Chapter 9.13 — BINGO

The provisions of this chapter shall prevail over any provisions of the Municipal Code which are inconsistent herewith, including, but not by way of limitation, the provisions of Chapter 9.12.

(Ord. 350 §1 (part), 1984: Ord. 228 §1(part), 1976).

The playing, maintaining or operating of a bingo game as defined by Section 326.5(n) of the California Penal Code shall be permitted if played, maintained or operated in accordance with all provisions of Section 326.5 of the California Penal Code and of this chapter.

(Ord. 350 §1(part), 1984: Ord. 228 §1(part), 1976).

No person shall play bingo or maintain or operate a bingo game, as the term "bingo" is defined in Section 326.5(n) of the California Penal Code, unless a permit for such bingo game has been obtained pursuant to this chapter and is in full force and effect, and such bingo game is maintained or operated in compliance with the provisions of Section 326.5 of the California Penal Code and each term and condition of the permit issued therefor pursuant to this chapter.

(Ord. 350 §1(part), 1984: Ord. 228 §1(part), 1976).

As used in this chapter, the term "eligible organization" means organizations with physical locations within the city organized and operated exclusively for religious, charitable, fraternal or veteran affairs purposes, which are exempted from payment of the bank and corporation tax by Section 23710d of the California Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(e)(2) of the Internal Revenue Code of 1954, and senior citizens organizations and mobilehome park associations, provided that proceeds of such games are used only for charitable purposes within the city. Only eligible organizations are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the California Penal Code.

(Ord. 350 §1(part), 1984: Ord. 228 §1(part), 1976).

Eligible organizations may apply for a business license to maintain or operate a bingo game within the city. Every application for a license shall contain all information required to show that the applicant meets all the requirements of Section 326.5 of the California Penal Code, and every application for a renewal of any such permit shall contain a statement under the penalty of perjury that the applicant has not, since the effective date of the ordinance codified in this chapter, violated any provision of Section 326.5 of the California Penal Code, or any condition of any permit issued pursuant to this chapter, or, if any violation has occurred, that such violation was inadvertent and that the applicant has taken adequate measures to ensure that no future violations will occur.

(Ord. 350 §1(part), 1984).

The application for a bingo license shall be filed with the business license section of the community development department. Upon receipt, the business license section shall refer the application to the public safety department for review and report as to whether the appropriate provisions of this chapter and Section 326.5 of the California Penal Code have been or will be complied with. The applicant shall provide any additional information which may be requested during the review period, and as may be necessary to make a licensing determination.

(Ord. 350 § 1(part), 1984: Ord. 228 § 1(part), 1976).

A bingo license shall be issued by the business license section if the Public Safety Department finds that the bingo application meets all requirements of this chapter and Section 326.5 of the California Penal Code and that it will have no substantial adverse impact on the neighboring area. If it is found that the bingo game as proposed does not comply with all the requirements of this chapter and of Section 326.5 of the California Penal Code, or that it will have a substantial adverse impact on the neighboring area, but that conditions can be imposed which will eliminate such problems, the bingo license may be issued subject to such conditions. Bingo licenses shall be issued for a period of one year.

(Ord. 350 § 1(part), 1984: Ord. 228 § 1(part), 1976).

Any interested party aggrieved by the decision of the public safety department and business license section may appeal in writing to the city council within ten days of the taking of the action appealed from. The city clerk shall place the matter upon the next most convenient city council agenda for hearing, and shall give the applicant at least five days' written notice of the time and place of such hearing. At the hearing, the burden shall be upon the applicant to show that the action appealed from is unreasonable, arbitrary, or in excess of jurisdiction. The appellant shall be entitled to representation by counsel and to present testimony through other witnesses. The city council shall consider the appeal in the light of the requirements of this chapter. The action of the city council shall be final.

(Ord. 350 § 1(part), 1984).

The fee for the license, whether the initial license or a renewal, shall be ten dollars annually. If an application for a license is denied, one-half of any license fee shall be refunded to the applicant.

(Ord. 442 § 1, 1991: Ord. 350 § 1(part), 1984).

(a)

Each licensed eligible organization may hold a maximum of one bingo game per week.

(b)

The posting of any sign or device at the location at which a bingo game is being, or will be held for the specific purpose of advertising the location, date, or time of a bingo game is strictly prohibited, except within the interior of the location.

(c)

Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupance capacity of the room in which such game is conducted or the limit stated in the bingo license, whichever is less. Neither seats nor space may be reserved for any person.

(d)

No alcoholic beverages shall be served or consumed during the hours of operation of a bingo game.

(e)

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

(f)

The bingo license shall be posted at all times in a conspicuous place at the public entrance to a bingo game while such game is being conducted.

(g)

The licensee shall post the costs, prizes, and rules of each game to be played. Such signs shall be posted adjacent to the license and permit during the conduct of the bingo game.

(h)

No admission fee, purchase or donation shall be required for entry onto the bingo premises.

(i)

No licensee shall issue chips or money to a patron on credit or loan (including, but not limited to, IOU's and checks to be held) or allow any patron to play on credit.

(j)

Bingo games may be held only between noon and midnight on any one day, not to exceed any six continuous hours.

(k)

All monetary or cash prizes in excess of fifty dollars shall be paid in the form of a check drawn on a financial institution.

(l)

Bingo games shall be operated only on the property applied for, the address of which is stated in the application.

(Ord. 442 § 2, 1991; Ord. 351 § 1(part), 1984).

A violation of any provision of Section 326.5 of the California Penal Code or of any provision of this chapter or of any condition of a license issued pursuant to this chapter shall be grounds for revocation of such permit.

(Ord. 350 § 1(part), 1984).

Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. The city may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the California Penal Code or of this chapter.

(Ord. 350 § 1(part), 1984).