Carpinteria Municipal Code Ch. 5.16 Bingo

Footnotes:

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For statutory provisions on bingo games for charity, see Penal Code § 326.5.

As used in this chapter, "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers and/or symbols on cards which conform to numbers and/or symbols selected at random.

(Ord. 237 § 1 (part), 1977: prior code § 4160 (b))

It is the intention of this chapter to comply to the fullest possible extent to Penal Code Section 326.5 of the state of California.

(Ord. 237 § 1 (part), 1977: prior code § 4160 (c))

The game of chance of bingo shall be permitted within the city of Carpinteria, subject to the obtaining of a license therefor, which shall contain and be governed by all of the terms, conditions and provisions set forth in this chapter.

(Ord. 237 § 1 (part), 1977: prior code § 4160 (a) (part))

The licensee shall apply for and obtain a license from the city manager, on a form to be provided by the city manager which shall show that the applicant is capable of and will comply with all of the terms, provisions, conditions and requirements of this chapter. Such license shall specify the time and location of such bingo game(s) to be conducted, and no bingo game can be conducted except at the time and location as specified in such application and license issued pursuant thereto.

(Ord. 237 § 1 (part), 1977: prior code § 4160 (e))

In issuing such a license, the city manager is authorized and directed to impose and collect a uniform license fee for each application, the amount of which shall be the actual cost of issuing such a license as set by resolution of the city council. The city manager shall refuse to issue such a license to any organization unless the applicant shows that such organization is able to comply with all of the terms, provisions, conditions and restrictions of this chapter.

(Ord. 343 § 3, 1983: Ord. 237 § 1 (part), 1977: prior code § 4160 (f))

A bingo game shall be conducted only by the organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the California Revenue and Taxation Code and by mobilehome park associations and senior citizens' organizations, and provided that the proceeds of such games are used only for charitable purposes.

(Ord. 237 § 1 (part), 1977: prior code § 4160 (a) (1))

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. 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. 237 § 1 (part), 1977: prior code § 4160 (a) (5))

In the event any person receives or pays a profit, wage or salary from any bingo game, the same constitutes a violation of Penal Code Section 326.5 and is punishable in accordance therewith.

(Ord. 247 § 11, 1978: Ord. 237 § 1 (part), 1977: prior code § 4160 (d))

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. 237 § 1 (part), 1977: prior code § 4160 (a) (6))

The organization authorized to conduct bingo games 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 herein shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

(Ord. 237 § 1 (part), 1977: prior code § 4160 (a) (3))

With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the California 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. 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 commingled 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 of the proceeds after the deduction for prizes, or five hundred dollars per month, whichever is less, may be used for rental of property, overhead and administrative expenses.

(Ord. 237 § 1 (part), 1977: prior code § 4160 (a) (7))

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

(Ord. 237 § 1 (part), 1977: prior code § 4160 (a) (9))

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

(Ord. 237 § l (part), 1977: prior code § 4160 (a) (4))

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

(Ord. 237 § 1 (part), 1977: prior code § 4160 (a) (2))

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. 237 § 1 (part), 1977: prior code § 4160 (a) (8))