Humboldt County Municipal Code Ch. 1 Bingo Games for Charitable Purposes

Sections: Authority. Provisions Supplementary to State Law. Areas Affected. Definition. Organizations Permitted to Conduct Bingo Games. Minors. Open to the Public. Staffing and Operation. No Profit, Wage or Salary. Where Bingo May Be Conducted. Financial Interest. Separate Fund. Records.

§ 911-14. § 911-15. § 911-16. § 911-17. § 911-18. § 911-19. § 911-20. § 911-21. § 911-22. § 911-23. § 911-24. § 911-25. § 911-26. § 911-27. § 911-28. § 911-29.

Physical Presence at Bingo Game Required. Hours of Operation. Authority to Inspect Premises and Records. Permits Required. Application for Permit Required. Time for Action; Conditions. Denial of Permit. Changes in Operation or Information. Type of Permit. Permit Fee. Permit Renewal. Filing of Annual Report. Permits and Licenses Nontransferable. Revocation, Suspension or Permit and License Authorized. Notice, Hearing on Revocation; Suspension. Violations; Penalties. 911-1. Authority. Pursuant to the authority provided in § 19 (c) of Article IV of the California State Constitution and § 326.5 of the Penal Code, the County of Humboldt establishes the following requirements for the conduct of bingo games. (Ord. 1180, § 1, 11/8/1977) 911-2. Provisions Supplementary to State Law. The provisions of this chapter are not intended to conflict with, but shall supplement, all laws of the State of California relating to lotteries, gaming or gambling. (Ord. 1180, § 33, 11/8/1977) 911-3. Areas Affected. The provisions of this chapter shall be operative in the unincorporated area of the County. (Ord. 1180, § 34, 11/8/ 1977)

911-4. Definition. As used in this chapter, “bingo” means a game of chance in which prizes are awarded on the basis of designated numbers of symbols on a card which conform to numbers or symbols selected at random. (Ord. 1180, § 2, 11/8/ 1977) 911-5. Organizations Permitted to Conduct Bingo Games. No person, organization or other legal entity shall be permitted to conduct bingo games unless such person, organization or other legal entity possesses a valid certificate or letter from the Franchise Tax Board and the Internal Revenue Service stating that they are exempt from the payment of the bank in corporation tax by §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701z of the Revenue and Taxation Code and by mobilehome park associations and senior citizens organizations; provided that the proceeds are used only for charitable purposes and that the organization possesses a valid permit issued pursuant to the provisions of this chapter. (Ord. 1180, § 3, 11/8/1977; Ord. 1553, § 1, 9/21/1982) 911-6. Minors. No minors shall be allowed to participate in any bingo game. (Ord. 1180, § 4, 11/8/1977) 911-7. Open to the Public. All bingo games shall be open to the public, not just to members of the authorized organization. (Ord. 1180, § 5, 11/8/1977) 911-8. Staffing and Operation. A bingo game shall be operated and staffing only by members of the authorized organization which organized it. Such members shall not receive a profit, wage or salary from any bingo game. Only an organization authorized to conduct a bingo game by permit issued pursuant to this chapter shall operate such game or participate in the promotion, supervision or any other phase of such game. (Ord. 1180, § 6, 11/8/1977) 911-9. No Profit, Wage or Salary. It is a misdemeanor for any person to receive or pay a profit, wage or salary from any bingo game authorized by § 19 of Article IV of the California State Constitution except that security personnel employed by the organization conducting the bingo game may be paid from the revenues of the bingo game as provided by Penal Code §§ 326.5(b), (j) and (k). (Ord. 1180, § 7, 11/8/1977; Ord. 1708, § 1, 10/1/1985) 911-10. Where Bingo May Be Conducted. An authorized organization 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 such organization for an officer or for performance of the purposes for which the organization is organized. The permit required by this chapter shall be posted in a conspicuous location on said property. (Ord. 1180, § 8, 11/8/1977; Ord. 1553, § 1, 9/21/1982) 911-11. Financial Interest. No individual, corporation, partnership, or other legal entity except the organization authorized by permit to conduct a bingo game shall hold a financial interest in the conduct of such bingo game. (Ord. 1180, § 9, 11/8/1977) 911-12. Separate Fund. With respect to organizations exempt from payment of the bank and corporation tax by § 23701(d) of the Revenue and Taxation Code, 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. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, 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 exempt from the payment of bank and corporation tax by § 23701(d) of the Revenue and Taxation Code. Such proceeds shall be used only for charitable purposes, except as follows: (a) Such proceeds may be used for prizes. (b) A portion of such proceeds, not to exceed twenty percent (20%) of the proceeds after the deduction for prizes, or One Thousand Dollars ($1,000.00) per month, whichever is less, may be used for rental or property, overhead, administrative expenses, security equipment and security personnel. (c) Such proceeds may be used to pay license fees. (Ord. 1180, § 10, 11/8/1977; Ord. 1708, § 2, 10/1/1985) 911-13. Records. Each organization conducting a bingo game shall maintain detailed records of all profits, expenditures, prizes and other expenses associated with the operation of bingo games. Said records shall be retained for such period of time as required by State and Federal law and for a period of three (3) years for the purposes of this chapter. (Ord. 1180, § 11, 11/8/1977) 911-14. Total Value of Prizes. 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 which is held. (Ord. 1180, § 12, 11/8/1977) 911-15. Physical Presence at Bingo Game Required. No person shall be allowed to participate in a bingo game unless such person is physically present at the time and place at which the bingo game is being conducted. (Ord. 1180, § 13, 11/8/1977) 911-16. Hours of Operation. All bingo games shall be conducted only during the hours of noon to midnight. (Ord. 1180, § 14, 11/8/1977) 911-17. Authority to Inspect Premises and Records. (a) The Treasurer-Tax Collector and/or the Sheriff shall have the authority to inspect the premises in order to insure that the operation of bingo games at the premises does not constitute a violation of any State or Federal law or provision of this chapter. (b) The Treasurer-Tax Collector and/or the Sheriff may inspect the records and special bank accounts containing profits derived from bingo games of any organization conducting bingo games whenever deemed reasonable and appropriate to insure compliance with the provisions of this chapter. (Ord. 1180, § 16, 11/8/1977) 911-18. Permits Required. No person or organization shall conduct a bingo game in Humboldt County without first obtaining a permit from the Treasurer-Tax Collector of the County of Humboldt to do so. (Ord. 1180, § 17, 11/8/1977; Ord. 1553, § 1, 9/21/ 1982)

911-19. Application for Permit Required. Written application for a permit required by this chapter shall be made by affidavit under penalty of perjury and filed with the Treasurer-Tax Collector of the County of Humboldt accompanied by payment of the permit fee specified in § 911-24 of this chapter. Such application shall contain: (a) Name of organization, names, signatures, addresses and dates of birth of all the officers of the organization. (b) Days and hours of operation of bingo games. (c) Attached copies of certificates or letters evidencing exempt status under §§ 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(z) of the Revenue and Taxation Code received from the Franchise Tax Board. (d) Address of premises where bingo games will be conducted. (e) Statement of ownership or lease of premises. (f) Purpose for which such premises are used by the organization. (g) Statement of consent for the Treasurer-Tax Collector and/or the Sheriff to inspect any bank accounts containing profits derived from bingo games. (h) Name of each individual (including address and date of birth), corporation, partnership or other legal entity which has a financial interest in the conduct of the bingo games. (i) Name of person (including address and date of birth) responsible for the operation of the bingo games. (j) A statement as to whether the applicant or proposed operator of a bingo game has been convicted within the past five (5) years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude. (k) A statement and agreement that the applicant or operator shall not utilize persons with conviction records referred to in subsection (j) of this § 911-32 to assist in the operation of bingo games. (l) Such further information as may be required by the Treasurer-Tax Collector to implement the provisions of this chapter. Said application shall be filed at least three (3) weeks before the first bingo game is to be held and shall indicate the name and address of the organization representative to be contacted and information on how such contact is to be made. (Ord. 1180, § 18, 11/8/1977; Ord. 1553, § 1, 9/21/1982)

911-20. Time for Action; Conditions. (a) The Treasurer-Tax Collector shall consider the records, papers, files and any other evidence he deems relevant and shall render his/her decision either granting or denying the permit within ten (10) working days after receipt of the application for a permit. (b) If the permit is approved, the Treasurer-Tax Collector may include such restrictions and conditions in the permit as he/she deems reasonable and necessary under the circumstances to insure compliance with the purposes and intent of this chapter. (Ord. 1180, § 22, 11/8/1977; Ord. 1553, § 1, 9/21/1982) 911-21. Denial of Permit. The Treasurer-Tax Collector may refuse to issue a permit if, after consideration of the application and any other papers, records and files he deems relevant, he/she finds that such applicant or operator of a bingo game has been convicted within the past five (5) years of a crime or crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud of similar crimes involving moral turpitude, or that the operation of a bingo game would be injurious to the health safety and morals of the people of the County, or that the permit application or proposed mode of operation of the bingo game is not in compliance with the provisions of this chapter. (Ord. 1180, § 23, 11/8/1977; Ord. 1553, § 1, 9/21/1982) 911-22. Changes in Operation or Information. (a) Any changes as to the staff operating a bingo game or any other changes in the information furnished under § 911-19 of this chapter made subsequent to the issuance of a bingo permit shall be reported to the Treasurer-Tax Collector for any further investigation which he deems necessary and appropriate. (b) If, after such investigation, the Treasurer-Tax Collector finds that the changes require suspension or revocation of the bingo permit, he shall give the notice required by §911-29 of this chapter. (Ord. 1553, § 1, 9/21/ 1982) 911-23. Type of Permit. Each organization proposing to conduct ten (10) bingo games or less a year shall obtain a special permit from the Treasurer-Tax Collector for each bingo game. Said special permit shall be valid only for the bingo game specified thereon. Each organization proposing to conduct more than ten (10) bingo games a year shall obtain a general permit from the Treasurer-Tax Collector. (Ord. 1553, § 1, 9/21/1982)

911-24. Permit Fee. (a) The fee for a special permit shall be Twenty-five Dollars ($25.00), payable at the time of application therefor. (b) The fee for a general permit shall be Fifty Dollars ($50.00), payable at the time of application and each renewal thereof. If an applicant for a permit is denied, one-half (½) of any permit fee paid shall be refunded to the organization. (Ord. 1180, § 26, 11/8/1977; Ord. 1553, § 1, 9/21/1982) 911-25. Permit Renewal. General permits are granted for one (1) year terms; each term is renewable annually. Written application for renewal of a general permit shall be made to the Treasurer-Tax Collector at least one (1) month prior to its expiration date. A special permit is granted only for a one (1) day term for each bingo game; said special permit shall not be renewable. (Ord. 1180, § 27, 11/8/1977; Ord. 1553, § 1, 9/21/1982) 911-26. Filing of Annual Report. Each authorized organization which has been issued a permit shall file a report made under penalty of perjury with the Clerk of the Board of Supervisors and with the Treasurer-Tax Collector containing the following information: (a) Any changes in or additions to the information required under § 911-19 of this chapter. (b) The total amount of money received from the operation of the bingo games in the previous fiscal year. (c) The total amount paid out in prizes. (d) Detailed costs to the organization for the operation of the bingo games. Each authorized organization which has been issued a general permit shall file said report at the end of each fiscal year. Each authorized organization which has been issued a special permit shall file said report within thirty (30)( days after each authorized bingo game. (Ord. 1180, § 28, 11/8/1977; Ord. 1553, § 1, 9/21/1982) 911-27. Permits and Licenses Nontransferable. Permits granted under this chapter shall not be transferable, either as to the permit or the location. Any attempt to transfer shall render the permit in question invalid. (Ord. 1180, § 29, 11/8/1977; Ord. 1553, § 1, 9/21/1982)

911-28. Revocation, Suspension or Permit and License Authorized. Any permit issued under this chapter may be suspended or revoked by the Treasurer-Tax Collector on his own motion or on application of the Sheriff or District Attorney for violation of any agreement or condition contained in the application for a bingo permit or in the permit itself, or a violation of any of the provisions of this chapter or any provisions of Federal or State law, or any false statement contained in the application for a bingo permit. (Ord. 1180, § 30, 11/8/1977; Ord. 1553, § 1, 9/21/1982) 911-29. Notice, Hearing on Revocation; Suspension. The holder of a bingo permit shall be given prompt notice of revocation or suspension of said permit and shall immediately desist from conducting or operating any bingo game. Said notice shall fix a time and place, not less than five (5) nor more than sixty (60) days after service thereof, at which time the holder of said permit may appear before the Board of Supervisors and the granted a hearing upon the merits of said suspension or revocation. (Ord. 1180, § 31, 11/8/1977; Ord. 1553, § 1, 9/21/1982) 911-30. Violations; Penalties. (a) Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor, and, except as provided in subsection (b) of this section, any such person, upon conviction thereof, shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) and not more than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. (b) A violation of § 911-9 shall be punishable by a fine not to exceed Ten Thousand Dollars ($10,000.00), which fine shall be deposited in the County general fund. (Ord. 1180, § 15, 11/8/1977; Ord. 1553, § 1, 9/21/1982) § 912-1. § 912-2. § 912-3. § 912-4. § 912-5. § 912-6.