Ceres Municipal Code Ch. 19 Bingo

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 tangible card in the player's possession and that conform to numbers or symbols, selected at random and announced by a live caller. The game of bingo shall include tangible cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes.

Bingo session means a single gathering at which a series of successive bingo games is played.

Member means an individual who is an officer or has membership in the nonprofit organization whether pursuant to its articles of incorporation, constitution, charter or other instrument of formation or association, its bylaws or other written instrument formally adopted pursuant thereto.

Remote caller bingo means a game of bingo, as defined in subdivision (o) of section 326.5 of the Penal Code, in which the numbers or symbols on randomly drawn plastic balls are announced by a natural person present at the site at which the live game is conducted, and the organization conducting the bingo game uses audio and video technology to link any of its in-state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased or rented by that organization, or as described in subdivision (c) of section 326.3 of the Penal Code.

(Ord. No. 2025-1090, § 1, 8-25-2025)

Bingo games are allowed pursuant to and as restricted by article IV, section 19(c) of the California Constitution, Penal Code section 326.5 (including future amendments thereto), and the provisions of this section.

(Ord. No. 2020-1057, § 1, 3-23-2020)

No charitable organization shall conduct a bingo game without a currently valid, unrevoked, unsuspended license as provided for by this section. No person shall promote, supervise, operate, conduct, or staff any bingo game, or participate in such activity, unless he is a member of a charitable organization which is lawfully licensed to do so and which has designated him to do so and he is designated in its license to do so.

(Ord. No. 2020-1057, § 1, 3-23-2020)

An organization licensed pursuant to this section shall not conduct or permit to be conducted a bingo game unless said license is posted in a conspicuous place during the conduct of any bingo game. The licensee shall produce and exhibit the same, when applying for renewal thereof, and whenever requested to do so by any peace officer or officer authorized to issue, or inspect licenses.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Each permitted bingo establishment is required to submit to the City once a year at the time of their license renewal proof of nonprofit status. This proof shall be in the form of financial statements certified by a licensed certified public accountant. The financial statements shall be submitted to the City 30 days prior to renewal of permit to operate.

B. Such permits may be issued only to charitable organizations as defined by Penal Code section 326.5(a).

(Ord. No. 2020-1057, § 1, 3-23-2020; Ord. No. 2025-1090, § 2, 8-25-2025)

The application for a license to conduct bingo shall be made to the Chief of Police on forms provided by his or her office. The application shall include the following information:

A. The name, address, date and place of birth, physical description, and driver's license number of every officer of the charitable organization;

B. The name, address, date and place of birth, physical description, and driver's license number of not more than 20 members to be authorized to operate bingo on behalf of the organization;

C. The date(s) and location(s) of the proposed bingo game(s);

D. Proof that the organization is a charitable organization as defined by Penal Code section 326.5(a);

E. The signatures of at least two officers, including the presiding officer of the organization;

F. A statement certified by the secretary of the organization that the applicant has received and has reviewed copies of this chapter, the authorized rules of play for bingo games, and Penal Code section 326.5, and has been advised that the license to conduct bingo games may be revoked by the Chief of Police upon violation of any of such provisions;

G. The location where all records, account books and ledgers pertaining to the operation of bingo games by the organization will be kept, the location of the bank account in which the bingo receipts will be placed, and an authorization for the City to inspect and audit the records, books and accounts; and

H. Such other information as the Chief of Police may require.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Each license shall be issued to a specific charitable organization authorizing not more than 20 named members to conduct a bingo game on its behalf at one or more named locations. This license is not transferable from organization to another, from one member to another, or from one location to another. The license is only a temporary and non-transferable permit to act within the provisions of this section and all other applicable laws and regulations, and always expires no later than one year from its date. It has no validity when it has been seized, suspended, or revoked by the Chief of Police. Any attempt to transfer, assign, pledge, mortgage, or hypothecate the license, or to attach or execute on it, immediately and permanently voids it.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The application for and acceptance of a license constitutes consent to the entry of any peace officer or code enforcement officer to investigate all locations identified in the application before the issuance of a license as well as during any games thereafter and consent to the Chief of Police or his agents reviewing or auditing the charitable organization's records relating to the conduct of bingo and to the special account required by Penal Code section 326.5(j), for the purpose of verifying compliance with the financial interest and special fund requirements of Penal Code section 326.5 and with this section and all other applicable laws and regulations.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Upon receipt of the completed application, the Chief of Police or his agents shall make an investigation to determine if all of the statements in the application are true and shall refer the application to the Director of Planning and Community Development, the Chief Building Official, the Health Officer and the Fire Chief to determine if the appropriate zoning regulations, building codes, health regulations and the provisions of the Uniform Fire Code have been or will be complied with. The Chief of Police or his agents may refuse to issue a permit based on section 5.02.040 and if any officer of the organization or any operator mentioned in 5.19.050:

A. Has a felony conviction;

B. Has a conviction for theft, fraud, gambling, crimes involving moral turpitude or bingo ordinance violations in this or any other city or county;

C. Is under current investigation for a criminal offense set forth in subsections A and B of this section by any law enforcement agency.

(Ord. No. 2020-1057, § 1, 3-23-2020; Ord. No. 2025-1090, § 3, 8-25-2025)

Each bingo organization shall submit a new bingo application as defined in section 5.19.050 15 business days prior to the expiration on their current permit. The organization shall also submit a renewal fee of $50.00 to the City of Ceres. The fee will cover the costs of reviewing the application, financial statements, inspection, and other administrative functions.

(Ord. No. 2020-1057, § 1, 3-23-2020; Ord. No. 2025-1090, § 4, 8-25-2025)

Each bingo organization shall supply security to their games to ensure the safety and security of all persons in attendance. The security shall comply with title 5, chapter 06 of this Code. Each bingo organization shall also maintain security cameras at the location with video recording for a minimum of 30 days. The cameras shall cover the exterior as well as the interior gaming areas, cashiers' office and any other public areas. Video must be high quality video and be made available to law enforcement, code enforcement, or other police personnel upon request.

(Ord. No. 2025-1090, § 5, 8-25-2025)

Editor's note— Ord. No. 2025-1090, § 5, adopted August 25, 2025, amended the Code by, in effect, repealing former § 5.19.100, which pertained to enforcement and derived from Ord. No. 2020-1057, § 1, adopted March 23, 2020; and adding a new § 5.19.100.

A. Premises. A licensed organization shall conduct a bingo game only upon property owned or leased by it, and which property is used by such organization for an office or performance of the purposes for which the organization is organized.

B. Hours of operation. No organization licensed under this chapter shall conduct any bingo game more than eight hours in length. No bingo game shall be conducted prior to the hour of 10:00 am. or after 12:00 midnight.

C. Games open to the public. All bingo games shall be open to the public and shall not be restricted to members of the organization so licensed.

D. Operators of game. A bingo game shall be operated and staffed only by members of the licensed organization which conducts 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 or supervision or other phase of the game.

E. 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 game.

F. Special account for funds. All profits derived from bingo games conducted under the authority of this chapter shall be kept in a special fund or account and shall not be co-mingled with any other fund or account. Such profit shall be used only for charitable purposes, except as follows:

1. Such proceeds may be used for prizes awarded at such games.

2. A portion of such proceeds not to exceed ten percent of the proceeds before deduction for prizes or $500.00 per month, whichever is less, may be used for rental of property, overhead, including purchase of bingo equipment, and administrative expenses.

3. Such proceeds may be used to pay license fees.

4. No such proceeds or profit shall be used to pay any salary to any staff member, officer or employee of the organization conducting such bingo games.

G. Physical presence required. No person shall be allowed to participate in a bingo game unless that person is physically present at the time and place in which the bingo game is being conducted.

H. Intoxicated persons. No person who is obviously intoxicated shall be allowed to participate in any bingo game conducted under this chapter.

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

J. Account books. All licensees under this chapter shall keep and maintain full, complete and accurate records and accounts and shall include in such accounts the amount of money obtained from players, the amount of money or type and value of prizes given for each game played, all expenses associated with the conduct of such games, and the disposition of all funds generated by the conduct of such bingo games. The City of Ceres shall have the right to inspect such records upon reasonable notice to any licensed organization.

K. Bingo manager. A member of the licensee organization shall be designated as "bingo manager." The bingo manager shall be responsible for the conduct and operation of the bingo game(s) and for the compliance with all applicable laws, rules, and regulations. The bingo manager shall be present at all times during the playing of any bingo game.

L. Identification. All staff members of a bingo game shall wear on their outside clothing an identification insignia or badge, no less than 2½" × 3½" in dimension, indicating the name of the organization and the name and title of the staff member.

M. Games prohibited. Games that do not meet the definition of "Bingo" under section 5.19.000 are prohibited. Games such as "hot ball" and pull tabs where winners are predetermined or winning numbers are not selected at random and announced by a live caller are prohibited. Any game that causes more than $500.00 to be paid on a single bingo game or a single card is also prohibited. Any game that is prohibited under the United States Internal Revenue Code and regulations is prohibited.

N. Age restriction. No one under the age of 18 is allowed to be in a bingo game area while bingo is in session. Nor is anyone under the age of 18 allowed to play or participate in bingo.

(Ord. No. 2025-1090, § 6, 8-25-2025)

A. All bingo sales shall be recorded on a cash register that features a non-resettable grand total. The cash register tape shall be kept for not less than three years. A cash register shall not be required for any licensee with average gross receipts under $50,000 per month during the preceding 12 months.

B. At least two members of the licensed organization shall jointly count all bingo proceeds. Such proceeds shall be deposited in a special bingo account the next banking day.

C. All funds from bingo games shall be deposited into a special bingo bank account identified on the licensee's application and shall not be commingled with any other funds. Funds deposited in such special bank account may, however, be transferred to another account or fund of the licensee organization or to another account or fund of any other organization or entity associated or affiliated therewith for purposes of implementing charitable expenditures of bingo proceeds, provided, (1) no monies from any source other than bingo proceeds are placed in such fund; (2) the purpose of such fund is clearly designated as part of the title or subtitle of the fund and in the books and records of the organization; (3) expenditures therefrom for such purpose are permitted under the provisions of section 326.5 of the Penal Code of the State of California. No person shall play the game(s) of bingo on credit.

D. All disbursements from the special bingo bank account shall be by consecutively numbered checks signed by two authorized officers of the licensee 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 purpose of depositing such cash in a petty cash fund established and maintained for the payment of incidental bingo expenses. Such checks shall in that event 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 of cash disbursed, the individual or organization receiving the cash disbursement and the purpose for which the disbursement is made.

E. On or before the fifteenth of each month, the licensee shall report on forms prescribed by the Department an accounting of all receipts and expenditures for the prior calendar month. Bingo financial records, including all books and records of the licensee or any other organization or entity associated or affiliated with the licensee for purposes of disbursing charitable expenditures of bingo proceeds, shall at all times be available for inspection by the Department.

(Ord. No. 2025-1090, § 7, 8-25-2025)

A. Any violation of this chapter shall result in the following:

1. First violation: A $2,000.00 fine and a suspension of the operating permit for ten days.

2. Second violation: A $3,000.00 fine and a suspension of the operating permit for 20 days.

3. Third violation: A $5,000.00 fine and a suspension of the operating permit for 30 days.

4. Any violation after the third will result in a $5,000.00 fine and a suspension of the operating permit for a minimum of 90 days.

B. Five violations or more may also result in a misdemeanor along with the items listed in (4) above.

C. Request for a hearing may be done in writing to the Chief of Police once the fine has been paid to the city.

D. For a misdemeanor the case will result in a case being filed by the City Attorney in the Supervisor Court of Stanislaus County against the operator(s) listed on the operating permit and/or the bingo manager. Nothing within this section prohibits violations of California Law being submitted to the Stanislaus County District for review and charges.

E. Bingo permit holders shall also be subject to chapter 9.18.

(Ord. No. 2025-1090, § 8, 8-25-2025)