Atwater Municipal Code Ch. 5.12 Bingo Games

"Bingo" or "bingo game" means 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.

(Prior Code § 4-5.101)

No bingo game shall be allowed, played or conducted without a license first being obtained from the City. Licenses shall be effective only for a calendar year or part thereof in which issued.

(Prior Code § 4-5.102)

An application for a bingo license shall be filed with the chief of police. The application for such license shall be signed and verified by the applicant and shall set forth the following in formation:

A. The name and address of the organization to which the license will be issued;

B. The name, address and telephone number of the applicant, who shall be a duly authorized representative of the applying organization;

C. The name, address and telephone number of the president or chief officer of the organization which intends to conduct any bingo game;

D. The person who has custody of the financial records of bingo games which are required by the provisions of this chapter, and the location of such records;

E. The location where the bingo game is intended to be held;

F. The day or days of the week or specific dates upon which the bingo games are to be conducted, and the hours thereof;

G. A schedule of fees or charges to be collected from players for each bingo game, or for different varieties of bingo games to be conducted;

H. A statement that the place where the bingo games are to be conducted is the regular meeting place of the organization conducting the games, or that such organization has no such meeting place and will conduct the bingo games on premises owned or controlled by a tax-exempt organization, as described in this chapter;

I. Each application for a bingo license shall be accompanied by a written resolution of the governing board or body of the organization which is to conduct such games, the resolution being signed by the president or presiding officer of the organization and its secretary, authorizing the application for a bingo license;

J. Each application for a bingo license shall be accompanied by a certificate issued by the Franchise Tax Board of the State or by the Internal Revenue Service certifying the tax-exempt status of the organization applying for the license.

(Prior Code § 4-5.103)

A. All applications for a bingo license shall be accompanied by an application fee of $25.00, half of which ($12.50) is refundable if an application is denied. The license fee will be collected annually. The license fee may not be prorated. The fee is used to defray the administrative cost of investigating the applicant in issuing a license.

B. The chief of police shall verify the tax-exempt status of the applying organization and shall verify that the place where the bingo game will be conducted is the place where the applying organization usually meets or conducts its business, or that it has no such meeting place and will conduct the bingo game on property owned or controlled by a tax exempt organization.

C. The chief of police shall find and determine that:

1. The conduct of such bingo games at the times and at the place indicated will not disturb the peace of the neighborhood and will not create substantial traffic or parking problems; and

2. Neither the applying organization, nor any person listed in the application, has violated any laws and regulations of the City regarding building, fire, health or safety, and that the applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statement of facts in his application or any other documents required by the City to be submitted in conjunction with the application.

(Prior Code § 4-5.104; Ord. CS 350, 1977)

A. License shall be granted only to organizations exempted from the payment of bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), of the Revenue and Taxation Code and senior citizens organizations provided that the proceeds of such license activity are used only for charitable purposes.

B. The chief of police shall not issue a license to any applicant if the chief of police cannot certify any one of the findings required by this chapter to be made, or if it appears from the application that the conduct of such games would be in violation of any of the terms, conditions and requirements of this chapter.

C. No license issued shall be transferable.

(Prior Code § 4-5.105; Ord. CS 350, 1977)

Whenever it appears to the chief of police that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the chief of police 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.

(Prior Code § 4-5.106(A))

Any person who continues to conduct a bingo game after any summary suspension thereof under Section 5.12.060 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding $1,000.00, or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment.

(Prior Code § 4-5.106(B); Ord. CS 766, 11-10-1998)

The order issued 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 chief of police within said five-day period shall result in a revocation of the license.

(Prior Code § 4-5.106(C))

Upon a request by the licensee, whose license has been suspended under Section 5.12.060, for a hearing to determine whether such license shall be revoked, the chief of police shall provide such hearing within ten days after receipt of such request, at which hearing the suspended licensee may appear before the chief of police 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 has first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the 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.

(Prior Code § 4-5.106(D))

Any organization whose license is revoked under Sections 5.12.060 through 5.12.090 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 chief of police.

(Prior Code § 4-5.106(E))

A. Whenever it appears to the chief of police 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 Sections 5.12.060 through 5.12.100, the license may be revoked; provided, however, the licensee may appear before the chief of police at the time fixed by the chief of police for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice has first been given at least five days before the hearing thereof, by depositing in the United States mail a notice directed to the 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.

B. Any organization whose license 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 over rule the decision of the chief of police.

(Prior Code § 4-5.107)

A. Any holder of a license 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.

B. 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 appeal. The determination of the City Council on the appeal shall be final.

(Prior Code § 4-5.108(A))

Any organization whose license is finally revoked may not again apply for a license 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 Sections 23701(a), 23701(b), 23701(d), 23701(e), and 23701(f), of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

(Prior Code § 4-5.108(B); Ord. CS 350, 1977)

Licensees shall keep and maintain full records and accountings and shall detail the amount of money obtained from players, the amount of money or value of prizes given for each game played, and the disposition of any funds generated by the conduct of bingo games. The City shall have the right to inspect such records at any reasonable time. The chief of police may request the records when the licensee applies to renew its annual license.

(Prior Code § 4-5.109)

It is a misdemeanor, punishable by a fine not to exceed $10,000.00, as authorized by Penal Code Section 326.5(c), for any person to receive a profit, wage or salary from any bingo game.

(Prior Code § 4-5.110(A))

No minors shall be allowed to participate in any bingo games.

(Prior Code § 4-5.110(B))

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

(Prior Code § 4-5.110(C))

A. A license shall be issued to conduct bingo games 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; however, a licensee organization which regularly meets in a building owned or controlled by a public entity, or an organization which has no adequate regular meeting place and conducts a bingo game on the property of a tax-exempt organization, is exempted from this requirement.

B. No bingo game shall be conducted before 8:00 a.m. nor after 12:00 midnight of any day.

C. 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 licensee.

(Prior Code § 4-5.110(D); Ord. CS 350, 1977)

All bingo games shall be open to the public, not just the members of the non-profit, charitable organization.

(Prior Code § 4-5.110(E))

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

(Prior Code § 4-5.100(F))

No individual organization, partnership, or other legal entity except the licensee organization shall hold a financial interest in the conduct of any bingo game.

(Prior Code § 4-5.110(G))

All profits derived from any bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account.

(Prior Code § 4-5.110(H))

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.

(Prior Code § 4-5.110(I))

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

(Prior Code § 4-5.110(J))

In addition to the criminal penalties provided by this Code, violation of any provision of this chapter is a public nuisance, which may be abated by the City.

(Prior Code § 4-5.111)