Arcata Municipal Code Art. 5 Bingo

To the extent allowed by law, bingo games for charity shall be lawful in the City.

As used in this Article, "BINGO" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card, which conforms to numbers or symbols, selected at random.

No person, organization or other legal entity shall be permitted to conduct Bingo games in the City of Arcata unless such persons, organizations or other legal entities are exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701h of the Revenue and Taxation Code and by mobile home park associations and senior citizen organizations, and provided that the proceeds of such games are used only for charitable purposes, and possess a valid permit issued pursuant to the provisions of this article.

No minors shall be allowed to participate in any Bingo game.

All Bingo games shall be open to the public, not just to the members of the nonprofit charitable organization.

A Bingo game shall be operated and staffed only by members of the nonprofit charitable organization, which organized it. Only an organization authorized to conduct a Bingo game by permit issued pursuant to this Article shall operate such game, or engage in the promotion, supervision, or any other phase of such game.

No person or agent of such person shall receive a profit, wage, salary, or other income from any Bingo game authorized by this Article, except as a bona fide prize received as a participant in such Bingo game. It shall likewise be unlawful for any person to pay a profit, wage, salary or other income from any Bingo game authorized by this article, except as a bona fide prize to be received by a participant in such Bingo game.

An organization authorized to conduct Bingo games pursuant to Section 4142 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. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

All equipment used in the operation of Bingo games shall be owned by the organization authorized by permit and license to conduct such Bingo games.

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

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.

Each organization conducting a Bingo game shall maintain detailed records of all profits, expenditures, prizes and other expenses associated with the operation of Bingo games. Said records shall be retained for such period of time as required by state and federal law and for a period of three (3) years for purposes of this Article.

The total value of prizes awarded during the conduct of any Bingo games shall not exceed Two Hundred and Fifty Dollars ($250.00) in cash or kind, or both, for each separate game that is held.

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

All Bingo games shall be conducted only during the hours of noon to midnight.

(a) Any person who violates any of the provisions of this Article shall be guilty of an infraction, and any person, upon conviction thereof, shall be punishable as provided in this Code.

(a) The Chief of Police or his representative shall have the authority to inspect the premises in order to insure that the operation of Bingo games at the premises does not constitute a violation of any state or federal law or provision of this Article.

(b) The Chief of Police or his designated representative may inspect the records and special bank accounts containing profits derived from Bingo games of any organization conducting Bingo games whenever deemed reasonable and appropriate to insure compliance with the provisions of this Article.

No person or organization shall conduct a Bingo game without first obtaining a permit from the City Council to do so.

Written application for a required by this Chapter shall be made by affidavit under penalty of perjury and filed with the City Clerk. Such application shall contain:

(a) Name of organization; names, signatures and addresses of all the officers of the organization.

(b) Days and hours of operation of Bingo games.

(c) Attached copies of certificate or letters evidencing exempt status under the Revenue and Taxation Code and the Internal Revenue Code, received from the Franchise Tax Board and the Internal Revenue Service.

(d) Address of premises where Bingo games will be conducted.

(e) Statement of ownership or lease of premises.

(f) Purpose(s) for which such premises are used by the organization.

(g) Statement of ownership of Bingo equipment used in the operation of Bingo games.

(h) Statements of consent for City to inspect any bank accounts containing profits derived from Bingo games.

(i) Name of each individual, corporation, partnership or other legal entity that has a financial interest in the conduct of Bingo games.

(j) Name of person responsible for the operation of the Bingo games.

(k) Such further information as may be required by the City Council.

Each application for a permit shall be accompanied by a fee as set forth in the Schedule of Fees adopted by resolution of the City Council. If the application for a permit is denied, one-half of the fee paid shall be refunded to the organization.

The City Clerk shall set the time and place for public hearing on each application for a Bingo permit and shall mail notice thereof to the applicant and to any other person who has filed a written request for such notice.

(a) At the time and place set for public hearing on the application for a Bingo permit the City Council shall consider the records, papers, files and any other evidence it deems relevant and shall render its decision either granting or denying the permit.

(b) If the permit is approved, the City Council may include such restrictions and conditions in the permit as the Council deems reasonable and necessary under the circumstances to insure compliance with the purposes and intent of this Article.

The City Council may refuse to issue a permit if, after consideration of the application and any other papers, records and files it deems relevant, it is determined that the operation of a Bingo game would be injurious to the health, safety and morals of the people of the City, or that the permit application or proposed mode of operation of the Bingo game is not in compliance with the provisions of this Article.

Permits granted under this Article shall not be transferable, either as to the permittee or the location. Any attempt to transfer shall render the permit in question invalid.

Any permit issued under this Article may be suspended or revoked by the City Council on its own motion or an application of the Chief of Police for violation of any of the provisions of this Article, or any provisions of federal or state law.

The holder of a Bingo permit shall be given prompt notice of revocation or suspension of said permit and shall immediately desist from conducting or operating any Bingo game. Said notice shall fix a time and place, not less that five (5) nor more than sixty (60)days after service thereof, at which time the holder of said permit may appear before the City Council and be granted a hearing upon the merits of said suspension or revocation.

The City may, from time to time by resolution, adopt such rules and regulations as are necessary or appropriate to regulate Bingo games within the City.