Chowchilla Municipal Code Ch. 5.10 Bingo Games

It is the purpose of this chapter to authorize the playing of the game of chance generally known as bingo, subject to and pursuant to the restrictions contained in Article IV, Section 19c of the Constitution of the state and Section 326.5 of the Penal Code of the state. Definitions, conditions and restrictions set forth in this chapter are intended to comply with and implement the constitutional and Penal Code provisions. To the extent that any provisions of this chapter are substantially the same as that contained in Section 326.5 of the Penal Code and punishable thereunder, such provisions of this chapter shall be deemed explanatory only.

(Ord. 301-79 § 1 (part) , 1979: prior code § 11-100)

Organizations exempted from the payment of the California Bank and Corporation Tax by Section 23701 (a), (b), (d), (e) , (f), (g) and (i) of the Revenue and Taxation Code of the state; mobilehome park associations and senior citizens' organizations are authorized to conduct bingo games in the city upon obtaining a license therefor as provided in this chapter; provided, that the proceeds of such games are used only for charitable purposes.

(Ord. 301-79 § 1 (part), 1979: prior code § 11-101)

A. Upon application to the city clerk together with a fee as specified by resolution and upon determination of the city clerk that the applicant is an organization or association as defined in Section 5.10.020, the city clerk shall issue a license to such organization or associations authorizing the conduct of bingo games. If the applicant is other than a church, it shall accompany the application with a certificate or letter from the State Franchise Tax Board stating that the applicant is exempt from the payment of the bank and franchise tax and from the Internal Revenue Service stating that it is a charitable organization to which a gift would be a charitable contribution under Section 170 (c) (2) of the Internal Revenue Code of 1954.

B. Such license shall be for a period of one year and renewable annually upon re-application and payment of a renewal fee as specified by resolution. If an application for a license or renewal thereof is denied, one-half of any such fee paid shall be refunded to the organization applying therefor.

(Ord. 301-79 § 1 (part), 1979: prior code § 11-102)

A. The application for a license for conducting bingo games shall contain the following:

1. The name of the organization, together with the names, signatures and addresses of all the officers of the organization and that the applicant is an eligible organization pursuant to the provisions of this chapter. Any change of officers or organizational change will be reported to the license collector within thirty days of occurrence;

2. The address of the premises where the bingo game is proposed to be conducted;

3. A statement of the ownership or lessor and lessee of the premises;

4. Principal purpose for which the premises are used by the organization, together with the length of time for which the premises have been so used;

5. Name and address of the person responsible for the operation of the bingo game and those persons assisting therein;

6. Days and hours of proposed operation of bingo games;

7. Such further information as may be required by the license collector.

B. The application shall be signed by the principal officer of the applicant under penalty of perjury.

(Ord. 301-79 § 1 (part), 1979: prior code § 11-103)

A licensee shall keep the license posted in a conspicuous place within the room in which bingo is being played during the conduct of any such game. The licensee shall produce and exhibit the same whenever requested to do so by any peace officer, health officer, the city clerk, or fire official.

(Ord. 301-79 § 1 (part), 1979: prior code § 11-104)

All bingo games shall be open to the public, shall be conducted only on property owned or leased by the licensee authorized to conduct the games and shall be operated and staffed only by employees of the authorized organizations which organized it. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. In addition to the regulations specified herein, the conduct of all bingo games in the city shall be governed by the terms and provisions of Section 326.5 of the Penal Code of the state as it presently exists or as it may hereafter be amended.

(Ord. 301-79 § 1 (part), 1979: prior code § 11-105)

It is unlawful for any bingo game to be operated in violation of any of the following conditions:

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

B. 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;

C. Attendance at any bingo game shall be limited to the occupancy capacity of the room as set forth in the license;

D. No licensee shall issue chips or money to a patron on credit or a loan, including but not limited to IOU's and checks to be held, nor shall patrons be allowed to pay on credit;

E. No person who is obviously intoxicated shall be allowed to participate in a bingo game;

F. Any condition attached to the license;

G. The licensee shall post and keep posted in a conspicuous place within the room in which bingo is being played the rules and regulations of the game;

H. Conduct any bingo game after the license therefor has expired or during any period in which it is suspended.

(Ord. 301-79 § 1 (part), 1979: prior code § 11-106)

Any license issued under this chapter shall be immediately suspended by the city clerk upon the recommendation of either the chief of police, the health officer or the fire official, which recommendation must be based upon either violation of this chapter by the licensee or the discovery of some condition which would have caused a recommendation to have been made against the issuance of the license. Such suspension shall result in the automatic revocation of the license fifteen days after the notice thereof, unless within ten days after the receipt of such notice thereof, the licensee appeals the suspension and revocation to the city council. In the event of such appeal, the city council shall hold a public hearing thereon and its decision shall be final. The suspension shall remain in effect pending decision by the city council.

(Ord. 301-79 § 1 (part), 1979: prior code § 11-107)

A licensee desiring to continue the conducting of a bingo game shall at least thirty days before the expiration of the license make application to the license collector for a renewal. The application for renewal shall be accompanied by the fee, proofs and be processed in all respects as an original application.

(Ord. 301-79 § 1 (part), 1979: prior code § 11-108)

Any person violating any of the provisions of this chapter not contained in Section 326.5 of the Penal Code shall be guilty of an infraction, and upon conviction thereof shall be punished in accordance with Section 1.16.010 B of this code.

(Ord. 301-79 § 1 (part), 1979: prior code § 11-109)