California City Municipal Code Art. 3 Bingo Games

No person shall conduct a bingo game without a permit from the City.

The following words are defined for the purposes of this Article:

(a) "Bingo Game" means such a game as is defined in the California Penal Code.

(b) "Charitable Organization" means such an organization as is defined in the California Penal Code.

A person who proposes to conduct a bingo game within the City must provide the City Clerk with the following information authenticated by verification:

(1) Date of application;

(2) Name of applicant;

(3) Legal capacity of applicant, e.g., corporation, partnership, individual;

(4) Mailing address of applicant;

(5) Proposed location of bingo game.

(6) Description of the building where the bingo game is to be conducted, including dimensions and type of construction.

(7) Statement the building conforms to applicable laws;

(8) Statement the applicant understands the application shall be considered by the City Council only after full investigation and a report thereon has been made by designated City officials;

(9) Statement no intoxicating liquors or beverages will be sold, given away, dispensed or consumed in the area designated for bingo games;

(10) Statement the permittee will conform to State and City laws;

(11) Statement the applicant has read and understands this Article;

(12) Financial statement indicating the operators are capable of meeting the financial requirements of this Article.

The Chief of Police, or designee, shall conduct an investigation of the character and integrity of each applicant within thirty (30) days from the date of the application and submitted to the Council at the next regular meeting date subsequent to the conclusion of the investigation.

(a) The City Council may deny the application for a bingo permit if:

(1) The investigation report indicates the applicant does not possess a reputation for good character and integrity;

(2) The financial statement indicates the applicant will be unable to meet the financial obligation imposed by the City; or

(3) For other cause.

(b) If application is denied, the applicant shall be provided with a written statement detailing the reasons for the Council's determination and the applicant shall be given an opportunity to present rebuttal evidence to the Council in writing within twenty (20) days from the date of notification of the Council's action.

Each permit shall include the following terms and conditions:

(a) No person who has been convicted of a felony or crime of moral turpitude may participate in the operation of a bingo game.

(b) The bingo games shall be conducted in a building which complies with laws.

(c) The operator of the bingo games shall comply with the Penal Code.

(d) Bingo games may be conducted only between the hours of 12:00 noon and 12:00 midnight and not more than three (3) days per week. No bingo session shall exceed six (6) continuous hours and not more than one (1) bingo session shall be permitted in any one day by any one permittee. The permittee may not conduct additional bingo sessions at locations where three (3) sessions have been authorized by the City to be conducted during that week. For the purposes of this subsection, a week begins on Sunday.

(e) No person shall serve or consume alcoholic beverages within the rooms where bingo is being played.

(f) No persons under the age of thirteen (13) shall operate or participate in a bingo game.

(g) Bingo permit, rules and regulations and the permittee's rules of bingo operation shall be conspicuously posted at the public entrance to the room where bingo is played. Posted rules shall be readable, legible and accessible to participants.

(h) A member of the permittee's organization shall be designated as a bingo manager. The bingo manager shall be responsible for the conduct and operation of the bingo games and for compliance with all applicable laws, rules and regulations promulgated thereunder. The bingo manager shall be present during the playing of bingo games.

(i) The total value of prizes awarded for any one bingo game shall not exceed the limit set forth in California Penal Code 326.5, as it may be amended from time to time. Prior to the commencement of each game the prize shall be announced and a facsimile of the type of game to be played shall be clearly displayed to all participants. All prizes shall be awarded immediately following each bingo game.

(j) Games shall be completed during each session.

(k) Bingo numbers shall be announced and displayed in full view of players. An adequate public address system shall be used for this purpose.

(l) Each card shall have an equal opportunity to win each game.

(m) Advertising or publicity for bingo shall include reference to the valid bingo license permit number issued by the City.

(n) At least two (2) members of the permittee's organization shall jointly count bingo proceeds. Such proceeds shall be deposited into a special bingo account on the next banking day and shall not be commingled with other monies. The monies deposited in the special account may be transferred to another account or fund of the permittee's organization or to another account or fund of other organization or entity associated or affiliated with the permittee's organization for the purpose of implementing charitable expenditures of bingo proceeds, provided:

(1) No monies from sources other than bingo proceeds are placed in such fund;

(2) The purpose of such fund is clearly designated as a part of the title or subtitle of the fund and in the books and records of the organization;

(3) Expenditures shall be for the purposes permitted by the Penal Code;

(4) Disbursements from the special fund shall be by consecutively numbered checks signed by two (2) authorized officers of the permittee and shall be payable to a specific individual or organization. There shall be written on each check the nature of the expenditure for which the check is drawn. No check shall be drawn to "cash" other than for the payment of incidental bingo expenses. Such checks shall be marked "for deposit to the petty cash fund." Such petty cash fund shall not at any time contain more than $25.00 and a receipt shall be obtained for each disbursement indicating the amount disbursed, the individual or organization receiving the cash disbursement is made.

(o) No person shall play a bingo game on credit.

(p) Bingo financial records including books and records of the permittee and organizations or entities associated with or affiliated with the permittee for the purpose of disbursing charitable expenditures of bingo proceeds shall be available for inspection by the Chief of Police, or designee.

( Ord. No. 15-728, § 1, 1-20-2015 )

(a) The following shall be cause for revocation of a bingo permit:

(1) Determination the application for the permit contained untrue statements;

(2) Violation of any federal, state, or local law;

(3) Failure to pay all fees in a timely manner;

(4) Violation of any permit condition;

(b) When a permit is revoked pursuant to this Article, the permittee may file a written appeal and a request a hearing before the City Council.

Permits issued shall expire on midnight one year from the date of issuance. The owner of unrevoked permit may apply to renew permit for an additional one-year term. Applications for renewal of permits shall contain the information which is required for the issuance of a permit in the first instance.

Permits may not be transferred to a new location unless application for a new permit is made and the application is approved in accordance with this Article. A change in the items listed in the application shall be promptly reported to the City Clerk and Chief of Police in writing. Each change in the person described in the application shall be considered a license modification for which a fee from time-to-time established by the Council by resolution shall be paid to cover the cost of investigating the new person or persons and for the issuance of a modified permit.