Gridley Municipal Code Ch. 5.12 Bingo Games

A. Bingo games may be conducted by organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701(1) of the Revenue and Taxation Code and by mobile home park associations and senior citizens organization; provided, that the proceeds of such games are used only for charitable purposes.

B. Only these organizations are permitted to play bingo.

(Ord. 314 §§ 3, 4, 1977; Ord. 295 § 1, 1977).

As used in this chapter, "bingo" means 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.

(Ord. 314 § 18, 1977; Ord. 295 § 10, 1977).

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.12.010 and its application conforms to the requirement, terms and conditions of this chapter.

(Ord. 295 § 3, 1977).

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 city clerk on a form to be provided by the city clerk. The issuing authority shall be the city clerk. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee.

(Ord. 295 § 2, 1977).

The application for a license shall contain the following:

A. The name of the applicant organization and statement that applicant is an eligible organization under Section 5.12.010;

B. The name and signature of at least two officers, including the presiding officer, of the corporation or community chest and the trustee of any trust;

C. The particular property within the city, including the street number, owned or leased by the applicant, 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. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code 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;

E. The application shall be signed by the applicant under penalty of perjury;

F. The annual license fee fixed by the city council by resolution shall accompany the application;

G. The applicant shall also submit, with its application, a certificate or Determination of Exemption under Section 27301d of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing exemption under Section 23701d.

(Ord. 295 § 4, 1977).

Upon receipt of the completed application and the fee, the city clerk shall refer the same to interested departments of the city, including but not limited to the city attorney, police 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 and other applicable restrictions.

(Ord. 295 § 5, 1977).

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

A. The name and nature of the organization to whom 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. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Ord. 295 § 6, 1977).

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 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 subsection A of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable as such.

C. The order issued under subsection A of this section 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 the five-day period, shall result in a revocation of the license.

D. Upon such request by the licensee, whose license has been suspended under subsection A of this section, for a hearing to determine whether such license shall be revoked, 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. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States Mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.

E. Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the chief of police.

(Ord. 295 § 7, 1977).

A. 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 Section 5.12.080, 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. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States Mail a notice directed to the licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.

B. Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the chief of police.

(Ord. 295 § 8, 1977).

A. Any holder of a license 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 thirty days after its receipt by the city clerk, 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 his 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 one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of the exemption.

(Ord. 295 § 9, 1977).

An annual fee of fifty dollars shall be collected from each organization conducting a bingo game, collectible at the time application for license is made. If the license is refused by the city, one-half of the sum shall be refunded to the organization.

(Ord. 314 § 15, 1977).

A. The annual license fee prescribed by Section 5.12.110 may be waived by the city council upon a showing of reasonable cause therefor.

B. An application for a waiver of the annual license fee pursuant to this provisions shall be filed with the city clerk and shall set forth the reasons by the applicant believes that the fee should be waived.

C. The application shall be heard by the city council and acted upon within thirty days of its filing with the city clerk.

(Ord. 462 § 1, 1984).

Those organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code of the state shall keep all profits derived from a bingo game in a special fund or account and these profits shall not be commingled with any other funds or accounts. Such profits shall be used only for charitable purposes.

(Ord. 314 § 13, 1977; Ord. 295 § 12, 1977).

With respect to other organizations authorized to conduct bingo games pursuant to this chapter and Section 326.5 of the Penal Code, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows:

A. Such proceeds may be used for prizes.

B. A portion of such proceeds, not to exceed twenty percent of the proceeds after the deduction for prizes, or two thousand dollars per month, whichever is less, may be used for rental of property, overhead and administrative expenses, security equipment, and security personnel.

(Ord. 801-2012 §1, 2012: Ord. 314 §14, 1977).

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

(Ord. 314 § 13, 1977; Ord. 295 § 12, 1977).

Each organization authorized to conduct bingo games pursuant to this chapter 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. Such property owned or leased by the organization need not be used or leased exclusively by such organization.

(Ord. 314 § 8, 1977; Ord. 295 § 17, 1977).

A. The bingo game shall be operated and staffed only by members of the authorized organization, and such member or members shall not receive a profit, wage, or salary from any bingo game.

B. Only the organization authorized to conduct a bingo game shall operate such game, or participate in the promotion, supervision, or any other phase of such game.

(Ord. 314 § 10, 11, 1977; Ord. 295 § 14, 1977).

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

(Ord. 801-2012 §2, 2012; Ord. 314 §17, 1977; Ord. 295 §11, 1977).

No licensee shall conduct any bingo game for more than six hours out of any twenty-four-hour period. No bingo game shall be conducted before nine a.m. nor after two a.m. of any day.

(Ord. 295 § 20, 1977).

All bingo games conducted pursuant to this chapter and section 326.5 of the Penal Code shall be open to the public, not just to the members of the authorized organization.

(Ord. 314 § 9, 1977; Ord. 295 § 15, 1977).

Notwithstanding that bingo games are open to the public, 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 public works department in accordance with applicable laws and regulations. Licensee shall not reserve seats or space of any person.

(Ord. 295 § 16, 1977).

A. 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.

B. No minor persons shall be allowed to participate in any bingo game.

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

(Ord. 314 §§ 7, 16, 1977; Ord. 295 § 18, 19, 21, 1977).

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

(Ord. 295 § 23, 1977).

A. It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by this chapter.

B. Violations of subsection A of this section will subject violators to prosecution under Section 326.5 of the Penal Code.

C. Violation of any section or provision of this chapter is a misdemeanor and punishable as such.

(Ord. 358, 1980; Ord. 314 §§ 4--6, 1977; Ord. 295 § 22, 1977).