Blythe Municipal Code Ch. 5.16 Bingo Games

A. The purpose of this chapter is to provide for the issuance of permits under which certain bingo games may be allowed which would otherwise be unlawful under state law.

B. The ordinance codified in this chapter is enacted pursuant to the authority of Section 19 of Article IV of the state Constitution and Section 326.5 of the Penal Code. The provisions in this chapter shall be construed strictly in accordance with said authority and, in the event of any apparent conflict or inconsistency, the provisions in this chapter shall be given only such interpretation as will render them compatible with Penal Code Section 326.5 and other applicable provisions of state law.

(Ord. 482 § 1, 1977)

For the purpose of this chapter, certain words and phrases used in this chapter are defined as follows:

A. "Bingo," as defined in Penal Code Section 326.5, 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. "Minors" means all persons under eighteen years of age, as specified in Civil Code Section 25.

C. "Nonprofit organization" means an organization within the purview of Penal Code Section 326.5, which is an organization exempted from the payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, and a contribution or gift to which would be a charitable contribution under Section 170 (c) (2) of the Internal Revenue Code of 1954.

(Ord. 482 § 2, 1977)

Pursuant to and in accordance with the provisions of this chapter, the city manager may issue permits to nonprofit organizations to conduct bingo games.

(Ord. 482 § 3, 1977)

Each applicant for a permit under this chapter or for permit renewal, and each person filing any appeal pursuant to the provisions of this chapter, shall pay, at the time of filing the application or appeal, a processing fee or fees in an amount or amounts as may have been established by resolution of the city council. The permit fee is not refundable in the event the applicant is determined not to qualify for a license, and an appeal fee is not refundable unless expressly otherwise ordered by the city council.

(Ord. 482 § 4, 1977)

A. An application for a bingo permit shall be written, signed, and verified under penalty of perjury, and shall be filed with the city manager in such form as the city manager shall prescribe.

B. Each application for permit or renewal shall contain at least the following information:

1. Game of bingo license fee;

2. A statement indicating the purpose and uses for which the proceeds of such bingo games are to be used or were used;

3. A report from the building and planning and fire departments of the city stating inspection of the property has been made, and such property meets with fire, building, and safety regulations and has adequate off-street parking for one car for each two possible participants in a bingo game;

4. A copy of the tax-exempt-status determination issued by the State Franchise Tax Board to the applicant organization showing that the applicant organization is exempt under the provisions of Section 23701(d) of the California Revenue and Taxation Code, and that such exemption still exists at the time of application submittal or renewal;

5. A copy of the appropriate written confirmation from the Internal Revenue Service that the applicant organization is one, a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954.

(Ord. 593 § 1, 1982: Ord. 482 § 5, 1977)

Upon receipt of an application the city manager shall conduct or cause to be conducted whatever investigation is deemed necessary to assure the city manager that activities under the permit will probably comply in all respects with the requirements set forth in Penal Code Section 326.5 and with local standard permit conditions, and with whatever other conditions the city manager deems necessary or desirable to protect the public peace, health, safety and welfare and to assure compliance with all laws, state and local.

(Ord. 482 § 6, 1977)

Permits as applied for shall be issued by the city manager provided it appears that all requirements of Penal Code Section 326.5 and of this chapter, and of the standards, rules and regulations (including special conditions which will be attached to the permit), applicable pursuant to this chapter and other ordinances and laws, have been, and will appropriately be, met fully by the applicant.

(Ord. 482 § 7(a), 1977)

A permit shall be denied if the character, reputation or moral integrity of the applicant organization's personnel (management or otherwise) is determined by the city manager to be inimical or detrimental to the safety or general welfare of the community, or if the applicant falsifies any information in the permit application or omits any information required therein. A permit denial, however, shall be made only after opportunity has been granted to the applicant for a due process hearing before the city manager, after at least ten days' notice to said applicant, setting forth a statement of the proposed grounds for denial of the permit, and stating the time and place such hearing will be held.

(Ord. 482 § 7(b), 1977)

All permits issued under this chapter to allow bingo games shall be subject to the following conditions as mandated by Penal Code Section 326.5:

1. Bingo games are allowed only when they are for the benefit of organizations exempted from the payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, a contribution or gift to which would be a charitable contribution under Section 170 (c) (2) of the Internal Revenue Code of 1954.

2. No person is to receive a profit, wage, or salary from any authorized bingo game.

3. No minors shall be allowed to participate in any bingo game.

4. A nonprofit organization shall conduct a bingo game only on property owned or leased by it, which property is used by such organization for any office or for performance of the purposes for which the organization is organized. Premises used solely for purposes of conducting bingo games are not qualified therefor.

5. All bingo games shall be opened to the public, not just to the members of the nonprofit organization.

6. A bingo game shall be operated and staffed only by members of the nonprofit organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game, shall operate such game, or participate in the promotion, supervision or any other phase of such game.

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

8. 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.

9. 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.

10. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars in cash or kind, or both.

(Ord. 482 § 8, 1977)

All permits issued pursuant to provisions of this chapter shall be subject to the following additional special conditions:

A. No alcoholic beverages shall be consumed, sold, given away, served or delivered to any person within the building (or portion thereof) occupied by the permittee at the time of the games, during the period of time between the commencement and ending of bingo games, except while such games are suspended for not less than one hour for meal purposes or the like.

(Ord. 593 § 2, 1982: Ord. 482 § 9, 1977)

The issuance of any bingo permit pursuant to this chapter, if appropriate, shall have additional special conditions attached thereto which are deemed by the city manager to be necessary to implement the purposes of this chapter and of Penal Code Section 326.5, and to assure compliance with the provisions of said chapter and section, and to protect the public peace, health, safety and welfare from foreseeable adverse effects which might otherwise result from any of the activities sanctioned by the permit; and the city manager shall have discretionary authority to prescribe any such necessary or appropriate conditions. The permittee (applicant) shall have the right to a due process hearing before the city manager, if such hearing is duly requested, in order to protest, or to propose modification of, any such additional special condition, existing or proposed.

(Ord. 432 § 10, 1977)

No permit shall be issued for the conducting of any bingo game or games by the city or any department or agency thereof.

(Ord. 629 § 7, 1986: Ord. 482 § 7(c), 1977)

A. The term of a bingo permit shall be six months (unless a lesser term has been applied for) and a permit may be renewed for up to a one-year period of time, any time within one year from the date of its issuance, upon due application therefor.

B. Each permit issued under this chapter shall be issued to a specified nonprofit organization to conduct bingo games at a specific location and shall in no event be transferable from one organization to another or from one location to another.

(Ord. 482 § 11, 1977)

Any permit granted pursuant to the provisions of this chapter may, after the permittee has been afforded the opportunity of a due process hearing as provided in Section 5.16.150, be revoked, suspended or modified by the city manager for any of the following grounds or reasons:

A. There has been a violation of or a failure to comply with any condition attached to the permit or any provision or regulation mentioned in this chapter or any other rule or regulation or law specifically applicable to the permitted activities.

B. The character or moral integrity of the permittee or the permittee's personnel is determined inimical to the public safety or general welfare of the community.

C. There was given any false or fictitious information in connection with the application for and obtaining of the permit.

D. Any one of the permittee's personnel (management or otherwise) has committed any fraudulent, false, deceptive or dangerous act in connection with, or while conducting, any permitted bingo game.

E. The permittee or any of its personnel has conducted any bingo game in a manner contrary to the peace, health, safety or general welfare of the public.

F. The permittee or any of its personnel have, in connection with activities allowed by the permit, failed to comply with any law or regulation in any of the following fields: zoning, building codes, off-street parking requirements, controls related to public assemblies, health regulations, or local and state fire regulations.

G. Any activities done under or occurring incidental to the permit have interfered or tended to interfere with the normal flow or vehicular or pedestrian traffic on any public right-of-way.

H. Any activities done under or occurring incidental to the permit have unduly and unreasonably interfered with or adversely affected any private property owner's or resident's rights to peaceful and unmolested enjoyment of his private premises.

I. The permittee or any of its personnel have failed to comply with provisions of the city's sign ordinance, or with conditions attached to the permit relating to sign control.

J. Any other reason exists for which the permit might have been lawfully denied in the first instance, or that for any reason the continued operations under the permit will be inimical to the public safety or general welfare of the community.

(Ord. 482 § 12, 1977)

A. A revocation, suspension or modification, as referred to in Section 5.16.140, shall be made only after opportunity has been granted to the permittee for a due process hearing before the city manager, after ten days' notice to said permittee, setting forth the nature and grounds of complaint against it and stating the time and place such hearing will be held.

B. Upon failure of the permittee to respond to the opportunity for hearing after receiving notice of such hearing, the permit may be suspended or revoked, or may be modified in such particulars as are deemed necessary in the public interest, and any such suspension, revocation or modification shall be effective upon notice or knowledge thereof being received by any of the permittee's local management personnel, orally or in writing. Any such order of suspension, revocation or modification shall also be effective as to any employee or agent of the permittee, which employees or agent has been notified orally in writing of the substance of the order.

C. Any such revocation or modification of any permit may be in addition to any penalties otherwise provided by law.

(Ord. 482 § 13, 1977)

Any person aggrieved by, dissatisfied with, or excepting to any action, denial, order, requirement, condition, permit, decision or determination made by the city manager in administering the provisions of this chapter may appeal by filing written notice, specifying the grounds of appeal and the relief sought, with the city clerk within ten days after notice of the action from which appealed. Upon any failure to file such written appeal within the time allowed, the action of the city manager shall be final and conclusive. A timely appeal shall be reviewed by the city manager and, unless an adjustment of the matter is made by the city manager satisfactory to the appellant, the appeal shall be expeditiously scheduled for hearing before the city council, which body at the conclusion of its consideration may affirm, reverse or modify the action appealed from and may take any action which might have been legally taken in the first instance by the city manager.

(Ord. 482 § 14, 1977)

In the event a renewal application is filed during the pendency of a proceeding to suspend or revoke the permit, such filing shall continue such permit in full force and effect until the making of the final order by the city manager terminating the proceedings. Failure of the city manager to revoke, suspend, limit or condition the permit shall have the effect of granting the renewal. The application for renewal shall become a part of the pending proceeding and be subject to all evidence which has been or is thereafter presented. No further notice to the applicant is required and the city manager is authorized to consider and take action upon such application in accordance with this chapter.

(Ord. 482 § 15, 1977)

In connection with any function vested by this chapter in the city manager, should the city manager in a particular case be disqualified to act, then the chief of police shall perform all functions and exercise all authority under this chapter otherwise vested in the city manager. Should both such officers simultaneously be so disqualified, then the city council shall designate another city officer to act in the particular case.

(Ord. 482 § 16, 1977)

Any permit issued pursuant to this chapter, during its term, shall be deemed in effect so as to validate bingo games thereunder (which would otherwise be unlawful under state law) only throughout periods of time during which the permittee and its personnel are fully complying with all permit conditions as referred to, and/or authorized in or by Sections 5.16.090 through 5.16.110. If any such permit conditions are being violated or not complied with, then the state laws regarding bingo games shall be deemed fully applicable to the permittee and its personnel managing, supervising or conducting the bingo games, to the same extent as if no permit had ever been issued; provided, however, that members of the public who are participating in the bingo games not as personnel of the permittee, which members of the public have no knowledge or reason to know of the aforesaid violations of or noncompliance with the permit conditions, shall be deemed to be participating in games for which a permit is in full force and effect, so long as a permit is conspicuously displayed upon the premises in accordance with subsection K of Section 5.16.100.

(Ord. 482 § 17, 1977)