Burbank Municipal Code Art. 12 Bingo GAMES1 (CA)

5-3-1201: AUTHORITY FOR ENACTMENT:

This article is enacted pursuant to the authority contained in Article IV, Section 19 of the Constitution of the State of California and Section 326.5 of the Penal Code of the State of California. [Added by Ord. No. 2661; formerly numbered Section 20-86; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1202: DEFINITIONS:

BINGO: 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 and announced by a caller.

CALENDAR WEEK: Monday through Sunday.

CALENDAR YEAR QUARTER: Every three (3) months of the calendar year.

DIRECTOR: The Community Development Director or their designee.

OPERATED AND STAFFED: Persons directly involved in the conduct of the game and shall include, but not be limited to, the calling of numbers, the distribution of cards, and the awarding of prizes.

PREMISES: The official street address as designated by the City of Burbank Public Works Department for real property owned, leased or donated to an organization authorized to conduct bingo games pursuant to this article.

PULL TAB: A card having numbers or symbols which are concealed and preprinted in a manner providing for the distribution of prizes.

PULL TAB DISPENSER: A device approved by the Director which dispenses pull tabs.

SECURITY PERSONNEL: Persons employed for the exclusive purpose of protecting persons and property at the bingo games. [Added by Ord. No. 2661; formerly numbered Section 20-87; Amended by Ord. No. 3313, eff. 10/10/92; 3154, 3058.]

5-3-1203: BINGO GAMES AUTHORIZED:

Nothing in this chapter shall prohibit the holding of any bingo games provided that said games are operated in compliance with the requirements of this article, conducted only by organizations exempted from payment of the Bank and Corporation Tax by Section 23701a, b, d, e, f, g or l of the Revenue and Taxation Code and provided that the proceeds of such games are used only for charitable purposes. “Pull tabs” as defined in Section 5-3-1202 of this article may be used at bingo games. The Bingo Manager shall place all pull tabs in a locked, secure area during the times that bingo games are not being played. [Added by Ord. No. 2661; formerly numbered Section 20-88; Amended by Ord. No. 3313, eff. 10/10/92, 3058.]

5-3-1204: PERMIT REQUIRED:

No organization authorized to conduct bingo games pursuant to Section 5-3-1203 of this article shall conduct said games unless such organization on whose behalf such games are conducted shall obtain a permit from the Director to do so. [Added by Ord. No. 2661; formerly numbered Section 20-89; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1205: APPLICATION FOR PERMIT:

Applications for such permit must be in writing on a form provided by the Director. Such application shall contain the following information:

A. The name and address of the organization;

B. The names, addresses and signatures of the persons to be directly engaged in the conduct of the bingo games;

C. The date and place where such bingo games will be conducted;

D. A statement setting forth the character and extent of the charitable work being done by such organization and where such work has been or will be done;

E. Evidence that such organization or any other organization benefiting from such bingo games is exempted from payment of the Bank and Corporation Tax by Sections 23701a, b, d, e, f, g or l of the Revenue and Taxation Code;

F. A statement setting forth the use to which the funds derived from such bingo games will be used;

G. A specific statement supported by reasons and, if available, figures, showing the need for the funds to be derived from such bingo games;

H. A statement that the signers have read and are familiar with the provisions of this article and will require all persons involved with such bingo games to read and be familiar with all provisions of this article prior to the holding of such bingo games;

I. Such other information as may be required by the Director. [Added by Ord. No. 2661; formerly numbered Section 20-90; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1206: PERMIT FEE:

Applicants for a permit hereunder shall pay the maximum fee as permitted by Penal Code Section 326.5(1)(2) as amended. In the event that Penal Code Section 326.5(1)(2) is repealed the fee shall be determined by the Council of the City of Burbank and shall be set forth in the Burbank Fee Resolution. [Added by Ord. No. 2661; formerly numbered Section 20-91; Amended by Ord. No. 3154, eff. 7/1/89; 3058.]

5-3-1207: DURATION OF PERMIT:

The permit issued pursuant to Section 5-3-1205 of this article shall expire one year after date of issuance or at such time as the permittee no longer meets the requirements of this article, whichever occurs first. [Added by Ord. No. 2661; formerly numbered Section 20-92; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1208: RESERVED:

[Repealed by Ord. No. 3154, eff. 7/1/89.]

5-3-1209: INVESTIGATION BY POLICE:

Upon the filing of the application for a permit to conduct a bingo game, the Director shall cause the application to be forwarded to the Chief of Police for study and investigation. The Chief of Police shall conduct an investigation of all persons listed on said application including, but not limited to, any arrests or convictions the persons may have. No person may be involved in conducting a bingo game who has been convicted of embezzlement, theft of money or property, fraud or gambling. If the Chief of Police finds that all the conditions required by this article exist, they shall forward the approved application to the Director who shall issue the permit. [Added by Ord. No. 2661; formerly numbered Section 20-94; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1210: CHANGE IN FACTS MUST BE REPORTED:

Any changes in facts about which information is provided on the application for a permit pursuant to Section 5-3-1205 of this article shall be immediately communicated to the City’s Police Department. [Added by Ord. No. 2661; formerly numbered Section 20-95; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1211: POSTING OF PERMIT AND RULES:

The bingo permit, rules and regulations provided by the Director, and the permittee’s rules of bingo operation shall at all times be posted conspicuously at the public entrance to the room in which bingo is played. The posted rules shall be readable, legible and accessible to all participants. [Added by Ord. No. 2661; formerly numbered Section 20-96; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1212: OPERATION AND STAFFING OF GAMES:

A. Bingo games shall be operated and staffed only by members of the organizations authorized to hold such games and whose names are listed on the application for permit. Persons who are not members of the organization authorized to hold such games may volunteer to assist the organization but shall not be involved in the direct conduct of such game. All persons who operate, staff, or volunteer to assist in the games may not participate in the playing of bingo games or pull tabs.

B. Pull tabs shall be placed in a central pull tab dispenser. The Bingo Manager shall be responsible for putting the pull tabs in the dispenser in a random fashion. Once the pull tabs are in the dispenser players may purchase them directly from the dispenser or from floor vendors who have obtained them from the dispenser. Only those persons who are playing bingo games may use pull tabs. The use of pull tabs during the playing of bingo games in any manner other than as described in this subsection is prohibited and shall result in the revocation of the bingo permit.

C. Only the organization authorized to conduct bingo games shall operate such games, or participate in the promotion, supervision, or other phase of such games.

D. This section does not preclude the employment of security personnel who are not members of the authorized organization at such bingo games by the organization conducting the game. Security personnel shall not be involved in the direct conduct of the game. [Added by Ord. No. 2661; formerly numbered Section 20-97; Amended by Ord. No. 3313, eff. 10/10/92; 3154, 3058.]

5-3-1213: BINGO MANAGER:

A member of the authorized organization whose name appears on the application for a permit shall be designated as the bingo manager. The bingo manager shall be responsible for the conduct and operation of the bingo games and for the compliance with all applicable laws, rules and regulations promulgated thereunder. [Added by Ord. No. 2661; formerly numbered Section 20-98; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1214: IDENTIFICATION BADGES:

All staff members of a bingo game shall wear on their outside clothing an identification insignia or badge, no less than two and one-half by three and one-half inches (2 1/2 x 3 1/2") in dimension, indicating the name of the organization and the name and title of the staff member. [Added by Ord. No. 2661; formerly numbered Section 20-99; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1215: BINGO GAMES, WHERE CONDUCTED:

Any bingo games authorized to be conducted under this article must be conducted only on property owned or leased by the organization authorized to hold such games, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized for a minimum of twenty (20) hours per week. Nothing in this section shall be construed to require that the property owned or leased by or whose use is donated to the organization be used or leased exclusively by or donated exclusively to such organization. [Added by Ord. No. 2661; formerly numbered Section 20-100; Amended by Ord. No. 3154, eff. 7/1/89; 3058.]

5-3-1216: GAMES MUST BE OPEN TO PUBLIC:

Bingo games shall be open to the public and not limited to the members of the organization authorized to hold such games. [Added by Ord. No. 2661; formerly numbered Section 20-101; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1217: HOURS AND DAYS OF OPERATION:

A. Except as provided in subsection B of this section, bingo games shall be conducted between noon and midnight for a maximum of six (6) hours per each twenty four (24) hour day and no more than one day per calendar week by any organization, nor more than two (2) days per calendar week on any premises.

B. The Director may, on approval by the Chief of Police, issue a permit to allow bingo games to be played over any consecutive three (3) day period, and said period may include days encompassing successive calendar weeks. Grant of such permit shall be limited to once per each calendar year quarter for any organization authorized to conduct bingo games pursuant to Section 5-3-1203 of this article. All requests for additional bingo days shall be made on a form provided by the Director, or their designee.

C. In no event may there be more than forty (40) games played per day nor more than three hundred fifty (350) persons in attendance during the operation of bingo games. The use of pull tabs at bingo games shall not count toward the number of bingo games played. [Added by Ord. No. 2661; formerly numbered Section 20-102; Amended by Ord. No. 3313, eff. 10/10/92; 3154; 3152; 3147, 3058.]

5-3-1218: MEMBERS OPERATING GAMES SHALL NOT RECEIVE A PROFIT, ETC.:

No person shall receive or pay a profit, wage or salary from any bingo game authorized by this article. This section does not preclude the employment of security personnel who are not members of the authorized organization at such bingo games by the organization conducting the game. [Added by Ord. No. 2661; formerly numbered Section 20-103; Amended by Ord. No. 3154, eff. 7/1/89; 3058.]

5-3-1219: PARTICIPANTS MUST BE PHYSICALLY PRESENT:

No person shall be allowed to participate in a bingo game, unless the person is physically present at the time and place where the bingo game is being conducted. [Added by Ord. No. 2661; formerly numbered Section 20-104; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1220: PLAYING ON CREDIT PROHIBITED:

No person shall be permitted to play any game of bingo on credit. [Added by Ord. No. 2661; formerly numbered Section 20-105; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1221: PARTICIPATION BY MINORS:

No minors shall be allowed to participate in any bingo games. [Added by Ord. No. 2661; formerly numbered Section 20-106; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1222: ALCOHOLIC BEVERAGES PROHIBITED:

No alcoholic beverage of any kind shall be served or consumed in the room where a bingo game is being conducted during or between the playing of the games or when pull tabs are being used. Pull tabs shall not be allowed in any room where alcoholic beverages are served or consumed. [Added by Ord. No. 2661; formerly numbered Section 20-107; Amended by Ord. No. 3313, eff. 10/10/92; 3058.]

5-3-1223: OUTSIDE FINANCIAL INTEREST PROHIBITED:

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 games. [Added by Ord. No. 2661; formerly numbered Section 20-108; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1224: PRIZE LIMIT:

The total value of prizes awarded during the conduct of any bingo games shall not exceed the amount allowed by CA Penal Code Section 326.5 (n), or as later amended, in cash or kind, or both, for each separate game which is held. As of July 2017 the amount is $500. [Added by Ord. No. 2661; formerly numbered Section 20-109; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 17-3,895, eff. 9/22/17.]

5-3-1225: PROCEEDS FROM GAMES MUST BE KEPT IN SEPARATE FUND:

A. 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 commingled with any other fund or account. Such profits shall be used only for charitable purposes.

B. With respect to other organizations authorized to conduct bingo games pursuant to this section, 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. The proceeds are the receipts of bingo games conducted by organizations not within subsection A of this section. Such proceeds shall be used only for charitable purposes, except as follows:

Such proceeds may be used for prizes.
A portion of such proceeds, not to exceed twenty percent (20%) of the proceeds before the deduction for prizes, or the amount set by CA Penal Code Section 326.5 (k) (2) (A), or as later amended, per month (as of July 2017 the amount is $2000), whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.
Such proceeds may be used to pay license fees. [Added by Ord. No. 2661; formerly numbered Section 20-110; Amended by Ord. No. 17-3,895, eff. 9/22/17; 3154; 3058.]

5-3-1226: INSPECTION OF PREMISES:

No person shall interfere with, prevent, or refuse to permit a duly authorized representative of the Director, Fire Department or any peace officer to make an examination or inspection of the premises of an applicant or permittee used for bingo games, whether or not the premises or any part thereof are being used at said time for the conduct or operation of such games.

Failure to allow the examination or inspection or interfere with same shall be grounds for revocation of the permit or denial of issuance of the permit. [Added by Ord. No. 2661; formerly numbered Section 20-111; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1227: CEASE AND DESIST ORDERS:

An authorized representative of the Director that observes the operation of a game, and determines that bingo played under a permit issued by the Division is not being played according to the laws of the State of California, City of Burbank Bingo Ordinance or any rule or regulation promulgated thereunder, may issue an order to immediately cease and desist such violation. If the representative of the Director observes that during the operation of bingo, pull tabs are not being used in the manner required by the City of Burbank Bingo Ordinance the representative may issue an order to immediately cease and desist such violation. Said order shall be served in writing upon the bingo manager in charge of the game at the time the violation is observed, and shall set forth the nature of the violation. Failure of the bingo manager to cease such violation upon receipt of the cease and desist order is a misdemeanor. [Added by Ord. No. 2661; formerly numbered Section 20-112; Amended by Ord. No. 3313, eff. 10/10/92; 3058.]

5-3-1228: AUDIT AND ACCOUNTING REQUIREMENTS:

A. Prior to the granting of a new permit, after the organization has previously obtained a permit to conduct bingo games pursuant to this article, the organization shall, at its own expense, cause an independent audit to be conducted and submit the findings of such audit to the Director showing complete compliance with this article. The audit shall follow the bingo audit guidelines established by the Financial Services Director or designee.

B. If the organization grosses less than ten thousand dollars ($10,000.00) per year net of prizes paid before expenses through its bingo operations, the formal audit may be waived at the option of the Director. If the audit is waived, the organization shall provide a financial report which has been reviewed by an independent public accountant, and which contains all of the disclosures required by the bingo audit guidelines. The Director may determine, at their option, if any report so submitted is acceptable as to expenses and income.

C. Any organization permitted to conduct bingo games pursuant to this article shall, as a condition of such permit, maintain complete and accurate records of income received and expenses disbursed in connection with the operation of the bingo games.

D. The Director may at any time demand, and retains the right to inspect and examine, a complete and detailed accounting of any organization’s income and expense records pursuant to subsection C of this section, in addition to any further data or information pertaining to the operation of bingo games. Such right to information and inspection may include, but is not limited to, an accounting of the organization’s gross and net receipts from the operation of said games over a designated period, an accounting of the number of players and number of games played over a designated period, an inspection of bingo cards, funds, equipment or any other records or documentation in connection with the operation of games over a designated period.

E. In the event an organization fails to render an accounting or provide information pursuant to the provisions of this section within sixty (60) days after requests for such information by the Director, such organization’s right to conduct bingo games pursuant to this article may be suspended by the Director until such accounting is rendered or information provided. [Added by Ord. No. 2661; formerly numbered Section 20-113; Amended by Ord. No. 17-3,895, eff. 9/22/17; 3154; 3058.]

5-3-1229: CIVIL REMEDIES AND CRIMINAL PENALTIES:

A. The City Attorney’s office may bring an action to enjoin a violation of this article.

B. A violation of Section 5-3-1218 of this article 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. A violation of any other section of this article, other than Section 5-3-1218, is a misdemeanor. [Added by Ord. No. 2661; formerly numbered Section 20-114; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-3-1230: SHORT TITLE:

This article may be cited as the CITY OF BURBANK BINGO ORDINANCE. [Added by Ord. No. 2661; formerly numbered Section 20-115; renumbered by Ord. No. 3058, eff. 2/21/87.]