El Monte Municipal Code Ch. 5.24 Bingo Games

For the purpose of 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. The game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.801)

Organizations which are exempt from the payment of the Bank and Corporation tax pursuant to 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) or 23701(1) of the Revenue and Taxation Code, mobile home park associations, and senior citizen organizations, and who meet the other qualifications set forth in this chapter are eligible to apply to the city for a permit to conduct bingo games in the city pursuant to the provisions of Section 326.5 of the Penal Code and the provisions of this chapter. No organization, other than a mobile home association and a senior citizen organization shall be deemed to be eligible to apply for a bingo game permit unless it has been in existence at a location or locations in the city for a period of five (5) years preceding the filing of an application.

(Ord. 2488 § 1 (part), 1998: Ord. 2462 § 1, 1997; prior code § 6399.802)

Eligible organizations desiring to obtain a permit to conduct bingo games in the city shall file an application therefor, on a form prescribed by the city, in writing with the Business License Division together with a filing fee in the amount of fifty dollars ($50.00).

(Ord. 2488 § 1 (part), 1998: prior code § 6399.803)

No permit shall be issued unless the applicant is an eligible organization pursuant to Section 5.24.020 and its application conforms to the requirements, terms and conditions of this chapter.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.804)

The application for a permit shall contain the following:

A. The name of the applicant and material demonstrating the applicant's eligibility pursuant to Section 5.24.020; and

B. Whether the applicant organization has been operating in the city for at least five (5) years prior to the date of the application; and

C. The names of at least two (2) officers of the applicant organization; and

D. A description of the particular property within the city including the street address, owned or leased by or donated to, the applicant, and used by such applicant for an office and/or for performance of the purposes for which the applicant is organized, and on which property bingo games will be conducted, together with the occupancy capacity of such location; and

E. Proposed day of the week and hours of day for conduct of bingo games;

F. A statement 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 the same may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked by the City Administrator upon violation of any of such provisions.

G. The application shall be signed by the applicant under penalty of perjury;

H. Such other information as deemed necessary by the city.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.805)

Upon being satisfied that the applicant is qualified to hold a bingo permit and that it appears that the operation of bingo games will be conducted in accordance with all applicable laws, including this code, the city shall issue a permit to the applicant. Any such permit may be conditioned so as to insure compliance with applicable laws, including without limitation, this chapter. Each permit shall contain the following information:

A. The name and legal status of the organization to whom the permit is issued;

B. The address where bingo games are authorized to be conducted;

C. The occupancy capacity of the room in which bingo games are to be conducted;

D. The date of the expiration of such permit;

E. Any conditions imposed on the permit;

F. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.806)

An annual permit issued shall be valid through and including December 31st of the calendar year in which the permit is issued. Qualified applicants may apply for renewal of permits. Renewal applications shall be filed and processed in accordance with the provisions of this chapter. If an application for a permit is denied, one-half of any permit fee paid shall be refunded to the applicant.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.807)

Each permittee shall maintain on file with the Business License Division, a current list of the names, addresses and phone numbers of all officers of the permittee organization and the names, addresses and telephone numbers of those responsible persons who are conducting games pursuant to the permit for the permittee.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.808)

A. Whenever it appears to the City Administrator that a permittee is conducting a bingo game in violation of any applicable law, including without limitation, the provisions of this chapter, the City Administrator shall have the authority to summarily suspend the permit and order the permittee to immediately cease and desist any further operation of any bingo game.

B. The City Administrator shall give notice to the permittee of the violation and issue an order of suspension ("order"). The order shall advise the permittee that the permit has been suspended and shall state the effective date of such suspension together with a statement of reasons for the suspension. The permittee shall have ten (10) days from and after the date of service of the order within which to file an appeal appealing the decision of the City Administrator to suspend the permit. If for any reason the permittee fails to file a timely appeal, the order shall be deemed, for all purposes, to be an order of revocation and shall be final and conclusive subject only to judicial review.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.809)

A. Upon receipt of a timely filed appeal, the City Administrator shall designate a qualified person to act as the hearing officer with respect to said appeal. The hearing officer shall give the permittee, and any other person requesting the same, at least five (5) days' notice of the time and place of the conduct of the appeal hearing. At the time of the appeal hearing, the permittee and other interested persons shall be permitted to present such evidence as may be relevant to the issue of suspension and/or revocation of the permit involved. The technical rules of evidence shall not be applied to the proceeding by the hearing officer but the hearing officer shall take such steps as may be necessary to permit the presentation of evidentiary material which is relevant and reliable. The hearing officer shall, upon conclusion of the hearing, determine whether the permit should be revoked; and shall issue an order of revocation in the event the determination is to revoke the same.

B. A permittee or other interested person may file a written appeal appealing the decision of the hearing officer in the event of the issuance of an order of revocation, to the City Council. Such appeal shall be filed with the City Clerk within ten (10) days following the giving of notice of the issuance of the order of revocation by the hearing officer. Failure to timely file such an appeal for any reason shall result in the revocation order being final and conclusive for all purposes.

C. Where an appeal from a decision of the hearing officer has been timely made, the City Council shall set the matter for consideration at its next most convenient meeting. The hearing officer shall prepare a transcript of proceedings and shall transmit the same to the City Council and to the appellant. The City Council shall determine the appeal from the decision of the hearing officer solely based upon the transcript of proceedings presented by the hearing officer. The permittee and any other interested person may submit to the City Council written arguments in support of the position of such person. No additional evidence will be accepted relating to the matter. The decision of the City Council shall be final and conclusive, subject only to judicial review.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.810)

Any organization whose permit is finally revoked may not again apply for a permit to conduct bingo games in the city for a period of one year from and after 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 5.24.020, such organization may again apply for a permit upon submitting proof of reinstatement of the exemption.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.811)

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.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.812)

All profits derived from a bingo game shall be kept and used in the manner prescribed by Section 326.5 of the Penal Code and shall principally be expanded for charitable purposes in the city. The permittee shall keep full and accurate records of the income received and expenses disbursed in connection with its operation, conduct, promotion, supervision and all other phases of bingo games which are authorized by this chapter. Before renewal of the permit, the permittee must provide a copy of the previous year's income/expense statement to the city. In addition the city, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time and permittee shall fully cooperate with the city by making such records available.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.813)

No individual, corporation, partnership or other legal entity except the permittee shall hold any financial interest in the conduct of any bingo game.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.814)

A bingo game shall be operated, conducted and staffed only by members of the permittee organization. Such members shall not receive a profit, wage, salary or income of any kind from any bingo game. The permittee organization may, however, employ security personnel to provide security services at bingo games and pay for such personnel from game proceeds. Only the permittee shall operate such game and participate in the promotion, supervision or any other phase of such game.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.815)

All bingo games shall be open to the public, not just to the members of the permittee organization.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.816)

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. A permittee shall not reserve seats or space for any person.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.817)

A permittee shall conduct a bingo game only on property owned or leased by it, or on property whose use is donated to the organization and which property used by such organization for an office or for performance of the purposes for which the organization is organized. The permit 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. Nothing in this Section shall be construed to require that the property owned or leased by or donated to the permittee be used or leased exclusively by such permittee.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.818)

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

(Ord. 2488 § 1 (part), 1998: prior code § 6399.819)

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

(Ord. 2488 § 1 (part), 1998: prior code § 6399.820)

A. Each permittee may conduct bingo games (1) one per calendar week; and (2) for one annual event conducted for not more than a three (3) consecutive day period.

B. No bingo game shall be conducted before nine a.m. of any day or after eleven p.m., of any day nor longer than a four (4) consecutive hour period.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.821)

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.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.822)

Any person who conducts a bingo game in the city for which a permit has not been issued or, if issued, has either been suspended or revoked, shall, in addition to any other penalty for such conduct, be deemed to be conducting a public nuisance on the property where the same is located. The conduct of such a game shall be deemed for all purposes to be a continuing public nuisance and shall be subject to abatement. City may elect to file a civil action to abate such a public nuisance and if the court determines that a public nuisance exists, the city shall be awarded its attorneys' fees and other costs incurred with reference to such civil action. Contemporaneously with such a civil action, criminal proceedings may also be filed against the person or persons conducting bingo games without there being a valid permit in effect.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.823)

Any person operating or conducting a bingo game without a valid subsisting permit which is and in full force and effect pursuant to this chapter, shall be deemed guilty of a misdemeanor.

(Ord. 2488 § 1 (part), 1998: prior code § 6399.824)