Daly City Municipal Code Ch. 5.36 Bingo

As used in this chapter, the following words shall have the meanings ascribed to them in this section:

"Applicant" means either a corporation, partnership or other legal entity.

"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.

"Organization" means either one of the following:

1. Those organizations exempt from the payment of bank and corporation taxes under Section 23701 (a), (b), (d), (e), (f), (g) and (l) of the Revenue and Taxation Code;

2. Mobile Home Park Associations;

3. Senior citizens' associations.

Provided, that the proceeds of bingo games are used only for charitable purposes.

(Ord. 894 § 1, 1978; Ord. 867 § 1 (part), 1978: prior code § 15-100)

No bingo game shall be conducted within the city unless organization shall have first obtained a bingo license therefor from the director of finance of the city and paid an annual nonrefundable fee as fixed by resolution of the city council.

The application for a bingo license shall be on a form supplied by the city and shall be accompanied by a certificate from the Franchise Tax Board of the state, showing the tax-exempt status of said organizations under the California Revenue and Taxation Code, Section 23701(d), if applicable, or any other information showing that the applicant comes within the provisions of the term "organization."

(Ord. 1311 § 12, 2004; Ord. 1146 § 7, 1991: Ord. 894 § 2, 1980; Ord. 867 § 1 (part), 1978: prior code § 15-101)

A. An organization shall conduct a bingo game only on property:

1. Owned by the organization and used by the organization for the performance of the primary purposes for which the organization is organized;

2. Leased by the organization and used by the organization for the performance of the primary purposes for which the organization is organized; or

3. Donated to the organization and used by the organization for the performance of the primary purposes for which the organization is organized.

B. Participation in all bingo games shall be open to the public, not just to members of the organization.

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

D. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place at which the bingo game is being conducted.

E. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars, in cash or kind, or both, for each separate game which is held.

F. A bingo game shall be operated and staffed only by members of the organization. Such members shall not receive a profit, wage or salary from any bingo game. This does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting such game.

G. 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.

H. 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.

I. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code, 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. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds 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. Such proceeds shall be used only for charitable purposes, except as follows:

1. Such proceeds may be used for prizes;

2. A portion of such proceeds, not to exceed twenty percent of the proceeds after the deduction for prizes, or one thousand dollars per month, whichever is less, may be used for rental of property, overhead, and administrative expenses, security equipment and security personnel.

J. The organization shall not operate or conduct bingo games between the hours of midnight and nine a.m. of any day.

K. Before any bingo license can be issued, the premises at which the bingo games are to be held must meet all requirements of the building, electrical, fire and plumbing codes of the city in regard to the use to be made of said premises and the number of persons anticipated on said premises during the operation of any bingo game.

(Ord. 1311 § 13, 2004; Ord. 1192 § 2, 1993; Ord. 965 §§ 1—3, 1982; Ord. 867 § 1 (part), 1978: prior code § 15-102)

Reasonable inspection of the books, ledgers and accounts of qualified organizations that have active bingo permits, or of applicant organizations seeking bingo permits, must be submitted for review to the Daly City police department upon request. Such requests are strictly limited to those books, ledgers and accounts applicable to bingo operations only.

(Ord. 1192 § 3, 1993)