Colton Municipal Code Ch. 9.13 Bingo Games

Bingo games Shall be allowed for the benefit of organizations exempted from the payment of bank and corporation tax by Subsections 23701A, 23701B, 23701D, 23701E, 23701F, 23701G, or 23701L of the California Revenue and Taxation Code and by Mobilehome Park associations and senior citizen's organizations; provided, that the proceeds of such games are Used only for charitable purposes.

(Ord. 1531 § 1, 1978: Ord. 1499 § 1 (part), 1976)

Eligible organizations desiring to obtain such license to conduct Bingo games in the City Shall file an Application upon a form prescribed by the license Collector in the office of the Finance Director. The Application Shall be accompanied by Written evidence that the organization is one included in Section 9.13.010 of this Code.

(Ord. 1531 § 2, 1978: Ord. 1499 § 1 (part), 1976)

No license Shall be issued to any organization unless such Applicant is an eligible organization under Section 9.13.010 and its Application conforms to the requirement, terms and conditions of this chapter.

(Ord. 1499 § 1 (part), 1976)

The Application for a license required by Section 9.13.020 Shall contain the Following:

A. The name of the Applicant organization and a statement that the Applicant is an eligible organization under Section 9.13.010;

B. The name and signature of at least two officers, including the presiding officer, of the corporation or community chest and the Trustee of any trust;

C. The particular Property within the City, including the Street number Used by such Applicant for an office or for performance of the purposes for which the Applicant is organized, on which Property Bingo games will be conducted, together with the Occupancy capacity of such place;

D. Proposed Days of week and hours of Day for conduct of Bingo games;

E. That the Applicant agrees to conduct Bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter, as they May be amended from time to time, and agrees that the license to conduct Bingo games May be revoked by the City Manager upon Violation of any of such provisions;

F. Said Application Shall be signed by the Applicant under penalty of perjury;

G. The annual license Fee fixed by the City Council by Resolution Shall accompany the Application.

(Ord. 1531 § 3, 1978: Ord. 1499 § 1 (part), 1976)

Upon receipt of the completed Application and the Fee, the Finance Director Shall refer the same to interested Departments of the City, including, but not limited to, the City Manager, City Attorney, Planning and Special Services Department, Police Department, and the Fire Department, for investigation as to whether or not all the statements in the Application are true and whether or not the Property of the Applicant qualifies and the extent to which it qualifies, as Property on which Bingo games May lawfully be conducted, as to fire, Occupancy, and other applicable restrictions.

(Ord. 1499 § 1 (part), 1976)

Upon being satisfied that the Applicant is fully qualified, under the Law, to conduct Bingo games in the City, the Finance Director Shall issue a license to said Applicant, which Shall contain the Following information:

A. The name and nature of the organization to whom the license is issued;

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 expiration of such license;

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

(Ord. 1499 § 1 (part), 1976)

Whenever it appears to the Chief of Police that the licensee is conducting a Bingo game in Violation of any of the provisions of this chapter, the Chief of Police Shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any Bingo games.

(Ord. 1499 § 1 (part), 1976)

A. Any holder of a license whose license is revoked under this chapter Shall have the right, within ten Days after receiving Notice in writing of the revocation, to file a Written Appeal to the City Council. Such Appeal Shall set forth the specific ground or grounds on which it is based. The City Council Shall hold a hearing on the Appeal within thirty Days after its receipt by the City, or at a time thereafter agreed upon and Shall cause the appellant to be given at least ten Days' Written Notice of such hearing. At the hearing, the appellant or its authorized Representative Shall have the right to present evidence and a Written or oral argument, or both, in support of his Appeal. The determination of the City Council on the Appeal Shall be final.

B. Any organization whose license is finally revoked May not again apply 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 Section 23701d of the Revenue and Taxation Code, such organization May again apply for a license upon proof of reinstatement of said exemption.

(Ord. 1499 § 1 (part), 1976)

As Used in this chapter "Bingo" means a game of chance in which prizes are awarded on the basis of Designated numbers or symbols on a card which conform to numbers or symbols selected at random.

(Ord. 1499 § 1 (part), 1976)

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. 1499 § 1 (part), 1976)

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. The licensee Shall keep a full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of Bingo games which are authorized by this chapter. The Chief of Police or his appointee Shall have the right to examine and audit such record at any reasonable time and licensee Shall fully cooperate with the City by making such record available.

(Ord. 1499 § 1 (part), 1976)

No individual, corporation, partnership, or other legal entity except the licensee Shall hold a financial interest in the conduct of such Bingo game.

(Ord. 1499 § 1 (part), 1976)

A Bingo game Shall be operated and staffed only by members of the licensee organization. Such members Shall not receive a profit, wage, or salary from any Bingo game. Only the licensee Shall operate such game, or participate in the promotion, supervision, or any other phase of such game. The licensee Shall furnish the Chief of Police with the names and residence addresses of all its members. The members who staff or operate the game Shall furnish the Chief of Police with such information as he reasonably requires to determine that they are of good moral character. Persons determined by the Chief of Police not to be of good moral character Shall not operate or staff a game.

(Ord. 1499 § 1 (part), 1976)

All Bingo games Shall be open to the public, not just to the members of the licensee organization.

(Ord. 1499 § 1 (part), 1976)

Notwithstanding that Bingo games are open to the public, attendance at any Bingo game Shall be 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, in accordance with applicable Laws and regulations. Licensee Shall not reserve seats or space for any Person.

(Ord. 1499 § 1 (part), 1976)

A licensee Shall conduct a Bingo game only on Property owned or leased by it, 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 Shall authorize the holder thereof to conduct Bingo games only on such Property, the address of which is stated in the Application. In the event the described Property ceases to be so Used, the license Shall have no further force or effect. A new license May be obtained by an eligible organization upon Application under this chapter when it again has Property owned or leased by it, which Property is Used by such organization for an office or for performance of the purposes for which the organization is organized.

(Ord. 1531 § 4, 1976: Ord. 1499 § 1 (part), 1976)

No Person under eighteen Years of age Shall be allowed to participate in a Bingo game.

(Ord. 1499 § 1 (part), 1976)

No Person who is obviously intoxicated Shall be allowed to participate in a Bingo game.

(Ord. 1499 § 1 (part), 1976)

No licensee Shall conduct any Bingo game more than six hours out of any twenty-four-hour period, nor more than once in any seven-Day period. No Bingo game Shall be conducted between two a.m. and ten a.m.

(Ord. 1627, 1982: Ord. 1499 § 1 (part), 1976)

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. 1499 § 1 (part), 1976)

It is a misdemeanor under Section 326.5B of the Penal Code of the State of California for any Person to receive or pay a profit, wage or salary for any Bingo game authorized under this chapter, a Violation of which is punishable by a fine not to exceed ten thousand dollars. A Violation of any provisions of Section 326.5 of the Penal Code, other than Subdivision B, is a misdemeanor.

(Ord. 1531 § 5, 1978: Ord. 1499 § 1 (part), 1976)

The City May bring an action in Court of competent jurisdiction to enjoin a Violation of Section 326.5 of the Penal Code or of this chapter.

(Ord. 1499 § 1 (part), 1976)