Brawley Municipal Code Ch. 6A Bingo Games

Editor's note: Ordinance No. 682 designated this chapter as number 28, but in order to retain alphabetical arrangement of chapters in this code, it has been renumbered as Chapter 6A.

It is unlawful for any person to conduct any bingo game in the city unless such person is a member of a nonprofit, charitable organization which has been issued a license under the provisions of this chapter.

(Ord. No. 682, § 1.)

Organizations exempted from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code of the state and a contribution or gift to which would be a charitable contribution under Section 170(c) (2) of the Internal Revenue Code of 1954, are eligible to apply for a license to conduct bingo games in the city under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter.

(Ord. No. 682, § 1.)

As used in this chapter, "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.

(Ord. No. 682, § 1.)

An application to obtain a license to conduct bingo games in the city shall be filed in writing in the office of the director of finance on a form to be provided by the director of finance. The issuing authority shall be the director of finance. The license shall be for a term of one year from its date of issuance, subject to renewal and annual fee.

(Ord. No. 682, § 1.)

An application for a license shall contain the following information:

(1) The name and mailing address of the applicant organization and a statement that the applicant is an eligible organization under Section 6A.2;

(2) The names and addresses of the officers of the applicant;

(3) The specific 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, and on which property bingo games will be conducted, together with the occupancy capacity of such room, hall or portion of the premises in which bingo games are to be conducted;

(4) The days of the week and hours of day during which bingo games will be conducted;

(5) A statement that the applicant agrees to conduct bingo games in accordance with the provisions of Section 326.5 of the Penal Code and this chapter, as they may be amended from time to time, and that the license to conduct bingo games may be revoked by the director of finance for violation of any of such provisions;

(6) The application shall be signed on behalf of the applicant under penalty of perjury;

(7) The license fee as fixed by the city council from time to time by resolution shall accompany the application;

(8) The applicant shall submit with its application, a certificate or determination of the Franchise Tax Board of exemption of applicant under Section 23701(d) of the Revenue and Taxation Code.

(Ord. No. 682, § 1.)

Upon receipt of a properly completed application together with the license fee, the director of finance may refer the same to any office or department of the city for investigation as to the truth of the statements in the application and an inspection and examination of the premises to be used in the conduct of bingo games.

(Ord. No. 682, § 1.)

If it satisfactorily appears that the applicant is fully qualified, under the law, to conduct bingo games in the city, the director of finance shall issue a license to the applicant, which shall contain the following information:

(1) The name and nature of the organization to whom the license is issued;

(2) The address where bingo games are authorized to be conducted;

(3) The occupancy capacity of the room in which bingo games are to be conducted;

(4) The date of the expiration of such license;

(5) Such other information as may be necessary or convenient for the enforcement of the provisions of this chapter.

(Ord. No. 682, § 1.)

All bingo games are subject to the following limitations and conditions:

(1) Limit on Value of Prizes. The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held.

(2) Profits to be Kept in Separate Fund or Account. 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 records 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. Within thirty days after the close of each calendar month, the licensee shall file with the director of finance a complete financial statement for such month showing all moneys collected and disbursed and the amount available for charitable purposes. The city, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time and licensee shall fully cooperate with the city by making all such records available.

(3) Financial Interest in Licensee Only. No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game.

(4) Exclusive Operation By Licensee. 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 on any other phase of such game.

(5) Bingo Games Open to Public. All bingo games shall be open to the public, not just to the members of the licensee organization.

(6) Attendance Limited to Occupancy Capacity. 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.

(7) Bingo Games Conducted Only on Licensee's Property. A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such licensee organization for an office or for performance of the purpose 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, at the address stated in the application. In the event the described property ceases to be used as an office or as a place for performance of the purposes for which the licensee is organized, the license shall terminate. 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 purpose for which the organization is organized.

(8) Minors Not to Participate. No person under the age of eighteen years shall be allowed to participate in any bingo game.

(9) Hours of Operation. No licensee shall conduct bingo games for more than six hours out of any twenty-four-hour period. No bingo game shall be conducted before 10:00 A.M. nor after 2:00 A.M. of any day.

(10) Participant Must 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. No. 682, § 1.)

It is a misdemeanor under Section 326.5(b) of the Penal Code of the state 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. No. 682, § 1.)

Any peace officer of the city shall have free access to premises in which any bingo game licensed under this chapter is being operated.

(Ord. No. 682, § 1.)

A license issued under this chapter cannot be assigned or transferred to another holder, nor can the license be transferred to another location for the conduct of bingo games.

(Ord. No. 682, § 1.)

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 this chapter.

(Ord. No. 682, § 1.)

(a) Whenever it appears to the director of finance that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the director of finance shall have authority to suspend summarily the license and order the licensee immediately to 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) 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) 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 director of finance 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), for a hearing to determine whether such license shall be revoked, the director of finance shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the director of finance 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 the suspended licensee at the address given in the application. The notice shall set forth a summary of the ground or reason for 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 director of finance.

(Ord. No. 682, § 1.)

(a) The license may be revoked by the director of finance after hearing whenever it appears to the director of finance that the licensee is conducting bingo games in violation of any provision of this chapter, or that the license was obtained by fraudulent misrepresentation. The director of finance shall give five days' written notice of such revocation hearing to the licensee by depositing such notice in the United States mail addressed to the licensee at the address stated in the application for a license. Such notice shall set forth a summary of the grounds or reasons constituting the basis of such proposed revocation. The licensee may appear before the director of finance at the time fixed for the hearing and present evidence and argument why such license should not be revoked.

(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 director of finance.

(Ord. No. 682, § 1.)

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

(Ord. No. 682, § 1.)

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 portions of this chapter. The city council declares that it would have adopted this chapter and each section, subsection and portion thereof, irrespective of the fact that any one or more sections, subsections or portion be declared invalid or unconstitutional.

(Ord. No. 682, § 1.)