Hemet Municipal Code Art. IV Bingo

Footnotes:

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Cross reference— Amusements and entertainment, ch. 6.

Notwithstanding any other provisions of this article, the ordinance codified in this article is adopted pursuant to section 19 of article IV of the state constitution in order to make the game of bingo unlawful except under the terms and conditions in the following sections of this article.

Games are to be only conducted by organizations exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code and by mobile home park associations and senior citizens organizations; and provided that the receipts of those games are used only for charitable purposes.

(Ord. No. 718; Code 1984, § 6200; Ord. No. 1572, 10-7-97)

The following words, terms and phrases, when used in this article, 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 which conform to numbers or symbols selected at random. The game of bingo shall include 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."

Minor means any person under the age of 18 years.

Nonprofit charitable organization means an organizations exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code.

Exempt mobile home park associations and senior citizens organizations means that the receipts of those games conducted by those associations and organizations are used only for charitable purposes.

(Ord. No. 718; Code 1984, § 6201; Ord. No. 1572, 10-7-97)

Cross reference— Definitions and rules of construction generally, § 1-2.

It is unlawful for any person to conduct any bingo games in the incorporated area of the city unless such person is a member of a nonprofit charitable organization, mobile home park association or senior citizens organization and such nonprofit charitable organization, mobile home park association or senior citizens organization, as defined as exempt under Penal Code 326.5(a), has been issued a license as provided by this article

(Ord. No. 718; Code 1984, § 6202; Ord. No. 1572, 10-7-97)

Application for a bingo license shall be made to the business license division on the prescribed authorized forms, and shall be filed not less than ten days prior to the proposed date of the bingo game. The bingo licensing shall be administrated under the direction of the chief of police. The application form shall require from the applicant at least the following:

(1) A list of all members who will operate the bingo game, including the full name of each member, the date of birth, the place of birth, a physical description and the driver's license number.

(2) The date and place of the proposed bingo game.

(3) Proof that the organization is a nonprofit charitable organization, mobile home park association or senior citizens organization as defined by this article.

(Ord. No. 718; Code 1984, § 6203; Ord. No. 1572, 10-7-97)

(a) The term of a bingo license is one year. Licenses may be renewed for a period of one year at any time prior to expiration thereof, upon application therefor. Applications for a license or for a renewal license, shall be filed with the office of business licensing on the prescribed authorized forms, and shall be signed under penalty of perjury.

(b) All licenses shall expire on December 31 of the calendar year for which they are issued.

(c) The fee for a bingo license and the fee for renewal shall be as established by the city council from time to time. The appropriate fee shall accompany the submission of each application. The fee is nonrefundable and shall be used to defray the cost of the issuance of the license.

(Ord. No. 718; Code 1984, § 6204; Ord. No. 1572, 10-7-97)

(a) Upon receipt of an application for a license under this article, the chief of police or his designee may send copies of such application to any office or department which the chief of police deems essential in order to carry out a proper investigation of the applicant.

(b) The chief of police, his designee and every officer or department to which an application is referred shall investigate the truth of the matters set forth in the application and the character of the applicant, and may examine the premises to be used for the bingo game.

(c) Upon approval of any application for a bingo license, the business license division shall issue the license, under the direction of the chief of police.

(Ord. No. 718; Code 1984, § 6205; Ord. No. 1572, 10-7-97)

Each license issued under this article shall be issued to a specific location and shall in no event be transferable from one person to another or from one location to another.

(Ord. No. 718; Code 1984, § 6206; Ord. No. 1572, 10-7-97)

(a) A nonprofit charitable organization, mobile home park association or senior citizens organization shall conduct a bingo game only on property both owned or leased 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.

(b) No minors shall be allowed to participate in any bingo game.

(c) All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization, mobile home park association or senior citizens organization.

(d) A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall be approved by the chief of police or his designee and shall not receive a profit, wage or salary from any bingo game. 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. The employment of security personnel who are not members of the authorized organization is permitted at such a bingo game by the organization conducting the game.

(e) 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 games.

(f) All profits derived from bingo games conducted by the organizations authorized shall be kept in a special fund or account and shall not be commingled with any other fund or account. Within 30 days after the bingo game is held, the applicant shall prepare a full and complete financial statement of all monies collected and disbursed, and the amount remaining for charitable purposes. Financial records shall be prepared monthly and maintained in individual ledgers by year, for five years minimum.

(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.

(h) 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.

(i) No bingo game shall be conducted between the hours of midnight and 8:00 a.m.

(Ord. No. 718; Code 1984, § 6207; Ord. No. 1572, 10-7-97)

The chief of police, his designee or any peace officer of the city shall have free access to any bingo game licensed under this article. The licensee shall have the bingo license, lists of approved staff and properly maintained financial records available for inspection or audit at all times during a bingo game or upon request.

(Ord. No. 718; Code 1984, § 6208; Ord. No. 1572, 10-7-97)

(a) The chief of police or his designee may deny an application for a bingo license, or suspend or revoke a license, if it is found that the applicant or licensee or any agent or representative thereof has:

(1) Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this article; or

(2) Violated any of the provisions of this article.

(b) If, after investigation, the chief of police or his designee determines that a bingo license should be suspended or revoked or an application for such license denied, he shall prepare a notice of suspension, revocation or denial of application setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant's last address provided in the application, or be personally delivered. Any person who has had an application for a bingo license denied by the chief of police or his designee or who has had a bingo license suspended or revoked by the chief of police or his designee may appeal the chief's decision in the manner provided in this article.

(Ord. No. 718; Code 1984, § 6209; Ord. No. 1572, 10-7-97)

Whenever an appeal is provided for in this article, such appeal shall be filed and conducted as prescribed in this section:

(1) Within 15 calendar days after the date of any denial, suspension, revocation or other decision of the chief of police or his designee, an aggrieved party may appeal such action by filing with the city clerk a written appeal fully setting forth the reasons why such denial, suspension, revocation or other decision is not proper.

(2) Upon receipt of such written appeal, the city clerk shall, within 20 days, place the appeal on a regular agenda for the city council. At least one week prior to the date of the hearing on the appeal, the clerk shall notify the appellant and chief of police or his designee of the date and place of the hearing. The mayor or mayor pro tem is authorized to issue subpoenas, to administer oaths and to conduct the hearing on the appeal. At such hearing the chief of police and the appellant may present evidence relevant to the denial, suspension, revocation or other decision of the chief. The city council shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to such hearing.

(3) At the conclusion of the hearing, the city council may uphold the denial, suspension, revocation or other decision of the chief of police or his designee, or the city council may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other decision which is the subject of the appeal. The mayor or mayor pro tem shall, within ten days, file with the city clerk written findings of fact and conclusions of law and its decision. The decision of the city council is final.

(Ord. No. 718; Code 1984, § 6210; Ord. No. 1572, 10-7-97)

(a) It is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this article.

(b) Any person violating any of the provisions or failing to comply with any of the requirements of this article shall be guilty of a misdemeanor, and upon conviction thereof shall be punished in accordance with section 1-8.

(Ord. No. 718; Code 1984, § 6211; Ord. No. 1572, 10-7-97)