Corning Municipal Code Ch. 9.04 Bingo Games

Footnotes:

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For statutory provisions on bingo games, see Pen. Code §326.5.

A. Bingo games shall be permitted in the city subject to compliance with applicable state law and this chapter.

B. Organizations exempted from the payment of the bank and corporation tax by Sections 23701d, 2370le, 23701f, 23701g, 23701 1 and 23701t of the Revenue and Taxation Code, mobile home park associations and Senior Citizens organizations are eligible to apply to the city for a license to conduct bingo games in the city; provided, that the proceeds of such games are used only for charitable purposes.

(Ord. 314 §1, 1977; Ord. 306 §1(a), 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 selected at random.

(Ord. 306 §1(n), 1976).

A. A licensed sponsoring organization is authorized to conduct one bingo session per week, on the day set forth in the license. "Bingo session" is defined as a series of bingo games played between the hours of eight a.m. and twelve p.m. on the authorized day.

B. A nonprofit, charitable organization shall conduct a bingo game only in a building or property owned or leased by it, or property whose use is donated to the organization and which property is used by such organization for an office or for performance of the purposes for which the organization is organized.

C. All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization.

D. A bingo game shall be operated and staffed only by members of the nonprofit charitable organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision, or any other phase of such game.

E. No individual corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game.

F. 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.

G. The total value of prizes awarded during the con-duct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. Where prizes are in kind, the value of such prizes shall be the retail market value, unless such prizes are purchased from a member of the organization sponsoring the bingo game, in which case the value shall be the cost of the items to the member. A sponsoring organization shall keep accurate records, including invoices showing cost, of any items purchased to be given as prizes, and such records shall be made available upon demand to the city clerk.

H. 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.

I. No alcoholic beverages shall be served, consumed, or possessed in any area where bingo is being played. "Area" is defined as any room or portion of a building where bingo players are physically present and playing bingo.

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

K. A portion of all proceeds derived from a bingo game, not to exceed twenty percent of the proceeds before the deduction for prizes, or one thousand dollars per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

(Ord. 382 §1, 1982; Ord. 306 §l(e)——(j), (l), (m), (o), (p), 1976).

A. It is a misdemeanor for any person to receive a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution.

B. A violation of subsection A of this section shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city.

C. The city may bring an action to enjoin a violation of this section.

(Ord. 306 §1(b), (c), (d), 1976).

Eligible organizations desiring to obtain a license to conduct bingo games in the city shall file an application in writing therefor in the office of the finance director on a form to be provided by the finance director. The issuing authority shall be the city clerk. The license issued shall be valid, unless suspended as provided in this chapter, for a period of one year. A license may be renewed upon payment of the application fee.

(Ord. 306 §2, 1976).

The application for a license to conduct bingo games shall be on a form provided by the finance director, and the application form shall contain such information as may be deemed necessary by the issuing authority, including but not limited to the following:

A. The name of the applicant and a statement of eligibility to conduct bingo games;

B. The names of the presiding officer and treasurer of the applicant. The application shall be signed by the presiding officer;

C. A description, sufficient for identification, of the property where the bingo games will be conducted, together with the occupancy capacity of such place;

D. The proposed day of the week and hours of the day for conduct of bingo games;

E. An agreement that if applicant violates any pro-vision of this chapter, the license may be summarily revoked or suspended by the city clerk;

F. Evidence that the organization seeking a license is eligible to conduct bingo games;

G. An agreement to submit monthly financial reports showing gross receipts, the amount of such receipts paid out as prizes, costs of conducting the bingo games, and the disposition of the remaining funds. Such report shall be on a form provided by the finance director, and shall be submitted no later than the tenth day of the month following the month for which the report is made;

H. The application shall be signed under penalty of perjury;

I. The application fee shall be paid at the time the application is made.

(Ord. 306 §3, 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 clerk, city attorney, police department, fire marshal and building inspector 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. Where bingo games are to be conducted upon leased property, a copy of the lease shall be submitted with the application for license. Any such lease shall specifically delineate the extent of the leased area.

(Ord. 306 §4, 1976)

The city shall impose a license fee, not to exceed the actual cost of issuing such license, on each nonprofit, charitable organization which it authorizes to conduct bingo games. The amount of such fee shall be determined and fixed from time to time by resolution of the city council. Initially, such fee shall be twenty dollars per license.

(Ord. 306 §1(k), 1976).

The city clerk shall determine the form of license to be issued, which shall contain information as to the name and form of organization to whom the license is issued, the address where the bingo games will be conducted, occupancy capacity, date of expiration of the license, and such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. The license, when issued, shall be posted in a prominent place in the area where the bingo games are conducted.

(Ord. 306 §5, 1976).

Any organization qualified to receive a license to conduct bingo games may apply for and receive licenses to operate and con— duct bingo games at more than one location, but each location shall require a separate license, and a separate license fee shall be paid for each location. All other provisions of this section shall apply to each location.

(Ord. 306 §9, 1976).

A. When-ever it appears to the city clerk that the licensee is con-ducting a bingo game in violation of any of the provisions of this chapter, the city clerk shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.

B. Any person who continues to conduct a bingo game after any summary suspension thereof under subsection A of this section shall be deemed guilty of a misdemeanor.

C. The order issued under subsection A shall also notify the licensee that it has five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request in writing such hearing before the city clerk within the five-day period shall result in a revocation of the license.

D. Upon such request by the licensee, whose license has been suspended under subsection A, for a hearing to determine whether such license shall be revoked, the city clerk shall provide such hearing within ten days after receipt of such request, at which hearing the suspended licensee may appear before the city clerk for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.

E. Any organization whose license is revoked under this section shall not conduct any bingo game in the city at such time as the city council, on appeal, determines to overrule the decision of the city clerk.

(Ord. 306 §6, 1976)

A. Whenever it appears to the city clerk that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered, under Section 9.04.110 of this chapter, the license may be revoked; provided, however, the licensee may appear before the city clerk at the time fixed by the city clerk, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.

B. Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the city clerk.

(Ord. 306 §7, 1976)

A. Any holder of a license whose license is revoked under this section 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 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 apply again 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 2370ld of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of the exemption.

(Ord. 306 §8, 1976).