Alhambra Municipal Code Ch. 9.10 Bingo Games

The following organizations are eligible to apply to the city for a permit to conduct bingo games in the city under the provisions of this chapter:

(A) Organizations which are organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or for the prevention of cruelty to children or animals; and which are exempted from the payment of the bank and corporation tax by Cal. Rev. & Tax Code § 23701(d); and

(B) Bona fide senior citizens' clubs which have continuously maintained a meeting place in the city since September 1, 1977;

(C) Benevolent Paternal Order of Elks' Lodges within the city, provided that the same are exempted from the payment of the bank and corporation tax by Cal. Rev & Tax. Code § 23701(b); and

(D) Veterans' organizations chartered by act of the Congress of the United States, or an auxiliary of such an organization, which organizations or auxiliaries maintain a meeting place in the city, and provided that the same are exempted from the payment of the bank and corporation tax by Cal. Rev. & Tax Code § 23701(f).

('86 Code, § 9.10.010) (Ord. 3698, passed - - ; Am. Ord. 3730, passed - - )

Eligible organizations desiring to obtain such permit to conduct bingo games in the city shall file an application in writing therefor with the Director of Finance. The issuing authority shall be the City Manager.

('86 Code, § 9.10.020) (Ord. 3698, passed - - )

All permits issued pursuant to this chapter shall annually expire on December 31 next following the date of their issuance, at which time they may be renewed by making application for renewal and paying the required annual fee within the time specified for the renewal of business licenses in Chapter 5.04 of this code.

('86 Code, § 9.10.030) (Ord. 3638, passed - - )

No permit shall be issued to any organization unless such applicant is an eligible organization under § 9.10.010 and its application conforms to the requirement, terms and conditions of this chapter.

('86 Code, § 9.10.035) (Ord. 3698, passed - - )

(A) The application for a permit shall contain the following:

(1) The name of the applicant organization and a statement that applicant is an eligible organization under § 9.10.010.

(2) The names and addresses of all officers of the applicant organization.

(3) If applicant organization is a corpora-tion, the names and addresses of all directors of the corporation.

(4) A list of the names of all members of the applicant organization who will operate and staff bingo games which members shall be nonsalaried and noncompensated.

(5) The particular property within the city, including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place.

(6) A detailed schedule of the date(s), hours, location, and occupancy capacity of such loca-tion of each bingo game to be held.

(7) A detailed description of the record system to account for the receipts, prizes, expenses and profits of each bingo game.

(8) The location and signatures of the special bank account(s) required by § 9.10.120.

(9) That the applicant agrees to conduct bingo games in strict accordance with the provisions of Cal. Penal Code § 326.5 and this chapter as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked by the City Manager upon violation of any of such provisions.

(10) The application shall be verified as provided in the Code of Civil Procedure for the verification of pleadings.

(11) The address to which notice, when required, is to be sent or mailed, and the names of any individual or individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of permittee.

(12) The application, if other than a senior citizens' club, shall also submit with its application a certificate or determination of exemption under the applicable section of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing exemption under such section.

(B) Each such application shall be accompanied by an amount equal to the annual permit fee provided herein. If an application for a permit is denied, one-half of any permit fee paid shall be refunded to the applicant.

('86 Code, § 9.10.040) (Ord. 3698, passed - - ; Am. Ord. 3730, passed - - )

(A) The annual fee to conduct bingo games shall be in an amount established by City Council resolution. Such fee shall be due and payable in advance on January 1 of each year.

(B) If an applicant applies for a permit to conduct bingo games on or after July 1 of any year, the amount of the fee shall be one-half the annual rate for the balance of the calendar year.

(C) Upon application the City Council may waive in part or in whole the fees required by this section. The City Council is not required to hold a hearing prior to any vote on the waiver of permit fees and may receive information from any source. The waiver of any permit fee must be passed upon an adequate showing of a financial hardship or burden to the organization requesting the waiver.

(‘86 Code, § 9.10.050) (Ord. 3698, passed - - ; Am. Ord. 3730, passed - - ; Am. Ord. 3742, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)

Upon receipt of the completed application and the fee, the Director of Finance shall refer the same to interested departments of the city including, but not limited to, the City Manager, City Attorney, Police Department, Fire Department and the Depart-ment of Planning and Building for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies, and the extent to which it qualifies, as property on which bingo games may lawfully be conducted as to fire, occupancy and other applicable restrictions.

('86 Code, § 9.10.060) (Ord. 3698, passed - - )

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city, the City Manager shall issue a permit to the applicant, which shall contain the following informa-tion:

(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 this chapter.

('86 Code, § 9.10.070) (Ord. 3698, passed - - )

No permit shall be issued to conduct bingo games unless and until the applicant has obtained a certificate of occupancy therefor pursuant to the provisions of § 23.12.070 of this code.

('86 Code, § 9.10.075) (Ord. 3698, passed - - )

(A) Whenever it appears to the City Manager that the permittee is conducting a bingo game in violation of any of the provisions of this chapter, the City Manager shall have the authority to summarily suspend the permit and order the permittee to immediately cease and desist any further operation of any bingo game.

(B) Any person who continues to conduct a bingo game after any summary suspension thereof under division (A) shall be deemed guilty of a misdemeanor and shall be punished as provided in § 1.12.010 of this code.

(C) The order issued under division (A) shall also notify the permittee that it shall have five days from the date of such order to request a hearing to determine whether such permit shall be revoked. Failure to request, in writing, such hearing before the City Manager within the five-day period shall result in a revocation of the permit.

(D) Upon such request by the permittee whose permit has been suspended under division (A), for a hearing to determine whether such permit shall be revoked. The City Manager shall provide such hearing within ten days after receipt of such request at which hearing the suspended permittee may appear before the City Manager for the purpose of presenting evidence why the permit should not be revoked. No permit shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the suspended permittee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revoca-tion.

(E) Any organization whose permit is revoked under this section shall not conduct any bingo game in the city until such time as the City Council, on appeal, determines to overrule the decision of the City Manager.

('86 Code, § 9.10.080) (Ord. 3698, passed - - )

(A) Any holder of a permit whose permit is revoked under this chapter shall have the right, within ten days after receiving notice in writing of the revocation, to file a written appeal to the City Council. Such appeal shall set forth the specific ground or grounds on which it is based. The City Council shall hold a hearing on the appeal within 30 days after its receipt by the city, or at a time thereafter agreed upon, and shall cause the appellant to be given at least ten days' written notice of such hearing. At the hearing, the appellant, or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his or her appeal. The determination of the City Council on the appeal shall be final.

(B) Any organization whose permit is finally revoked may not again apply for a permit to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Cal. Rev. & Tax Code §§ 23701(b), 23701(d) or 23701(f), whichever is applicable, such organization may again apply for a permit upon proof of reinstatement of the exemption.

('86 Code, § 9.10.090) (Ord. 3698, passed - - ; Am. Ord. 3730, passed - - )

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

BINGO. 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. The game of BINGO shall not include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes.

('86 Code, § 9.10.100) (Ord. 3698, passed - - ; Am. Ord. 3812, passed - - )

(A) Requirement. No permittee shall engage in, conduct or carry on or permit to be engaged in, conducted or carried on, in or upon any premises within the city, the operation of a bingo game unless such game is conducted under the personal direction of a bingo manager or an alternate bingo manager duly licensed pursuant to this section for each bingo game. The bingo manager or an alternate bingo manager shall be present on the premises during the operation of all bingo games.

(B) Manager to be noncompensated. No person may be licensed as a bingo manager or an alternate bingo manager unless he or she is a nonsalaried, non-compensated member of the organization licensed to conduct bingo games.

(C) License. To obtain a bingo manager or alternate bingo manager license such applicant shall file with the Director of Finance an application therefor in writing, together with the required fee. The application shall set forth in addition to such information as may be required by the Director of Finance, the following:

(1) A statement that neither the bingo manager, any alternate bingo manager nor members of the nonprofit organization who operate any bingo game organized by such organization will receive any profit, wage, or salary or any other direct or indirect consideration from any bingo game.

(2) A statement that the bingo manager or alternate bingo manager applicant has read and understands all requirements of the law in regard to conducting bingo games in the city, and that such bingo manager or alternate bingo manager will accept full responsibility for the conduct of such bingo games and all bingo card/ticket sales people under his or her direction.

(D) License fee. The annual fee for the bingo manager license and up to and including two alternate bingo manager licenses shall be in an amount established by City Council resolution. The annual fee for each additional alternate bingo manager license shall be in an amount established by City Council resolution. Such fees shall be due and payable in advance on January 1 of each year. If an applicant applies for a bingo manager license or alternate bingo manager license on or after July 1 of any year, the amount of the fee shall be one-half the annual rate for the balance of the calendar year.

(E) Investigation.

(1) Upon receipt of an application for a bingo manager license or alternate bingo manager license, the Director of Finance shall forward the same to the Chief of Police who shall investigate such applicant and shall report to the Director of Finance the results of such investigation.

(2) A bingo manager license or alternate bingo manager license shall be issued if, after the investigation, it has been found:

(a) That the applicant is of good moral character and does not have a bad reputation for truth, honesty or integrity.

(b) That all of the statements made in such application are and each of them is true and not deceptive or misleading and that the applicant has not violated any of the provisions of this chapter or has engaged in any fraudulent transaction or enterprise and that the applicant intends to conduct his or her business fairly and honestly.

(3) If, after the investigation, it has been determined that the applicant fails to meet the foregoing conditions, the Director of Finance shall deny the application and refuse to issue a license and shall notify the applicant of his or her action. In the event any such application is denied, one-half of the license fee paid therefor shall be refunded to the applicant.

(‘86 Code, § 9.10.102) (Ord. 3730, passed - - ; Am. Ord. 3802, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)

No admission fee, purchase or donation shall be required for entry onto the bingo premises, except where the prizes awarded for each and all bingo games held are in kind and not in cash.

('86 Code, § 9.10.104) (Ord. 3730, passed - - ) Penalty, see § 9.10.210

The total value of prizes awarded during the conduct of any bingo games shall not exceed $250 in cash, or kind, or both, for each separate game which is held.

('86 Code, § 9.10.110) (Ord. 3698, passed - - ) Penalty, see § 9.10.210

The permittee shall post the costs, prizes and rules of each game to be played. Such signs shall be posted adjacent to the permit during the conduct of the bingo game.

('86 Code, § 9.10.112) (Ord. 3730, passed - - ) Penalty, see § 9.10.210

A record shall be kept on forms approved by the Chief of Police by the permittee showing the name and written signature, the address, the telephone number of the winner, and the consecutive serial number on the receipt for all prizes over $20.

('86 Code, § 9.10.114) (Ord. 3730, passed - - ; Am. Ord. 3802, passed - - )

No person shall interfere with, prevent or refuse to permit any member of the Police Department to make an examination or inspection of any premises, whether the premises is open to the public or not, or by any record kept by the applicant organization and or any agent or employee thereof for the purpose of determining whether the applicant organization and or bingo manager are complying with all of the pro-visions of this chapter and all other applicable ordinances, statutes, rules and regulations affecting applicant's business.

('86 Code, § 9.10.116) (Ord. 3730, passed - -) Penalty, see § 9.10.210

(A) 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 record 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 this chapter.

(B) With respect to organizations exempt from payment of the bank and corporation tax by Cal. Rev. & Tax. Code § 23701(d), all profits derived from a bingo game shall be used only for charitable purposes.

(C) With respect to all other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds derived from a bingo game 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 10% of the proceeds after the deduction for prizes, or $500 per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, and administrative expenses.

('86 Code, § 9.10.120) (Ord. 3698, passed - - ; Am. Ord. 3730, passed - - ) Penalty, see § 9.10.210

(A) Annual report. Permittee shall report annually to the Director of Finance on a form furnished by him or her the date and location of each bingo game conducted by permittee, the proceeds from each such bingo game, the disposition of such fund and any other information as may be required by the Director of Finance in order to carry out the purpose of this chapter. Such reports shall be submitted by no later than January 31 each year for the preceding calendar year.

(B) Audit of records. The books, records, and accounts of any permittee may be audited by the city at permittee's expense. Such an audit shall be performed by a qualified accountant who shall be selected by the City Council and/or the Director of Finance. Any information obtained pursuant to the provisions of this section or any statement filed by the permittees shall be deemed confidential in character and shall not be subject to public inspection except in connection with the enforcement of the provision this chapter. It shall be the duty of the Director of Finance to so preserve and keep such statements so that the contents thereof shall not become known except to persons charged by law with the administration of the provisions of this chapter or pursuant to the order of any court of competent jurisdiction.

('86 Code, § 9.10.125) (Ord. 3730, passed - - ; Am. Ord. 3802, passed - - ) Penalty, see § 9.10.210

No individual, corporation, partnership, or other legal entity, except the permittee, shall hold a financial interest in the conduct of such bingo games.

('86 Code, § 9.10.130) (Ord. 3698, passed - - ) Penalty, see § 9.10.210

A bingo game shall be operated and staffed only by members of the permittee organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the permittee shall operate such game, or participate in the promotion, supervision or any other phase of such game.

('86 Code, § 9.10.140) (Ord. 3698, passed - - ) Penalty, see § 9.10.210

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

('86 Code, § 9.10.150) (Ord. 3698, passed - - ) Penalty, see § 9.10.210

No outdoor signs, or signs visible to the public passing by, promoting bingo games shall be posted upon the premises on which such bingo games are to be conducted.

('86 Code, § 9.10.155) (Ord. 3730, passed - - ) Penalty, see § 9.10.210

Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Depart-ment and the Department of Planning and Building of city. Permittee shall not reserve seats or space for any person.

('86 Code, § 9.10.160) (Ord. 3698, passed - - ) Penalty, see § 9.10.210

(A) A permittee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The permit issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the permittee is organized, the permit shall have no further force or effect. A new permit may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.

(B) Nothing in this section, however, shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

('86 Code, § 9.10.170) (Ord. 3698, passed - - ; Am. Ord. 3730, passed - - )

Penalty, see § 9.10.210

No person under the age of 18 years shall be allowed to participate in any bingo game.

('86 Code, § 9.10.180) (Ord. 3698, passed - - ) Penalty, see § 9.10.210

No alcoholic beverages shall be served or consumed during the hours of operation in which the permittee is conducting bingo games.

('86 Code, § 9.10.185) (Ord. 3730, passed - - ) Penalty, see § 9.10.210

No person who is obviously intoxicated shall be allowed to participate in a bingo game.

('86 Code, § 9.10.190) (Ord. 3698, passed - - ) Penalty, see § 9.10.210

(A) Except when a bingo game is held in a city-owned or city-operated building, no prohibition of smoking pursuant to Chapter 9.18 of this code shall be enforced for the duration of the bingo game open to the general public subject to the following provisions:

(1) Whenever a bingo game is conducted with 40 or more players, permittee shall provide and maintain a non-smoking area of at least 25% of the seating capacity;

(2) Permittee shall install and maintain smoke arrestors in the ceiling of those rooms or buildings frequently used for bingo games; and/or

(B) Permittee shall provide those players who wish to smoke with smoke filtering ashtrays.

('86 Code, § 9.10.195) (Ord. 4128, passed - - )

(A) No permittee shall conduct any bingo game for more than six hours during any one day, and on more than one day during each week.

(B) No bingo game shall be conducted before 10 a.m. nor after 12 a.m. of any such day.

('86 Code, § 9.10.200) (Ord. 3698, passed - - ; Am. Ord. 3734, passed - - ) Penalty, see § 9.10.210

(A) It is a misdemeanor under Cal. Penal Code § 326.5(b) for any person to receive or pay a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the city.

(B) It is a misdemeanor under Cal. Penal Code § 326.5(c) to violate any provision of this chapter, other than division (A) above.

('86 Code, § 9.10.210) (Ord. 3698, passed - - ; Am. Ord. 3730, passed - - )

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.

('86 Code, § 9.10.220) (Ord. 3698, passed - - ) Penalty, see § 9.10.210

(A) License required. No person shall sell, lease or distribute bingo supplies or equipment within the city without having first obtained a business license therefor in accordance with the provisions of Chapter 5.04 of this code.

(B) License fee. The annual fee for the license required in division (A) above shall be $50. Such fee shall be due and payable in advance on January 1 of each year. If an applicant applies for such a license on or after July 1 of any year, the amount of the fee shall be one-half the annual rate for the balance of the calendar year.

(C) Penalties. Whenever any license fee required by this chapter is not paid prior to the delinquency date specified in § 5.04.190 of this code, a penalty shall be due and is hereby imposed in the manner, as of the time and in the amount specified in § 5.04.192 of this code.

('86 Code, § 9.10.222) (Ord. 3730, passed - - )

(A) Every organization and person having a permit or license issued pursuant to this chapter, within five days thereafter, shall notify the Director of Finance in writing of any change in facts required to be stated in the application therefor.

(B) The permittee shall notify the Director of Finance of any changes in the list of members who will operate and staff bingo games. The notification shall be made in writing and served upon the Director of Finance in one of the following methods:

(1) Personal delivery of a revised list and the obtaining of a receipt therefor at least three days prior to the operation of any game.

(2) Transmittal of a revised list by certified mail bearing a post date at least five days prior to the operation of any game.

(3) The permittee shall retain in his records proof of service of the notification required by (1) and (2) of this section.

('86 Code, § 9.10.224) (Ord. 3730, passed - - )

The city may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this chapter.

('86 Code, § 9.10.230) (Ord. 3698, passed - - )

The provisions of Chapter 9.28 of this code shall not apply to any activities conducted pursuant to the provisions of this chapter.

('86 Code, § 9.10.240) (Ord. 3698, passed - - )

The Council reserves the right to add to, amend, or repeal by ordinance any of the rules and regula-tions set forth in this chapter and to so adopt additional rules and regulations, provided the same are consistent with state law.

('86 Code, § 9.10.246) (Ord. 3734, passed - - )

The Council further reserves the right to adopt by resolution additional emergency rules and regula-tions which shall become effective immediately upon adoption, and the violation of any such emergency rules and regulations shall constitute grounds for the suspension and revocation of the permits issued pursuant to the provisions of this chapter.

('86 Code, § 9.10.248) (Ord. 3734, passed - - )