Fullerton Municipal Code Ch. 7.34 Recreational Bingo Games

It is unlawful for any person, firm, corporation or organization to permit, conduct, organize, operate or participate in any bingo game except where such game is authorized and licensed in accordance with the provisions of this chapter or any other chapter of this code dealing with bingo.

(Ord. 2338, passed - -1980)

Any mobile home park association or any senior citizens organization shall be eligible to apply to the city for a license to conduct bingo games in the city under the provisions of this chapter and Cal. Penal Code § 326.5; provided, that said applicant has owned or leased property within the city that has been used by the applicant as an office or for the performance of the proposes for which the applicant is organized.

(Ord. 2338, passed - -1980)

Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application in writing therefor in the office of the Chief of Police on a form to be provided by him or her. The issuing authority shall be the Chief of Police.

(Ord. 2338, passed - -1980)

No license shall be issued to any organization unless such applicant is an eligible organization under § 7.34.020 and its application conforms to the requirement, terms and conditions of this chapter.

(Ord. 2338, passed - -1980)

Each new application or renewal shall be accompanied by an annual license fee payable to the City Treasurer in the amount of $15, one-half of which shall be refunded to the applicant if the license is denied. Each license shall expire one year from the date of issuance by the city.

(Ord. 2338, passed - -1980)

Said application for a license shall contain the following:

(A) The name of the applicant organization and a statement that applicant is an eligible organization under § 7.34.020;

(B) The name, address, telephone number and signature of at least two officers, including the presiding officer, of the firm, corporation or organization. In the event of any change of persons holding such offices, the licensee shall immediately notify the Chief of Police, in writing, of such change and shall specify the name, address and telephone number of such new officer(s);

(C) The address of the particular property owned or leased by the applicant and used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place;

(D) Proposed days of week and hours of day for conduct of bingo games;

(E) The applicant agrees to conduct bingo games in strict accordance with the provisions of Cal. Penal Code § 326.5 and this chapter as they may be amended from time-to-time, and agrees that the license to conduct bingo games may be revoked by the Chief of Police upon violation of any of such provisions; and

(F) Said application shall be signed by the applicant under penalty of perjury.

(Ord. 2338, passed - -1980)

Concurrently, with the filing of an application pursuant to § 7.34.030, each applicant shall file a statement specifying the name and address of one person who shall manage, supervise and be responsible for the conduct of all bingo games by said applicant. Said person shall be known as the bingo manager, shall sign said statement accepting such responsibility and shall be present on the premises at all times during which bingo games are conducted. With respect to bingo licenses heretofore issued, each licensed organization shall file the above statement within ten days following the effective date of the ordinance codified in this chapter. In the event any other person is designated as the bingo manager by any licensee, such licensee shall immediately file a new statement containing all of the data specified in this section. Such new statement shall be accompanied by proof of payment of $15 to the City Treasurer to cover the costs of fingerprinting and processing.

(Ord. 2338, passed - -1980; Ord. 2424, passed - -1982)

Upon receipt of the completed application and the fee, the Chief of Police shall refer the same to interested departments of the city, including, but not limited to, the City Manager, City Attorney, Planning Department and the Fire Department for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies, and the extent to which it qualifies, as property on which bingo games may lawfully be conducted as to fire, occupancy, zoning and other applicable restrictions.

(Ord. 2338, passed - -1980)

Upon being satisfied that the applicant is fully qualified under law to conduct bingo games at the proposed location in the city, the City Manager shall issue a license to the applicant, which shall contain the following information:

(A) The name and nature of the organization to which the license is issued;

(B) The address where bingo games are authorized to be conducted;

(C) The occupancy capacity of the room in which bingo games are to be conducted;

(D) The date of the expiration of such license;

(E) The name of the authorized bingo manager; and

(F) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Ord. 2338, passed - -1980)

(A) Whenever it appears to the Chief of Police that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the Chief of Police shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.

(B) Any person who continues to conduct a bingo game after any summary suspension thereof under division (A) above shall be deemed guilty of a misdemeanor, and conviction thereof shall be punishable by a fine not exceeding $500, or by imprisonment in jail for a period not exceeding six months, or by both such fine and imprisonment.

(C) The order issued under division (A) above shall also notify the licensee that it shall have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the Chief of Police within said five-day period shall result in a revocation of the license.

(D) (1) Upon such request for a hearing by any licensee whose license has been suspended under division (A) above, the Chief of Police shall provide such hearing within ten days after receipt of such request, at which hearing the suspended licensee may appear before the Chief of Police for the purpose of presenting evidence why the license should not be revoked.

(2) No license shall be revoked under this section unless notice of the time and place of such hearing has first been given, at least five days before the hearing thereof, by depositing in the U.S. mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation.

(3) Any decision by the Chief of Police to revoke said license shall be given in writing to the licensee by depositing a copy thereof in the U.S. mail. Said notice shall state the grounds for such revocation.

(E) Any organization whose license is revoked by the Chief of Police under division (D) above shall have the right to appeal such decision to the City Council in accordance with the procedures specified in § 7.34.110. However, such organization shall not conduct any bingo game in the city unless and until such time as the City Council, on appeal, determines to overrule the decision of the Chief of Police.

(Ord. 2338, passed - -1980)

(A) (1) Whenever it appears to the Chief of Police that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation, and no summary suspension is ordered under § 7.34.090, the license may be revoked; provided, however the licensee may appear before the Chief of Police at the time fixed by the Chief of Police, for the purpose of presenting evidence why the license should not be revoked.

(2) No license shall be revoked under this section unless written notice has first been given, at least five days before the hearing thereof, by depositing in the U.S. mail a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the revocation. Any decision by the Chief of Police to revoke said license shall be given in writing to the licensee by depositing a copy thereof in the U.S. mail. Said notice shall state the grounds for such revocation.

(B) Any organization whose license is revoked under division (A) above shall have the right to appeal such decision to the City Council in accordance with the procedures specified in § 7.34.110. However, such organization shall not conduct any bingo game in the city unless and until such time as the City Council, on appeal, determines to overrule the decision of the Chief of Police.

(Ord. 2338, passed - -1980)

(A) Any licensee whose license is revoked under this chapter shall have the right, within ten days after receiving notice in writing of the revocation, to file a written appeal to the City Council. Such appeal shall set forth the specific ground or grounds on which it is based. The City Council shall hold a hearing on the appeal within 30 days after its receipt by the city, or at a time thereafter agreed upon, and shall cause the appellant to be given at least ten days’ written notice of such hearing. At the hearing, the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of such appeal. The determination of the City Council on the appeal shall be final.

(B) Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the city for a period of two years from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under any applicable section of the Cal. Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

(Ord. 2338, passed - -1980)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

BINGO. 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 and which game is either:

(1) Conducted among persons, all or any of whom have paid or promised to pay any valuable consideration for the right to participate in such game; or

(2) Conducted among persons, none of whom has paid or promised to pay, any valuable consideration for the right to participate in such game where the total value of the prizes awarded in such game exceeds a value of $25.

(Ord. 2338, passed - -1980)

The total value of prizes awarded during the conduct of any bingo games shall not exceed $50 in cash or kind, or both, for each separate game which is held.

(Ord. 2338, passed - -1980)

All prizes for each bingo game shall be awarded immediately following the conclusion of play of such bingo game.

(A) Each patron in attendance at any bingo game who wins $25 or more in cash or prizes from any single bingo game shall be required to submit his or her full name, address and telephone number to the bingo manager or his or her designated staff representative prior to the award of such cash or prizes.

(B) Licensee shall inform all patrons of this requirement prior to the commencement of each bingo session. Said cash or prizes shall not be awarded to any person by licensee unless and until such person complies with the requirements of this section.

(C) All such information shall be kept strictly confidential by licensee and shall be made available only to the city upon request by the City Finance Director, or his or her designated representative, or any city police officer.

(Ord. 2338, passed - -1980)

It is unlawful for any person, firm, corporation or association, with intent directly or indirectly to induce, encourage or solicit any person to participate in any bingo game or games authorized pursuant to this chapter, to make or disseminate or cause to be made or disseminated before the public in this city, in any newspaper or other publication or any advertising device, or by public outcry or proclamation, or any other manner or means whatsoever, any statement concerning any such bingo game, including, but not limited to, the amount of prizes to be awarded or distributed in any game, which is untrue or misleading, and which is known or which, by the exercise of reasonable care, should be known to be untrue or misleading.

(Ord. 2338, passed - -1980)

All proceeds derived from any bingo game shall be kept in a special fund or account and shall not be commingled with, or transferred to, any other fund or account of said licensee organization. Such proceeds shall be used only for the following purposes.

(A) Such proceeds may be used for prizes.

(B) A portion of such proceeds not to exceed 10% of the proceeds, before the deduction for prizes, or $75 per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, and administrative expenses.

(C) Such proceeds may be used in order to pay license fees.

(Ord. 2338, passed - -1980; Ord. 2382, passed - -1981)

(A) All disbursements from the bingo account shall be by consecutively numbered checks which are signed by two authorized officers of the licensee and shall be made payable to a specific individual or organization.

(B) There shall be written on each check the nature of the expenditure for which the check is drawn. No check shall be drawn to “cash” or a fictitious payee.

(Ord. 2338, passed - -1980)

No individual, corporation, partnership or other legal entity except the licensee shall hold financial interest in the conduct of such bingo game.

(Ord. 2338, passed - -1980)

On or before the fifteenth day of each month, the licensee shall report in writing to the Chief of Police, on forms provided by him or her for such purpose, an accounting of all bingo game receipts and expenditures for the immediately preceding calendar month.

(Ord. 2338, passed - -1980)

(A) It shall be the duty of every licensee to keep and preserve, for a period of three years, all records, ledgers and accounts relating to the proceeds and expenditures, and the distribution of all profits, derived from bingo games as are necessary to determine or establish compliance with the provisions of this chapter, which records, ledgers and accounts shall be made available by the licensee to the City Finance Director, or his or her designated representative, at all reasonable times upon demand.

(B) Photocopies of said records, ledgers and accounts shall be provided to the City Finance Director by the licensee, upon demand, at no charge to the city.

(Ord. 2338, passed - -1980)

(A) A bingo game shall be operated, conducted and staffed only by members of the licensee organization. Each licensee organization shall keep and maintain a current roster containing the full legal names of all of its members, which roster shall be conspicuously posted on the premises where such games are conducted and shall be open to public inspection at all times during the hours such games are conducted. Such members shall not receive a profit, wage, salary or other consideration from any source whatsoever, for services rendered in connection with said bingo games, including any free or discounted play of any bingo game. Only the licensee shall operate and conduct such game, or participate in the promotion, supervision or any other phase of such game.

(B) Each licensee shall have written policies incorporated in its constitution, articles, bylaws or other regulations setting forth the manner in which a person may become a member of the organization. Absent any such written policies, it shall be presumed that the organization has no members who may operate or staff bingo games within the meaning of Cal. Penal Code § 326.5.

(Ord. 2338, passed - -1980)

Any person participating in the operation, conduct or staffing of any bingo game shall wear on his or her outside clothing, in plain view, an identification insignia or badge measuring not less than two and one-half inches by three and one-half inches in size and specifying the full name and title of such person and the name of the licensee organization.

(Ord. 2338, passed - -1980)

Attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department and Building Division of the city in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.

(Ord. 2338, passed - -1980)

(A) A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.

(B) Nothing in this section shall be construed to require that the property owned or leased by the licensee be used or leased exclusively by such licensee; provided, however, that said property shall in no event be used for the conduct of bingo games more often than one day out of any seven-day period, nor more than six hours out of each such day, regardless of the total number of licensees utilizing said property.

(Ord. 2338, passed - -1980)

No person under the age of 18 years of age shall be allowed to participate in any bingo game.

(Ord. 2338, passed - -1980)

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

(Ord. 2338, passed - -1980)

A licensee may conduct bingo games on not more than one day during any seven-day period. This limitation shall preclude a licensee from conducting bingo games at the location authorized pursuant to the license where such licensee has conducted bingo games on one or more days during said seven-day period at any other location or locations within the county pursuant to any other license or licenses issued by any other city in the county, or by the county. Once during each calendar year, the Chief of Police may permit a licensee to conduct bingo games for more than one day during any seven-day period; provided, that such permission shall be limited to bingo games which will be conducted in conjunction with an established annual event regularly held by the licensee, such as an annual festival, bazaar or similar event. A licensee may not conduct bingo games between the hours of 12:00 a.m. and 10:00 a.m. of any day.

(Ord. 2338, passed - -1980)

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.

(Ord. 2338, passed - -1980)

It is a misdemeanor under Cal. Penal Code § 326.5(b) for any person to receive or pay a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed $10,000, which fine shall be deposited in the General Fund of the city. A violation of any other provision of this chapter shall be a misdemeanor punishable as set forth in § 1.08.010 of this code.

(Ord. 2338, passed - -1980)

The city may bring an action in a court of competent jurisdiction to enjoin a violation of Cal. Penal Code § 326.5 or of this chapter.

(Ord. 2338, passed - -1980)

The Chief of Police may prescribe such regulations with respect to the conduct of the games and the equipment and cards used by the licensee as he or she deems necessary to ensure the fairness and integrity of the games, and the accountability of the funds collected.

(Ord. 2338, passed - -1980)

The City Council declares that should any section, paragraph, sentence or word of this chapter hereby adopted be declared for any reason to be invalid, it is the intent of this Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid.

(Ord. 2338, passed - -1980)