El Segundo Municipal Code Ch. 13 Bingo Games for Charitable Purposes

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 conform to numbers or symbols selected at random. (Ord. 929, 4-19-1977)

Organizations exempted from the payment of the bank and corporations tax by section 23701 et seq., of the state Revenue and Taxation Code, mobile home park associations and senior citizens' organizations, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of section 326.5 of the state Penal Code and the provisions of this chapter; provided, however, that the receipts of such games are used only for charitable purposes. (Ord. 1069, 2-19-1984; amd. 2000 Code)

Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application in writing therefor with the licensing authority on a form to be provided by the city. The issuing authority shall be the licensing authority upon authorization of the city council. The license issued shall be for a term of one year from the date of issuance, subject to a renewal and an annual fee of fifty dollars ($50.00), plus an additional fee of one percent (1%) of the monthly gross receipts collected in excess of five thousand dollars ($5,000.00). If an application for a license is denied, one-half (1/2) of any license fee paid shall be refunded to the organization. (Ord. 1069, 2-19-1984; amd. Ord. 1127, 11-15-1988)

No license shall be issued to any organization unless such applicant is an eligible organization under section 4-13-2 of this chapter and its application conforms to the requirements, terms and conditions of this chapter. (Ord. 929, 4-19-1977)

A. Contents: Said application for a license shall contain the following:

1. The name of the applicant's organization and a statement that applicant is an eligible organization under section 4-13-2 of this chapter.

2. The name and signature of at least two (2) officers of the applicant organization.

3. 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, together with the occupancy capacity of such place. Nothing in this subsection shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

4. Proposed days of week and hours of day for conduct of bingo games.

5. 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.

B. Signature Required: The applicant under penalty of perjury shall sign said application.

C. Annual Fee: The annual license or renewal fee shall be set by a resolution of the city council and shall accompany the application.

D. Certificate Of Exemption: Where applicant shall also submit, with its application, a certificate or determination of exemption under section 23701 et seq., of 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 one of the eligible Revenue and Taxation Code sections. (Ord. 1334, 4-17-2001)

Upon receipt of the completed application and the fee, the licensing authority shall refer the same to interested departments of the city including, but not limited to, the city manager, city attorney, police department, fire department, community development 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. A period of not less than thirty (30) days shall be allowed for the purpose of conducting said investigation. (Ord. 929, 4-19-1977; amd. Ord. 1127, 11-15-1988; Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

A. Contents: Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the City, upon authorization by the City Council the licensing authority shall issue a license to said applicant, which shall contain the following information:

1. The name and nature of the organization to whom the license is issued.

2. The address where bingo games are authorized to be conducted. (Ord. 943, 11-1-1977; amd. Ord. 1127, 11-15-1988)

3. The occupancy capacity of the room in which bingo games are to be conducted as set forth on the certificate of occupancy and/or posting or room capacity as specified in the Uniform Building Code, as adopted by the City. A description of where the room is located at the address, room site, number of exits, type of seating that will be provided participants and other pertinent information shall be listed.

4. The date of the expiration of such license.

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

B. Posting: The licensee shall cause the license to be visibly posted in a conspicuous place upon the premises where bingo games are authorized to be conducted, and shall immediately produce such license for inspection upon demand of any police officer. (Ord. 1069, 2-19-1984)

A. Authority Of Police Chief: Whenever it appears to the Chief of Police that the licensee is conducting a bingo game in violation of any of the provisions of this Chapter, the Chief of Police shall have the authority to summarily suspend the license and operation of any bingo game.

B. Continuing To Conduct Bingo After Suspension: Any person who continues to conduct a bingo game after any summary suspension thereof shall be deemed guilty of a misdemeanor and, upon conviction thereof, subject to penalty as provided in Section 1-2-1 of this Code.

C. Hearing Request: The summary suspension shall include the notification of the licensee that it shall have ten (10) days from the date of such suspension to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the City Council within said ten (10) day period, shall result in a revocation of the license. (Ord. 929, 4-19-1977; amd. 2000 Code)

D. Notice Of Hearing: Upon such request by the licensee, whose license has been summarily suspended, for a hearing to determine whether such license shall be revoked, the City Council shall provide such hearing within thirty (30) days after receipt of such request by the City, or at a time thereafter agreed upon, at which hearing the suspended licensee may appear before the City Council 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 (5) 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 and revocation.

E. Council Action: 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 makes a determination as to whether the license shall be reinstated. The determination of the City Council on the appeal shall be final. (Ord. 929, 4-19-1977)

A. Revocation; Hearing: Whenever it appears to the City Manager that the licensee is conducting bingo games in violation of any of the provisions of this Chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered, under Section 4-13-8 of this Chapter, the license may be revoked; provided, however, the licensee may appear before the City Council at the time fixed by 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 written notice shall have first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.

B. Reinstatement: 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 an appeal, makes a determination as to whether the license shall be reinstated. The determination of the City Council on the appeal shall be final. (Ord. 929, 4-19-1977)

Any holder of a license whose license is revoked under this Chapter shall have the right, within ten (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 thirty (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 ten (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 its appeal. The determination of the City Council on the appeal shall be final. (Ord. 929, 4-19-1977)

The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held. (Ord. 943, 11-1-1977)

A. Disposition Of Proceeds: 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 as follows:

1. Such proceeds may be used for prizes. (Ord. 943, 11-1-1977)

2. A portion of such proceeds, not to exceed twenty percent (20%) of the proceeds before the deduction for prizes, or one thousand dollars ($1,000.00) per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel. (Ord. 1069, 2-19-1984)

B. Records Of Income And Expenses: The licensee shall keep by separate books full and accurate records of the income and expenses received and described in connection with its operation, conduct, promotion, supervision or any other phase of bingo games authorized by this Chapter. The City, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time and licensee shall fully cooperate with the City by making such records available. (Ord. 943, 11-1-1977)

No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. (Ord. 929, 4-19-1977)

A bingo game shall be operated and staffed only by members of the licensee organization. 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. Security personnel may be paid from proceeds of a bingo game if not members of the licensee organization. (Ord. 929, 4-19-1977; amd. Ord. 1069, 2-19-1984)

All bingo games shall be open to the public, not just to the members of the licensee organization. (Ord. 929, 4-19-1977)

Bingo games shall be conducted only within structures approved for public assembly as such is defined in the Uniform Building Code as adopted by the City and as evidenced by a valid certificate of occupancy as set forth in the Uniform Building Code as adopted by the City. Bingo games shall be permitted only in the interior of such structures and licensee shall not reserve seats or space for any person. (Ord. 1069, 2-19-1984)

A licensee shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, for ninety (90) or more days prior to date of application 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. 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 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. (Ord. 943, 11-1-1977; amd. Ord. 1069, 2-19-1984)

A. Consumption Of Alcoholic Beverages: The serving and consumption of alcoholic beverages is prohibited in the room where bingo games are being conducted.

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

C. Intoxicated Persons: No person who is obviously intoxicated shall be allowed to participate in a bingo game. (Ord. 929, 4-19-1977)

D. Participant Must Be Present: 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.

E. Interference With Inspection: No person shall interfere with, prevent, or refuse to permit a police officer to make an inspection or examination of any premises where bingo games are authorized to be conducted, for the purpose of determining whether the licensee is complying with the provisions of section 326.5 of the State Penal Code and the provisions of this Chapter.

F. Receipt Of Profit: It is a misdemeanor under section 326.5(b) of the State 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. (Ord. 943, 11-1-1977)