Camarillo Municipal Code Ch. 5.48 Bingo Games

Footnotes:

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Editor's note— Ord. No. 1051, § 2, adopted April 14, 2010, amended Ch. 5.48 in its entirety to read as herein set out. Former Ch. 5.48, §§ 5.48.010—5.48.220, pertained to similar subject matter, and derived from Ord. 802, § 1(part), adopted 1994; Ord. 861, § 5, adopted 1996; Ord. 950, § 4, adopted 2002; Ord. 991, § 7, adopted 2006.

As used in this chapter, "bingo" means 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 card in the player's possession that conforms to numbers or symbols selected at random and announced by a live caller. The game of bingo also includes cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. The winning cards may not be known prior to the game by any person participating in the playing or operation of the bingo game. Only a covered or marked card possessed by a player and presented to an attendant may be used to claim a prize.

(Ord. No. 1051, § 2, 4-14-2010)

The following organizations are eligible to apply to the city for a license to conduct bingo games in the city under provisions of this chapter and Penal Code section 326.5, provided that the proceeds or profits of such games, as applicable, are used only for charitable purposes:

A. Organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701w, or 23701l of the Revenue and Taxation Code;

B. Mobilehome park associations;

C. Senior citizen organizations; and

D. Charitable organizations affiliated with a school district.

(Ord. No. 1051, § 2, 4-14-2010)

A. Eligible organizations desiring to obtain a bingo license must file an application in writing with the City Clerk's Office. The application must, at minimum, contain the following:

1. The name of the applicant organization and a statement that applicant is an eligible organization under Section 5.48.020;

2. The name and signature of at least two officers of the applicant organization;

3. The particular property within the city including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property all bingo games will be conducted, together with the occupancy capacity of such place;

4. Proposed days of week and hours of day for the conduct of bingo games;

5. A description of the type of bingo games to be conducted;

6. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Penal Code section 326.5 and this chapter as it may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the city upon violation of any of such provisions.

B. The application must be signed by the applicant under penalty of perjury.

C. The following items must be submitted with the application:

1. The license fee.

2. A diagram of the room to be used to conduct bingo showing the layout of tables and all exits.

3. If applicable, a certificate or determination of exemption or other proof of the organization's exemption under the Revenue Code sections referred to in Section 5.48.020.A.

(Ord. No. 1051, § 2, 4-14-2010)

Upon being satisfied that the applicant is eligible to conduct bingo games in the city, the city manager may issue a license to the applicant that, at minimum, contains the following information:

A. The name and nature of the organization issued the license.

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, which will be:

1. For eligible organizations under Subsections A and D of Section 5.48.020, one year from the date of issuance.

2. For eligible organizations under Subsections B and C of Section 5.48.020, three years from the date of issuance.

E. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Ord. No. 1051, § 2, 4-14-2010)

If an application for a license is denied, one-half of any license fee paid will be refunded to the organization.

(Ord. No. 1051, § 2, 4-14-2010)

A. If a licensee is conducting a bingo game in violation of any of the provisions of this chapter or Penal Code section 326.5, the license may be revoked in manner provided in Section 5.08.050 of this code.

B. Any organization whose license is revoked under this section may not conduct any bingo game in the city until such time as the determination to revoke the license is overruled on appeal.

(Ord. No. 1051, § 2, 4-14-2010)

Any person aggrieved by a decision to deny, revoke or refuse to renew a bingo license may appeal such decision in the manner provided by Section 5.08.060 of this code.

(Ord. No. 1051, § 2, 4-14-2010)

Any organization whose license is revoked may not reapply for a license to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under the appropriate Revenue and Taxation Code section set forth in Section 5.48.020.A, such organization may again apply for a license upon proof of reinstatement of the exemption.

(Ord. No. 1051, § 2, 4-14-2010)

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

(Ord. No. 1051, § 2, 4-14-2010)

All profits or proceeds derived from a bingo game must be kept and used in the manner prescribed by Penal Code section 326.5. The licensee must keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games that are authorized by this chapter. The city, by and through its authorized officers or agents, has the right to examine and audit such record at any reasonable time and the licensee must fully cooperate with the city in making such record available.

(Ord. No. 1051, § 2, 4-14-2010)

No individual, corporation, partnership or other legal entity except the licensee may hold a financial interest in the conduct of any bingo game.

(Ord. No. 1051, § 2, 4-14-2010)

A bingo game must be operated and staffed only by members of the licensee organization. Such members may not receive a profit, wage or salary from any bingo game. The licensee may, however, employ security personnel to provide security services at bingo games and pay for such personnel from game proceeds. Only the licensee may operate a bingo game and participate in the promotion, supervision or any other phase of such game.

(Ord. No. 1051, § 2, 4-14-2010)

All bingo games must be open to the public, not just to the members of the licensee organization.

(Ord. No. 1051, § 2, 4-14-2010)

Notwithstanding that bingo games are open to the public, attendance at any bingo game is 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. A licensee may not reserve seats or space for any person.

(Ord. No. 1051, § 2, 4-14-2010)

A licensee may 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 such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this chapter authorizes the licensee to conduct bingo games only on such property, the address of which is stated in the application. The license must be prominently displayed on the property where the bingo games are conducted and must be presented immediately upon demand by a law enforcement officer or other authorized agent of the city. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license will automatically terminate and 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. Nothing in this section will be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

(Ord. No. 1051, § 2, 4-14-2010)

No person under the age of eighteen years may be allowed to participate in any bingo game.

(Ord. No. 1051, § 2, 4-14-2010)

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

(Ord. No. 1051, § 2, 4-14-2010)

No licensee may conduct any bingo games more than six hours out of any twenty-four-hour period. In addition, no bingo game may be conducted before ten a.m. nor after two a.m. of any day.

(Ord. No. 1051, § 2, 4-14-2010)

No person may 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. No. 1051, § 2, 4-14-2010)

Except for security personnel as provided in Section 5.48.120, it is a misdemeanor under Penal Code section 326.5(b) for any person to receive a profit, wage or salary from any bingo game authorized under this chapter. Such a violation is punishable by a fine not to exceed ten thousand dollars, which fine, upon payment, will be deposited in the general fund of the city.

(Ord. No. 1051, § 2, 4-14-2010)

The city may bring an action to enjoin any violation of Penal Code section 326.5 or of this chapter.

(Ord. No. 1051, § 2, 4-14-2010)

The provisions of Chapter 10.38 of this code do not apply to any activities conducted pursuant to the provisions of this chapter.

(Ord. No. 1051, § 2, 4-14-2010)