Hesperia Municipal Code Ch. 5.08 Bingo

No person other than an eligible organization may conduct bingo games. Eligible organizations shall not conduct bingo games without first having secured a license to do so from the city.

(Ord. 197 Exh. A (SBCC § 41.0131(b)), 1994)

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

A. Applicants for a bingo license shall file a signed business license application with the city including all information required by Section 5.04.040. In addition to the information required by Section 5.04.040 the following information shall be provided:

1. The dates, hours, and location where the bingo games will be operated. Each location requires a separate license.

2. The name or names of any person having the management or supervision of the games.

B. The application shall be accompanied by a copy of the tax-exempt status determination issued by the State Franchise Tax Board to the applicant organization showing the applicant organization is exempt under the provisions of Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), and 23701(L) of the California Revenue and Taxation Code.

C. The applicant shall submit with the application a declaration under penalty of perjury of a duly authorized officer or representative of the organization, which states that the applicant organization owns or leases, or has an agreement for use, the property on which the bingo games are to be held and that such property is used by the organization for an office or for purposes for which the organization is organized. The declaration shall also indicate that the proceeds of such games will only be used for charitable purposes, except as provided in this chapter.

(Ord. 197 Exh. A (SBCC § 41.0131(c)), 1994)

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

After receiving the application, the city shall refer the application to all relevant departments for investigation. The departments shall make reports of their findings, together with a recommendation as to whether or not the applicant should be granted a license.

(Ord. 250 (part), 1997; Ord. 197 Exh. A (SBCC § 41.0131(d)), 1994)

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

A bingo game shall be conducted only on property owned, leased, or has an agreement for use, by the eligible organization and used by it for an office or for performance of the purposes for which the organization is organized. The property owned or leased by the organization need not be used or leased exclusively by such organization. The bingo game shall be operated and staffed only by members of the licensed organization, who shall not receive a profit, wage, or salary from any bingo game. Only the organization licensed to conduct a bingo game shall operate the game or participate in the promotion, supervision, or any other phase of the game. Bingo games shall not be held on more than ten days in each calendar month nor for more than five hours in any 24-hour period. No bingo shall be permitted between the hours of 2:00 a.m. and 6:00 a.m.

(Ord. 197 Exh. A (SBCC § 41.0131(e)), 1994)

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

No person except the eligible organization licensed to conduct a bingo game shall hold a financial interest in the game.

(Ord. 197 Exh. A (SBCC § 41.0131(f)), 1994)

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

A. Nonprofit Organizations Under Revenue and Taxation Code Section 23701(d). All profits derived from a bingo game by organizations exempt from payment of the bank and corporation tax by Section 23701(d) of the California Revenue and Taxation Code shall be kept in a special fund or account and shall not be commingled with any other fund or account. Profits shall be used only for charitable purposes.

B. Other Licensed Organizations. With respect to other licensed 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 shall be used only for charitable purposes, except as follows:

1. Such proceeds may be used for prizes;

2. A portion of such proceeds, not to exceed twenty (20) percent of the proceeds after the deduction for prizes, or two thousand dollars ($2,000.00) per month, whichever is less, may be used for rental of property, overhead, and administrative expenses.

C. Records. Records required by this chapter shall be retained by the licensee for a period of three years. Licensee's records shall be available for inspection by the chief of police or city officials upon demand.

(Ord. 250 Exh. A (part), 1998; Ord. 197 Exh. A (SBCC § 41.0131(g)), 1994)

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place where the bingo game is being conducted.

(Ord. 197 Exh. A (SBCC § 41.0131(h)), 1994)

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

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

(Ord. 197 Exh. A (SBCC § 41.0131(i)), 1994)

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game.

(Ord. 197 Exh. A (SBCC § 41.0131(j)), 1994)

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

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

(Ord. 197 Exh. A (SBCC § 41.0131(k)), 1994)

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Every licensee shall display the license issued by the city in a conspicuous place on the premises where the bingo games are conducted.

(Ord. 197 Exh. A (SBCC § 41.0131(l)), 1994)

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Each license issued hereunder shall be issued to an eligible organization and for a specific location and is not transferable from one organization or location to another.

(Ord. 197 Exh. A (SBCC § 41.0131(l)), 1994)

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)