Barstow Municipal Code Ch. 9.25 Bingo Games

Footnotes:

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Editor's note— Ord. No. 847-2009, § 2, adopted April 6, 2009, amended Ch. 9.25, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Ch. 9.25 pertained to similar subject matter. See also the Code Comparative Table and Disposition List.

State Law reference— Legislature by statute may authorize cities and counties to provide for bingo games for charitable purposes, Cal. Const. Art. IV, § 19; municipalities not prohibited from licensing and regulating by ordinance bingo games for charitable purposes, Penal Code § 326.5.

This chapter may be cited as the City of Barstow Bingo Ordinance.

(Code 1969, § 9.25.010; Ord. No. 847-2009, § 2, 4-6-2009)

This chapter is enacted pursuant to article IV, section 19 of the California Constitution and Penal Code §§ 326.3 and 326.5.

(Code 1969, § 9.25.020; Ord. No. 847-2009, § 2, 4-6-2009)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application:

Bingo has the meaning set forth in Penal Code § 326.5(o) as it now exists or may hereafter be amended.

Calendar week means Monday through Sunday.

Conduct, operate and staff all mean persons directly involved in the conduct of a bingo game and include, but are not limited to, calling numbers, distributing cards, and the awarding prizes.

Permittee organization means an organization to which the city manager has issued a permit to conduct bingo games under this chapter.

Premises.

(1) The term "premises" means real property within the city on which bingo games are or may be permitted under this chapter and which are:

a. Owned or leased by an organization, or property the use of which is donated to the organization; and

b. Used by that organization for an office or for performance of the purposes for which the organization is organized.

(2) Premises need not be used or leased exclusively by, or donated exclusively to, a permittee organization.

Remote caller bingo game has the meaning set forth in Penal Code § 326.3(u).

Security personnel means one or more persons exclusively employed to protect persons and property at bingo games.

(Code 1969, § 9.25.030; Ord. No. 847-2009, § 2, 4-6-2009)

(a) Nothing in this chapter shall prohibit the holding of any bingo games in compliance with the requirements of this chapter by organizations exempted from payment of the bank and corporation tax by Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701(l) and 23701w, or by mobile home park associations and senior citizens organizations, and school districts, provided that the proceeds of such games are used solely for charitable purposes.

(b) Bingo games for charitable purposes are authorized pursuant to section 19, article IV of the California Constitution, and Penal Code § 326.5, and in accordance with the provisions of this chapter. Eligible organizations may apply for a permit to conduct bingo games in the city under the provisions of Penal Code § 326.5 and the provisions of this chapter.

(c) Remote caller bingo games for charitable purposes are authorized pursuant to section 19, article IV of the California Constitution, and Penal Code § 326.3. Remote caller bingo games shall be conducted in accordance with Penal Code § 326.3 and this chapter and only by organizations exempted from payment of the bank and corporation tax by Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701(l) and 23701w, or by mobile home park associations, senior citizens organizations, and charitable organization affiliated with school districts. In addition, no organization shall be authorized to conduct remote caller bingo games unless the organization:

(1) Has been incorporated or in existence for three or more years; and

(2) Has a city-issued permit to conduct bingo games.

(Code 1969, § 9.25.040; Ord. No. 847-2009, § 2, 4-6-2009)

The provisions of Penal Code § 326.3 are incorporated herein by this reference and apply along with provisions of this chapter to control remote caller bingo games authorized by this chapter. In the event of any conflict between the provisions of this chapter and Penal Code § 326.3, Penal Code § 326.3 shall control.

(Code 1969, § 9.25.050; Ord. No. 847-2009, § 2, 4-6-2009)

Notwithstanding the provisions of Penal Code § 326.5(a), the provisions of Penal Code § 326.5 are incorporated herein by this reference and apply along with provisions of this chapter to control bingo games authorized by this chapter. In the event of any conflict between the provisions of this chapter and Penal Code § 326.5, the more restrictive provision shall control.

(Code 1969, § 9.20.060; Ord. No. 847-2009, § 2, 4-6-2009)

No person or organization may conduct or allow another to conduct bingo games, and no person may act as a bingo manager in the city without first obtaining a permit from the city manager to do so.

(Code 1969, § 9.25.070; Ord. No. 847-2009, § 2, 4-6-2009)

(a) Applications for a permit to conduct bingo games in the city must be in writing on a form provided by the city manager and shall contain the following information:

(1) The name of the applicant organization and evidence that the applicant is an eligible organization under section 9.25.040;

(2) The names, and addresses and signature of the presiding officer and at least one other officer of the applicant organization;

(3) The name, address and signature of each person designated as a "bingo manager" pursuant to section 9.25.160;

(4) The mailing address of the applicant organization;

(5) The mailing and street addresses of the premises on which bingo games will be conducted, together with the occupancy load of the room or rooms in which bingo will be played provided by the fire code in effect in the city when the application is made;

(6) The proposed day or days of the week and hours during which the applicant organization proposes to conduct bingo games;

(7) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Penal Code § 326.5 and this chapter, as they may be amended from time to time, and understands that the city manager may revoke the permit for a violation of any such provision;

(8) A statement setting forth the character, location and extent of the charitable work of the applicant organization;

(9) A statement of the charitable use to which the proceeds of bingo games will be put;

(10) A statement that the applicants have read and are familiar with the provisions of this chapter and will require all persons who operate or staff bingo games to read and be familiar with all provisions of this chapter prior to operating or staffing bingo games;

(11) A statement that the applicant intends or does not intend to conduct remote caller bingo games;

(12) If applicable, a statement that the applicant agrees to conduct remote caller bingo games in strict accordance with the provisions of Penal Code § 326.3 and this chapter, as they may be amended from time to time, and understands that the city manager may revoke the bingo game permit for a violation of any such provision;

(13) If applicable, a valid and current license to conduct remote caller bingo issued by the California Gambling Control Commission;

(14) Such other information as may be required by the city manager.

(b) Such application shall be signed under penalty of perjury by a person or persons with authority to bind the applicant organization.

(c) An applicant shall submit with an application a certificate of determination of exemption from the California Franchise Tax Board showing that the organization is exempt from tax under Revenue and Taxation Code § 23701(a), (b), (d), (e), (f), (g) or (l), or a letter of good standing from the exemption division of the franchise tax board showing an exemption under one of said sections. This subsection shall not apply to a mobile home park association, a senior citizens organization, or a school district.

(Code 1969, § 9.25.080; Ord. No. 847-2009, § 2, 4-6-2009)

Upon determining that an applicant is qualified to conduct bingo games in the city, the city manager shall issue a permit stating:

(1) The name and legal nature of the organization to which the permit is issued;

(2) The address of the premises on which bingo games may be conducted;

(3) The capacity of the room or rooms in which bingo games may be conducted;

(4) The date the permit expires;

(5) Any bingo managers designated pursuant to section 9.25.160;

(6) Any rules for the conduct of bingo games imposed pursuant to section 9.25.190; and,

(7) Such other related information as may be necessary or desirable for the enforcement of this chapter.

(Code 1969, § 9.25.090; Ord. No. 847-2009, § 2, 4-6-2009)

Each initial application for an organization or bingo manager permit and any renewal request related to such permit shall be accompanied by a fee of $50.00 or such larger amount as may be established by resolution of the city council consistently with Penal Code § 326.5(l) as it now exists or may hereafter be amended. If the applicant for a permit is denied or the renewal thereof is denied, one-half of such fee shall be refunded to the applicant.

(Code 1969, § 9.25.100; Ord. No. 847-2009, § 2, 4-6-2009)

A permit issued under this chapter shall expire one year after issuance or at such earlier time that the permittee organization no longer meets the requirements of this chapter.

(Code 1969, § 9.25.110; Ord. No. 847-2009, § 2, 4-6-2009)

Upon the filing of an application for a permit, the city manager shall forward the application to the chief of police for study and investigation. The chief of police shall investigate all persons listed on the application. No person may operate or staff a bingo game who has been convicted of embezzlement, theft, fraud or gambling. Based on the study and investigation, the chief of police shall recommend to the city manager either denial or approval of the permit application.

(Code 1969, § 9.25.120; Ord. No. 847-2009, § 2, 4-6-2009)

A permittee organization or a permitted bingo manager shall immediately report to the city manager any change in the information provided on an application for a permit under this chapter. Prior to conducting remote caller bingo games, a permittee organization shall supplement its permit application by providing the city with:

(1) A statement that the permittee organization agrees to conduct remote caller bingo games in strict accordance with the provisions of Penal Code § 326.3 and this chapter, as they may be amended from time to time, and understands that the city manager may revoke the bingo game permit for a violation of any such provision; and

(2) A valid and current license to conduct remote caller bingo issued by the California Gambling Control Commission.

(Code 1969, § 9.25.130; Ord. No. 847-2009, § 2, 4-6-2009)

At all times during which bingo is played, the permittee organization shall post conspicuously at the public entrance to the room or rooms in which bingo is played: the permittee organization permit, the bingo manager permit, any rules and regulations established by the city manager for the conduct of bingo games under the permit, and the permittee organization's rules of bingo operation. The posted rules shall be legible and accessible to all players.

(Code 1969, § 9.25.140; Ord. No. 847-2009, § 2, 4-6-2009)

(a) Bingo games shall be operated and staffed only by members of the permittee organization, who shall not receive a profit, wage, or salary from any bingo game.

(b) Only the permittee organization shall operate any bingo game or participate in the promotion, supervision or conduct of bingo games.

(c) This section does not preclude a permittee organization from employing or contracting another to employ security personnel who are not members of the permittee organization. Security personnel shall not operate or staff bingo games.

(Code 1969, § 9.25.150; Ord. No. 847-2009, § 2, 4-6-2009)

(a) One or more members of the permittee organization shall be designated as bingo managers on an application for a permit under this chapter and on any permit issued under this chapter. A permitted bingo manager shall be present at all times that a permittee organization conducts bingo games and that bingo manager shall be responsible for the conduct and operation of the bingo games and for compliance with all applicable laws, rules and regulations.

(b) No person may be a bingo manager unless he is a nonsalaried, noncompensated member of the permittee organization for at least six months before he is designated as a bingo manager and first obtains a bingo manager permit under section 9.25.170.

(Code 1969, § 9.25.160; Ord. No. 847-2009, § 2, 4-6-2009)

An applicant for a bingo manager permit shall file a written application stating, in addition to such information as may be required by the city manager:

(1) Neither the bingo manager nor the members of the permittee organization will receive any profit, wage or salary, or any other direct or indirect consideration from any bingo game;

(2) The bingo manager applicant has read and understands all requirements of this chapter for the conduct of bingo games in the city and accepts full responsibility for the conduct of such bingo games consistently with the requirements of this chapter.

(Code 1969, § 9.25.170; Ord. No. 847-2009, § 2, 4-6-2009)

(a) Except as provided in subsection (b) of this section, bingo games shall be conducted between 12:00 noon and 12:00 midnight for a maximum of six hours per day and no more than two days per calendar week by any permittee organization or on any one premises whether or not more than one organization is permitted to conduct bingo games on those premises.

(b) The city manager may issue a permit to allow bingo games to be played over any consecutive three-day period provided that such permit is granted only once per calendar year to any permittee organization. A request for a permit under this subsection (b) shall be made on a form provided, and as otherwise specified, by the city manager.

(Code 1969, § 9.25.180; Ord. No. 847-2009, § 2, 4-6-2009)

(a) Except as provided in section 9.25.150(c), no person shall receive or pay a profit, wage or salary from the proceeds of any bingo game conducted in the city. No person other than a permittee organization shall have, hold or obtain any financial interest in the conduct of bingo games.

(b) No permittee organization or bingo manager shall permit:

(1) Any person to participate in a bingo game, unless that player is present when the bingo game is conducted, except for remote caller bingo games;

(2) Any person to play any game of bingo on credit;

(3) Any minor to play bingo;

(4) Any alcoholic beverage to be served or consumed in a room where a bingo game is conducted during or between the playing of the games.

(c) The total value of prizes awarded during the conduct of any bingo game shall not exceed $500.00 in cash, kind, or both, for each separate bingo game which is held. The value of prizes awarded during the conduct of any remote caller bingo game shall not exceed 37 percent of the gross receipts for that game. When an authorized organization elects to deduct fees paid for the use and processing of credit card sales from the amount of gross revenues for that game awarded for prizes, the maximum amount of gross revenues that may be awarded for prizes shall not exceed 37 percent of the gross receipts for that game, less the amount of redirected fees paid for the use and processing of credit card sales.

(d) All persons who operate or staff bingo games shall wear on the outside of their clothing an identification insignia or badge, no less than 2½ by 3½ inches in size, bearing the name of the permittee organization and the name and any title of the staff member.

(e) Bingo games authorized under this chapter shall be conducted only on premises identified on the permit pursuant to which they are conducted.

(f) Bingo games shall be open to the public and may not be limited to the members of the permittee organization.

(Code 1969, § 9.25.190; Ord. No. 847-2009, § 2, 4-6-2009)

(a) 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 of the permittee organization, except as provided in subsection (b) of this section.

(b) Any permittee organization other than an organization exempt from the bank and corporation tax under Revenue and Taxation Code § 23701d, shall use the proceeds of bingo games only for the charitable purposes of the permittee organization or as follows:

(1) Such proceeds may be used for prizes and to pay permit and application fees under this chapter; and

(2) The portion of such proceeds specified by Penal Code § 326.5 may be used for rental of property; overhead, including the purchase of bingo equipment; administrative expenses; security equipment; and security personnel.

(Code 1969, § 9.25.200; Ord. No. 847-2009, § 2, 4-6-2009)

(a) No person shall interfere with, prevent or refuse to permit a duly authorized representative of the city manager, the fire department or any peace officer to inspect any place in which bingo games or remote caller bingo games are conducted in the city, whether or not bingo games or remote caller bingo games are being conducted at the time of the inspection.

(b) Failure to allow, or interference with, an inspection constitutes a violation and shall be grounds for revocation of a permit or denial of a bingo application or permit.

(Code 1969, § 9.25.210; Ord. No. 847-2009, § 2, 4-6-2009)

(a) Whenever it shall be shown or whenever the city manager has knowledge that a permittee, or agent thereof, has violated any of the provisions of this chapter, the city manager shall immediately suspend the permit and give the organization or bingo manager written notice ("notice of suspension") by registered mail of the suspension and a brief statement of the reasons therefor.

(b) Upon receipt of the notice of suspension, the organization or bingo manager shall cease from conducting any bingo game or remote caller bingo game, and the failure to do so shall constitute a separate and further violation of this chapter.

(Code 1969, § 9.25.220; Ord. No. 847-2009, § 2, 4-6-2009)

(a) In the event of any finding or decision of the city manager which is adverse to the application of an organization or bingo manager for a permit or renewal thereof under this chapter, or if a permit is suspended or revoked, the organization or bingo manager may appeal to the city council, provided, that such appeal is filed with the city clerk within 15 calendar days from the date of the finding or decision of the city manager. The city manager shall notify the organization or bingo manager of this right to appeal, and such notice shall accompany each and every adverse finding and decision of the city manager. The finding or decision and the notice of this right to appeal shall be mailed by registered mail, to the organization or bingo manager at the address which appears on the application for a permit or renewal thereof.

(b) Failure of the city manager to receive a timely request for an appeal constitutes a waiver of the right to contest the finding or decision. Unless a timely appeal is filed, a finding or decision of the city manager becomes final and unappealable.

(c) Within 30 calendar days of the filing date of an appeal, the city council shall conduct a hearing on the appeal. The city shall give the appellant at least five calendar days' mailed notice of the date, time, and location of the hearing at the address specified on the appeal. The failure of any appellant to receive a properly addressed notice of hearing shall not invalidate any action or proceeding by the city pursuant to this chapter.

(d) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. Within ten calendar days after conclusion of the hearing, the city council shall render its decision. The decision of the city council shall be a final decision.

(e) The failure of any appellant to appear at the hearing without such cause as the city council may deem sufficient to justify a continuance shall constitute a default and the finding or decision of the city manager shall thereupon be final and unappealable.

(Code 1969, § 9.25.230; Ord. No. 847-2009, § 2, 4-6-2009)

(a) Prior to July 31 and prior to January 31 of each year, a permittee organization shall, at its own expense, submit on a form to be provided by the city manager a report of gross revenues, expenses and other information reasonably required by the city manager to enforce this chapter. A permittee organization shall annually submit to the city manager a copy of its federal tax return not later than 60 calendar days after that return is filed with the Internal Revenue Service.

(b) A permittee organization shall maintain complete and accurate records of income received from, and prizes and other expenses disbursed in connection with, the operation and staffing of bingo games.

(c) The city manager may at any time demand a complete and detailed accounting of the records required under subsection (b) of this section and any other data or information pertaining to the operation of bingo games maintained by a permitted organization. The city manager may subject that accounting and such data and information to, an agreed upon procedures examination, audit, and/or any other accounting review which may extend to, without limitation:

(1) Proceeds from the operation of bingo games.

(2) An accounting of the number of players and number of games played over a designated period.

(3) An inspection of bingo cards, funds, equipment or any other records or documentation in connection with the operation of games over a designated period.

Such detailed accounting or further data or information shall be provided at the expense of the permittee organization if, in the sole discretion of the city manager, such detailed accounting or further data or information is necessary for the enforcement of this chapter.

(d) In the event a permittee organization fails to render an accounting or provide information pursuant to the provisions of this section within 60 calendar days of the city manager's request, the city manager may suspend that organization's permit until the requested accounting or information provided.

(Code 1969, § 9.25.240; Ord. No. 847-2009, § 2, 4-6-2009)

(a) The city attorney may bring an action to enjoin a violation of this chapter.

(b) A violation of section 9.25.160(a) and Penal Code § 326.3(c) shall be punishable by a fine not to exceed $10,000.00, which fine shall be deposited in the general fund of the city. A violation of any other provision of this chapter constitutes a misdemeanor punishable under section 1.01.150.

(Code 1969, § 9.25.250; Ord. No. 847-2009, § 2, 4-6-2009)