Article II — Gambling

No person shall deal, play or carry on, open or cause to be opened, or conduct, either as owner or employee, whether for hire or not, any game not mentioned or included in California Penal Code Section 330, played with cards, dice or any other device of whatsoever nature, for money, checks, credit, merchandise or other representation of value, and no person shall play or bet at or against any such prohibited games. The City Council shall not amend or repeal this section without the consent of the people.

(Prior code § 130.15)

No person shall knowingly permit any of the prohibited games mentioned in Section 9.04.080 of this chapter to be played, conducted or dealt in any house, owned or rented by such person, in whole or in part.

(Prior code § 130.16)

• A. Licenses. Notwithstanding any provision herein to the contrary, the City Council may grant an annual bingo license to any organization which wishes to conduct bingo games for nonprofit, charitable purposes, pursuant to the provisions of California Penal Code Section 326.5.

• B. Application for License. Applications for an annual bingo license shall be made, in writing, to the City Council and shall be accompanied by the following:

  1. An annual bingo license fee of $60.

  2. A statement indicating the purposes for which the proceeds of such bingo games are to be used.

  3. A copy of the exemption certificate issued by the state, indicating that the applicant is exempted from the payment of a tax by California Revenue and Taxation Code Section 23701(d); or other evidence that the organization is an entity entitled to conduct bingo pursuant to California Penal Code Section 326.5.

  4. A plot plan of the premises intended to be used by the applicant to conduct such bingo games. Such plot plan shall include all off-street parking facilities to be used by participants.

  5. A report from the Building, Planning and Fire Departments of the City, stating that the property has been inspected and that it meets all applicable fire, building, zoning and safety regulations of the City.

• C. Renewal of License. Licenses for bingo games which have been issued by the City Council may be renewed annually upon the following conditions:

  1. Payment of the annual bingo license fee in the amount of $60.

  2. Submission by the licensee of a verified statement indicating the use of the funds which derived from the games held during the previous year.

  3. Submission of a certified statement, executed by the officers of the organization holding such license for the previous year, stating that the bingo games held were operated in strict conformance to the provisions of this chapter and State law.

• D. Operation of Bingo Games. All bingo games operated under any license issued by the City Council shall be operated in strict compliance with the provisions of California Penal Code Section 326.5.

• E. Remote Caller Bingo. Remote caller bingo may be lawfully played in the City of Desert Hot Springs pursuant to the provisions of California Penal Code Sections 326.3 and 326.4, and this chapter, and not otherwise. Each license issued pursuant to this chapter which allows remote caller bingo shall be subject to, and operated in strict compliance with, the conditions contained in Penal Code Sections 326.3 and 326.4.

• (Prior code § 130.17; Ord. 523 § 1, 2010)

• A. Any person who violates any provision of this chapter, the violation of which is charged and prosecuted as a misdemeanor, and for which no penalty is otherwise provided, shall be punished by a fine not exceeding $1,000 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. When such violation is charged and prosecuted as an infraction, and no penalty is otherwise provided, the violator shall be punished by a fine not exceeding $100 for a first violation, a fine not exceeding $200 for a second violation of the same provision within one year, or a fine not exceeding $500 for each additional violation of the same provision within one year.

• B. Any person in violation of Section 9.04.050 shall be guilty of a misdemeanor and shall be subject to:

  1. A fine of $150 for a first violation and/or six months in jail.

  2. A fine of $500 and/or six months in jail for a second violation.

  3. A fine of $1,000 and/or six months in jail for each violation over two within one year.

• C. No person shall violate any provision or fail to comply with any of the requirements of Section 9.04.060 of this chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements or Section 9.04.060 is guilty of an infraction. Any person convicted of an infraction under the provisions of Section 9.04.060 shall be punished upon a first conviction by a fine not exceeding $50 and for a second conviction within a period of one year by a fine of not exceeding $100 and for a third or any subsequent conviction within a period of one year by a fine not exceeding $250. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of Section 9.04.060 is committed, continued or permitted by such person and shall be punished accordingly.

• (Prior code § 130.99)