Del Mar Municipal Code Ch. 9.18 Charitable Bingo Games

The purpose of this Chapter is to ensure that any Bingo Game operated in the City of Del Mar is conducted in compliance with the Government Code of the State of California and is also conducted in a manner to protect against adverse impacts on the health, safety and welfare of the community.

(Ord. No. 844; Ord. No. 876)

The following words and terms are defined for the purpose of applying the provisions of this Chapter:

A. Bingo shall mean 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. An electronic system of Bingo that substitutes a computer with stored Bingo "card" matrices for traditional paper or cardboard Bingo cards does not qualify as a Bingo Game within meaning of this Chapter, except for those portable card minding devices ("PCMD") as provided by California Penal Code § 326.5.

B. Bingo Game shall mean the same as "Bingo."

C. City Treasurer shall mean the Treasurer of the City of Del Mar or his/her designee.

D. Director shall mean the Director of the City of Del Mar's Department of Planning and Community Development.

E. Eligible Charitable Organization shall have the definition as provided in Section 9.18.050 below.

F. Government Code shall mean all sections of the California State statutes, including but not limited to, the Penal Code, the Taxation Code, the Government Code and all amendments thereto.

A. The playing, maintaining or operating of a Bingo Game shall be allowed in any of the City's zoning districts listed below, provided the Bingo Game is conducted, maintained and operated in accordance with all of the provisions of Section 326.5 of the California Penal Code and with all of the provisions of this Chapter.

Fairgrounds/Racetrack (FR)

Public Facilities (PF)

No person shall play Bingo or maintain or operate a Bingo Game, as the term is defined in this Chapter and in Section 326.5 of the California Penal Code, unless a valid City of Del Mar Bingo Permit has first been obtained pursuant to the provisions of this Chapter.

A. It is unlawful for any person to conduct a Bingo Game in the City unless such person is a member of a nonprofit, charitable organization, or other organization as provided by California Penal Code § 326.5(a) and acting on behalf of such organization, and has a valid Bingo Permit issued pursuant to this Chapter. Such organizations shall be deemed an "Eligible Charitable Organization" pursuant to this Chapter.

B. No Bingo Permit shall be issued to an organization unless the Bingo Permit applicant is an Eligible Charitable Organization pursuant to the provisions of this Chapter.

An application for a Bingo Permit shall include all of the following materials:

A. An application, submitted on a form provided by the City, along with such information, maps and plans as required by the Director to accomplish the purposes of this Chapter;

B. The name and address of the applicant(s). If the applicant is an organization, the names of the principals or managers of the organization shall be provided;

C. A statement that the applicant is an Eligible Charitable Organization under Section 326.5 of the California Penal Code and this Chapter;

D. A general description of the proposed location and schedule of operation of the Bingo Game(s);

E. A written statement that the applicant agrees to conduct Bingo Games in strict accordance with the provisions of Section 326.5 of the California Penal Code and with the provisions of this Chapter, as they may be amended from time to time, along with a written acknowledgement that the Permit to conduct Bingo Games may be suspended or revoked upon violation of any of such provisions;

F. A Bingo Permit application processing fee, as adopted by resolution of the City Council in accordance with the provisions of Government Code;

G. The written consent of the owner of the real property at which the Bingo Game is to be conducted;

H. A copy of the licenses and authorizations required for operation of a Bingo Game, including a City of Del Mar Business License;

I. As applicable, a certificate, or determination of exemption from the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing exemption under California Regulations, pursuant to Penal Code § 326.5; and

J. A list of all members, employees or volunteers of the Eligible Charitable Organization who will operate the Bingo Game, including full names of each such person, date of birth and driver's license number.

A. The City Council shall serve as the issuing authority for an application for a Bingo Permit. Upon receipt, the application shall be routed to each City Department, as deemed appropriate by the Director, for comment and suggested conditions. After receipt of comments and suggested conditions, the Director shall cause the application to be placed on the first available agenda of the City Council as a Public Hearing item.

B. A staff report shall be prepared for the City Council, to include a recommendation from staff.

C. The City Council shall take action to approve, conditionally approve, or deny the application based on the standards of review contained in this Chapter. The City Council may also continue the application, as deemed necessary, in order to gain additional information to be used as the basis for making a determination on the application.

A. Notice of a Bingo Permit application shall contain the date, place, and time set for the scheduled City Council review of the application. The required notice shall also include all of the following:

1. The number assigned to the application;

2. A description of the proposed Bingo Game and its location; and

3. A brief description of the purpose of the City Council review and of the review process.

B. Notice of an application for a Bingo Permit shall be provided as follows:

1. Published once in a newspaper of general circulation within the City;

2. Mailed to all owners of real property within 300 feet of the location of the proposed Bingo Game, with ownership as identified on County Tax Assessors' rolls; and

3. Posting at City Hall by staff and posting at the site of the proposed Bingo Game by the applicant using a notification card provided by the City.

An application for a Bingo Permit shall be approved by the issuing authority identified in this Chapter unless the issuing authority makes one or more of the following findings of fact:

A. That the issuance of the Bingo Permit will endanger public health, safety or welfare of the surrounding property;

B. That the issuance of the Bingo Permit will have an adverse impact on the welfare of the community or on the community's appearance or aesthetics;

C. That the issuance of the Bingo Permit is inconsistent with the Community Plan or Zoning Regulations;

D. That the applicant for the Bingo Permit is not eligible pursuant to the provisions of either Section 326.5 of the Penal Code or this Chapter;

E. That the information provided in the Bingo Permit application is false or erroneous; or

F. That the proposed operation or method of conducting the Bingo Game(s) will be contrary to the provisions of this Chapter.

An approved Bingo Permit shall be subject to such conditions as the issuing authority deems necessary or desirable for the enforcement of the provisions of this Chapter, for enforcement of the California Penal Code, or to protect the public health, safety and welfare of the community.

A Bingo Permit shall be valid for a period of two years from the date of approval.

A. Notwithstanding the other provisions of this Chapter, the Permittee may request a renewal of the term of a Bingo Permit. The request shall be submitted on a form provided by the City and shall be accompanied by a processing fee, as established by resolution of the City Council.

B. Upon submittal, the Director shall review the request for Bingo Permit Renewal and make a determination if the circumstances and findings under which the original Bingo Permit application were issued are still applicable and can support findings for approval of a renewal of the Permit.

C. The Director's determination on the request for Bingo Permit Renewal shall be appealable in accordance with the provisions of the DMMC.

D. A Bingo Permit Renewal shall be valid for a period of two years from the date of approval.

E. Within three months of the end of the period of a valid Bingo Permit Renewal, the Permittee may request another Bingo Permit Renewal.

Each permit issued under this Chapter shall be issued to a specific person on behalf of a specific Eligible Charitable Organization to conduct Bingo Games at a specific location. A Bingo Permit may not be transferred from one Eligible Charitable Organization to another. The Permittee of which a valid Bingo Permit is issued may submit a written request for a substitution of the individual authorized by the permit due to staff or employment changes within the Eligible Charitable Organization.

A Bingo Game shall be operated in compliance with all of the following requirements:

A. Any Bingo Game conducted in the City shall be operated in compliance with the provisions of Section 326.5 of the California Penal Code and with each term and condition of the Permit issued therefore pursuant to this Chapter;

B. The facility at which the Bingo Game is conducted shall provide the off-street parking as proposed and approved in the Bingo Permit application material;

C. The operator shall provide the security measures as proposed and approved in the Bingo Permit application material;

D. The Bingo Permittee shall conduct a Bingo Game only on property owned, leased or authorized for such use. Nothing in this Subsection shall be construed to require that the property owned, leased, or authorized to the organization for use by the organization be used or leased exclusively by, or donated exclusively to, such organization;

E. No minors shall be allowed to participate in any Bingo Game;

F. All Bingo Games shall be open to the public, not just to those affiliated with the Eligible Charitable Organization;

G. A Bingo Game shall be operated and staffed only by members, employees or volunteers of the Eligible Charitable Organization which have obtained the Bingo Permit. Such persons shall be limited to those set forth in the most recent application for a license or renewal as approved by the license collector, and shall not receive a profit, wage or salary from any Bingo Game. Only the Eligible Charitable Organization authorized to conduct a Bingo Game shall operate such game, or participate in the promotion, supervision or any other phase of such games. This Subdivision does not preclude the employment of security personnel by the organization;

H. No individual, corporation, partnership, or other legal entity except the Eligible Charitable Organization authorized to conduct a Bingo Game shall hold a financial interest in the conduct of such Bingo Game;

I. No Bingo Game shall be conducted between the hours of 11:00 p.m. and 8:00 a.m.;

J. 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;

K. The Bingo Permit and the rules of the Bingo Game shall be conspicuously posted at the location of the Bingo Game;

L. With respect to Eligible Charitable Organizations, all profits and/or proceeds derived from the Bingo Games shall be kept in a special fund or account and shall not be commingled with any other fund or account pursuant to Penal Code § 326.5;

M. The total value of prizes awarded during the conduct of any Bingo Game shall not exceed $500.00 in cash or kind, or both, for each separate game which is conducted; and

N. At start and midpoint of each Fiscal Year, the Permittee shall file with the City Treasurer, a full and complete Bingo Financial Statement, on a form to be approved by the City Treasurer, of all moneys collected and disbursed and the amount remaining for charitable purposes as a result of all Bingo Games conducted during the preceding six months.

A. In order to provide the municipal services to accommodate and regulate the operation of Bingo Games, the City shall impose an additional Fee for the provision of those Law Enforcement and Public Safety service costs incurred by the City to provide Public Safety services directly related to the operation of Bingo Games.

B. The Fee for Law Enforcement and Public Safety service costs shall not exceed the actual costs incurred by the City to provide the Law Enforcement and Public Safety services related to the operation of Bingo Games.

C. The Permittee shall be billed bi-annually following the submittal of the Bingo Financial Statement, as required by this Chapter. The City shall prepare a cost summary based on the actual costs for Law Enforcement and Public Safety service costs.

D. The Fee for Law Enforcement and Public Safety service costs required in this Section is separate and distinct from any other fee required by this Chapter.

Upon request by the City Treasurer, the applicant shall make available for inspection all of applicant's financial books, records and papers at any reasonable time before the Bingo Permit application is granted or the Permittee during the time the Bingo Permit is in effect, which books, records and papers will be inspected solely for the determination of the factual accuracy of the information contained in the application. Failure to make any such information available within ten days of the City Treasurer's request to inspect same shall constitute cause for denial or revocation of the Bingo Permit.

A Bingo Permit may be revoked upon a written finding by the Director that the Bingo Game is being operated in violation of one or more of the conditions of the Bingo Permit or that the Bingo Game is being operated in violation of one or more of the provisions of this Chapter or of applicable State of California regulations or codes. A Bingo Permit may also be revoked upon a written finding by the Director that the Bingo Game is being operated in a manner that constitutes a nuisance. The decision of the Director shall be appealable to the City Council in accordance with the provisions of the Del Mar Municipal Code.

A. A violation of this Chapter shall be deemed a violation of the Del Mar Municipal Code and shall be subject to enforcement under the provisions of DMMC Chapter 1.10.

B. It shall be a misdemeanor for any person to receive a profit, wage or salary from any Bingo Game authorized by this Chapter pursuant to California Penal Code § 326.5.