Brisbane Municipal Code Ch. 5.32 Bingo Games

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. 233 § 1-1, 1977).

No individual, corporation, partnership or other legal entity shall be authorized to conduct a bingo game without first obtaining a license to do so from the city manager.

(Ord. 233 § 1-18, 1977).

No license shall be issued by the city to any organization unless applicant is an eligible organization under Section 5.32.200 and unless its application conforms to the requirements, terms and conditions of this chapter.

(Ord. 233 § 1-19, 1977).

Written application for a license required by this chapter shall be made under penalty of perjury and filed with the finance director on a form to be provided by the finance director.

(Ord. 233 § 1-20, 1977).

The application for a license, referred to in Section 5.32.040, shall contain the following:

A. Name of organization; names, signatures, addresses and titles of all the officers of the organization;

B. Statement by applicant that applicant is an eligible organization under the provisions of Section 5.32.200; C. Days and hours of operation of bingo games;

D. Copy of certificate or letter from the Exemption Division of the Franchise Tax Board evidencing exempt status under Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g or 23701 1 of the Revenue and Taxation Code, if so exempt;

E. Address of premises where bingo games will be conducted within the city;

F. Statement of ownership or lease of premises;

G. Purposes for which such premises are used by the organization;

H. Statement of occupancy capacity of such premises for bingo games;

I. Statement of ownership of bingo equipment used in-the operation of bingo games;

J. Statement of consent for the city manager or finance director or their authorized representatives to inspect any bank accounts containing profits derived from bingo games;

K. Names of individual, corporation, partnership or other legal entity which has a financial interest in the conduct of the bingo games;

L. Name of person responsible for the operation of the bingo games, and the name of each member of the staff of the organization assisting in the operation of bingo games;

M. Statement of whether the total value of prizes awarded for any separate game will on any occasion exceed five dollars ($5.00) in cash or kind, or both;

N. Such further information as may be required by the city manager or finance director to effectuate the purpose of this chapter;

O. Statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and with the provisions of 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 manager upon violation of any of such provisions;

P. The annual license fee fixed by the city council, by resolution, shall accompany the application. If an application for a license is denied, one-half (½) of any license fee paid shall be refunded to the organization.

(Ord. 233 § 1-21, 1977).

A. In connection with any bingo license applied for, or issued, the city manager or finance director or their authorized representatives shall have the authority to inspect the premises in order to ensure that the operation of bingo games at the premises does not constitute a violation of any state or federal law or provision of this chapter.

B. In connection with any bingo license applied for, or issued, the city manager or finance director or their authorized representatives may inspect the records and special bank accounts containing profits derived from bingo games of any organization conducting bingo games whenever deemed reasonable and appropriate to ensure compliance with the provisions of this chapter.

(Ord. 233 § 1-22, 1977).

While acting on behalf of the city, the city manager or finance director or one of their authorized representatives shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for purposes of determining those who have been convicted within the past five (5) years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude, and to present such information at any bingo license hearing or proceeding.

(Ord. 233 § 1-23, 1977).

Upon receipt of the completed application and the required license fee, the finance director shall submit any application to other departments or governmental agencies for investigation and recommendation, including but not limited to the city manager, the city attorney, police 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 upon which bingo games may lawfully be conducted, as to fire, occupancy and other applicable restrictions.

(Ord. 233 § 1-24, 1977).

A. The city manager or his authorized representative shall set the time, not less than five (5) days nor more than thirty (30) days following filing of an application, and place for a public hearing on each application for a bingo license, and shall mail notice thereof to the applicant and to any other person who has filed a written request for such notice.

B. Each applicant shall have the opportunity to review all records, papers, files and any other evidence relating to the application for a bingo license, except criminal information, at least five (5) days prior to the time set for public hearing on such application.

(Ord. 233 § 1-25, 1977).

At the time and place set for a public hearing on the application for a bingo license, the city manager, or his authorized representative, shall consider the records, papers, files and any other evidence deemed relevant. Decision of the city manager, or his authorized representative, either granting or denying the license, shall be mailed to the applicant and to any other person who has filed a written request for such notice within ten (10) days following the close of the hearing.

(Ord. 233 § 1-26, 1977).

A. The city manager, or his authorized representative, may refuse to issue a license if it is determined that the operation of a bingo game would be injurious to the health, safety and morals of the people of the city; that the apparent mode of operation of the bingo game would not be in compliance with state or federal law, or California Penal Code Section 326.5, or with this chapter; that the apparent mode of operation of the bingo game would constitute a fire, health or sanitary hazard, or would hot be in compliance with building or zoning regulations, requirements and ordinances; that any person to be operating or assisting in the operation of a bingo game has been convicted within the past five (5) years of a crime involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude; that there has been a wilful misstatement of fact in an application or report filed under this chapter, or a negligent failure to file any report required under this chapter; or that there has been any other violation of any provision of this chapter.

B. If the license is approved, the city manager, or his authorized representative, may include restrictions and conditions in the license deemed reasonable and necessary under the circumstances, such as limiting days of operation to ensure compliance with the purposes and intents of this chapter.

(Ord. 233 § 1-27, 1977).

Upon being satisfied that the applicant is fully qualified, under the laws of the state and this chapter, to conduct bingo games in the city, the city manager shall issue a license to the 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. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Ord. 233 § 1-28, 1977).

Any changes as to staff operating or assisting in the operation of a bingo game, and any other changes in the information furnished in the application subsequent to its filing, shall be reported promptly to the city manager or finance director for any further investigation deemed necessary and appropriate.

(Ord. 233 § 1-29, 1977).

A. Whenever it appears to the city manager that the licensee is Conducting a bingo game in violation of any of the provisions of this chapter, the city manager, or his authorized representative, 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. The order issued under subsection A of this section shall also notify the licensee that it shall have five (5) days from the date of such order to request a hearing before the city manager, or his authorized representative, to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the city manager, or his authorized representative, within the five (5) day period, shall result in a revocation of the license.

C. Upon such request by the licensee, whose license has been suspended under subsection A of this section, for a hearing before the city manager, or his authorized representative, to determine whether such license shall be revoked, the city manager, or his authorized representative, shall provide such hearing within ten (10) days after receipt of such written request, at which hearing the suspended licensee may appear before the city manager, or his authorized representative, for the purpose of presenting evidence as to 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 has first been given at least five (5) 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 grounds advanced as the basis of the suspension and revocation.

D. 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, in appeal, determines to overrule the decision of the city manager or his authorized representative.

(Ord. 233 § 1-30, 1977).

A. Whenever it appears to the city manager 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 5.32,140, the license may be revoked; provided, however, the licensee may appear before the city manager, or his authorized representative, at the time fixed by the city manager, or his authorized representative, for the purpose of presenting evidence as to why the license should not be revoked. No license shall be revoked under this section unless written notice has first been given at least five (5) days before the hearing thereon by depositing in the United States mail a notice directed to the 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.

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 manager or his authorized representative.

(Ord. 233 § 1-31, 1977).

A. At any time within ten (10) days after mailing of notice by the city manager, or his authorized representative, of the denial or conditional issuance of a bingo license, or of a suspension or revocation thereof after a hearing before the city manager, or his authorized representative, the applicant or license holder may appeal the decision to the city council. Such shall be done by filing written notice of appeal with the city council. Such appeal shall set forth the specific ground or grounds on which it is based. The perfecting of such appeal shall not suspend the denial, conditional issuance, suspension or revocation of a bingo license.

B. The city council shall hold a hearing on the appeal within thirty (30) days after its receipt by the city council, or at a time thereafter agreed upon, and shall cause the appellant to be given at least ten (10) 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 city council shall make its order affirming or overruling the decision of the city manager, or his authorized representative, within ten (10) days following the close of the city council hearing. The determination of the city council on the appeal shall be final.

C. 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 (1) year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701 1 of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of the exemption.

(Ord. 233 § 1-32, 1977).

General licenses are granted for one (1) year terms; each term is renewable annually and subject to the annual license fee fixed by the city council by resolution. Written application for renewal of a general license shall be made to the city manager, or his authorized representative, at least one (1) month prior to its expiration date. A special license is granted only for a one (1) day term for each bingo game; the special license shall not be renewable.

(Ord. 233 § 1-33, 1977).

Within thirty (30) days following expiration of the period of the license, each licensee shall file a report made under penalty of perjury with the city manager, or his authorized representative, containing the following information:

A. Any changes in or additions to the information required in the application;

B. The total amount of money received from the operation of the bingo games in the previous fiscal year;

C. The total amount paid out in prizes;

D. Detailed costs to the organization for the operation of the bingo games.

The filing of this report shall not serve as a written application for a renewal of a general license.

(Ord. 233 § 1-34, 1977).

Licenses granted under this chapter shall not be transferable, either as to licensee or location. Any attempt to transfer shall render the license in question invalid. In the event the property described in the license 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 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. 233 § 1-35, 1977).

No individual, corporation, partnership or other legal entity shall be permitted to conduct a bingo game or be eligible to apply to the city for a license to conduct a bingo game, except organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701 1 of the Revenue and Taxation Code, and by mobile home park associations and senior citizens organizations; and provided that the proceeds of such games are used only for charitable purposes.

(Ord. 233 § 1-2, 1977).

No person shall receive or pay a profit, wage or salary from any bingo game authorized in this chapter.

(Ord. 233 § 1-3, 1977).

No person under eighteen (18) years of age shall be allowed to participate in any bingo game.

(Ord. 233 §§ 1-4, 1977).

An organization shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

(Ord. 233 § 1-5, 1977).

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

(Ord. 233 § 1-6, 1977).

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. The authorized organization shall not reserve seats or space for any person.

(Ord. 233 § 1-7, 1977).

A bingo game shall be operated and staffed only by members of the authorized organization which organized the bingo game. 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.

(Ord. 233 § 1-8, 1977).

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

(Ord. 233 § 1-9, 1977).

With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be com-mingled with any other fund or account. Such profits shall be used only for charitable purposes. With respect to other organizations 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 com-mingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows:

A. Such proceeds may be used for prizes.

B. A portion of such proceeds, not to exceed ten percent (10%) of the proceeds after the deduction for prizes, or five hundred dollars ($500.00) per month, whichever is less, may be used for rental of property, overhead and administrative expenses.

(Ord. 233 § 1-10, 1977).

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. 233 § 1-11, 1977).

No person who is obviously intoxicated shall be allowed to participate in a bingo game.

(Ord. 233 § 1-12, 1977).

The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

(Ord. 233 § 1-13, 1977).

One authorized to conduct bingo games shall not conduct any bingo games more than six (6) hours out of any twenty-four (24) hour period. No bingo game shall be conducted before ten (10:00) a.m., nor after eleven (11:00) p.m., of any day.

(Ord. 233 § 1-14, 1977).

All equipment used in the operation of bingo games shall be owned by the organization authorized to conduct such bingo games.

(Ord. 233 § 1-15, 1977).

Each organization authorized to conduct a bingo game shall maintain detailed records of all income, profits, expenditures, prizes and other expenses associated with the operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this chapter. The records shall be retained for such period of time as required by state and federal law and for a period of three (3) years for purposes of this chapter.

(Ord. 233 § 1-16, 1977).

By and through the city manager or the finance director, or an authorized representative of one of the before named, the city shall have the right to examine and audit such records, as required to be kept by Section 5.32,340, at any reasonable time, and the organization authorized to conduct bingo games shall fully cooperate with the city by making such records readily available.

(Ord. 233 § 1-17, 1977).

The provisions of this chapter are not intended to conflict with, but shall supplement, all laws of the state relating to lotteries, gaming or gambling, except that bingo as defined in Section 5.32.010 applies exclusively to this chapter and shall not be applied in the construction or enforcement of any other provision of law.

(Ord. 233 § 1-39, 1977).

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. 233 § 1-37, 1977).

A. Any person who violates Sections 5.32.020, 5.32.030, 5.32.180, 5.32.210, 5.32.220 5.32.230, 5.32.240, 5.32.250, 5.32.260, 5.32.270, 5.32.280, 5.32.290, 5.32.300, 5.32.310, 5.32.320, 5.32.330, 5.32.340 or 5.32.350 shall be guilty of a misdemeanor, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.

B. A violation of Section 5.32.210 shall be punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the city.

C. Any person who continues to conduct a bingo game after the imposition of any summary suspension, as provided for under subsection A of Section 5.32.140, shall be guilty of a misdemeanor, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.

(Ord. 233 § 1-36, 1977).

(Ord. No. 554, § 6, 1-18-11)