Citrus Heights Municipal Code Div. 1 Generally

The regulatory provisions of this division are necessary to ensure that bingo halls are operated subject to reasonable conditions for the protection of public health, safety and welfare. A system of regulating bingo halls encourages the maximum use of bingo proceeds for charitable purposes in the city, but also limits the commercialization of bingo by criminal or otherwise undesirable elements. The licensing regulations for bingo halls further clarify and define the relationship between the bingo hall and the licensed charitable organization with respect to the operation and management of bingo games in the city.

(Ord. No. 99-10, § 2(4.26.000), 6-9-1999)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bingo means a game of chance in which prizes are awarded on the basis of designated numbers or symbols that conform to numbers or symbols selected at random. The game of bingo may be played on any equipment consistent with state law and authorized by the state attorney general. The outcome of the game shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All preprinted cards shall bear the legend as follows: "For sale or use only in a Bingo game authorized under California law and pursuant to local ordinance." This definition is not intended to apply in the construction or enforcement of any other provision of law.

Bingo hall means a building or facility used exclusively for the operation of bingo games.

Bingo hall manager means an individual employed by the bingo hall operator to oversee operations of the bingo hall and coordinate with charities which are operating the bingo games.

Bingo hall operator means the person who owns, leases or otherwise controls a bingo hall.

Charity means any organization which is exempted from the payment of the bank and corporations tax by Revenue and Taxation Code § 23701(a), (b), (d)—(g) and (l).

City-based charity means a charity primarily serving the residents of the city. The determination of whether a charity is appropriately designated as "city-based" shall reside with the director of community development.

Member means as defined in the bylaws of each individual charity.

Session means a defined period of time during which one charity shall operate bingo games. A session shall be no longer than six hours.

(Ord. No. 99-10, § 2(4.26.005), 6-9-1999)

Cross reference— Definitions generally, § 1-2.

Any bingo hall in the city shall be required to obtain a conditional use permit. Only one conditional use permit for a bingo hall shall be issued at any one time.

(Ord. No. 99-10, § 2(4.26.010), 6-9-1999)

No charity shall operate a bingo game without a certificate of eligibility issued by the community development director. The purpose of this certificate is to ensure that the charity complies with this division and to determine whether the applicant is a city-based charity.

(Ord. No. 99-10, § 2(4.26.015), 6-9-1999)

(a) No person or charity shall operate a bingo game in the city limits without possessing a valid, unrevoked and unexpired special business license to operate bingo games issued pursuant to this division; chapter 22, article II, division 3, which pertains to special business licenses and employee permits; any other applicable city regulations, and except in conformance with Penal Code § 326.5; or any other applicable state, city or federal law, or administrative rule or regulation, as they may be amended from time to time.

(b) No person shall operate a bingo hall in the city limits without possessing a valid, unrevoked and unexpired special business license to operate a bingo hall issued pursuant to this division; chapter 22, article II, division 3, which pertains to special business licenses and employee permits; any other applicable city regulations, and except in conformance with Penal Code § 326.5; or any other applicable state, city or federal law, or administrative rule or regulation, as they may be amended from time to time. With respect to bingo halls, licenses shall be required for both the bingo hall operators and bingo hall managers.

(c) The fee for the licenses described in this section shall not exceed the amount specified in Penal Code § 326.5 and shall include the reimbursement of the city's costs for compliance monitoring/auditing of records and any other public safety related costs incurred by the city for bingo operations.

(Ord. No. 99-10, § 2(4.26.020), 6-9-1999)

Only charities shall be eligible to operate bingo games in the city. No less than 60 percent of the total operating time at a bingo hall on a weekly basis shall be assigned to city-based charities. The bingo hall operator shall submit a list of potential charities to the city before operations begin at the bingo hall. Thereafter, the bingo hall operator shall update the list if any charities on the approved list are changed or the allocation of sessions is modified. The list shall be reviewed and approved by the director of community development.

(Ord. No. 99-10, § 2(4.26.025), 6-9-1999)

(a) The application for a certificate of eligibility to conduct bingo games shall contain the following:

(1) The official name, address and affiliation of the charity;

(2) The names and signatures of at least two officers, including the presiding officer of the organization, who will be primarily responsible for conducting bingo games. If any change in persons holding such offices occurs, the licensee shall, within ten days of the change, notify the chief of police, in writing, of such change, specifying the name, address, date of birth, and telephone number of any such officer;

(3) The charity's official bylaws. If bylaws are changed, the charity is obligated to provide a revised version to the city within ten working days;

(4) If applicable, information showing that the charity is city-based;

(5) A certificate of determination of exemption under the applicable section of the state Revenue and Taxation Code or a letter of good standing from the exemption division of the franchise tax board showing such exemption; and

(6) A statement that the applicant agrees to conduct bingo games in strict accordance with Penal Code § 326.5; this division; city administrative regulations adopted pursuant to this division; or any other applicable state, city or federal law, or administrative rule or regulation, as may be amended from time to time, and a statement that the applicant agrees that the certificate of eligibility may be revoked by the chief of police upon violation of any such provisions.

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

(b) Within 21 days of receipt of the information required in subsection (a) of this section, the director of community development shall either make a determination whether the applicant is eligible to conduct bingo games in the city or request additional information from the applicant. If additional information is requested, the eligibility determination shall be made within 14 days of receipt of the additional information. Upon making a determination of eligibility, the director of community development shall, within 14 days, provide the applicant with a certificate of eligibility to conduct bingo games. The certificate of eligibility shall state whether the applicant is deemed a city-based charity. The timeframes specified in this section are directory and not mandatory.

(Ord. No. 99-10, § 2(4.26.030), 6-9-1999)

In addition to the matters prescribed by section 10-87, an application for a special business license to conduct bingo games shall contain the following:

(1) A copy of the valid, unexpired, and unrevoked certificate of eligibility for the charity under the authority of which the game will be operated; and

(2) A statement that the applicant agrees to conduct bingo games in strict accordance with Penal Code § 326.5; this division; city administrative regulations adopted pursuant to this division; or any other applicable state, city, federal law, or administrative rule or regulation, as may be amended from time to time, and a statement that the applicant agrees that the license may be revoked by the chief of police upon violation of any such provisions.

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

(Ord. No. 99-10, § 2(4.26.035), 6-9-1999)

The chief of police is charged with the responsibility of administering the regulations imposed by this division and exercising the authority conferred thereby. Such authority shall include the power and duty to promulgate and enforce administrative regulations and otherwise perform the duties and exercise the authorities conferred in this division.

(Ord. No. 99-10, § 2(4.26.040), 6-9-1999)

Any employee of the bingo hall shall obtain an employee permit from the city pursuant to the requirements of this Code. The bingo hall manager shall obtain a special business license as required by this division.

(Ord. No. 99-10, § 2(4.26.045), 6-9-1999)

(a) The bingo hall operator and bingo hall manager shall post their special business licenses in a conspicuous location at the bingo hall.

(b) Each charity shall display both its certificate of eligibility and the special business license of the bingo game operator at the bingo hall while it is operating a bingo session.

(Ord. No. 99-10, § 2(4.26.50), 6-9-1999)

Profits received by a charity from the operation of bingo games shall be kept in a special fund or account and shall not be commingled with any other fund or account. These profits shall be used only for charitable purposes.

(Ord. No. 99-10, § 2(4.26.045), 6-9-1999)

(a) Each charity shall keep full and accurate records of the income received and expenses disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games. Unless otherwise notified by the chief of police, these records shall be collected and maintained in a manner specified by the chief of police for the following periods of time:

(1) Three years;

(2) Until completion of a compliance examination; or

(3) Until the administrative or judicial appeal procedure, whichever is applicable, is final, if the license has been suspended, revoked, or a renewal denied. Records shall be maintained for at least three years, unless otherwise notified by the chief of police.

(b) The chief of police or any other authorized representative of the city shall have the right to inspect, conduct a compliance examination, review, audit or photocopy the charity's bingo records as described in subsection (a) of this section at any reasonable time, and the license holder shall fully cooperate by making such records and photocopies thereof available to the chief of police upon demand. The charity shall deliver the records for the purpose of a compliance examination, review, audit, inspection or for photocopy to the office of the chief of police during reasonable hours upon demand of the chief of police.

(c) Compliance examinations shall be conducted by a representative of the chief of police of bingo licensee records described in subsection (a) of this section not less frequently than annually, for each 12 months of each licensee's operation.

(d) If the organizational structure of the licensee is such that an umbrella organization disburses bingo proceeds to member organizations, the records described in subsection (a) of this section which are subject to examination, review, audit, inspection, or photocopy shall include both the bingo records of the umbrella organization and its member organizations. For purposes of this subsection, an umbrella organization is defined as a nonprofit, income-tax exempt, charitable organization which is organized for the purpose of providing financial support to other nonprofit, income-tax exempt, charitable organizations.

(Ord. No. 99-10, § 2(4.26.050), 6-9-1999)

No individual, corporation, partnership or other entity except the charity shall hold any financial interest in the conduct of any bingo game. Security personnel employed by the charity conducting the bingo games may be paid by revenue from the bingo games, pursuant to state law.

(Ord. No. 99-10, § 2(4.26.065), 6-9-1999)

Only charities in possession of a valid certificate of eligibility to conduct bingo games shall operate bingo games or participate in the promotion, supervision or any other phase of the games. Bingo games shall be operated and staffed solely by members of the charity, except that the charity may retain or employ security personnel at such bingo games. Charities may not subcontract operation of bingo sessions or games by nonmembers.

(Ord. No. 99-10, § 2(4.26.070), 6-9-1999)

Each bingo hall operator shall formulate, publish and post in a conspicuous place at the location of the bingo games written rules by which the bingo games are conducted which are consistent with Penal Code § 326.5 and the conditional use permit issued by the city. The rules shall be reviewed and approved by the chief of police.

(Ord. No. 99-10, § 2(4.26.075), 6-9-1999)

(a) Bingo games in a bingo hall may be operated only during the following times:

(1) No bingo game maybe operated before 10:00 a.m. on any day.

(2) No bingo game may be operated after 11:00 p.m. Sunday through Thursday.

(3) No bingo game may be operated after 1:30 a.m. on Friday or Saturday.

(b) The conditional use permit for the bingo hall may specify more restrictive hours than shown in subsection (a) of this section.

(Ord. No. 99-10, § 2(4.26.080), 6-9-1999)

No charity shall conduct more than three bingo sessions per week.

(Ord. No. 99-10, § 2(4.26.075), 6-9-1999)

The chief of police may prescribe such regulations with respect to the conduct of bingo games and the equipment used by the licensee as deemed necessary to ensure the fairness and integrity of the games, the accountability of the funds collected, and the consistency of the bingo equipment and the conduct of bingo games with state law. Violation of such regulations shall constitute grounds for revocation of the special business license.

(Ord. No. 99-10, § 2(4.26.080), 6-9-1999; Ord. No. 2007-06, § 1, 6-14-2007)

The bingo hall operator shall not require any charity to purchase bingo supplies exclusively from the hall operator, whether through the provisions of a contract, lease, rental agreement, or any other agreement or contract. Charities shall be provided with the ability to purchase supplies from any licensed supplier, as provided in division 2 of this article.

(Ord. No. 99-10, § 2(4.26.85), 6-9-1999)