking a permit to the board of supervisors. The appeal shall be made in writing, specifying the grounds therefor, and filed with the clerk of the board of supervisors within ten days after the action of the sheriff. The board of supervisors may hear additional evidence and may sustain, reverse, or modify the decision of the sheriff. The decision of the board shall be final.

(Prior gen. code § 4-35.17)

Nothing in this chapter shall be construed as preventing criminal prosecution under Chapters 9 and 10, Title 9 of Part 1 of the Penal Code, whenever bingo games are conducted with a suspended or revoked permit or with a permit fraudulently obtained.

(Prior gen. code § 4-35.19)