Brea Municipal Code Ch. 5.204 Bingo Games

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Bingo."

A game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player's possession and that conform to numbers or symbols, selected at random and announced by a live caller. Notwithstanding Cal. Penal Code § 330(c), as used in this section, the game of bingo includes tangible cards having numbers or symbols that are concealed and pre-printed in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All pre-printed cards shall bear the legend, 'for sale or use only in a bingo game authorized under California law and pursuant to local ordinance.' Only a covered or marked tangible card possessed by a player and presented to an attendant may be used to claim a prize.

"Bingo game."

Any one (1) game occurring as a portion of all bingo activities during a given day during which bingo is permitted to be conducted by a licensed organization pursuant to the provisions of this chapter.

"Remote caller bingo game."

A game of bingo, as defined in this chapter, in which the numbers or symbols on randomly drawn plastic balls are announced by a natural person present at the site at which the live game is conducted, and the organization conducting the bingo game uses audio and video technology to link any of its in-state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased, or rented by that organization, or as conducted by multiple organizations in accordance with Cal. Penal Code § 326.3(o). The audio or video technology used to link the facilities may include cable, internet, satellite, broadband, telephone technology, or any other means of electronic transmission that ensures the secure, accurate, and simultaneous transmission of the announcement of numbers or symbols in the game from the location at which the game is called by a natural person to the remote location or locations at which players may participate in the game. The drawing of each ball bearing a number or symbol by the natural person calling the game shall be visible to all players as the ball is drawn, including through a simultaneous live video feed at remote locations at which players may participate in the game.

(1961 Code, § 18B.1; Ord. 601; Ord. 644; Ord. 692; Ord. 1156, 8-16-2011)

A bingo game may be conducted within the city for the benefit of, and only by, an organization exempted from the payment of taxes imposed under the Corporation Tax Law by Cal. Rev. & Tax. Code, §§ 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), 23701(k), 23701(l), or 23701(w), and by mobile home park associations, senior citizens' organizations, and charitable organizations associated with a school district, provided the receipts are used only for charitable purposes, the principle purpose of the organization is not to conduct bingo, and all bingo games are conducted strictly in accordance with the provisions of this chapter.

(1961 Code, § 18B.2; Ord. 601; Ord. 644; Ord. 778; Ord. 1156, 8-16-2011)

No minor shall be allowed to participate in any bingo game which is conducted pursuant to this chapter. For the purposes of this chapter, a minor is a person under 18 years of age.

(1961 Code, § 18B.3; Ord. 601)

An organization conducting a bingo game pursuant to this chapter may conduct such game only on property owned or leased by it, which property is used by it for an office or for the performance of purposes for which the organization is organized.

(1961 Code, § 18B.4; Ord. 601)

No person may serve, sell or consume any alcoholic beverage during the conduct of a bingo game, pursuant to this chapter, on the property upon which such game is being conducted.

(1961 Code, § 18B.5; Ord. 601)

Any bingo game conducted pursuant to this chapter shall be open to the public and not restricted to the members of the organization conducting the game.

(1961 Code, § 18B.6; Ord. 601)

A. Any bingo game authorized to be conducted by this chapter shall be operated and staffed only by members of the organization which organized the game and no such member shall receive a profit, wage or salary from any such game.

B. Only the organization authorized to conduct the bingo game pursuant to this chapter shall operate such game or participate in the promotion, supervision or any other phase thereof.

C. No individual corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game pursuant to this chapter shall hold any financial interest in the conduct of such game.

D. Nothing in this section precludes the employment of security personnel who are not members of the authorized organization at any such bingo game by the organization conducting such bingo game.

(1961 Code, § 18B.7; Ord. 601; Ord. 778)

A. All profits from any bingo game conducted in accordance with the provisions of this chapter by an organization exempt from the payment of the bank and corporation tax by the Cal. Rev. & Tax. Code § 23701d, shall be kept in a special fund or account, shall not be commingled with any other fund or account and shall be used only for charitable purposes. With respect to any other organization 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. Such proceeds shall be used only for charitable purposes except that such proceeds may be used for prizes and a portion of such proceeds, not to exceed twenty percent (20%) of the proceeds before the deduction for prizes, or one thousand ($1,000) dollars per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, and administrative expenses, security equipment and security personnel.

B. All records related to the operation of any bingo game authorized pursuant to this chapter shall be maintained separately from any other books or records of the conducting organization.

(1961 Code, § 18B.8; Ord. 601; Ord. 644; Ord. 692; Ord. 778)

No person shall be allowed to or shall participate in a bingo game conducted pursuant to the provisions of this chapter unless that person is physically present at the time and place in which the bingo game is being conducted.

(1961 Code, § 18B.9; Ord. 601)

The total value of prizes awarded during the conduct of any bingo game authorized pursuant to the provisions of this chapter shall not exceed five hundred dollars ($500) in cash or kind, or both.

(1961 Code, § 18B.10; Ord. 601; Ord. 1156, 8-16-2011)

Any organization which desires to conduct a bingo game pursuant to the provisions of this chapter shall make application therefor with the Finance Director of the city, which application shall contain sufficient information for the Director or his or her designee to determine that such game will be conducted in accordance with the terms and provisions of this chapter and will otherwise comply with the ordinances, resolutions and regulations of the city. Such application shall include at least the following items of information:

A. The name of the applicant organization and a statement that the applicant organization is an eligible organization under § 5.204.020 of this code;

B. The name and signature of at least two (2) officers, including the presiding officer, of the applicant organization;

C. The particular property within the city, including the street number, owned or leased by the applicant organization on which property bingo games are proposed to be conducted, together with the occupancy capacity of the property;

D. The proposed day during a given calendar week during which the applicant desires to conduct bingo games;

E. A statement that the applicant organization agrees to conduct bingo games in strict accordance with the provisions of Cal. Penal Code, §§ 326.5 and 326.3 if remote caller bingo is to be conducted, and with all provisions of this chapter, and other ordinances, resolutions and regulations of the city;

F. Each application from an organization to conduct bingo shall be submitted with evidence satisfactory to the city's Administrative Services Director establishing that the applicant organization is an organization authorized to conduct bingo pursuant to § 5.204.020 of this chapter;

G. Each application shall include a filing fee in the amount of fifty dollars ($50) to, in part, reimburse the city for its costs incurred in reviewing and investigating facts set forth in the application and issuing a license for the conduct of bingo games. One-half of the fee shall be refunded if the application is denied. The applicant shall pay an additional monthly fee, or annual fee if preferred by the applicant, in such amount as established by resolution of the City Council, to reimburse, in part, the city's cost in providing law enforcements and related public safety services necessary to ensure the safe and lawful conduct of bingo games by the applicant.

H. Each application shall be signed by the representatives of the applicant under penalty of perjury;

I. Any change in any item of information required to be included in the application during the duration of any license issued under the provisions of this chapter shall be reported forthwith to the Finance Director.

(1961 Code, § 18B.11; Ord. 601; Ord. 644; Ord. 691; Ord. 1156, 8-16-2011)

Upon receipt of the completed application and the fee, the Finance Director shall refer such to interested departments of the city, including, but not limited to, the City Manager, the City Attorney, the Police Department and the Fire Department, or 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 upon which bingo games may lawfully be conducted as to fire, occupancy and other applicable restrictions.

(1961 Code, § 18B.12; Ord. 601)

If an application to conduct bingo games shows that the proposed bingo games will be conducted in accordance with each and every provision of this chapter and with other ordinances, resolutions and regulations of the city, a license shall be issued to the applicant organization. The license shall be effective for a designated calendar year and shall specify the dates upon which bingo activities may be conducted by the licensee during that calendar year; provided, that bingo activities may be permitted only on one (1) day during any calendar week during that calendar year. Any bingo activities permitted shall commence no earlier than 5:30 p.m. and shall be terminated no later than 11:00 p.m. Total value of prizes awarded during any one (1) day's activities shall not exceed five thousand ($5,000) in cash or kind or both.

(1961 Code, § 18B.13; Ord. 601; Ord. 644; Ord. 692; Ord. 788)

Each licensee shall permit representatives of the city access to any premises used in the conduct of the licensed bingo operation at all reasonable times, and to any records required to be maintained separately from other records of the organization, pursuant to the provisions of this chapter. The City Manager shall cause such inspections to occur as he or she deems necessary from time to time.

(1961 Code, § 18B.14; Ord. 601)

A. Notwithstanding any other provision of this Code, remote caller bingo games may be lawfully conducted and played in the city pursuant to the provisions of Cal. Penal Code §§ 326.3, 326.4 and 326.5, and this chapter, subject to the additional requirements and restrictions set forth in this section.

B. Only those organizations specified in § 5.204.020 of this chapter are eligible and authorized to apply for a license or license endorsement to conduct remote caller bingo games. It is unlawful to conduct any remote caller bingo game in the city without such license or license endorsement.

C. The following are license and operating requirements:

1. In order to conduct remote caller bingo games, any eligible organization may apply for a license, or license endorsement if such organization already possesses a current, valid license issued pursuant to § 5.204.130. Each applicant for a license or endorsement shall comply with and be subject to the licensing procedures set forth in this chapter provided, however, that the Administrative Services Director may require such additional information be provided as deemed necessary to ensure that the applicant complies with all requirements of Cal. Penal Code § 326.3.

Each license endorsement shall expire upon the expiration of the underlying license, and any license or license endorsement may be renewed pursuant to the procedures in § 5.240.110. Each remote caller bingo license or license endorsement issued pursuant to this chapter is subject to all applicable local, state and federal laws including the provisions contained in Cal. Penal Code §§ 326.3, 326.4, and 326.5, and each licensee shall comply with the requirements of those provisions.

2. Each organization issued a remote caller bingo license or license endorsement pursuant to this chapter ('licensee') shall comply with the following additional conditions:

a. Subject to § 5.204.040, remote caller bingo games may only be conducted on property owned or leased by, or donated for use by, the licensee.

b. The operation of all remote caller bingo games are subject to the provisions of this chapter, excluding § 5.204.090.

c. Every licensee shall provide the California Gambling Commission not less than thirty (30) days prior written notice of its intent to conduct remote caller bingo, which shall include all information described in Cal. Penal Code § 326.3(j)(4).

d. The licensee is responsible for ensuring that the provisions of this chapter and Cal. Penal Code §§ 326.3, 326.4, and 326.5 are complied with by the licensee and its officers, employees, volunteers and members, and any violation of any of said provisions by any of the foregoing shall be imputed to the licensee. In addition to criminal penalties imposed by law, substantial evidence of a violation of any provision of this chapter, any provision of the forgoing Cal. Penal Code sections, or of any other law involving illegal gambling, fraud or theft in connection with conducting or sponsoring a bingo game, shall constitute cause for the suspension and/or revocation of the licensee's license.

D. The provisions of this § 5.204.150 shall govern over any inconsistent provisions of any other section of this chapter.

(Ord. 1156, 8-16-2011)