Antioch Municipal Code Ch. 15 Bingo Games

For the purpose of this chapter, BINGO means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card that conforms to numbers or symbols selected at random. The game of bingo shall include cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game.

(Ord. 2097-C-S, passed 2-24-15)

Organizations that are exempt from the payment of the bank and corporation tax pursuant to Cal. Revenue and Taxation Code §§ 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), 23701(k), 23701(w) or 23701(1) and mobile home park associations, senior citizen organizations and charitable organizations affiliated with a school district, and who meet the other qualifications set forth in this chapter are eligible to conduct bingo games in the city pursuant to the provisions of Cal. Penal Code § 326.5 and the provisions of this chapter ("Eligible Organization").

(Ord. 2097-C-S, passed 2-24-15)

The total value of prizes awarded during the conduct of any bingo games shall not exceed $500 in cash or kind, or both, for each separate game which is held.

(Ord. 2097-C-S, passed 2-24-15)

All profits derived from a bingo game shall be kept and used in the manner prescribed by Cal Penal Code § 326.5 and shall principally be expended for charitable purposes within the city. The eligible organization shall keep full and accurate records of the income received and expenses disbursed in connection with its operation, conduct, promotion, supervision and all other phases of bingo games authorized by this chapter. The city, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time and the eligible organization or any operator of a bingo game shall fully cooperate with the city by making such records available.

(Ord. 2097-C-S, passed 2-24-15)

No individual, corporation, partnership or other legal entity except the eligible organization that is operating the bingo game shall hold any financial interest in the conduct of any bingo game.

(Ord. 2097-C-S, passed 2-24-15)

A bingo game shall be operated, conducted and staffed only by members of the eligible organization operating the bingo game. Such members shall not receive a profit, wage, salary or income of any kind from any bingo game. The eligible organization may, however, employ security personnel to provide security services at bingo games and pay for such personnel from game proceeds. Only the eligible organization shall operate such game and participate in the promotion, supervision or any other phase of such game.

(Ord. 2097-C-S, passed 2-24-15)

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

(Ord. 2097-C-S, passed 2-24-15)

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 Contra Costa Fire District and building department of the city. An eligible organization operating a bingo game shall not reserve seats or space for any person, nor allow any other person or player to reserve seats or a space for any person.

(Ord. 2097-C-S, passed 2-24-15)

An eligible organization operating a bingo game shall conduct the bingo game only on property that it owns or leases, or on property whose use is donated to the organization and the property is used by the organization 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 or donated to the organization be used or leased exclusively by such organization.

(Ord. 2097-C-S, passed 2-24-15)

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

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

(Ord. 2097-C-S, passed 2-24-15)

(A) Each Eligible organization may conduct bingo games no more than: two days per calendar week; and for one annual event conducted for not more than a three-consecutive-day period.

(B) No location shall have bingo games more than: two days per calendar week; and for one annual event conducted for not more than a three- consecutive-day period.

(C) No bingo game shall be conducted before 9:00 a.m. or after 11:00 p.m., nor longer than a four- consecutive-hour period.

(Ord. 2097-C-S, passed 2-24-15)

No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place during which the bingo game is being conducted.

(Ord. 2097-C-S, passed 2-24-15)

Remoter caller bingo, as defined in Cal. Penal Code § 326.3, or any other bingo game substantially similar to remote caller bingo as defined in the Penal Code (as determined by the Chief of Police in his or her reasonable discretion) is expressly prohibited in the city.

(Ord. 2097-C-S, passed 2-24-15)

No location where bingo games are conducted shall also have card room operation or computer gaming and internet access business operation, as defined in the Municipal Code. No eligible organization conducting a bingo game shall also conduct or be involved in the operation of a card room card or computer gaming and internet access business, as defined in the Municipal Code.

(Ord. 2097-C-S, passed 2-24-15)

(A) In addition to any other remedies or penalty provided by law, if the Chief of Police or designee finds that a bingo game is being conducted in violation of any applicable law, including without limitation, the provisions of this chapter, the Chief of Police shall have the authority to order the operator to immediately cease and desist any further operation of any bingo game.

(B) The Chief of Police shall give notice to the operator of the bingo game and property owner of the violation and issue an order of suspension ("order"). The order shall state the effective date of such suspension together with a statement of reasons for the suspension. The operator or owner shall have ten calendar days from the date of service of the order within which to file an appeal of the Chief of Police's decision to the City Manager. The decision of the City Manager shall be final. If for any reason the operator or owner fails to file a timely appeal, the order shall be deemed, for all purposes, to be an order of revocation and shall be final and conclusive subject only to judicial review.

(Ord. 2097-C-S, passed 2-24-15)

Any person who conducts a bingo game in the city in violation of state law or this chapter, shall, in addition to any other penalty or remedies for such conduct, be deemed to be conducting a public nuisance on the property where the same is located. The conduct of such a game shall be deemed for all purposes to be a continuing public nuisance and shall be subject to abatement, administrative citations or other remedies pursuant to the Municipal Code. City may elect to file a civil action to abate such a public nuisance and if the court determines that a public nuisance exists, the city shall be awarded its attorneys' fees and other costs incurred with reference to such civil action. Contemporaneously with such a civil action, criminal proceedings may also be filed against the person or persons conducting bingo games without there being a valid permit in effect.

(Ord. 2097-C-S, passed 2-24-15)

Any person operating or conducting a bingo game in violation of the chapter shall be deemed guilty of a misdemeanor.

(Ord. 2097-C-S, passed 2-24-15)