Corcoran Municipal Code Ch. 3 Bingo Games

A. Games For Charitable Purposes Permitted: Bingo games for charitable purposes are hereby authorized, pursuant to section 19, article IV, of the California Constitution, and section 326.5 of the Penal Code, and in accordance with the provisions of this Chapter.

B. Organizations Eligible For License To Conduct Bingo Games: Corporations, community chests or trusts, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or education purposes or for the prevention of cruelty to children or animals, exempted from payment of the bank and corporation tax by section 23701(a), (b), (d), (e), (f), (g) and (l) of the Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under section 170(c)(2) of the Internal Revenue Code of 1954, are eligible to apply to the City for a permit to conduct bingo games in the City under the provisions of section 326.5 of the Penal Code and the provisions of this Chapter.

C. License Required: No organization shall engage in, carry on, maintain, conduct, or cause to be engaged in, carried on, maintained or conducted a bingo game in the City without first having secured a permit in accordance with the requirements of this Chapter, nor without complying with the regulations contained herein, pertaining to the operation of bingo games. (Ord. 329 N.S., 9-6-1977)

D. Definitions: As used in this Chapter:

BINGO: A game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card that conforms to numbers or symbols selected at random. (Ord. 329 N.S., 9-6-1977; 1996 Code)

NONPROFIT CHARITABLE ORGANIZATION: Any organization exempted from the payment of the bank and corporation tax by section 23701(a), (b), (d), (e), (f), (g), and (l) of the Revenue and Taxation Code, and a contribution or gift to which would be a charitable contribution under section 170(c)(2) of the Internal Revenue Code of 1954.

E. Procedures: The application procedure provided for in this Chapter shall be followed with regard to permits sought pursuant hereto.

F. Filing Of Application: Every person desiring a license pursuant to this Chapter shall file an application with the City Clerk upon a form to be provided by the City Clerk, and at such time pay the required fee and penalty, if any. The application shall be filed at least sixty (60) days prior to the conduct of any bingo game(s) and shall specify:

1. The name, address and telephone number of the local applicant organization and a statement that applicant is an eligible organization under section 326.5 of the Penal Code of the State of California.

2. The name and signature of at least two (2) officers, including the presiding officer, of the corporation or community chest, and the trustee of any trust.

3. A list of the names of members of the applicant organization who will operate and staff bingo games.

4. A detailed schedule of the date(s), hours, location and occupancy capacity of such location of each bingo game to be held.

5. A detailed description of the record system to account for the receipts, prizes, expenses and profits of each bingo game.

6. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of section 326.5 of the Penal Code or this Section, as they may be amended from time to time, and agrees that the license to conduct bingo games may be summarily suspended by the City upon violation of any of such provisions, notwithstanding anything to the contrary.

7. The applicant shall also submit, with its application, a letter or other evidence from the State Franchise Tax Board showing that the applicant is exempted from the payment of the bank and corporation tax by section 23701(a), (b), (d), (e), (f), (g) and (l) of the Revenue and Taxation Code.

8. The application shall be verified as provided in the Code of Civil Procedures for the verification of pleadings.

9. The address to which notice, when required, is to be sent or mailed, and the names of any individual or individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the licensee.

10. Whether the application is for a new license or a renewal of an existing license.

11. Certification by the applicant that the organization or group applying currently operates and is based in the City limits of the City. Otherwise, a permit will be denied.

G. Action On Receipt Of Permit Fee: Upon receipt of a permit fee, the City Clerk shall:

1. Issue a date receipt showing the location for which an application has been made.

2. Transmit copies of the application to the Chief of Police (for background investigation) and the Fire Chief to determine if the appropriate zoning ordinances and regulations, building code ordinances and fire regulations have been or will be complied with.

H. Report On Application: Every officer and department to which an application is referred shall, in writing, advise the City Clerk of all material facts necessary to determine whether the license should be granted, granted subject to conditions, or denied, and their approval or disapproval of the application.

I. Notification Of Denial By Department: If any officers or department to which an application is referred advises the City Clerk that the license should be denied, he/she shall so notify the applicant.

J. Information: Every officer and department to which an application for a license is referred may require such additional information and the filing of such additional forms as he/she deems necessary.

K. Revocation Of Permit: Any permit or license issued to any person or firm may be revoked by the Council at any time of the license when the holder thereof has violated any of the provisions of this Chapter or is conducting a bingo game in such a manner that the same is detrimental to the good order of the City.

L. Contents Of Permit: In addition to any other requirement of this Chapter, any permit issued for bingo games for charitable purposes shall contain the following information:

• 1. The name and nature of the organization to whom the license is issued.
• 2. The address where bingo games are authorized to be conducted.
• 3. The occupancy capacity of the room in which bingo games are to be conducted.
• 4. The date of the expiration of such permit.

5. Such other information as may be necessary or desirable for the enforcement of the provisions of this subsection.

M. License Fee: Pursuant to the provisions of Section 3-1-4 of this Title, a tax free business license shall be issued to each permittee, if such permittee is qualified hereunder. Each permittee shall be required to pay with its application a permit fee specified by the City Clerk.

N. Posting Of Permit: Said permit shall be posted in a prominent place during the conduct of any bingo game. The permittee shall produce and exhibit the same, when applying for renewal thereof, and whenever requested to do so by any law enforcement officer, or other officer authorized to issue, inspect or collect licenses and permits.

O. Posting Of Costs, Prizes And Rules: The permittee shall post the costs, prizes and rules of each game to be played. Such signs shall be posted during the conduct of the bingo game in a conspicuous place on the outside and inside of the premises to be used for the conducting of a bingo game.

P. Record Of Prizes: A record shall be kept, on forms approved by the City Clerk, by the permittee showing the name and written signature, the address, the telephone number of the winner, and the consecutive serial number on the receipt for the prize.

Q. Inspection: No person shall interfere with, prevent or refuse to permit a member of the law enforcement agency, any peace officer, the City Clerk or his/her authorized deputy, to make an examination or inspection of any premises, without notice, licensed for bingo games for charitable purposes, or of any records kept by the permittee organization, or any agent or employee thereof, for the purpose of determining whether the permittee organization and/or manager are complying with all of the provisions of this Section and applicable statutes. (Ord. 329 N.S., 9-6-1977)

A. Bingo Games Open To Public: All bingo games shall be open to the public, not just to members of the permittee organization.

B. Attendance Limited To Occupancy Capacity: 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 in accordance with applicable laws and regulations. Permittee shall not reserve seats or space for any person.

C. Maximum Amount Of Prize: The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) total in cash or kind, or both, for each separate game which is held. Total prizes being offered at various stages during an ongoing series of numbers or symbols being called towards a larger game shall not exceed two hundred fifty dollars ($250.00).

D. Profits To Be Kept In Separate Fund Or Account: 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 permittee shall keep 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. This City, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time, without prior notice, and permittee shall fully cooperate with the City by making such record available.

E. Financial Interest In Permittee Only: No individual, corporation, partnership or other legal entity, except the permittee organization, shall hold a financial interest in the conduct of such bingo game.

F. Exclusive Operation By Permittee: A bingo game shall be operated and staffed only by members and the manager of the permittee organization. Such members or manager shall not receive a profit, wage or salary or any other direct or indirect consideration from any bingo game, nor shall they receive payments from the organization for such purpose. Only the permittee shall operate such game, or participate in the promotion, supervision or any other phase of such game.

G. Bingo Games Conducted Only On Permittee Property: A permittee shall conduct a bingo game only on property owned, leased or rented by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The permit 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 used as an office and as a place for performance of the purposes for which the permittee is organized, the permit shall have no further force or effect. A new permit may be obtained by an eligible organization, upon application, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.

H. Minors Not To Participate: No person under the age of eighteen (18) years shall be allowed to participate in any bingo game.

I. Intoxicated Persons Not To Participate: No person who is intoxicated shall be allowed to participate in a bingo game.

J. Hours Of Operation: No bingo game shall be conducted between the hours of twelve o'clock (12:00) midnight and ten o'clock (10:00) A.M. except where authorized by the permit.

K. Participant Must Be Present: 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.

L. Use Of Credit Prohibited: No permittee shall issue chips, checks, tokens, markers or money to a patron on credit or loan (including but not limited to IOUs and check to be held), or allow any patron to play on credit.

M. No Admission Charged: No fee, donation, dues or other charge shall be imposed as a requirement for admission or entry onto any licensed bingo premises.

N. Receipt Of Profit Prohibited: It is a misdemeanor under section 326.5(b) of the Penal Code of the State for any person to receive a profit, wage or salary from any bingo game authorized pursuant to this Code, and all persons are hereby prohibited from violating the same. A violation of section 326.5(b) is punishable by a fine not to exceed ten thousand dollars ($10,000.00) which fine shall be deposited in the General Fund of the City. (Ord. 329 N.S., 9-6-1977)

Any person violating any provision of this Chapter shall be guilty of an infraction as provided for in section 36900 of the Government Code. Every violation determined to be an infraction is punishable as provided in Section 1-4-1 of this Code. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this Chapter is committed, continued or permitted. (Ord. 329 N.S., 9-6-1977; 1996 Code)