Gustine Municipal Code Art. 1 In General

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bingo means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card that conform to numbers or symbols selected at random. The game of bingo includes cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All preprinted cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance."

(Code 1966, § 5-7.01)

State Law reference— Similar provisions, Penal Code § 326.5(o).

Licensees shall keep and maintain full records and accountings and shall detail the amount of money obtained from the players, the amount of money or value of prizes given for each game played, and the disposition of any funds generated by the conduct of bingo games. The city shall have the right to inspect such records at any reasonable time. The city manager may request such records when the licensee applies to renew its annual license.

(Code 1966, § 5-7.09)

An organization licensed to conduct bingo games 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 that organization for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, that organization.

(Code 1966, § 5-7.10(d))

State Law reference— Similar provisions, Penal Code § 326.5(f).

(a) With respect to organizations exempt from payment of the bank and corporation tax by Revenue and Taxation Code § 23701d, all profits 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. Those profits shall be used only for charitable purposes.

(b) With respect to other organizations authorized to conduct bingo games, 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. Proceeds are the receipts of bingo games conducted by organizations not within subsection (a) of this section. Those proceeds shall be used only for charitable purposes, except as follows:

(1) The proceeds may be used for prizes.

(2) A portion of the proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes, or $2,000.00 per month, whichever is less, may be used for the rental of property and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

(3) The proceeds may be used to pay license fees.

(Code 1966, § 5-7.10(g), (h))

State Law reference— Similar provisions, Penal Code § 326.5(j), (k).

No bingo game shall be conducted before 7:00 a.m. nor after 2:00 a.m. of any day.

(Code 1966, § 5-7.10(d))

A bingo game shall be operated and staffed only by members of the authorized organization that organized it. Those members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such a game, or participate in the promotion, supervision, or any other phase of a bingo game. This section 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.

(Code 1966, § 5-7.10(f))

State Law reference— Similar provisions, Penal Code § 326.5(h).

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

(Code 1966, § 5-7.10(e))

State Law reference— Similar provisions, Penal Code § 326.5(g).

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.

(Code 1966, § 5-7.10(i))

State Law reference— Similar provisions, Penal Code § 326.5(m).

The total value of prizes awarded during the conduct of any bingo games shall not exceed $250.00 in cash or kind, or both, for each separate game, which is held.

(Code 1966, § 5-7.10(j))

State Law reference— Similar provisions, Penal Code § 326.5(n).

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

(Code 1966, § 5-7.10(b))

State Law reference— Similar provisions, Penal Code § 326.5(e).

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

(Code 1966, § 5-7.10(c))