Fowler Municipal Code Ch. 11 Bingo Games

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

(§ 2, Ord. 84-3, eff. April 5, 1984)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Bingo" shall mean a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which numbers or symbols conform to numbers or symbols selected at random.

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

"License Collector" shall mean the City Clerk.

"Nonprofitable charitable organization" shall mean any church or other nonprofit charitable organization exempted from the payment of bank and corporation taxes by Section 23701d of the Revenue and Taxation Code of the State and a contribution or gift to which would be a charitable contribution under Section 170 (c) (2) of the Internal Revenue Code of 1954.

(§ 2, Ord. 84-3, eff. April 5, 1984)

A nonprofit charitable organization having in effect a license therefor from the License Collector pursuant to the provisions of this chapter may conduct a bingo game for charitable purposes subject to all conditions and restrictions contained in Section 326 of the Penal Code of the State and this chapter.

(§ 2, Ord. 84-3, eff. April 5, 1984)

A nonprofit charitable organization may apply to the License Collector for a license to conduct a bingo game. The application shall be upon a form provided therefor by the License Collector, or in writing containing all the information set forth in Section 5-11.05 of this chapter and satisfactory to the License Collector, and shall be accompanied by a nonreturnable fee as may be determined from time to time by the Council and established by resolution thereof. If the applicant is a church, it shall provide proof to the satisfaction of the License Collector that it comes within the definition of a church as defined in Section 5-11.02 of this chapter. If the applicant is other than a church, it shall accompany the application with a certificate or letter from the State Franchise Tax Board stating that the applicant is exempt from the payment of the bank and franchise tax and from the Internal Revenue Service stating that it is a charitable organization to which a gift would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954.

(§ 2, Ord. 84-3, eff. April 5, 1984)

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

(1) 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 chapter;

(2) The address of the premises where the bingo game is proposed to be conducted;

(3) A statement of the ownership or lessor and lessee of the premises;

(4) 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;

(5) The name and address of the person responsible for the operation of the bingo game and those persons assisting therein;

(6) The days and hours of the proposed operation of bingo games; and

(7) Such further information as may be required by the License Collector.

(b) Such application shall be signed by the principal officer of the applicant under penalty of perjury.

(§ 2, Ord. 84-3, eff. April 5, 1984)

The filing of an application for a license shall be deemed a consent by the applicant for the Chief of Police 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 person 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 Collector and the Council upon an appropriate hearing. The application shall also be deemed a consent for the Health Officer, the Fire Official, and the Public Works Department to inspect the premises and report thereon of any violations of law or other conditions which might endanger the public health, safety, and well-being.

(§ 2, Ord. 84-3, eff. April 5, 1984)

In the event the Chief of Police, Health Officer, Director of Public Works, or Fire Official recommend against the issuance of the license, the License Collector shall refuse to issue such license.

(§ 2, Ord. 84-3, eff. April 5, 1984)

In the event the License Collector refuses to issue such license or attaches conditions thereto recommended by the Chief of Police, the Health Officer, Director of Public Works, or Fire Official, the applicant, within ten (10) days after the notice is given of such refusal or such conditions, may appeal the same to the Council which shall hold a hearing thereon, and its 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.

(§ 2, Ord. 84-3, eff. April 5, 1984)

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

(a) The name and nature of the organization to which 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 the expiration of the license;

(e) The days and hours during which bingo games may be conducted; and

(f) Such conditions as may have been recommended by the Chief of Police, Health Officer, Director of Public Works, or Fire Official.

(§ 2, Ord. 84-3, eff. April 5, 1984)

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 license whenever requested to do so by any peace officer or the Health Officer, Director of Public Works, or Fire Official.

(§ 2, Ord. 84-3, eff. April 5, 1984)

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

(a) No minor 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 conduct of any bingo game shall not exceed Two Hundred Fifty and no/100ths ($250.00) Dollars 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 licensee shall issue chips or money to a patron on credit or a loan, including, but not limited to, IOUs 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 a bingo game.

(h) No condition attached to the license shall be violated.

(i) 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 the game.

(j) The conduct of any bingo game after the license therefor has expired or during any period which it is suspended shall be a violation.

(§ 2, Ord. 84-3, eff. April 5, 1984)

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 (3) years and as along 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 Chief of Police, City Clerk, or any State or Federal official in the performance of his duties.

(§ 2, Ord. 84-3, eff. April 5, 1984)

Any change during the license period in the organization of the licensee or its principal officers or the condition of the premises shall be immediately reported to the License Collector 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 Council as in the instance of an original application.

(§ 2, Ord. 84-3, eff. April 5, 1984)

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

(§ 2, Ord. 84-3, eff. April 5, 1984)

Any license issued under this chapter shall be immediately suspended by the License Collector upon the recommendation of either the Chief of Police, the Health Officer, the Director of Public Works, or the Fire Official, which recommendation shall be based upon either the violation of this chapter 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 fifteen (15) days after the notice thereof, unless within ten (10) days after the receipt of such notice the licensee appeals the suspension and revocation to the Council. In the event of such appeal, the Council shall hold a public hearing thereon, and its decision shall be final. The suspension shall remain in effect pending a decision by the Council.

(§ 2, Ord. 84-3, eff. April 5, 1984)

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

(§ 2, Ord. 84-3, eff. April 5, 1984)