Hanford Municipal Code Ch. 5.12 Bingo

Bingo games for charitable purposes are authorized pursuant to Section 19, of Article IV of the Constitution of the state and Section 326.5 of the Penal Code of the state and in accordance with the provisions of this chapter.

(Prior code § 5-15.01)

All organizations listed and authorized by Section 326.5 of the Penal Code of the state, as the same now reads or as said section may be hereafter amended, shall be eligible to apply to the city for a license to conduct bingo games in the incorporated limits of the city under the provisions of said Section 326.5 and the provisions of this chapter provided the proceeds of such games will be used for charitable purposes.

(Prior code § 5-15.02)

No organization shall engage in, carry on, maintain or conduct or cause to be engaged in, carried on, maintained or conducted, a bingo game in the incorporated area of the city without first having secured a license in accordance with the requirements of this chapter, nor without complying with the regulations contained in this chapter pertaining to the operation of bingo games.

(Prior code § 5-15.03)

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

"Bingo"

means 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.

"Nonprofit charitable organization"

means any organization exempted from the payment of the bank and corporation tax and listed in Section 326.5 of the Penal Code of the state, mobilehome park associations and senior citizens organization and to which a contribution or gift would be a charitable contribution under subsection (2) of subsection (c) of Section 170 of the Internal Revenue Code of 1954.

(Prior code § 5-15.04)

The application procedures provided for in this chapter shall be followed with regard to the licenses sought pursuant to the provisions of this chapter.

(Prior code § 5-15.05)

Every person, upon the payment of the fee set by resolution of the council, desiring a license pursuant to this chapter shall file an application with the director of finance upon a form to be provided by the director of finance. The application shall be filed at least 15 days prior to the conduct of any bingo game and shall specify:

A. The name, address and telephone number of the local applicant organization and a statement that the applicant is an eligible organization under Section 326.5 of the Penal Code of the state;

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. A list of the names of the members of the applicant organization who will operate and staff the bingo games;

D. A detailed schedule of the dates, hours, location and occupancy capacity of such location of each bingo game to be held;

E. A detailed description of the record system to account for the receipts, prizes, expenses and profits of each bingo game;

F. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code of the state and this chapter, as they may be amended from time to time and agrees that the license to conduct bingo games may be summarily suspended by the city upon the violation of any such provisions, notwithstanding anything to the contrary;

G. The applicant shall also submit, with its application, a letter or other evidence from the Franchise Tax Board of the state showing that the applicant is exempted from the payment of the bank and corporation tax by applicable sections of the Revenue and Taxation Code as listed in Section 3265 of the Penal Code of the State or is a mobile park association or senior citizens organization;

H. The application shall be verified as provided in the Code of Civil Procedure of the state for the verification of pleadings;

I. The address to which notices, when required, shall be sent or mailed and the names of any individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the licensee;

J. Whether the application is for a new license or the renewal of an existing license; and

K. Certification by the applicant that the organization or group applying currently operates and is based in the city; otherwise, the license will be denied.

(Prior code § 5-15.06)

Upon the receipt of an application for a license, the director of finance shall transmit copies of the application to the police chief for background investigation, to the fire chief to determine if fire regulations have been or will be complied with and to the planning department to determine if the appropriate zoning laws and regulations and building code laws have been or will be complied with.

(Prior code § 5-15.07)

Every officer and department to which an application is referred shall advise the director of finance in writing of all material facts necessary to determine whether the license should be granted, granted subject to conditions or denied and their approval or disapproval of the application.

(Prior code § 5-15.08)

If any officer or department to which an application is referred advises the director of finance that the license should be denied, the applicant shall be notified in writing by the director of finance.

(Prior code § 5-15.09)

Every officer and department to which an application for a license is referred may require such additional information and the filing of such additional forms as they deem necessary.

(Prior code § 5-15.10)

Any license issued to any person or firm may be revoked by the council at any time whenever the holder thereof has violated any of the provisions of this chapter or is conducting a bingo game in such a manner that the bingo game is detrimental to the good order of the city.

(Prior code § 5-15.11)

In addition to any other requirement of this chapter, any license issued for bingo games for charitable purposes 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. Each license shall expire one year after the date of issuance, unless a sooner date of expiration is set forth in such license; and

E. Such other information as may be necessary or desirable for the enforcement of the provisions of this section.

(Prior code § 5-15.12)

Such licenses shall be posted in a prominent place during the conduct of any bingo game. The licensee shall produce and exhibit the license when applying for the renewal thereof and whenever requested to do so by any law enforcement officer or other officer authorized to issue, inspect or collect licenses and permits.

(Prior code § 5-15.13)

The licensee shall post the costs, prizes and rules of each game to be played. Such signs shall be posted during the conduct of the bingo game in a conspicuous place on the outside and inside of the premises to be used for the conduct of the bingo game.

(Prior code § 5-15.14)

A record shall be kept, on forms approved by the director of finance, by the licensee showing the name and written signature, the address and the telephone number of the winner and the consecutive serial number on the receipt for the prize.

(Prior code § 5-15.15)

No person shall interfere with, prevent or refuse to permit a member of the law enforcement agency, any peace officer or the director of finance or his authorized deputy to make an examination or inspection of any premises, without notice, licensed for bingo games for charitable purposes or of any records kept by the licensee organization or any agent or employee thereof, for the purpose of determining whether the licensee organization and/or manager is complying with all of the provisions of this chapter and applicable statutes.

(Prior code § 5-15.16)

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

(Prior code § 5-15.17)

Notwithstanding that bingo games shall be 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 in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person.

(Prior code § 5-15.18)

The total value of prizes awarded during the conduct of any bingo game shall not exceed $250 total in cash or kind or both, for each separate game which is held. Total prizes being offered at various stages during an ongoing series of numbers or symbols being called towards a larger game shall not exceed $250.

(Prior code § 5-15.19)

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. The licensee shall keep a full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this chapter. The city, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time, without prior notice and the licensee shall fully cooperate with the city by making such records available.

(Prior code § 5-15.20)

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

(Prior code § 5-15.21)

Bingo games shall be operated and staffed only by the members and the manager of the licensee organization. Such members or manager shall not receive a profit, wage, salary or any other direct or indirect consideration from any bingo game, nor shall they receive payments from the organization for such purpose. Only the licensee shall operate such games or participate in the promotion, supervision or any other phase of such games.

(Prior code § 5-15.22)

A licensee shall conduct a bingo game only on property owned, leased or rented by it and which property is used by such organization for an office or for the 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 the 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 an application, when such organization again owns or leases property used by it for an office or for the performance of the purposes for which the organization is organized.

(Prior code § 5-15.23)

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

(Prior code § 5-15.24)

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

(Prior code § 5-15.25)

No bingo game shall be conducted between the hours of midnight and ten a.m., except where authorized by the license.

(Prior code § 5-15.26)

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.

(Prior code § 5-15.27)

No licensee shall issue chips, checks, tokens, markers or money to a patron on credit or loan (including, but not limited to, IOU's and checks to be held) or allow any patron to play on credit.

(Prior code § 5-15.28)

No fee, donation, dues or other charge shall be imposed as a requirement for admission or entry onto any licensed bingo premises.

(Prior code § 5-15.29)

It shall be a misdemeanor under subsection (b) of Section 326.5 of the Penal Code of the state and this section for any person to receive a profit, wage or salary from any bingo game authorized pursuant to this chapter and all persons are prohibited from violating said sections. A violation of subsection (b) of said Section 326.5 and this section shall be punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the city.

(Prior code § 5-15.30)

Any person, firm, corporation or other organization violating any provision of this chapter, other than Section 5.12.300 of this chapter, shall be guilty of an infraction as provided for in Section 36900 of the Government Code of the state. Every violation determined to be an infraction shall be punishable by:

A. A fine not exceeding $100 for a first violation;

B. A fine not exceeding $200 for a second violation of the same ordinance within one year; and

C. A fine not exceeding $500 for each additional violation of the same ordinance within one year.

(Prior code § 5-15.31; Ord. 96-18 § 39, 1996)