Farmersville Municipal Code Ch. 5.08 Bingo

Pursuant to Section 19, Article IV of the Constitution of the state of California, and Section 326.5 of the Penal Code of the state of California, bingo games may be conducted in the city for the benefit of organizations which have their principal meeting place in the city and are exempt from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701e, 23701f, 23701g and 23701(l) of the Revenue and Taxation Code and for the benefit of mobile home park associations located within the city and senior citizen groups who have their principal meeting place within the city; provided, that the proceeds of such games are used only for charitable purposes except as provided for in this chapter.

(Ord. 335 § 1, 1989)

For purposes of this chapter, the following words and phrases shall have the meanings set forth in this chapter:

A. "Bingo" means a game of chance at which prizes are awarded on the basis of designated number of symbols on a card which conform to numbers or symbols selected at random, notwithstanding Section 330c of the California Penal Code, as used in this chapter, 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 playing or operation of the bingo game. All such printed cards shall bear the legend "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance."

B. "Chief of police/fire" means the chief of police of the city of Farmersville.

C. "City" means the city of Farmersville.

D. "City clerk" means the city clerk of the city of Farmersville.

E. "City council" means the city council of the city of Farmersville.

F. "City manager" means the administrative head of the city under the direction and control of the city council.

G. "Fire department" means that individual designated by the city manager or chief of police/fire to perform fire inspections for the city.

H. "Minor" means any person under the age of eighteen years.

I. "Mobile home park associations" means any organization meeting the following criteria:

1. The purpose of the organization is to improve the social, recreational, economic, medical and/or housing conditions of individuals living within a mobile home park within the city.

2. The membership in the association shall be limited to individuals either owning or renting property within the mobile home park.

3. The association shall have a duly adopted constitution or bylaws stating the purpose of the association and the qualifications of membership and providing for the election of officers and which shall meet at least once each month.

4. The principal meeting place is in the mobile home park which the association represents.

J. "Nonprofit organization" means any tax exempt organization, senior citizen organization or mobile home park association as such terms are defined in this section.

K. "Planning department" means that individual designated by the city manager or city council to perform those planning responsibilities of the city.

L. "Senior citizen" means any person of age 60 or older, or any person of age fifty or older who no longer engages in full-time employment.

M. "Senior citizen organization" means any organization meeting the following criteria:

1. The purpose of the organization is to improve the social, recreational, economic, medical and/or housing conditions of senior citizens within the city.

2. Membership in the organization shall be limited to senior citizens and their spouses.

3. The organization shall have a duly adopted constitution or bylaws stating the purpose of the organization, the qualifications of membership, providing for the election of officers and which shall meet at least once each month.

4. The principal meeting place of the organization is within the corporate limits of the city.

N. "Tax exempt organization" means any organization exempted from the payment of the bank and incorporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701(l) of the Revenue and Taxation Code, mobile home park associations and senior citizen organizations meeting the criteria in this chapter.

(Ord. 335 § 1(part), 1989)

It is unlawful for any person to conduct any bingo game in the city unless such person is a member of a nonprofit organization, senior citizen group or mobile home association acting on behalf of such group which has been issued a license as provided for in this chapter.

(Ord. 335 § 1(part), 1989)

Any organization wishing to conduct bingo games in the city shall apply to the city clerk and receive a license from the city manager before conducting any such games. The appropriate fee as set forth in the city's comprehensive fee resolution shall be paid to the city at the time of application or its renewal and shall be nonrefundable except as provided for in Section 5.08.060.

(Ord. 335 § 1(part), 1989)

If the applicant is a tax exempt organization, it shall accompany the application with a certificate or letter from the State Franchise Tax Board stating the applicant is exempt from the payment of bank and corporation taxes or other proof satisfactory to the city clerk that the organization is a tax exempt organization as provided for in the State's Revenue and Taxation Code. If the applicant is a senior citizen organization, or mobile home park association, it shall provide proof to the satisfaction of the city clerk that it satisfies the criteria provided for in Section 5.08.020(I) or (M) of this chapter. Such proof may include, but is not limited to a copy of the organization's constitution and/or bylaws. The application shall contain the following:

A. The name of the organization proposing to conduct such games together with the names, signatures and addresses of all officers of the organization;

B. The address of the premises where the bingo games are proposed to be conducted;

C. The names of the owners and, if any, leasees of the premises where the bingo games are proposed to be conducted;

D. The principal purpose for which the premises are used by the organization together with the length of time for which the premises have been so used;

E. The name, address and photograph of the person primarily responsible for the operation of the bingo game and the names and addresses of those persons assisting therewith;

F. The days and hours proposed for the operation of bingo games;

G. Proposed arrangements for security;

H. Diagram of the location clearly showing room layout, restroom facilities, exits, fire protection equipment and parking;

I. Such other information as may be required by the city clerk;

J. The application shall be signed by a principal officer of the applicant under penalty of perjury.

(Ord. 335 § 1(part), 1989)

Filing of an application for a license to conduct a bingo game within the city shall be deemed consent by the applicant for the city clerk and/or designee to conduct an investigation to determine if all the statements on the application are true, to investigate the officers of the applicant and the person who will be primarily responsible for the operation of the bingo game and those persons who will assist therein as to any criminal record which they may have, and to disclose such information to the city manager and upon appeal to the city council. The filing of an application shall also be deemed consent for the city to inspect the premises as may be necessary in order to meet fire department and zoning requirements.

(Ord. 335 § 1(part), 1989)

The city clerk shall determine if all the statements on the application are true and shall obtain the criminal record, if any, of the principal officers of the organization, each person who will be primarily responsible for the operation of the bingo game and those persons who will assist therein. The city clerk shall recommend the issuance of a license; except:

A. In the event the city clerk finds any of the statements on the application to be false, she may recommend against its issuance, and in the event she finds any officer of the organization or person who will be primarily responsible for the operation of the bingo games or any person who will assist therein to have been convicted within the last ten years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion or fraud, she shall recommend against the issuance.

B. Finds that the chief of police, fire department or planning department recommends against the issuance of the license due to violations of the city's fire code, zoning law, unsafe condition of the property, conflicts with city zoning or building law or prior or current criminal activity.

C. It is determined by the city clerk that the organization applying for the license has failed to comply with any provisions of this chapter within the last two years.

(Ord. 335 § 1(part), 1989)

In the event the chief of police, fire department or planning department recommends against the issuance of the license or the city clerk has made any of the findings as provided for in Section 5.08.055 of this chapter the city manager shall refuse to issue such license and one-half of any license fee paid shall be refunded to the organization that filed the application, unless the denial is overruled by the city council.

(Ord. 335 § 1(part), 1989)

Any applicant or licensee may appeal to the city council any order or action of the city manager respecting the issuance, denial, modification, suspension or revocation of any bingo license. Any appeal of the denial to issue, a suspension of, a revocation of, modification of or suspension of a license applied for or previously granted shall be made by an officer or the organization affected by such action to the city council within fifteen days of the action thereof. In the event the appeal if not filed within the fifteen-day period, the applicant or licensee waives all further rights of appeal and the organization shall wait a minimum of six months before the reapplying for a bingo license.

(Ord. 335 § 1(part), 1989)

In the event the city manager does not receive a recommendation against the issuance of the license, he shall issue the same for a period of two years, such license shall contain the following information:

A. Name, principal address and nature of the organization to whom the license is issued;

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

C. The maximum occupancy of the room in which the bingo games are being conducted;

D. The date of the commencement of the license;

E. The date of the expiration of the license;

F. The days and hours during which bingo may be conducted;

G. Such conditions as may have been recommended by the city clerk, chief of police, planning department or fire department.

(Ord. 335 § 1(part), 1989)

The licensee shall keep the license posted in an conspicuous place within the room in which bingo is being played during the conduct of any such games. The licensee shall produce and exhibit the same whenever requested to do so by the city manager, city clerk, chief of police or police officer of the city.

(Ord. 335 § 1(part), 1989)

Any license granted under this chapter shall not be transferred either as to the licensee or the location. Any use of the license other than by the named licensee or other than at the address where the bingo games are authorized to be conducted shall render the license invalid.

(Ord. 335 § 1(part), 1989)

It is unlawful for any bingo games to be operated in violation of any of the following conditions:

A. No minor shall be allowed to participate in any bingo games.

B. All bingo games shall be open to the public, not just to the members of the nonprofit organization, senior citizen group or mobile home park association member.

C. 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 conducted.

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

E. Attendance at any bingo game shall be limited to the occupancy capacity of the room as set forth in the license.

F. No licensee shall issue chips or money to a patron on credit or a loan including but not limited to I.O.U.'s and checks to be held, nor shall patrons be allowed to play on credit.

G. No person who is obviously intoxicated shall be allowed to participate in any bingo games.

H. No licensee shall conduct any bingo game except between the hours of twelve noon and ten p.m., nor shall any licensee conduct bingo games for more than six hours during any twenty-four period nor shall any licensee conduct bingo games more than two days in any seven-day period.

I. No person shall violate any of the conditions attached to the license.

J. Licensee shall post and keep posted in an conspicuous place within the room in which bingo is being played the rules and regulations of the game.

K. No person shall conduct any bingo game after the license therefore has expired or during any period in which it is suspended.

L. The licensee shall conduct a bingo game only on property owned, leased by it or donated to it and which property is used by such organization for an officer, as a regular meeting place or for performance of the purposes for which the organization was organized. Nothing in this subsection shall be constituted to require that the property owned, leased or donated by/to the organization be used, leased or donated exclusively by/to such organization.

M. The licensee shall keep a written record of the name, address, phone number and date of birth of each person receiving a prize for three years, which record shall be made available to the city manager or his designee upon request.

(Ord. 335 § 1(part), 1989)

Any bingo game shall be operated and staffed only by member of the licensee organization. Such members shall not receive a profit, wage, salary or other form of compensation from any bingo games. Only the licensee shall operate such games or participate in the promotion, advertising, supervision or other phases of the game and no wage, salary or other payment may be made on account thereof from funds received from such game. This section is not intended to preclude the employment of security personnel who are no members of the licensee organization at such bingo games by the organization conducting the game or to preclude the payment of the security personnel from revenues of the bingo games.

(Ord. 335 § 1(part), 1989)

All equipment used by the licensee in conducting the bingo game shall be owned by the licensee.

(Ord. 335 § 1(part), 1989)

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

(Ord. 335 § 1(part), 1989)

All profits derived from a bingo game shall be kept in a special fund or account; it shall not be commingled with any other fund or account of the organization authorized to conduct the game. Such proceeds shall be used only for charitable purposes, except as provided as follows:

A. Such proceeds may be used for prizes;

B. A portion of such proceeds, not to exceed twenty percent of the proceeds before the deduction for prizes or one thousand dollars 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.

D. In the event that the monthly gross receipts from bingo games of an organization licensed under this chapter exceeds five thousand dollars, a minimum of ten percent of that month's proceeds shall be used only for charitable purposes not related to the conducting of bingo games within one year and the balance shall be used for prizes, rental of property, overhead, administrative expenses and payment of license fees. The amount of proceeds used for rental of property, overhead and administrative expenses shall not exceed twenty percent of the proceeds before the deduction of prizes or one thousand dollars per month, whichever is less.

(Ord. 335 § 1(part), 1989)

Each licensee conducting a bingo game shall maintain detailed records of all proceeds, profits, expenditures, prizes, charitable donations and other expenses related to the operation of bingo. Such records shall be retained for a period of three years and as long thereafter as may be required by any state or federal law. Such records including related bank statements and accounts, shall be open for inspection at any time by the city manager or his designee or any city, state or federal official in the performance of his duties.

(Ord. 335 § 1(part), 1989)

Thirty days after June 30th and December 31st during the license period, the licensee shall file a report under the penalty of perjury with the city manager containing the following information:

A. Any change in or additions to the information required in the application;

B. The total amount of money received from the operation of bingo games during the previous six-month period;

C. The total amount paid out in prizes;

D. Detailed costs to the licensee for the operation of the bingo games during the report period;

E. Charitable contributions made from the bingo fund during the report period;

F. All other disbursements from the fund during the report period;

G. Failure to timely file reports shall be grounds for suspension, revocation or nonrenewal of the license.

(Ord. 335 § 1(part), 1989)

Any change during the license period in the organization of the licensee, its principal officers, staff operating or assisting in the conduction of the bingo game or the condition of the premises shall be immediately reported to the city manager who shall refer such changes to the appropriate city official who shall make an investigation thereof and, if he deems appropriate, recommends the suspension or revocation of the license or the imposition of additional conditions thereof, which suspension, revocation or additional conditions shall be appealable to the city council as provided for in this chapter.

(Ord. 335 § 1(part), 1989)

Any license issued under this chapter shall be immediately suspended by the city manager upon his own recommendation or upon the recommendation of the city clerk, chief of police, the planning or fire department, based upon either a violation of this chapter by the licensee or its agents or the discovery of some condition which would have grounds for denial of the license during the application process. Such suspension shall result in the automatic revocation of the license fifteen days after the notice thereof unless the licensee appeals the suspension or revocation to the city council as provided for in this chapter. The suspension shall remain in effect pending a decision by the city council.

(Ord. 335 § 1(part), 1989)

A licensee desiring to continue conducting a bingo game, shall at least sixty calendar days before the expiration of the license make application to the city for renewal. The application for renewal shall be accompanied by the same fee, proofs and information as required for a new application and shall be processed in all respects as the original application.

(Ord. 335 § 1(part), 1989)

All fees provided for under this chapter may be established, modified, adjusted or revoked by the adoption of a resolution by the city council.

(Ord. 335 § 1(part), 1989)

The city manager may bring action to enjoin any violation of this chapter, or may amend or add conditions to a license, may suspend a license or revoke a license as provided for in this chapter.

(Ord. 335 § 1(part), 1989)

A. Except as provided for in subsection B of this section, any violation of any provision of this chapter shall be punishable as set forth in Chapter 1.12 of this code.

B. Any person violating any provision of Section 5.08.085 shall be deemed guilty of a misdemeanor and shall be punishable by a fine not to exceed ten thousand dollars.

(Ord. 335 § 1(part), 1989)