Big Bear Lake Municipal Code Ch. 5.10 Bingo

Corporations organized and operated exclusively for religious, charitable or veteran affairs uses, which are exempted from payment of the bank and corporation tax by Section 23701d of the California Revenue and Taxation Code and for which a contribution or gift to which would be a charitable contribution under Section 170(e)(2) of the Internal Revenue Code of 1954, mobile home park associations and senior citizen organizations, provided that the proceeds of such games are used only for charitable purposes, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the California Penal Code and the provisions of this chapter; provided, that said organization:

A. Has owned or leased property within the city for at least two years prior to the time that the organization files their application for a license and has used or maintained said property during the two year period in the conduct of their affairs; or

B. If said organization has not owned or leased property for a least two years, that the city council finds after review and comment from city staff that:

1. Said organization is otherwise qualified to have a license, and

2. Said organization acts in some capacity for or on behalf of the city.

(Ord. 84-108 (part), 1984)

Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application in writing therefor in the office of the finance director on a form to be provided by the finance director. The issuing authority shall be in the city tax administrator. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee.

(Ord. 84-108 (part), 1984)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.10.010 and its application conforms to the requirements, terms and conditions of this chapter.

(Ord. 84-108 (part), 1984)

A. Application for a license shall contain the following:

1. The name of the applicant, organization and a statement that applicant is an eligible organization under Section 5.10.010;

2. The name and signature of at least two officers, including the presiding officer, of the corporation or community chest and the trustee of any trust;

3. The particular property within the city, including the street number owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place;

4. Proposed day of week and hours of day for conduct of bingo games;

5. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the California Penal Code and this chapter as they may be amended from time to time and agrees that the license to conduct bingo games may be revoked by the city tax administrator upon violation of any such provisions.

B. The application shall be signed by the applicant under penalty of perjury.

C. An annual license fee, the amount of which shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing, shall accompany each application. If, for any reason, said application is denied, one half of any license fee paid shall be refunded to the organization.

D. The applicant shall also submit, with its application, a certificate of determination of exemption under Section 23701d of the Revenue and Taxation Code, or a letter of good standing from the exemption division of the franchise tax board of Sacramento, showing exemption under said Section 23701d, or evidence establishing the existence of a mobile home park association or senior citizen organization as provided in Section 5.10.010.

(Ord. 2002-329 § 1(f), 2002; Ord. 2002-326 § 1(part), 2002; Ord. 84-108 (part), 1984)

Upon receipt of the completed application and the fee, the finance director shall refer the same to interested departments to the city, including but not limited to, the city tax administrator, city attorney, sheriff's department, planning department and the fire department for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies and the extent to which it qualifies, as property on which bingo games may lawfully be conducted, as to fire, occupancy and other applicable restrictions.

(Ord. 84-108 (part), 1984)

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city, the city tax administrator shall issue a license to said applicant, which shall contain the following information:

A. The name and nature of the organization to whom the license is issued;

B. The address where bingo games are authorized to be conducted;

C. The occupancy capacity of the room in which bingo games are to be conducted;

D. The date of the expiration of such license;

E. The day of the week and the hours when the bingo game will be conducted;

F. Such other information including conditions as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Ord. 84-108 (part), 1984)

A. Whenever it appears to the sheriff's department that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the sheriff's department 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.

B. Any person who continues to conduct a bingo game after any summary suspension thereof under subsection A of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

C. The order issued under subsection A of this section shall also notify the licensee that it shall have five days from the date of such order to request a hearing before the city tax administrator to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the city tax administrator within said five day period, shall result in a revocation of the license.

D. Upon such request by the licensee whose license has been suspended under subsection A of this section, for a hearing to determine whether such license shall be revoked, the city tax administrator shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the city tax administrator 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 shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said 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.

E. 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 overrule the decision of the city tax administrator.

(Ord. 84-108 (part), 1984)

A. Whenever it appears to the city tax administrator 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 Section 4506 of the California Penal Code or that the manner in which the bingo games are being operated interferes with the use and enjoyment of adjacent nearby properties, the license may be revoked; provided, however, the licensee may appear before the city tax administrator at the time fixed by the city tax administrator for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said 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; provided further, that the city tax administrator may attach conditions to the license as will make the conduct of bingo games compatible with the adjacent and nearby properties.

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 overrule the decision of the city tax administrator.

(Ord. 84-108 (part), 1984)

A. Any holder of a license whose license is revoked or conditioned 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. The city council shall hold a hearing on the appeal within thirty 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.

B. 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 Section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

(Ord. 84-108 (part), 1984)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "Bingo" 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;

B. "Bingo game" means any one game occurring as a portion of all bingo activities during a given day during which bingo is permitted to be conducted by a given organization pursuant to the provisions of this chapter.

(Ord. 84-108 (part), 1984)

The total value of prizes awarded during the conduct of any bingo games shall not exceed the maximum value permitted by California statute relating to bingo games, in cash or kind, or both, for each separate game which is held.

(Ord. No. 2010-404, § 1, 5-10-2010; Ord. 84-108 (part), 1984)

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. The licensee shall keep 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 and permittee shall fully cooperate with the city by making such record available.

(Ord. 84-108 (part), 1984)

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

(Ord. 84-108 (part), 1984)

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

(Ord. 84-108 (part), 1984)

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

(Ord. 84-108 (part), 1984)

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 fire department and building department of the city in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.

(Ord. 84-108 (part), 1984)

A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office for performance of the purposes for which the organization is organized. 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 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 an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.

(Ord. 84-108 (part), 1984)

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

(Ord. 84-108 (part), 1984)

No person who is obviously intoxicated or who has alcoholic beverages in his possession shall be allowed to participate in or be present in any room where a bingo game is being conducted.

(Ord. 84-108 (part), 1984)

No licensee shall conduct any bingo activities permitted by this chapter more than twice during any continuous seven-day period, nor for more than a total of four hours during any such continuous seven-day period, nor shall a bingo game, or any portion or portions thereof, be conducted prior to twelve noon or after twelve midnight of any day. Under special circumstances, the city manager or his/her designee may approve an extension of operations as provided in Section 5.10.205.

(Ord. No. 2020-479, § 3, 3-9-2020)

A. Should any organization desire to conduct a bingo game for such a period that changes or extends the permitted hours of operation as set forth in Section 5.10.200 during any week because of unusual and/or nonrecurring circumstances, the city manager or his/her designee may approve a special permit subject to such conditions as the city manager or his/her designee deems appropriate.

B. Said request for a special permit shall be directed to the city manager or his/her designee in writing and indicate specific reasons for such request.

C. No more than two special permits for any one organization shall be approved by the city manager or his/her designee in any six-month period.

(Ord. No. 2020-479, § 3, 3-9-2020)

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. 84-108 (part), 1984)

It is a misdemeanor under Section 326.5 (b) of the Penal Code of the State of California for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city.

(Ord. 84-108 (part), 1984)

The city may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this chapter.

(Ord. 84-108 (part), 1984)

Any person violating any provisions of this chapter is guilty of a misdemeanor and upon conviction shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

(Ord. 84-108 (part), 1984)

If any section, subsection or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The city council declares that it would have adopted this chapter and each section, subsection or portion thereof, irrespective of the fact that any one or more sections, subsections or portion be declared invalid or unconstitutional.

(Ord. 84-108 (part), 1984)

The holder of any authorization to operate a bingo game granted by any prior city council shall be exempt from the necessity of application and such authority shall continue and such operator shall be subject to all provisions hereof.

(Ord. 84-108 (part), 1984)