Calistoga Municipal Code Ch. 5.08 Bingo

Pursuant to the authority granted by Section 19 of Article IV of the California Constitution and California Penal Code Sections 326.3 through 326.5, this chapter authorizes bingo games played for money or prizes to be played or conducted within the City, consistent with the provisions set forth in this chapter. The provisions of this article shall be interpreted to be consistent with California Penal Code Sections 326.3 through 326.5. To the extent there are any inconsistencies, California Penal Code Sections 326.3 through 326.5 shall prevail.

(Ord. 772 § 2 (Exh. A), 2024)

As used in this chapter, "bingo" shall mean 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.

(Ord. 772 § 2 (Exh. A), 2024)

Bingo may be played or conducted only by organizations exempted from the payment of the bank and corporation tax by California Revenue and Taxation Code Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l and by mobile home park associations and senior citizens organizations, and charitable organizations affiliated with a school district; and if the receipts of those games are used only for charitable purposes and for the purposes specified in this chapter.

(Ord. 772 § 2 (Exh. A), 2024)

No minors shall be allowed to participate in any bingo game.

(Ord. 772 § 2 (Exh. A), 2024)

A. An organization licensed to conduct bingo games shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by that organization for an office or for performance of the purposes for which the organization is organized.

B. 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. 772 § 2 (Exh. A), 2024)

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

(Ord. 772 § 2 (Exh. A), 2024)

A. A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo game.

B. 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. 772 § 2 (Exh. A), 2024)

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. 772 § 2 (Exh. A), 2024)

A. 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. With respect to organizations exempt from payment of the bank and corporation tax by California Revenue and Taxation Code Section 23701d, such profits shall be used only for charitable purposes.

B. With respect to all other organizations authorized to conduct bingo games pursuant to this chapter proceeds may also be used as follows:

1. For prizes;

2. A portion of the proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes or $2,000 per month, whichever is less, may be used for rental of property, overhead and administrative expenses.

(Ord. 772 § 2 (Exh. A), 2024)

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. 772 § 2 (Exh. A), 2024)

The total value of prizes awarded during the conduct of any bingo games shall not exceed $500.00 in cash or kind, or both, for each separate game which is held.

(Ord. 772 § 2 (Exh. A), 2024)

A. A license from the City is required to conduct a bingo game within the City. No person shall conduct a bingo game within the City without a license from the City.

B. The application for a license shall be in a form prescribed by the City and shall be accompanied by a $50.00 nonrefundable license fee for either the initial license or any renewal. The fee shall be submitted with the application for the license to conduct bingo games. If the application for a license is denied, one-half of the license fee shall be refunded to the applicant.

(Ord. 772 § 2 (Exh. A), 2024)

The City Clerk is authorized to audit the records of any organization to verify compliance with this code.

(Ord. 772 § 2 (Exh. A), 2024)