Chapter 5.15 — BINGO GAMES

A. A license shall be required to play bingo, when such games are authorized under the Penal Code. Only those organizations authorized by state law may apply for or be issued a bingo license. The chief of police may issue a bingo license to authorized organizations to conduct bingo games, including remote caller bingo games, upon payment of an annual license fee subject to the conditions set forth in this chapter. As used in this chapter, and pursuant to Penal Code Section 326.5, “bingo” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player’s possession which conform to the numbers or symbols selected at random and announced by a caller.

B. Any license issued pursuant to this chapter shall be valid until the end of the calendar year,
at which time the license shall expire. A new license shall only be obtained upon filing a
new application and upon payment of the license fee. The fact that a license has been issued
to an applicant creates no vested right on the part of the licensee to continue to play bingo.
The city council expressly reserves the right to amend or repeal this chapter at any time. If
this chapter is repealed, all licenses issued pursuant to this chapter cease to be effective for
any purpose on the effective date of the repealing legislation.

C. An application and annual fee for a bingo license shall be set by resolution of the city
council. An additional fee, as set by resolution of the city council, for law enforcement and
public safety costs incurred by the city that are directly related to bingo activities shall be
collected monthly by the city.

D. If an application for a license is denied, one-half of any license fee paid shall be refunded
to the organization. Such license may be suspended or revoked by the police chief upon the
violation of any provision of this chapter.

E. A bingo license is issued to a person or organization only for use at the location approved
in the license.

F. An applicant for a bingo license shall file a verified application with the chief of police.
The application shall include, among other things, the following:

1. The true name of the applicant, together with the names of all persons directly or
indirectly interested (involved) in the conduct of the bingo games.

2. A certificate issued by the Franchise Tax Board of the state certifying that the
applicant is exempted from the payment of the bank and corporation tax by California
Revenue and Taxation Code Section 23701d.

3. Whether any permit or license heretofore granted to the applicant to engage in any business or do any act within the city has been revoked or denied, and, if so, the circumstances surrounding the revocation or denial. 4. The location and description of the premises upon which the applicant proposes to conduct bingo games and a statement of the property interest of the applicant in the premises as owner, lessee, or otherwise. If applicant is not the owner of the premises, the owners shall join in the application. 5. All criminal convictions, within five years preceding the filing of the application, of offenses involving: a. The operation of bingo games; b. Any gambling offense; c. Violations of narcotics law; and d. Offenses involving moral turpitude. 6. A statement that the applicant understands that a State Summary Criminal History information will be sought from the Attorney General and that the information obtained therefrom may be included in the report and recommendation of the chief of police and in any hearing before the city council on said application. 7. Such further information bearing on the identity and relevant history of the applicant or the use, location or condition of the premises as the city may require. 8. A statement that the applicant understands that the application shall be considered by the chief of police only after full investigation and report have been made and conducted. 9. Any other information reasonably necessary to permit the chief of police to determine that the bingo operation and games will be conducted in compliance with this chapter and all applicable state laws and regulations. 10. Each application shall be accompanied by an investigation fee in an amount established by resolution of the city council. 11. Prior to the issuance of a bingo license, the applicant shall demonstrate compliance with all the provisions of this chapter and applicable provisions of state law.

   G. Any organization currently licensed at the time of the adoption of the ordinance codified in this chapter shall comply with the licensing requirements in this chapter at or before the end of the calendar year in order to maintain or obtain a license.

   H. No license to conduct bingo games shall be issued until the chief of police has verified the facts stated in the application and determined that the applicant is qualified.

I. The chief of police shall deny or approve the application for a bingo license within thirty days of submission of a completed application. A denial of a license may be appealed to the city manager whose decision shall be final. (Ord. 1138 § 2 (part), 2010)

A. All licensing conditions required by Sections 326.3 and 326.5 of the Penal Code shall apply to any license issued by the city, for any bingo game, including remote caller bingo games, unless expressly stated otherwise in the chapter.

B. No person, organization, or other legal entity shall be issued a bingo license to conduct bingo games in the city unless such persons, organizations, or other legal entities possess
any required licensing from the state of California, a valid certificate or letter from the
State Franchise Tax Board evidencing that they are exempt from taxes imposed under the
Corporation Tax Law by Sections 23701-a, 23701-b, 23701-d, 23701-e, 23701-k, 23701-w,
23701-f, 23701-g and 23701-l of the Revenue and Taxation Code or is a mobile home
park association or a senior citizen organization or a charitable organization affiliated
with a school district; and provided, that the proceeds from such games are used only for
charitable purposes; and provided, that the organization possesses a valid license issued
pursuant to the provisions of this chapter.

C. The following conditions are imposed under Sections 326.3 and 326.5 of the Penal Code,
and shall apply to any license issued under this chapter:

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

2. The licensed organization shall conduct a bingo game only on property owned or
leased by it, or property whose use is donated to the organization, and which property
is used by such organization for which the organization is organized. For purposes of
this subsection, property owned or leased by, or whose use is donated to, the
organization shall not be required to be used or leased exclusively by, or donated
exclusively to, that organization. No bingo games shall be conducted in or upon
property that is residentially zoned, except manufactured home communities, unless
within church or school buildings maintained pursuant to a valid conditional use
permit.

3. A bingo game shall be located and so arranged that the tables and players are plainly
visible from the main entrance door opening to the game, which shall be unlocked
during any bingo game. No wall, partition, screen, or similar structure between such
door opening and any table shall be permitted if it interferes with such visibility.

4. Bingo games may only be conducted between the hours of 7:00 a.m. and 11:00 p.m.
and only two days each week, except that a licensee may hold one additional game,
at its election, in each calendar quarter. All bingo games shall be open to police
inspection of the premises and equipment at all times. Hours of operation may be
further restricted pursuant to the conditional use permit.

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

6. All bingo games shall be operated and staffed only by members or unpaid volunteers
of the licensed organization. Such members shall not receive a profit, wage, or salary
from any bingo game. Only the licensed organization shall operate such game, or
participate in the promotion, supervision, or any other phase of such game. This
subsection does not preclude the employment of security personnel who are not
members of the authorized organization at a bingo game by the organization
conducting the game.

7. No individual, corporation, partnership, or other legal entity except the licensed
organization shall hold a financial interest in the conduct of any bingo game.

8. All profits derived from any bingo game shall be kept in a special fund or account and
shall not be commingled with any other fund or account. Between January 1st and

15th of each year, each licensed organization shall submit to the police chief a
statement of income and expenses for the preceding period of January 1st and
December 31st.

9. No person shall be allowed to participate in any bingo game unless the person is
physically present at the time and place in which the bingo game is being conducted.
A person shall be deemed to be physically present at the place where the remote caller
bingo game is being conducted if he or she is present at any of the locations
participating in the remote caller bingo game in accordance with this section.

10. The total value of prizes awarded during any bingo game shall not exceed five
hundred dollars, in cash or kind or both, for each separate game which is held. Only
one bingo game shall be conducted at a time.

11. The chief of police may suspend or revoke the bingo license for failure to comply
with the provisions of this chapter. Any suspension or revocation may be appealed to
the city manager whose decision shall be final.

12. Notwithstanding any other provisions in this code, any hearing required pursuant to
this chapter shall be conducted informally and the rules of evidence shall not apply.
The parties may present witnesses and evidence and the city manager shall render his
or her decision within fifteen days of the conclusion of the hearing.

D. The foregoing conditions shall be printed upon each license. Such license shall be
displayed in the room where bingo games are conducted.
(Ord. 1138 § 2 (part), 2010)

A. Remote caller bingo games as provided for in Penal Code Sections 326.3 and326.4 may be lawfully played in the city of Folsom upon issuance of a bingo license which authorizes the license holder to conduct remote caller games pursuant to the provisions of Sections 326.3 and 326.4 of the Penal Code.

B. Pursuant to Penal Code Section 326.3(u)(1), “remote caller bingo game” means a game of
bingo, as defined in subdivision (o) of Section 326.5, in which the numbers or symbols on
randomly drawn plastic balls are announced by a natural person present at the site at which
the live game is conducted, and the organization conducting the bingo game uses audio and
video technology to link any of its in-state facilities for the purpose of transmitting the
remote calling of a live bingo game from a single location to multiple locations owned,
leased, or rented by that organization, or as described in subdivision (o) of Penal Code
Section 326.3. The audio or video technology used to link the facilities may include cable,
Internet, satellite, broadband, or telephone technology, or any other means of electronic
transmission that ensures the secure, accurate, and simultaneous transmission of the
announcement of numbers or symbols in the game from the location at which the game is
called by a natural person to the remote location or locations at which players may
participate in the game. The drawing of each ball bearing a number or symbol by the natural
person calling the game shall be visible to all players as the ball is drawn, including through
a simultaneous live video feed at remote locations at which players may participate in the
game.

C. Any license issued to any organization to conduct remote caller bingo games shall be subject to the provisions of Section 326.3 of the Penal Code, and the additional
requirements prescribed in this chapter, unless expressly stated otherwise in this chapter.

D. In addition to obtaining a license in accordance with the provisions of this chapter, any
organization conducting a remote caller bingo game must first obtain a conditional use
permit pursuant to Chapter 17.60 authorizing the playing of bingo games at a particular
location. The conditional use permit may impose additional conditions necessary for the
protection of the public health, safety and general welfare of the community in which the
game is proposed and the city of Folsom.

E. Notwithstanding any provision of this chapter, pursuant to Penal Code Section 326.3 the
value of prizes awarded during the conduct of any remote caller bingo game may amount
to, but shall not exceed, thirty-seven percent of the gross receipts for that game. Progressive
and cash prizes are prohibited. Every remote caller bingo game shall be played until a
winner is declared. The organization conducting the remote caller bingo game may issue a
check to the winner at the time of the game, or may send a check to the declared winner by
United States Postal Service certified mail, return receipt requested.

F. A remote caller bingo game may allow only that number of players permitted under the
conditional use permit and in no case greater than the maximum capacity of the building in
which the game is played and shall never exceed seven hundred fifty persons pursuant to
Penal Code Section326.3.

G. Remote caller bingo games may be conducted at the licensed location as a live or remote
location.
(Ord. 1138 § 2 (part), 2010)

It shall be unlawful to operate bingo games in violation of this chapter. It shall be unlawful for any person to knowingly violate any provisions of this chapter. Any person who violates any provisions of this chapter shall be guilty of a misdemeanor pursuant to Penal Code Sections 326.3 and 326.5, or an administrative violation punishable as follows:

A. This chapter shall be enforced pursuant to the provisions of Chapters 1.08 through 1.10,
inclusive.

B. The chief of police shall enforce the provisions of this chapter.
(Ord. 1138 § 2 (part), 2010)

A. A violation of this chapter shall be an administrative violation as defined in Section 1.08.020.

B. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be
available for enforcement of the provisions of this chapter.

C. Based upon the criteria for the imposition of administrative sanctions set forth in Section
1.09.014, a violation of this chapter shall be deemed a Level A violation, as that term is
described in Section 1.09.012. The range of monetary sanctions available for a violation of
this chapter shall be as set forth in Section 1.09.012(A)(1).

(Ord. 1138 § 2 (part), 2010)

Notwithstanding the procedure for administrative violations provided in Chapters 1.08 through 1.10, no notice to correct as provided in Section 1.09.023 shall be required prior to issuance of a notice of administrative violation. (Ord. 1138 § 2 (part), 2010)