Hollister Municipal Code Ch. 5.12 Bingo

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

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.

Minor means any person under the age of 18 years.

Nonprofit, charitable organization means an organization exempt from the payment of the bank and corporation tax under Section 23701d of the Revenue and Taxation Code and to which contribution or gift would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954.

(Prior code § 4A-1)

Bingo may be conducted within the city, pursuant to this chapter, by any nonprofit, charitable organization, as defined herein, which has been granted a license hereunder.

(Prior code § 4A-2)

An applicant shall apply to the city clerk for a license authorizing the conduct of bingo games. If the city clerk finds the applicant eligible, the city clerk shall issue a license to such applicant allowing the conduct of bingo games, pursuant to this chapter. Prior to the granting of any such license, the applicant shall submit to the city clerk certification by the appropriate state and federal agencies that it qualifies as a nonprofit, charitable organization.

(Prior code § 4A-3)

The city may impose a license fee, not to exceed the actual cost of issuing such license, on each nonprofit, charitable organization authorized to conduct bingo games hereunder. The amount of such fee shall be fixed from time to time, by resolution of the city council.

(Prior code § 4A-4)

The following procedure shall be followed for the participation in and conduct of bingo:

A. No minors shall be allowed to participate in any bingo game.

B. A nonprofit, charitable organization 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.

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

D. A bingo game shall be operated and staffed only by members of the nonprofit, charitable organization which organized it. 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.

1. The members of the nonprofit organization operating such game shall not receive a profit, wage or salary from any bingo game.

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

E. 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.

F. 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.

G. 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.

(Prior code § 4A-5)

Pursuant to the provisions of Section 326.5 of the Penal Code of the state, any person who receives a profit, wage or salary from any bingo game, or who violates any of the provisions of this chapter, shall be punished by a fine not to exceed $10,000.00, which fine shall be deposited in the general fund of the city.

(Prior code § 4A-6)