Chapter 4A — BINGO GAMES

As used in this chapter, "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.

(Added by Ord. 680, adopted 11-24-81)

Organizations which are exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701 of the Revenue and Taxation Code(1) , mobile home park associations, and senior citizen organizations, provided that the proceeds of such games are used only for charitable purposes, are eligible to apply to the City for a license to conduct bingo games in the City under provisions of Section 326.5 of the Penal Code and the provisions of this chapter.

(Added by Ord. 680, adopted 11-24-81)

Eligible organizations desiring to obtain such license to conduct bingo games in the City shall file an application in writing therefor with the Division of Licenses. The issuing authority shall be the City Manager. The license issued shall be for a term of one year from date of issuance, subject to renewal and annual fee. If an application for a license is denied, 1/2 of any fee accompanying said application shall be refunded. (Added by Ord. 680, adopted 11-24-81)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 4411 and its application conforms to the requirement, terms and conditions and this chapter.

(Added by Ord. 680, adopted 11-24-81)

Said application for a license shall contain the following:

• (a) The name of the applicant organization and a statement that the applicant is an eligible organization under Section 4411;

• (b) The name and signature of at least two officers of the applicant organization;

• (c) The name of the member of the organization who is designated by the organization to operate the game;

• (d) The particular property within the City, including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place;

• (e) Proposed day of week and hours of day for conduct of bingo games;

• (f) That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the City Manager upon violation of any of such provisions;

• (g) Said application shall be signed by the applicant under penalty of perjury;

• (h) The annual license fee fixed by the City Council by resolution shall accompany the application;

• (i) The applicant shall also submit, with its application, a Certificate of Determination of Exemption, or other proof of its exemption under the Revenue and Taxation Code sections referred to in Section 4411, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing exemption under said Section 23701d.

• (Added by Ord. 680, adopted 11-24-81)

Upon receipt of the completed application and the fee, the License Division shall refer the same to interested departments of the City, including, but not limited to, the City Manager, City Attorney, Police Department, and the Fire Department 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. (Added by Ord. 680, adopted 11-24-81)

Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the City, the City Manager shall issue a license to said applicant, which shall contain the following information:

• (a) The name and nature of the organization to whom the license is issued;

• (b) The address where bingo games are authorized to be conducted;

• (c) The name of the person authorized to operate the game;

• (d) The occupancy capacity of the room in which bingo games are to be conducted;

• (e) The day of week and hours of the day that the bingo games may be operated;

• (f) The date of the expiration of such license;

• (g) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Added by Ord. 680, adopted 11-24-81)

• (a) Whenever it appears to the City Manager that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the City Manager 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) shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set out in Section 1200 of this Code.

• (c) The order issued under Subsection (a) shall also notify the licensee that it shall have 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 Manager within said 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 Manager shall provide such hearing within 10 days after receipt of such request, at which hearing the suspended licensee may appear before the City Manager 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 said 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 or revocation.

• (e) 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 Manager.

• (Added by Ord. 680, adopted 11-24-81)

• (a) Any holder of a license whose license is revoked under this chapter shall have the right, within 10 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 or grounds on which it is based. The City Council shall hold a hearing on the appeal within 30 days after its receipt by the City, or at a time thereafter agreed upon and shall cause the appellant to be given at least 10 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 again apply 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 the appropriate Revenue and Taxation Code section set forth in Section 4411, such organization may again apply for a license upon proof of reinstatement of said exemption.

• (Added by Ord. 680, adopted 11-24-81)

The total value of prizes awarded during the conduct of any bingo games shall not exceed Two

Hundred Fifty and no/100ths ($250.00) Dollars in cash or kind, or both, for each separate game which is held.

(Added by Ord. 680, adopted 11-24-81)

All profits derived from a bingo game shall be kept and used in the manner prescribed by Section 326.5 of the Penal Code. The licensee 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. The City, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time, and the licensee shall fully cooperate with the City by making such record available.

(Added by Ord. 680, adopted 11-24-81)

No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. (Added by Ord. 680, adopted 11-24-81)

A bingo game shall be operated and staffed only by members of the license organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the agent of the licensee, as designated on the application, shall operate such game. Such agent shall be present at all times during each game.

(Added by Ord. 680, adopted 11-24-81)

All bingo games shall be open to the public, not just to the members of the licensee organization. (Added by Ord. 680, adopted 11-24-81)

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 and Building Department of the City. The licensee shall not reserve seats or space for any person.

(Added by Ord. 680, adopted 11-24-81)

A licensee shall conduct a bingo game only on property owned or leased 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 license 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. The license shall be prominently displayed on the property where the bingo games are conducted, and shall be presented immediately upon demand by a Peace Officer or an Authorized Agent of the City. In the event the described property ceases to be used as an office and as place for performance of the purposes for which the licensee is organized, the licensee shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter, 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. (Added by Ord. 680, adopted 11-24-81)

No person under the age of 18 years of age shall be allowed to participate in any bingo game. (Added by Ord. 680, adopted 11-24-81)

No person who is obviously intoxicated shall be allowed to participate in a bingo game. (Added by Ord. 680, adopted 11-24-81)

No licensee shall conduct any bingo game(s) more than six hours out of any seven day period. No bingo game shall be conducted before 10:00 a.m. nor after 2:00 a.m. of any day. (Added by Ord. 680, adopted 11-24-81)

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. (Added by Ord. 680, adopted 11-24-81)

It is a misdemeanor under Section 326.5(b) of the Penal Code of the State of California for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed $10,000 which fine shall be deposited in the general fund of the City.

(Added by Ord. 680, adopted 11-24-81)

The City may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this chapter. (Added by Ord. 680, adopted 11-24-81)

The provisions of Chapter 4, Article IV of the City of Downey Municipal Code shall not apply to any activities conducted pursuant to the provisions of this chapter. (Added by Ord. 680, adopted 11-24-81)