Chapter 7.34 — BINGO GAMES

Sections:

7.34.010 Bingo games​License required.

7.34.020 Organizations eligible for City license to conduct bingo games.

7.34.030 Application for license.

7.34.040 Applicant must be qualified.

7.34.050 License fee.

7.34.060 Contents of application.

7.34.065 Bingo manager.

7.34.070 Investigation of applicant.

7.34.080 Contents of license.

7.34.090 Summary suspension of license pending opportunity for hearing​Misdemeanor to continue after suspension—Revocation.

7.34.100 Revocation of license—Alternative procedure.

7.34.110 Appeal of revocation to City Council.

7.34.120 Definition of "bingo."

7.34.130 Maximum amount of prize.

7.34.135 Award of prizes.

7.34.140 False or misleading advertising.

7.34.150 Profits to be kept in separate fund or account.

7.34.155 Disbursement of funds.

7.34.160 Financial interest in licensee only.

7.34.165 Monthly report of receipts and expenditures.

7.34.170 Inspection of records.

7.34.180 Exclusive operation by licensee.

7.34.185 Staff member identification.

7.34.190 Bingo games open to public.

7.34.200 Attendance limited to occupancy capacity.

7.34.210 Bingo games conducted only on licensee's property.

7.34.220 Minors not to participate.

7.34.230 Intoxicated persons not to participate.

7.34.240 Days and hours of operation.

7.34.250 Participant must be present.

7.34.260 Receipt of profit by a person—A misdemeanor under state law.

7.34.270 City may enjoin violation.

7.34.280 Regulation of games and equipment.

7.34.300 Exemptions for certain games conducted by senior citizens organizations.

It shall be unlawful for any person, firm, corporation or organization to permit, conduct, organize, operate or participate in any bingo game except where such game is authorized and licensed in accordance with the provisions of this chapter. (Ord. 3761 § 2 (part); October 4, 1977.)

Any corporation, organization, group, community chest or trust which is exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) or 23701(l) of the Revenue and Taxation Code, any mobilehome park association, or any senior citizens organization shall be eligible to apply to the City for a license to conduct bingo games in the City of Anaheim under the provisions of this chapter and Section 326.5 of the Penal Code provided said applicant has owned or leased property within the City of Anaheim that has been used by the applicant as an

office or for the performance of the purposes for which the applicant is organized for at least twelve consecutive months immediately preceding the filing of such application. (Ord. 3918 § 2 (part); October 10, 1978.)

Eligible organizations desiring to obtain such license to conduct bingo games in the City of Anaheim shall file an application in writing therefor in the office of the License Collector on a form to be provided by the License Collector. The issuing authority shall be the City Manager. (Ord. 3761 § 2 (part); October 4, 1977.)

No license shall be issued to any organization unless such applicant is an eligible organization under Section7.34.020 and its application conforms to the requirements, terms and conditions of this chapter. (Ord. 3761 § 2 (part); October 4, 1977.)

Each new application or renewal shall be accompanied by an annual license fee in the amount of fifty dollars, one-half of which shall be refunded to the applicant if the license is denied. An additional fee equal to one percent of the monthly gross receipts over five thousand dollars derived by licensee from bingo games for the immediately preceding calendar month shall be paid to the City by licensee. Said additional fee shall be paid to the City monthly on or before the fifteenth day of each month and shall be submitted to the City License Collector together with the monthly report of receipts and expenditures required pursuant to Section 7.34.164 of this chapter. Each license shall expire one year from the date of issuance by the City. (Ord. 3761 § 2 (part); October 4, 1977: Ord. 4088 § 1; December 26, 1979.)

Said application for a license shall contain the following:

.010 The name of the applicant organization and a statement that applicant is an eligible organization under Section 7.34.020.

.020 The name, address, telephone number, and signature of at least two officers, including the presiding officer, of the corporation, organization, or community chest, and the trustee of any trust. In the event of any change of persons holding such offices, the licensee shall immediately notify the City License Collector, in writing, of such change and shall specify the name, address, and telephone number of such new officer(s).

.030 The address of the particular property owned or leased by the applicant and 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.

.040 Proposed days of week and hours of day for conduct of bingo games.

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

.060 The applicant shall also submit, with its ap-plication, a Certificate or Determination of Exemption, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing exemption from the payment of the bank and corporation tax under Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) or 23701(l) of the Revenue and Taxation Code of the State of California, and a description of the charitable purposes for which all profits will be used.

.070 Said application shall be signed by the applicant under penalty of perjury. (Ord. 3761 § 2 (part); October 4, 1977: Ord. 3918 § 2 (part); October 10, 1978.)

Concurrently, with the filing of an application pursuant to Section7.34.030 of this chapter, each applicant shall file a statement specifying the name and address of one person who shall manage, supervise and be responsible for the conduct of all bingo games by said applicant. Said person shall be known as the bingo manager, shall sign said statement accepting such responsibility and shall be present on the premises at all times during which bingo games are conducted. With respect to bingo licenses heretofore issued, each licensed organization shall file the above statement within ten days following the effective date of this ordinance. In the event any other person is designated as the bingo manager by any licensee, such licensee shall immediately file a new statement containing all of the data specified in this section. (Ord. 3918 § 2 (part); October 10, 1978.)

Upon receipt of the completed application and the fee, the License Collector shall refer the same to interested departments of the City including, but not limited to, the City Manager, City Attorney, Planning Department, Police Department and the Fire Department 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, zoning, and other applicable restrictions. (Ord. 3761 § 2 (part); October 4, 1977.)

Upon being satisfied that the applicant is fully qualified under law to conduct bingo games at the proposed location in the City of Anaheim, the City Manager shall issue a license to said applicant, which shall contain the following information:

.010 The name and nature of the organization to which the license is issued.

.020 The address where bingo games are authorized to be conducted.

.030 The occupancy capacity of the room in which bingo games are to be conducted.

.040 The date of the expiration of such license.

.050 Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. (Ord. 3761 § 2 (part); October 4, 1977.)

MISDEMEANOR TO CONTINUE AFTER SUSPENSION — REVOCATION.

.010 Whenever it appears to the City Manager that the licensee 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 license and order the licensee to immediately cease and desist any further operation of any bingo game.

.020 Any person who continues to conduct a bingo game after any summary suspension thereof under subsection .010 of this section shall be deemed guilty of a misdemeanor and conviction thereof shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in jail for a period not exceeding six months, or by both such fine and imprisonment.

.030 The order issued under subsection .010 of this section shall also notify the licensee that it shall have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the City Manager within said five-day period shall result in a revocation of the license.

.040 Upon such request for a hearing by any licensee whose license has been suspended under subsection .010 of this section, the City Manager shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the City Manager for the purpose of presenting evidence why the license should not be revoked. No license 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 said suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation. Any decision by the City Manager to revoke said license shall be given in writing to the licensee by depositing a copy thereof in the United States mail. Said notice shall state the grounds for such revocation.

.050 Any organization whose license is revoked by the City Manager under subsection .040 of this section shall have the right to appeal such decision to the City Council in accordance with the procedures specified in Section 7.34.110. However, such organization shall not conduct any bingo game in the City unless and until such time as the City Council, on appeal, determines to overrule the decision of the City Manager. (Ord. 3761 § 2 (part); October 4, 1977.)

.010 Whenever it appears to the City Manager that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation, and no summary suspension is ordered under Section 7.34.090, the license may be revoked; provided, however, the licensee may appear before the City Manager at the time fixed by the City Manager, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation. Any decision by the City Manager to revoke said license shall be given in writing to the licensee by depositing a copy thereof in the United States mail. Said notice shall state the grounds for such revocation.

.020 Any organization whose license is revoked under subsection .010 of this section shall have the right to appeal such decision to the City Council in accordance with the procedures specified in Section 7.34.110. However, such organization shall not conduct any bingo game in the City unless and until such time as the City Council, on appeal, determines to overrule the decision of the City Manager. (Ord. 3761 § 1 (part); October 4, 1977.)

.010 Any licensee whose license 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 thirty 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 such appeal. The determination of the City Council on the appeal shall be final.

.020 Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the City of Anaheim 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 any applicable section of the Revenue and Taxation Code, such organization may

again apply for a license upon proof of reinstatement of said exemption. (Ord. 3761 § 2 (part); October 4, 1977.)

As used in this chapter, "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 and which game is either:

1. Conducted among persons all or any of whom have paid, or promised to pay, any valuable consideration for the right to participate in such game; or

2. Conducted among persons none of whom has paid, or promised to pay, any valuable consideration for the right to participate in such came where the total value of the prizes awarded in such game exceeds a value of Twenty-Five Dollars. (Ord. 3761 § 2 (part); October 4, 1977: Ord. 4084 § 1; December 11, 1979.)

The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. Each progressive play in a series which continues to utilize and count any number symbols called and utilized in a previous part of said progression shall be deemed part of the same bingo game for purposes of this section, even though a separate prize may be awarded for each part of said progression. (Ord. 3761 § 2 (part); October 4, 1977.)

All prizes for each bingo game shall be awarded immediately following the conclusion of play of such bingo game.

Each patron in attendance at any bingo game who wins one hundred dollars or more in cash or prizes from any single bingo game shall be required to submit his or her full name, address and telephone number to the bingo manager or his designated staff representative prior to the award of such cash or prizes. Licensee shall inform all patrons of this requirement prior to the commencement of each bingo session. Said cash or prizes shall not be awarded to any person by licensee unless and until such person complies with the requirements of this section. All such information shall be kept strictly confidential by licensee and shall be made available only to the City of Anaheim upon request by the City Auditor, or his designated representative, or any City police officer. (Ord. 3918 § 2 (part); October 10, 1978.)

It shall be unlawful for any person, firm, corporation or association, with intent directly or indirectly to induce, encourage or solicit any person to participate in any bingo game or games authorized pursuant to this chapter, to make or disseminate or cause to be made or disseminated before the public in this City, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or any other manner or means whatsoever, any statement concerning any such bingo game including, but not limited to, the amount of prizes to be awarded or distributed in any game, which is untrue or misleading, and which is known or which, by the exercise of reasonable care, should be known to be untrue or misleading. (Ord. 3761 § 2 (part); October 4, 1977.)

.010 All profits derived from any bingo game by any organization exempt from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code shall be kept in a special fund or account and shall not be commingled with, or transferred to, any other fund or account of said licensee organization. Such profits shall be used only for charitable purposes.

.020 With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with, or transferred to, any other fund or account of said licensee organization. Proceeds are the receipts of bingo games conducted by organizations not within subsection .010 of this section. 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 of the proceeds before the deduction for prizes, or one thousand dollars per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

(3) Such proceeds may be used to pay license fees. (Ord. 3761 § 2 (part); October 4, 1977: Ord. 4088 § 2; December 26, 1980: Ord. 4313 § 1; March 9, 1982.)

All disbursements from the bingo account shall be by consecutively numbered checks signed by two authorized officers of the licensee and shall be made payable to a specific individual or organization. There shall be written on each check the nature of the expenditure for which the check is drawn. No check shall be drawn to "cash" or a fictitious payee. (Ord. 3918 § 2 (part); October 10, 1978.)

No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. (Ord. 3761 § 2 (part); October 4, 1977.)

On or before the fifteenth day of each month, the licensee shall report in writing to the City License Collector, on forms provided by the City License Collector for such purpose, an accounting of all bingo game receipts and expenditures for the immediately preceding calendar month. (Ord. 3918 § 2 (part); October 10, 1978: Ord. 4001 § 1 (part); May 8, 1979.)

It shall be the duty of every licensee to keep and preserve, for a period of three years, all records, ledgers and accounts relating to the proceeds and expenditures, and the distribution of all profits, derived from bingo games as are necessary to determine or establish compliance with the provisions of this chapter, which records, ledgers and accounts shall be made available by the licensee to the City Auditor, or his designated representative, at all reasonable times upon demand. Photocopies of said records, ledgers and accounts shall be provided to the City Auditor by licensee, upon demand, at no charge to the City. (Ord. 3761 § 2 (part); October 4, 1977: Ord. 4088 § 3; December 26, 1980.)

.010 A bingo game shall be operated, conducted and staffed only by members of the licensee organization. Each licensee organization shall keep and maintain a current roster containing the names of all of its members, which roster shall be conspicuously posted on the premises where such games are conducted and shall be open to public inspection at all times during the hours such games are conducted. Such members shall not receive a profit, wage, salary, or other consideration from any source whatsoever, for services rendered in connection with said bingo games, including any free or discounted play of any bingo game. Only the licensee shall operate and conduct such game, or participate in the promotion, supervision or any other phase of such game.

.020 Each licensee shall have written policies incorporated in its constitution, articles, by-laws or other regulations setting forth the manner in which a person may become a member of the organization. Absent any such written policies, it shall be presumed that the organization has no members who may operate or staff bingo games within the meaning of Section 326.5 of the Penal Code. (Ord. 3761 § 2 (part); October 4, 1977; Ord. 4001 § 1 (part); May 8, 1979.)

Any person participating in the operation, conduct, or staffing of any bingo game shall wear on his or her outside clothing, in plain view, an identification insignia or badge measuring not less than 2-1/2" × 3-1/2" in size and specifying the full name and title of such person and the name of the licensee organization. (Ord. 3918 § 2 (part); October 10, 1978.)

All games shall be open to the public, not just to the members of the licensee organization. (Ord. 3761 § 2 (part); October 4, 1977.)

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 Department and Building Division of the City of Anaheim in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person. In no event shall licensee permit in excess of five hundred persons to participate in any bingo game. (Ord. 3761 § 2 (part); October 4, 1977: Ord. 4001 § 1 (part); May 8, 1979.)

A licensee 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 license 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 licensee is organized, the license shall have no further force or effect. A new license 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.

Nothing in this section shall be construed to require that the property owned or leased by the licensee be used or leased exclusively by such licensee; provided, however, that said property shall in no event be used for the conduct of bingo games more often than one day out of any seven-day period, nor more than six hours out of each such day, regardless of the total number of licensees utilizing said property. (Ord. 4001 § 1 (part); May 8, 1979: Ord. 4088 § 4; December 26, 1979.)

No person under the age of eighteen years of age shall be allowed to participate in any bingo game. (Ord. 3761 § 2 (part); October 4, 1977.)

No person who is obviously intoxicated shall be allowed to participate in a bingo game. (Ord. 3761 § 2 (part); October 4, 1977.)

A licensee may conduct bingo games on not more than one day during any seven-day period. This limitation shall preclude a licensee from conducting bingo games at the location authorized pursuant to the license where such licensee has conducted bingo games on one or more days during said seven-day period at any other location or locations within the County of Orange pursuant to any other license or licenses issued by any other city in Orange County, or by the County of Orange. Once during each calendar year, the Chief of Police may permit a licensee to conduct bingo games for more than one day during any seven- day period, provided that such permission shall be limited to bingo games which will be conducted in conjunction with an established annual event regularly held by the licensee, such as an annual festival, bazaar or similar event. A licensee may not conduct bingo games between the hours of twelve midnight and ten a.m. of any day. (Ord. 3761 § 2 (part); October 4, 1977; Ord. 4001 § 1 (part); May 8, 1979: Ord. 4049 § 1; October 2, 1979.)

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. 3761 § 2 (part); October 4, 1977.)

It is a misdemeanor under Section 326.5(b) of the Penal Code of the State of California 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 ten thousand dollars which fine shall be deposited in the general fund of the City of Anaheim. A violation of any other provision of this chapter shall be a misdemeanor punishable as set forth in Section 1.01.370 of the Anaheim Municipal Code. (Ord. 3761 § 2 (part); October 4, 1977.)

The City of Anaheim 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. (Ord. 3761 § 2 (part); October 4, 1977.)

The Chief of Police may prescribe such regulations with respect to the conduct of the games and the equipment and cards used by the licensee as he deems necessary to ensure the fairness and integrity of the games, and the accountability of the funds collected. (Ord. 4001 § 2; May 8, 1979.)

ORGANIZATIONS.

Notwithstanding any other provision of this chapter to the contrary, the provisions of Sections7.34.050, 7.34.130, 7.34.150, 7.34.155, 7.34.165 and 7.34.170 of this Code shall not apply to any game conducted by a senior citizens organization wherein:

.010 The total value of the prizes awarded in any such game shall exactly equal the total amount collected from all players for the privilege of participating in such game (or the total amount collected from all players for participation in a series of games divided by the number of games in such series) and, further, such total amount shall not exceed ten dollars; and

.020 Not more than ten such games are conducted on any day; and

.030 Such games are not conducted by the senior citizens organization on more than one day during any seven-day period; and

.040 Such games are conducted only upon the property authorized for use by the senior citizens organization as specified on the bingo license.

.050 Such games are conducted and staffed solely by unpaid members of the senior citizens organization. (Ord. 5461 § 1; November 15, 1994.)

Chapter 7.36

(Repealed by 5831, 10/15/02)

Chapter 7.40

(Repealed by 5831, 10/15/02)