Avenal Municipal Code Ch. 13 Bingo Games

Sections: 5-13.01 Definitions.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 33 5-13.02 Bingo games for charitable purposes permitted. 5-13.03 Organizations eligible for licenses to conduct bingo games. 5-13.04 Bingo game licenses required. 5-13.05 Application procedure. 5-13.06 Filing of application—Fee. 5-13.07 Action upon receipt of application. 5-13.08 Reports on applications. 5-13.09 Application renewal. 5-13.10 Issuance of permit. 5-13.11 Notification of denial by department. 5-13.12 Appeal in event of application denial or restriction. 5-13.13 Changes in conditions during license period. 5-13.14 Information. 5-13.15 Revocation of licenses. 5-13.16 Suspension or revocation—Notice—Hearing. 5-13.17 Contents of licenses—Expiration. 5-13.18 Posting of licenses. 5-13.19 Nontransferability of license. 5-13.20 Posting of costs, prizes and rules. 5-13.21 Record of prizes. 5-13.22 Inspections. 5-13.23 Bingo games open to public. 5-13.24 Attendance limited to occupancy capacity. 5-13.25 Maximum amount of prizes. 5-13.26 Profits to be kept in separate funds or accounts. 5-13.27 Inspections of records. 5-13.28 Financial interests in licensees only. 5-13.29 Exclusive operation by licensees. 5-13.30 Bingo games to be conducted only on property owned. 5-13.31 Minors not to participate. 5-13.32 Intoxicated persons not to participate. 5-13.33 Hours of operation. 5-13.34 Participants to be present. 5-13.35 Use of credit prohibited. 5-13.36 No admission charge. 5-13.37 Receipt of profits prohibited—Penalties. 5-13.38 Injunctive relief.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 34 5-13.01 Definitions. For the purpose of this chapter, "bingo" is defined as follows: 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. (Ord. 89-07 § 4, 1989) 5-13.02 Bingo games for charitable purposes permitted. Bingo games for charitable purposes are hereby authorized pursuant to Section 19(c), of Article IV of the Constitution of the State and Section 326.5 of the Penal Code of the State and in accordance with the provisions of this chapter. (Ord. 89-07 § 1, 1989) 5-13.03 Organizations eligible for licenses to conduct bingo games. All organizations listed and authorized by Section 326.5 of the Penal Code of the State, as the same now reads, or as said section may be hereafter amended, shall be eligible to apply to the City for a license to conduct bingo games in the incorporated limits of the City under the provisions of said Section 326.5 and the provisions of this chapter provided the proceeds of such games will be used for charitable purposes. (Ord. 89-07 § 2, 1989) 5-13.04 Bingo game licenses required. No organization shall engage in, carry on, maintain or conduct, or cause to be engaged in, carried on, maintained, or conducted, a bingo game in the incorporated area of the City without first having secured a license in accordance with the requirements of this chapter, nor without complying with the regulations contained in this chapter pertaining to the operations of bingo games. (Ord. 89-07 § 3, 1989) 5-13.05 Application procedure. The application procedure provided for in this chapter shall be followed with regard to the licenses sought pursuant to the provisions of this chapter. (Ord. 89-07 § 5, 1989) 5-13.06 Filing of application—Fee. Every person, upon payment of the appropriate fee, desiring a license pursuant to this chapter shall file an application with the City Manager, or his/her designee, upon a form to be provided by the City Manager or his/her designee. The application shall be filed at least fifteen (15) days prior to the conduct of any bingo game and shall specify:

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 35 (a) The name, address, and telephone number of the local applicant organization and a statement that the applicant is an eligible organization under Section 326.5 of the Penal Code of the State of California. (b) The name and signature of at least two (2) officers, including the presiding officer of the corporation or community chest and the trustee of any trust. (c) A list of the names of the members of the applicant organization who will operate and staff the bingo game. (d) A detailed schedule of the dates, hours, location, and occupancy capacity of such location of each bingo game to be held. (e) A detailed description of the record system to account for the receipts, prizes, expenses, and profits of each bingo game. (f) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code of the State of California and this chapter, as they may be amended from time to time, and agrees that the license to conduct bingo games may be summarily suspended by the City upon the violation of any such provisions, notwithstanding anything to the contrary. (g) The applicant shall also submit, with its application a letter or other evidence from the Franchise Tax Board of the State of California showing that the applicant is exempted from the payment of the bank and corporation tax by applicable sections of the Revenue and Taxation Code as listed in Section 326.5 of the Penal Code of the State of California or is a mobile park association or senior citizens organization. (h) The application shall be verified as provided in the Code of Civil Procedure of the State of California for the verification of pleadings. (i) The address of which notices, when required, shall be sent or mailed and the names of any individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the licensee. (j) Whether the application is for a new license or the renewal of an existing license. (k) Certification by the applicant that the organization or group applying currently operates in the City. (Ord. 89-07 § 6, 1989) 5-13.07 Action upon receipt of application. The filing of an application for a license shall be deemed a consent by the applicant for the City to undertake an investigation to determine if all the statements on the application are true. The filing shall also be deemed a consent to investigate the officers of the applicant and the person who will be responsible for the operation of the bingo game and those persons assisting therein as to any criminal record which they may have. Upon the receipt of an application for a license, the City Manager, or his/her designee, shall transmit copies of the application to the Avenal Police Department for a background investigation, to the Kings County Fire Chief to determine if fire regulations have been or will be complied with, and to the Planning Department to determine if the appropriate zoning laws and regulations and Building Code provisions have been or will be complied with. (Ord. 89-07 § 7, 1989; Res. No. 2010-64, 10-28-2010) 5-13.08 Reports on applications. Every officer and department to which an application is referred shall advise the City Manager, or his/her designee, in writing of all material facts necessary to determine whether the license should be

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 36 granted, granted subject to conditions or denied together with their approval or disapproval of the application. (Ord. 89-07 § 8, 1989) 5-13.09 Application renewal. The application for renewal shall be accompanied by the fee, proofs and be processed in all respects as an original application. (Ord. 89-07 § 38, 1989) 5-13.10 Issuance of permit. Where a permit is issued, the permit shall be for a term of one year from the date of issuance, subject to annual renewal and payment of fees. Fees shall be established by resolution of the City Council. (Ord. 91-06 § 6, 1991: Ord. 89-07 § 9, 1989) 5-13.11 Notification of denial by department. In the event any officer or department to which an application is referred recommends against the issuance of the license, the City Manager or his/her designee shall refuse to issue the license. The City Manager may refuse to issue a license if, after consideration of the application and any other papers, records and files the City Manager deems relevant, he/she determines 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 chapter. In the event the application for license is denied, the applicant shall receive written notification of such denial and a refund of one-half (½) of the applicant's fee. (Ord. 89-07 § 10, 1989) 5-13.12 Appeal in event of application denial or restriction. In the event the City Manager, or his/her designee, refuses to issue such license or attaches conditions thereto, the applicant may, within ten (10) days after the notice is given of such refusal or such condition, appeal the same to the City Council who shall hold a hearing thereon and whose decision shall be final. The Council may attach additional conditions to the license found by it to be necessary to protect the public health, safety and well-being. (Ord. 89-07 § 11, 1989) 5-13.13 Changes in conditions during license period. Any change during the license period in the organization of the licensee, its principal officers, the staff operating or assisting in the operation of the bingo game, or the condition of the premises shall be immediately reported to the City Manager who shall refer such changes to the appropriate official who shall make an investigation thereof, and if he/she deems appropriate, recommend the suspension and revocation of the license or the imposition of additional conditions thereto, which suspension, revocation, or additional conditions shall be appealable to the City Council as in the instance of an originalapplication. (Ord. 89-07 § 12, 1989)

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 37 5-13.14 Information. Every officer and department to which the application, whether original or not, is referred may require such additional information and the filing of such additional forms as they deem necessary. (Ord. 89-07 § 13, 1989) 5-13.15 Revocation of licenses. Any license issued to any person or firm may be revoked by the City Manager, or his/her designee, at any time whenever the holder thereof violated any of the provisions of this chapter or is conducting a bingo game in such a manner that the bingo game is detrimental to the good order of the City. (Ord. 89-07 § 14, 1989) 5-13.16 Suspension or revocation—Notice—Hearing. The holder of a bingo permit shall be given prompt notice of the revocation or suspension of the license and shall immediately desist from conducting or operating any bingo game. The notice shall fix a time and place, not less than five (5) nor more than sixty (60) days after service thereof, at which time the holder of the permit may appear before the City Council and be granted a hearing upon the merits of the suspension or revocation. (Ord. 89-07 § 15, 1989) 5-13.17 Contents of licenses—Expiration. In addition to any other requirements of this chapter, any license issued for bingo games for charitable purposes shall contain the following information: (a) The name and nature of the organization to which the license is issued. (b) The address where bingo games are authorized to be conducted. (c) The occupancy capacity of room in which bingo games are to be conducted. (d) The date of the expiration of such license. Each license shall expire one year after the date of issuance, unless a sooner date of expiration is set forth in such license. (e) Such other information as may be necessary or desirable for the enforcement of the provisions of this section. (Ord. 89-07 § 16, 1989) 5-13.18 Posting of licenses. Such licenses shall be posted in a prominent place during the conduct of any bingo game. The licensee shall produce and exhibit the license when applying for the renewal thereof and whenever requested to do so by the law enforcement officer or other officer authorized to issue, inspect, or collect licenses and permits. (Ord. 89-07 § 17, 1989) 5-13.19 Nontransferability of license. Any license issued under this chapter shall not be transferable, either as to the licensee or the location. Any attempt to transfer shall render the license in question invalid.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 38 (Ord. 89-07 § 37, 1989) 5-13.20 Posting of costs, prizes and rules. Such licensees shall post the costs, prizes and rules of each game to be played. Such signs shall be posted during the conduct of the bingo game in a conspicuous place on the inside of the premises to be used for the conduct of the bingo game. (Ord. 89-07 § 18, 1989) 5-13.21 Record of prizes. A record shall be kept, on forms approved by the City Manager or his/her designee, by the licensee showing the name and written signature, the address and the telephone number of the winner and the consecutive serial number on the receipt for the prize. (Ord. 89-07 § 19, 1989) 5-13.22 Inspections. No person shall interfere with, prevent or refuse to permit a member of the Avenal Police Department, any peace officer, or the City Manager or his/her designee to make an inspection, without notice, of any premises licensed for bingo games. Such inspection shall be for the purpose of determining whether the licensee organization and/or manager is complying with the provisions of this chapter and State or Federal law. (Ord. 89-07 § 20, 1989; Res. No. 2010-64, 10-28-2010) 5-13.23 Bingo games open to public. All bingo games shall be open to the public, not just to members of the licensee organization. (Ord. 89-07 § 21, 1989) 5-13.24 Attendance limited to occupancy capacity. Notwithstanding that the bingo games shall be 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 in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person. (Ord. 89-07 § 22, 1989) 5-13.25 Maximum amount of prizes. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250.00) total in cash or kind, or both, for each separate game which is held. Total prizes being offered at various stages during an ongoing series of numbers or symbols being called toward a larger game shall not exceed two hundred fifty dollars ($250.00). (Ord. 89-07 § 23, 1989)

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 39 5-13.26 Profits to be kept in separate funds or accounts. (a) With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, 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. Such profits shall be used only for charitable purposes. (b) 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 any other fund or account. Proceeds are the receipts of bingo games conducted by organization not within subsection (a) 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 (20) percent of the proceeds before the deduction of prizes or one thousand dollars ($1,000.00) 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. 89-07 § 24, 1989) 5-13.27 Inspections of records. The licensee shall keep a 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. The City, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time, without prior notice, and the licensee shall fully cooperate with the City by making such records available. (Ord. 89-07 § 25, 1989) 5-13.28 Financial interests in licensees only. No individual, corporation, partnership, or other legal entity, except the licensee organization, shall hold a financial interest in the conduct of such bingo game. (Ord. 89-07 § 26, 1989) 5-13.29 Exclusive operation by licensees. Bingo games shall be operated and staffed only by the members and manager of the licensee organization. Such members or manager shall not receive a profit, wage, salary, or any other direct or indirect consideration from any bingo game, nor shall they receive payments from the organization for such purpose. Only the licensee shall operate such games or participate in the promotion, supervision or any other phase of such games. This provision does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the game. (Ord. 89-07 § 27, 1989) 5-13.30 Bingo games to be conducted only on property owned. An organization authorized to conduct bingo games pursuant to this chapter shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 40 which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in the provision shall be construed to require that the property owned or leased by or whose use is donated to the organization be used or leased exclusively by or donated exclusively to such organization. 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 the 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 the eligible organization upon its qualifying for a license as set forth in this chapter. (Ord. 89-07 § 28, 1989) 5-13.31 Minors not to participate. No person under the age of eighteen (18) years shall be allowed to participate in any bingo game. (Ord. 89-07 § 29, 1989) 5-13.32 Intoxicated persons not to participate. No person who is intoxicated shall be allowed to participate in a bingo game. (Ord. 89-07 § 30, 1989) 5-13.33 Hours of operation. No bingo game shall be conducted between the hours of midnight and 10:00 a.m., except where authorized by the license. (Ord. 89-07 § 31, 1989) 5-13.34 Participants to be present. 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. 89-07 § 32, 1989) 5-13.35 Use of credit prohibited. No licensee shall issue chips, checks, tokens, markers or money to a patron on credit or loan (including, but not limited to, IOU's and checks to be held) or allow any person to play on credit. (Ord. 89-07 § 33, 1989) 5-13.36 No admission charge. No fee, donation, dues or other charge shall be imposed as a requirement for admission or entry onto any licensed bingo premises. (Ord. 89-07 § 34, 1989)

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 41 5-13.37 Receipt of profits prohibited—Penalties. It shall be a misdemeanor under subsection (b) of Section 326.5 of the Penal Code of the State and this section for any person to receive or pay a profit, wage or salary from any bingo game authorized pursuant to this chapter, and all persons are hereby prohibited from violating said sections. A violation of subsection (b) of said Section 326.5 and this provision shall be punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the General Fund of the City. A violation of any other provision of this chapter or of Penal Code Section 326.5 is a misdemeanor. (Ord. 89-07 § 35, 1989) 5-13.38 Injunctive relief. The City may bring an action to enjoin a violation of Section 326.5 of the Penal Code or of this chapter. (Ord. 89-07 § 36, 1989)