Chapter 5.20 — BINGO GAMES

State Law reference— For statutory provisions on bingo games for charity, see Penal Code §326.5.

Pursuant to Section 19, Article IV of the Constitution of the state of California, bingo games may be conducted in the city for the benefit of organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the Revenue and Taxation Code and for the benefit of mobile home park associations and senior citizens groups; provided, that the proceeds of such games are used only for charitable purposes.

(Ord. 343 §1, 1976)

As used in this section, "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. 343 §10, 1976)

Any organization wishing to conduct bingo games in the city shall apply to the finance director and receive a permit from the chief of police before conducting any such games. The appropriate fee set forth in Section 5.20.032 shall be paid to the finance director at the time of application and shall be nonrefundable.

(Ord. 343 §11, 1976; Ord. 432 §1, 1980)

The application and bingo permit shall be on forms approved by the city clerk. The chief of police shall investigate the application and issue a permit if the requirements of this chapter and of state law are met. The applicant shall immediately notify the chief of police in the event any information on the application or permit changes during the term of the permit. Any change immediately invalidates the bingo permit unless such change is noted on the permit and is approved by the chief of police. No additional fees will be charged during the unexpired term of the permit.

(Ord. 432 §2 (part), 1980)

Bingo game permits may be issued for one of the following terms. Fees will be charged according to the length of the term of the permit. A new application and permit are required upon expiration of the term of the permit. The terms and fees for bingo permits shall be as follows:

(Ord. 432 §2(part), 1980)

A nonprofit charitable organization shall conduct a bingo game only on property owned or leased by it, which property is used by such organization for an office or for performance of the purposes for which the organization is organized.

(Ord. 343 §3, 1976)

A bingo game shall be operated and staffed only by members of the nonprofit charitable organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision, or any other phase of such game.

(Ord. 343 §5, 1976)

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

(Ord. 343 §4, 1976)

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. 343 §8, 1976)

No minors shall be allowed to participate in any bingo game.

(Ord. 343 §2, 1976)

No individual corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game.

(Ord. 343 §6, 1976)

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.

(Ord. 343 §7, 1976)

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

(Ord. 343 §9, 1976)

It shall be the responsibility of the chief of police to ensure compliance with the provisions of this chapter. Any organization conducting bingo games within the city shall maintain and present appropriate accounting records to the chief of police on request.

(Ord. 432 §2 (part), 1980)

The city may bring an action to enjoin any violation of this chapter.

(Ord. 343 §12, 1976)

A.

The chief of police may suspend or revoke a permit for any violation of the provisions of this chapter or of any applicable state law or regulation, or for any false, misleading or fraudulent statement of a material fact in the application for the license or in the promotion, supervision, operation, conduct or staffing of any bingo game.

B.

If the chief of police determines that a bingo permit should be suspended or revoked, he shall serve on the permittee a notice of his intent with his reasons therefor. The notice shall provide for a suspension or revocation of the permit seven days after service of the notice upon the permittee, unless the permittee arranges to appear at a hearing before the chief of police and show cause why such action should not be taken. The chief of police shall issue his written decision within seven days after the conclusion of a show cause hearing.

C.

Any holder of a permit whose permit is revoked under this chapter shall have the right, within ten 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 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 days written notice of such hearing. At the hearing the appellant or his 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.

D.

Any permittee whose permit 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 chief of police.

(Ord. 432 §2(part), 1980)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. A person convicted of violating a provision of this chapter shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.

(Ord. 343 §13, 1976; Ord. 383 §1, 1978)