El Centro Municipal Code Div. 1 Generally

As used in this article "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. It is the intention of the city council that "bingo," as defined in this section, applies exclusively to this article and shall not be applied in the construction or enforcement of any other ordinance.

(Code 1962, § 16.2-10; Ord. No. 76-15, § 1)

Cross reference— Rules of construction and definitions generally, § 1-3.

(a) With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d 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 section, 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 follows:

(1) Such proceeds may be used for prizes.

(2) A portion of such proceeds, not to exceed ten (10) percent of the proceeds after the deduction for prizes, or five hundred dollars ($500.00) per month, whichever is less, may be used for rental of property, overhead, and administrative expenses.

(b) The licensee under this article 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 article. 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.

(Code 1962, § 16.2-12; Ord. No. 76-15, § 1)

No individual, corporation, partnership, or other legal entity except the licensee under this article shall hold a financial interest in the conduct of such bingo game.

(Code 1962, § 16.2-13; Ord. No. 76-15, § 1)

A bingo game shall be operated and staffed only by members of the organization licensed under this article. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game.

(Code 1962, § 16.2-14; Ord. No. 76-15, § 1)

All bingo games shall be open to the public, not just to the members of the organization licensed under this article.

(Code 1962, § 16.2-15; Ord. No. 76-15, § 1)

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 in accordance with applicable laws and regulations. The licensee under this article shall not reserve seats or space for any person.

(Code 1962, § 16.2-16; Ord. No. 76-15, § 1)

A licensee under this article 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 article shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this article, 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.

(Code 1962, § 16.2-17; Ord. No. 76-15, § 1)

No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo game.

(Code 1962, § 16.2-18; Ord. No. 76-15, § 1)

Cross reference— Minors generally, Ch. 18, Art. III.

No person who is obviously intoxicated shall be allowed to participate in a bingo game.

(Code 1962, § 16.2-19; Ord. No. 76-15, § 1)

No licensee under this article shall conduct any bingo game more than six (6) hours out of any twenty-four (24) hour period. No bingo game shall be conducted before 10:00 a.m. or after 2:00 a.m. of any day.

(Code 1962, § 16.2-20; Ord. No. 76-15, § 1)

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.

(Code 1962, § 16.2-21; Ord. No. 76-15, § 1)

It is a misdemeanor under section 326.5(b) of the Penal Code for any person to receive or pay 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 ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the city.

(Code 1962, § 16.2-22; Ord. No. 76-15, § 1)

The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

(Code 1962, § 16.2-11; Ord. No. 76-15, § 1)

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 article.

(Code 1962, § 16.2-23; Ord. No. 76-15, § 1)

A violation of any provision of this article, other than section 4-27, is a misdemeanor.