Firebaugh Municipal Code § 3-9 Bingo

[Ord. #88-3, S1]

It is the purpose of this section to authorize the playing of the game of chance generally known as "bingo" subject to and pursuant to the restrictions contained in Article IV, Section 19c of the Constitution of the State of California and Section 326.5 of the Penal Code of the State of California. Definitions, conditions and restrictions set forth in this section are intended to comply with and implement the Constitutional and Penal Code provisions. To the extent that any provision of this section is substantially the same as that contained in Section 326.5 of the Penal Code and violation thereof be deemed a violation of the Penal Code and punishable thereunder, such provisions of this section shall be deemed explanatory only.

[Ord. #88-3, S1; Ord. #00-11, S1]

For the purpose of this chapter the following words shall have the following meanings:

BINGO

Shall mean 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.

CHURCH

Shall mean any organized religious group of any denomination with an organized governing body, ministry, membership and a fixed place of worship at which regular meetings of religious services are held.

LICENSE CLERK

Shall mean the license Clerk of the City of Firebaugh.

NONPROFIT CHARITABLE ORGANIZATION

Shall mean any church or other nonprofit charitable organization exempted from the payment of bank and corporation taxes by sections 23701a, 23701b, 23701c, 23701d, 23701f, 23701g, or 237011 of the Revenue and Taxation Code and to which a contribution or gift would be deductible under section 170 of the Internal Revenue Code of 1986. For the purposes of this section only, nonprofit charitable organization includes mobile home park associations and senior citizens organizations.

[Ord. #88-3, S1]

A nonprofit charitable organization having in effect a license therefor from the license Clerk pursuant to the provisions of this section may conduct a bingo game for charitable purposes subject to all conditions and restrictions contained in section 326.5 of the Penal Code of the State of California and this section.

[Ord. #88-3, S1; Ord. #00-11, S1]

A nonprofit charitable organization may apply to the license Clerk for a license to conduct a bingo game. The application shall be upon forms provided therefor by the license Clerk and shall be accompanied by a fee as established by resolution of the City Council of the City of Firebaugh. An additional fee of 1% of the monthly gross receipts more than $5,000 derived from bingo games shall be collected by the license Clerk. If the applicant is a church, it shall provide proof to the satisfaction of the license Clerk that it comes within the definition of a church as defined in subsection 3-9.2. If the applicant is other than a church, mobile home park association, or senior citizens organization, it shall attach to the application a letter from the Internal Revenue Service stating that it is a charitable organization to which a contribution or gift would be deductible under section 170 of the Internal Revenue Code of 1986.

[Ord. #88-3, S1]

The application for a license for conducting bingo games shall contain the following:

a. The name of the organization together with the names, signatures and addresses of all the officers of the organization and that the applicant is an eligible organization pursuant to the provisions of this section;

b. The address of the premises where the bingo game is proposed to be conducted;

c. A statement of the ownership, or lessor and lessee of the premises;

d. 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. Name and address of the person responsible for the operation of the bingo game and those persons assisting therein;

f. Days and hours of proposed operation of bingo games;

g. Such further information as may be required by the license Clerk.

Said application shall be signed by the principal officer of the applicant under penalty of perjury.

[Ord. #88-3, S1]

The filing of an application for a license shall be deemed a consent by the applicant for the police department, sheriff, or other person designated by the City, to make an investigation to determine if all the statements on the application are true and to investigate the officers of the applicant and the persons who will be responsible for the operation of the bingo game and those persons assisting therein as to any criminal record which they may have and to disclose the same to the license Clerk and the City Council upon an appropriate hearing. The application shall also be deemed consent for the county health officer, the fire official and the City engineer to inspect said premises and report thereon.

[Ord. #88-3, S1]

Immediately upon receipt of a proper application, the license Clerk shall furnish copies thereof to the City administrator, the health officer of the County, the City engineer and the fire official having jurisdiction over the site of the premises, each of which shall make an investigation as specified in this section and report back to the license Clerk within 10 days after the receipt of such application with a recommendation thereon.

[Ord. #88-3, S1]

On the City's request, the police department or the sheriff shall obtain the criminal history information, if any, of the principal officers of the organization operating the bingo game and each person operating or assisting in the operation of the game. In the event that any such person is found to have been convicted within the last five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude or during such period has been in any way connected with illegal gambling, he shall recommend against the issuance of a license, otherwise he shall recommend its issuance.

[Ord. #88-3, S1]

The health officer shall examine the premises for the sufficiency of sanitary facilities to serve the maximum number of persons which may be reasonably expected to be present at any one time during the operation of the bingo game and for conditions which might endanger the public health, safety and well-being. In the event he finds such sanitary facilities to be inadequate or other conditions to exist which might endanger the public health, safety and well-being, he may in his discretion recommend against the issuance of the license or recommend such conditions be attached thereto as in his opinion will adequately safeguard the public health, safety and well-being.

[Ord. #88-3, S1]

The City engineer shall investigate the premises and surroundings for the safety of the structure, adequacy of parking facilities and any other condition which in the opinion of the City engineer might endanger the public health, safety and well-being or constitute a nuisance, and the City engineer may in his discretion based thereon recommend denial of the license or the attachment thereto of such conditions as will in his opinion adequately protect the public health, safety and well-being and preclude the existence of a nuisance.

[Ord. #88-3, S1]

The fire official having jurisdiction over the site shall investigate the premises for fire hazards and shall recommend the maximum number of persons who may be present in the premises during the conduct of bingo games. In the event he finds any condition to exist which might endanger the public health, safety and well-being from the standpoint of fire danger he may recommend against the issuance of the license or the attachment thereto of such conditions as will in his opinion adequately safeguard the public health, safety and well-being.

[Ord. #88-3, S1]

In the event the City administrator, police department, sheriff, health officer, City engineer or fire official recommend against the issuance of the license, the license Clerk shall refuse to issue the license and shall retain the applicant's fee.

[Ord. #88-3, S1]

In the event the license Clerk refuses to issue such license or attaches conditions thereto recommended by the City administrator, police department sheriff, the health officer, City engineer or fire official, the applicant, may within 10 days after the notice is given of such refusal or such conditions, appeal the same to the City Council who shall hold a hearing thereon and whose decision shall be final. The council may attach additional conditions to the license found by it to be necessary to protect the public health, safety and well-being.

[Ord. #88-3, S1]

In the event the license Clerk does not receive a recommendation against the issuance of the license, he shall issue the same for a period of one year, which said license shall contain the following information:

a. The name 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 to be conducted;

d. The date of expiration of the license;

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

f. Such conditions as may have been recommended by the City administrator, police department, sheriff, health officer, City engineer or fire official.

[Ord. #88-3, S1]

A licensee shall keep the license posted in a conspicuous place within the room in which bingo is being played during the conduct of any such game. The licensee shall produce and exhibit the same whenever requested to do so by any peace officer, health officer, City engineer, fire official, or City official.

[Ord. #88-3, S1]

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

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

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

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 being conducted;

d. The total value of prizes awarded during the conducting of any bingo games shall not exceed $250 in cash or 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 license shall issue chips or money to a patron on credit or a loan, including but not limited to IOU's and checks to be held, nor shall patrons be allowed to pay on credit;

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

h. No licensee shall conduct any bingo game more than six hours out of any twenty-four-hour period and no bingo game shall be conducted except between the hours of 12:00 noon and 12:00 midnight;

i. Any condition attached to the license;

j. The licensee shall post and keep posted in a conspicuous place within the room in which bingo is being played the rules and regulations of said game;

k. Conduct any bingo game after the license therefor has expired or during any period which it is suspended.

[Ord. #88-3, S1]

Any 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 except that security personnel employed by the licensee may be paid from revenues of the bingo games. Only the licensed organization shall operate such game or participate in the promotion, advertising, supervision, or other phase of the game, and no wage, salary or other payment may be made on account thereof from funds received from such games.

[Ord. #88-3, S1]

All equipment used by the licensee in conducting the bingo game or any way related thereto shall be owned outright by the licensee and no rent, license fee, installment payment or purchase price shall be paid directly or indirectly from the proceeds of the bingo game.

[Ord. #88-3, S1]

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

[Ord. #88-3, S1]

a. All profits derived from a bingo game shall be kept in a separate fund or account and shall not be commingled with any other fund or account.

b. All proceeds from bingo games shall be used only for charitable purposes except as otherwise permitted by Penal Code Section 326.5(k).

[Ord. #88-3, S1]

Each licensee conducting a bingo game shall maintain detailed records of all profits, expenditures, prizes and other expenses relating to the operation of the bingo game. 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 accounts, shall be open for inspection at any time by the sheriff, license Clerk or any state or federal official in the performance of his duties.

[Ord. #88-3, S1]

Any change during the license period in the organization of the licensee, its principal officers, the staff operating or assisting in the operation of the bingo game, or the condition of the premises shall be immediately reported to the license Clerk who shall refer such changes to the appropriate official who shall make an investigation thereof and, if he deems appropriate, recommend the suspension and revocation of the license or the imposition of additional conditions thereto, which suspension, revocation, or additional conditions, shall be appealable to the City Council as in the instance of an original application.

[Ord. #88-3, S1]

Within 15 days after the last day of each quarter during the license period the licensee shall file a report, under penalty of perjury, on a form provided by the license Clerk containing the following information:

a. Any changes in or additions to the information required in the application;

b. The total amount of money received from the operations of bingo games during each of the previous three months;

c. The total amount paid out in prizes;

d. Detailed costs to the licensee of the operation of the bingo games;

e. All disbursements from the special fund required by this section.

[Ord. #88-3, S1]

Any license granted under this section shall not be transferable either as to the licensee or the location. Any attempt to transfer shall render the license invalid.

[Ord. #88-3, S1]

Any license issued under this section shall be immediately suspended by the license Clerk upon the recommendation of either the police department or sheriff, the health officer, the director of public works or the fire official, which recommendation must be based upon either violation of this section by the licensee or the discovery of some condition which would have caused a recommendation to have been made against the issuance of the license. Such suspension shall result in the automatic revocation of the license 15 days after the notice thereof unless within 10 days after the receipt of such notice the licensee appeals the suspension and revocation to the City Council. In the event of such appeal, the City Council shall hold a public hearing thereon and its decision shall be final. The suspension shall remain in effect pending decision by the council.

[Ord. #88-3, S1]

A licensee desiring to continue the conduct of a bingo game shall at least 30 days before the expiration of the license make application to the license Clerk for a renewal. The application for renewal shall be accompanied by the fee, proofs and be processed in all respects as an original application.