Fairfield Municipal Code Art. III Bingo

This article is enacted pursuant to Article IV, Section 19 of the California Constitution.

Pursuant to Penal Code Section 326.5, bingo games are authorized to be conducted pursuant to this article for the purpose of providing fund-raising opportunities for programming for Fairfield/Suisun youth in sports, culture, education and service, for other charitable purposes, and for students of the Fairfield-Suisun Unified School District and the Travis Unified School District.

(Ord. No. 94-28, § 1)

No person shall conduct or participate in a bingo game which is not licensed pursuant to this Article.

(a) Each organization seeking a license to conduct bingo games shall file with the chief of police an application fee of $50.00. If an application of a license is denied, one half of the application fee shall be refunded to the organization.

(b) The application shall include:

(1) The name and address of the organization which is seeking to conduct the game.

(2) The name and address of the charitable organization for whose benefit the game is conducted.

(3) The names and addresses of the officers of the organizations set forth pursuant to Section 12.203(b)(1) and (2).

(4) The building or location where the game will be conducted.

(5) The days or dates and hours during which the game will be conducted.

(6) Such other information as the chief of police deems relevant to the enforcement of this Article.

(Ord. No. 80-22; Ord. No. 85-23, § 1; Ord. No. 93-9, § 10)

The chief of police, director of planning and development, fire marshal, and chief of the building division shall investigate the applicants, and location of the proposed game to determine if the applicants meet the requirements of this Article, and to determine if the location and times of the games comport with the public health, safety, welfare, and morals.

(Ord. No. 80-22; Ord. No. 85-23, § 2; Ord. No. 93-9, § 10)

Upon finding that the applicant meets the qualifications of this Article, and that the location and times of the proposed game comports with the public health, safety, welfare, and morals, the chief of police shall issue a license to the authorized organization setting forth the location, times, and other welfare and morals in the conduct of the game.

(Ord. No. 80-22; Ord. No. 85-23, § 3; Ord. No. 93-9, § 10)

The chief of police may, upon notice and opportunity to be heard, revoke or suspend any license issued under this Article for cause.

(Ord. No. 80-22; Ord. No. 85-23, § 4; Ord. No. 93-9, § 10)

a. There is hereby imposed on all bingo licenses heretofore or thereinafter issued by the chief of police a monthly fee for law enforcement and public safety costs that are directly related to bingo activities. The City Council shall establish the fee annually by resolution. This additional fee shall be remitted to the director of finance on or before the 15th day of the following month.

Organizations licensed to conduct bingo games pursuant to Fairfield City Code Section 12.205 which receive $1,000 or less in net monthly income shall be exempt from paying this monthly fee.

b. A special investigation fee shall be charged to organizations licensed to conduct bingo whenever the Fairfield Police Department conducts a special investigation in response to a complaint. This fee shall not exceed the actual costs incurred by the Police Department.

(Ord. No. 97-4, § 1)

Bingo games shall be conducted only by (i) organizations exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), and 23701(l) of the Revenue and Taxation Code, whose principal purpose is to support youth activities in Fairfield/Suisun, (ii) by mobile home park associations, (iii) senior citizens organizations, and (iv) fraternal organizations as defined by Revenue and Taxation Code section 23701(l) provided, however, that an organization which conducts bingo games at a location described in Section 12.302(a) and (b) need not have the support of youth activities in Fairfield/Suisun as its principal purpose. The proceeds of such games shall be used only for charitable purposes. Each organization licensed by Section 12.205 which conducts bingo games at the locations described in Sections 12.302(c) and 12.302(d) shall make a contribution to the Fairfield Youth Foundation of one percent of all daily gross receipts in conformance with the provisions of Section 12.313.

(Ord. No. 94-28, § 2; Ord. No. 95-6, § 1)

No persons under 18 years of age shall be allowed to participate in any bingo games.

An organization authorized by Section 12.300 shall conduct a bingo game only at one of the following locations:

(a) Property whose use is donated to the organization and which property is used by such organization for an office or for performance of the purposes for which the organization is organized;

(b) Property owned by it;

(c) Property leased by it;

(d) A bingo center licensed pursuant to Section 12.312.

(Ord. No. 94-28, § 3)

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

A bingo game shall be operated and staffed only by members of the authorized 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, except for training purposes for which the trainer shall receive no consideration.

(Ord. No. 94-28, § 4)

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.

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

(a) Such proceeds may be used for prizes.

(b) A portion of such proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes, or one thousand dollars ($1,000) per month, whichever is less, may be used for the rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

(c) Such proceeds may be used to pay license fees.

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.

The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250) in cash or kind, or both, for each separate game which is held.

No person shall consume any alcoholic beverages on any premises where a bingo game is being conducted.

Licensees shall keep and maintain full, complete, and accurate records and accounts, and shall include in such accounts the amount of money obtained from players, the amount of money or type and value of prizes given for each game played, and the disposition of all funds generated by the conduct of bingo games. The city shall have the right to inspect such records at any reasonable time.

(Ord. No. 77-30, § 2)

(a) No permittee shall conduct any bingo game except between the hours of 9 AM and 2 AM, nor shall any permittee conduct bingo games more than two (2) days in any seven-day period.

(b) No more than two licensed bingo games shall occur in the City of Fairfield from 9 AM to 5 PM and no more than two licensed bingo games shall occur in the City of Fairfield from 5 PM to 2 AM provided that:

(i) The games conducted by a licensee whose average monthly gross receipts have been less than $5,000 during the previous 12 month period shall not be subject to the limitation of this Section 12.311(b); and

(ii) Any game conducted by a licensee prior to the effective date of this ordinance shall be allowed to continue on that day.

(c) The chief of police shall schedule all bingo games in accordance with the provisions of this Section.

(Ord. No. 94-28, § 5)

(a) For purposes of this Article, a "bingo center" shall be defined as a facility in which bingo games may be conducted up to seven days per week for which a bingo center license has been issued pursuant to Section 12.312(d).

(b) Only an organization authorized by Section 12.300 shall conduct a bingo game at a bingo center.

(c) Any organization conducting bingo games at a bingo center shall comply with the provisions of Section 12.311.

(d) Application for bingo center license:

(i) Any person wishing to operate a bingo center shall file an application for a bingo center license with the chief of police accompanied by an application fee of $75.00.

(ii) The application shall include:

(1) The name and address of the person which is seeking the license and the names and addresses of all persons who have or will have a financial interest in the bingo center;

(2) The building or location of the bingo center;

(3) The days and hours during which the bingo center will be open for operation;

(4) A statement that the applicant is familiar with laws of the City of Fairfield and the State of California regarding conducting bingo games;

(5) Such other information as the chief of police deems relevant to the enforcement of this Article.

(iii) The chief of police, director of planning and development, fire marshal, and chief of the building division shall review the application to determine if the location and times of the games comport with the requirements of this Article.

(iv) Upon finding that the applicant meets the qualifications of this Article, and that the location and times of the proposed games are consistent with the intent and purposes of this Article and Penal Code § 326.5, the chief of police shall issue a license to the applicant.

(e) License revocation:

(i) No license to operate a bingo center shall be suspended or revoked until after a hearing is held before the city manager or his designate to determine if there is just cause for such suspension or revocation.

(ii) Notice of such hearing shall be given to the licensee in writing at least twenty (20) calendar days prior to the date of the hearing. The notice shall state the grounds of the complaint against licensee, and the date, time and place of the hearing.

(iii) Notice of the hearing shall be delivered to the licensee in person, or by delivering notice to the bingo center, or by registered mail to the address furnished on the license.

(iv) Revocation - Grounds

Based upon the evidence presented at the hearing, the city manager may revoke or suspend the bingo center license if he finds any of the following:

(1) That the licensee has failed to meet any of the criteria set forth for granting of the license;

(2) That the licensee has provided false or fraudulent information during the application process;

(3) That the licensee has failed to comply with condition of this article or conditions or restrictions placed on the license holder;

(4) That the licensee has committed any fraud, embezzlement or theft associated with the operation of the bingo center;

(5) That the license is in violation of applicable sections of this case relating to the conduct of the business or maintenance of the premises;

(6) That the licensee or anyone holding a financial interest in the bingo center participates in a "criminal profiteering activity" as defined in Penal Code Section 186.2, or participates in a "criminal street gang" as defined in Penal Code Section 186.22.

(f) No person under the age of 18 shall be allowed in a bingo center during normal hours of operation as stated on the license; provided however that persons under the age of 18 may be present in a bingo center for the following purposes: to assist in setting up, to sell concessions and to assist in cleaning up.

(g) The bingo center licensee shall deposit gross receipts of the bingo center into one special fund or account and shall not comingle such funds or receipts with any other funds. The bingo center licensee shall keep and maintain full, complete and accurate records of all financial transactions of the bingo center, including both income and expenses. The City shall have the right to inspect such records at any reasonable time. The bingo center licensee shall file a monthly financial report with the police department on a form furnished by the chief of police. Such report will be due on the 15th day of each month for the preceding month’s income and expenses.

(h) Each bingo center licensed pursuant to this Article shall be open for inspection to any member of the police department, fire department, public works building inspection division for purposes of enforcement of this code or state law.

(i) The bingo center licensee shall pay as a surcharge to the business license required by Section 12.300 of this chapter, the amount of one percent (1%) of the annual gross receipts of the bingo center.

(Ord. No. 94-28, § 6)

(a) The receipts received by the Fairfield Youth Foundation pursuant to Section 12.300 of this Article shall be deposited into a special fund which shall be designated for and distributed to the sole and exclusive use of appropriate non-profit organizations which have as one of their primary objectives, the funding of programming for Fairfield/Suisun youth in sports, culture, education and service or students in the Fairfield-Suisun Unified School District or the Travis Unified School District.

(b) The Fairfield Youth Foundation shall develop guidelines, in consultation with the Community Services Director and the Community Services Commission, to guide the allocation of funds. These guidelines must be approved by the City Council prior to the disbursement of funds pursuant to subsection (a).

(c) The finance director shall develop appropriate reporting and accounting requirements to insure use of the revenues received by the Fairfield Youth Foundation in a manner which is consistent with this section and the guidelines approved by the City Council pursuant to Section 12.313(b).

(Ord. No. 94-28, § 7)