Alameda Municipal Code § 5-24 Bingo Games for Charity

The following regulations relating to bingo for authorized organizations are enacted under Section 19 of Article IV of the State Constitution and implementing provisions of Section 326.5 of the State Penal Code.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.)

As used in this section:

Authorized organizations shall mean those organizations exempt from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701l, of the Revenue and Taxation Code; mobile home park associations; or senior citizens organizations; provided that the proceeds of such games are used only for charitable purposes.

Bingo shall mean a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. This definition applies exclusively to this section and shall not be applied in the construction or enforcement of any other provision of law.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.; Ord. No. 1917 N.S.; Ord No. 2717 N.S. 1)

Authorized organizations are hereby allowed to conduct bingo games in the City in the manner permitted by the provisions of Section 326.5 of the State Penal Code and the regulatory provisions of this Code.

(Ord. No. 1870 N.S.; Ord. No 1897 N.S.; Ord. No. 1917 N.S.; Ord. No. 2717 N.S. 2)

Before an organization can conduct a bingo game in the City as herein authorized, the organization shall apply for a permit with the City Manager or his/her designee and where applicable, shall file with the application either certificates of the Franchise Tax Board and U.S. Internal Revenue Service which show that the organization is currently exempted from the payment of the bank and corporations tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701l of the Revenue and Taxation Code or if a senior citizens organization or a mobile home park association, Articles of Incorporation or Bylaws.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.; Ord. No. 2717 N.S. 3)

A permit when issued shall be for a term of one (1) year from the date of issuance subject to renewal at which time current certificates described in subsection 5-24.4 shall be submitted with the renewal application.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.)

a. Permit fee

b. Renewal fee

c. Appeal fee

If an application for a permit is denied, one-half (1/2) of the permit fee shall be refunded to the organization. All fees shall be set by City Council Resolution.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.; Ord. No. 2576 N.S. 10)

No permit shall be issued to any organization unless such organization is authorized as defined by subsection 5-24.2 and its application conforms to the requirements, terms and conditions of this Code.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.)

An application or a permit as provided by subsection 5-24.4 of this Code shall be made to the City Manager upon forms provided by the City. The application herein required shall contain the following information:

a. The name, address or headquarters of the person applying for the permit.

b. The name(s), address(es), and signature(s) of the applicant(s) principal officer(s) including the presiding officer authorizing the submission of application and the necessary certificates, including the permit fee posted in the Office of the City Clerk.

c. An attached list of all members of the organization who will operate the bingo games including full names and dates of birth.

d. The particular property within the City, including the street number on which bingo games will be conducted; whether the property is owned, leased, or donated by the applicant; the primary use for which the applicant is organized; and, the occupancy capacity of such property.

e. Proposed hours and days of the week when bingo games will be conducted.

f. The name(s) of the financial institution(s) where funds derived from the bingo games shall be deposited.

g. A full statement of the proposed use of funds derived from bingo games.

h. A statement to the effect that if the permit is granted, it will not be used to represent in any way an endorsement by the City, or by any department, or officer thereof.

i. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the State Penal Code and the provisions of this Code, and further agrees that the permit to conduct bingo games may be summarily suspended by the Chief of Police and/or revoked by the City Manager upon violation of any such provisions of this Code.

j. The application shall be signed by the presiding officer of the applicant under penalty of perjury.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.; Ord. No. 2717 N.S. 4)

Upon receipt of the completed application and fee the application shall be forwarded for review and approval to the Chief Building Inspector, Planning Director, Fire Chief and Police Chief. Each department in their area of concern shall make a determination that the applicant's statements are true, applicant's property qualifies and to the extent to which it qualifies, as property on which bingo games may be lawfully conducted, as to fire, occupancy and other applicable restrictions.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.)

The City Manager shall approve the issuance of a permit unless the application is incomplete, statements in the application are false or the applicant does not meet any of the requirements of this section.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.)

The applicant may file an appeal and fee of the decision of the City Manager. A hearing shall be held in a manner as provided for in Section 5-16.8 of the Alameda Municipal Code.

(Ord. No. 1870 N.S.; Ord. No. 1879 N.S.)

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the City, the City Manager's office shall issue a permit to the applicant, which 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. Such other information as may be necessary or desirable for the enforcement of the provisions of these regulations.

(Ord. No. 1870 N.S.; Ord. No. 1879 N.S.)

Any peace officer of the City shall have free access to any bingo game authorized under these regulations. The permittee shall have the bingo permit, the list of approved staff, and proof of ownership of the bingo equipment available for inspection at all times during any bingo game. It shall be unlawful for any person to interfere, block doorways, or otherwise impede the efforts of the peace officer to make such inspections.

(Ord. No. 1870 N.S.; Ord. No. 1879 N.S.)

The permittee must own the gaming equipment necessary to conduct the bingo games. No gaming equipment may be rented, leased, or shall any fee be paid to anyone for such gaming equipment used in bingo games. Proof of ownership shall be displayed to any peace officer of the City upon request.

(Ord. No. 1870 N.S.; Ord. No. 1879 N.S.)

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

(Ord. No. 1870 N.S.; Ord. No. 1879 N.S.)

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 records 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 these regulations. The City, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time and permittee shall fully cooperate with the City by making such records available. With respect to organizations exempt from payment of 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. Those profits shall be used only for charitable purposes. All permittees shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and other phase of bingo games which are authorized by these regulations.

a. Such proceeds may be used for prizes.

b. A portion of such proceeds, not to exceed twenty percent (20%) of the proceeds before the deduction for prizes, or two thousand dollars ($2,000.00) per month, whichever is less, may be used for rental of property, overhead, administrative expenses, security equipment and security personnel.

(Ord. No. 1870 N.S.; Ord. No. 1879 N.S.; Ord. No. 2717 N.S. 5)

No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game.

(Ord. No. 1870 N.S. Ord. No. 1879 N.S.)

A bingo game shall be operated and staffed only by members of the authorized organization which organized it. 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 phase of such.

(Ord. No. 1870 N.S.; Ord. No. 1879 N.S.)

All bingo games shall be open to the public.

(Ord. No. 1870 N.S.; Ord. No. 1879 N.S.)

Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy of the room in which such game is conducted as determined by the Fire Department and Building Inspection Division of the City in accordance with applicable laws and regulations. Permittee shall not reserve seats or space for any person.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.)

An organization authorized to conduct bingo games pursuant to subsection 5-24.2 shall conduct a bingo game only on property owned or leased by it or donated to it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the property be used or leased exclusively by such organization. The permit issued hereunder shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated on the application.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.; Ord. No. 2717 N.S. 6)

No minor shall be allowed to participate in any bingo game.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.)

No permittee shall conduct any bingo game more than four (4) hours out of any twenty-four (24) hour period. No bingo game shall be conducted before 10:00 a.m. nor after 12:00 midnight of any day.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.)

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. 1870 N.S.; Ord. No. 1897 N.S.)

It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution. A violation shall be punishable by a fine not to exceed ten thousand ($10,000.00) dollars, which fine shall be deposited in the City General Fund.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.)

a. Whenever it appears to the Chief of Police or his representative that the permittee is conducting a bingo game in violation of any of these provisions, the Chief of Police or his representative shall have the authority to summarily suspend the permit for the day in question and order the permittee to immediately cease and desist any further operation of any bingo game on that day.

b. Any person who continues to conduct a bingo game after any summary suspension thereof under paragraph a. shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding five hundred ($500.00) dollars or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.)

a. Whenever it appears to the City Manager that the permittee has been or is conducting bingo games in violation of Section 326.5 of the State Penal Code, or any of these provisions, or that the permit was obtained by fraudulent representation, the permit may be revoked.

b. No permit shall be revoked unless written notice shall have first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to the permittee at the address given in the application. The notice shall set forth a summary of the ground(s) advanced as the basis of the revocation.

c. At the hearing before the City Manager or a hearing officer in the manner provided by subsection 5-16.8 of this Code the permittee or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in response.

d. The City Manager or the hearing officer shall be bound in the conduct of such hearing by the common law or statutory rules of evidence and procedure, but inquiry shall be made in such a manner to ascertain the substantial rights of the public and the permittee.

e. No decision shall be invalidated because of the admission into the record and the use as any proof of any fact in dispute of any evidence not admissible under the common or statutory rules of evidence.

f. Within twenty (20) days after close of hearing the City Manager shall enter his decision based upon the record presented and notify in writing, the permittee of such decision. The decision of the City Manager shall be final.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.)

The City of Alameda may bring an action in a Court of competent jurisdiction to enjoin a violation of Section 326.5 of the State Penal Code as amended or of these regulations.

(Ord. No. 1870 N.S.; Ord. No. 1897 N.S.)