Huntington Park Municipal Code Ch. 25 Bingo Games for Charitable Nonprofit Organizations

Notwithstanding any other provision of this Code, this chapter is adopted pursuant to Section 19 of Article IV of the Constitution of the State and Section 326.5 of the Penal Code of the State in order to make the game of bingo lawful under the terms and conditions of this chapter.

(§ 1, Ord. 156-NS, eff. January 5, 1977)

The following words and phrases, wherever used in this chapter, shall be construed as defined in this section, unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

"Authorized organization"

shall mean an organization eligible to obtain a bingo license which shall include senior citizens organizations and organizations which are exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the Revenue and Taxation Code of the State.

"Bingo"

shall mean 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 which are concealed and preprinted in a manner providing for the 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.

"Minor"

shall mean any person under the age of 18 years.

"Person"

shall mean any individual, corporation, corporation sole, or unincorporated association.

(§ 1, Ord. 156-NS, eff. January 5, 1977, as amended by § 1 (a), Ord. 183-NS, eff. September 6, 1977, and § 1, Ord. 258-NS, eff. March 20, 1980)

It shall be unlawful for any person to conduct any bingo game in the City unless such person is a member of, and acting on behalf of, a senior citizens group or an organization which is exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the Revenue and Taxation Code of the State and such organization has been issued a license as provided in this chapter.

(§ 1, Ord. 156-NS, eff. January 5, 1977, as amended by § 1 (b), Ord. 183-NS, eff. September 6, 1977)

An application for a bingo license shall be made in writing to the Director of Finance, who shall immediately refer such application to the Police Chief, Director of Community Development, Fire Chief, and City Attorney for their investigation and report. The application for a bingo license shall contain at a minimum the following:

(a) A list of all members who will operate the bingo game and who shall be personally responsible for compliance with all of the terms and conditions of the license. Such list shall include the full name of each such member, date of birth, place of birth, physical description, social security number, home address, and home telephone number;

(b) The date(s) and place(s) of the proposed bingo game or games; and

(c) Proof that the organization is a senior citizens organization or an organization which is exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the Revenue and Taxation Code of the State, including, but not limited to, a copy of the articles of incorporation, charter, letters of determination by the Franchise Tax Board of the State, or other evidence of the tax exempt status of such organization.

(§ 1, Ord. 156-NS, eff. January 5, 1977, as amended by § 1 (c), Ord. 183-NS, eff. September 6, 1977 and § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999)

Upon the receipt of an application for a bingo license, the Police Chief, the Director of Community Development, the Fire Chief, and the City Attorney shall make such investigations as pertain to their particular areas of responsibility, and all departments of the City shall cooperate with all of such persons in order to permit them to conduct a proper investigation of the applicant. All of such reports shall be made to the Director of Finance within 30 days after such referral, unless additional time for investigation is given by the Council. Upon the receipt of all of such reports, the Director of Finance shall cause the application to be placed on the agenda for consideration by the Council at its next regular meeting. At the time of consideration by the Council, any interested party shall be given the right to be heard upon the matter of granting such license. The City Attorney shall include in his or her report whether or not the applicant has furnished sufficient evidence to establish that it is a senior citizens organization or an organization exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the Revenue and Taxation Code of the State.

The Council, after considering the reports of the departments as described in this section, may impose such reasonable conditions as it deems necessary in order to protect the public health and welfare and adjoining residences or businesses, and the Council shall grant the license if it determines that:

(a) The applicant qualifies, and that such applicant has not knowingly made any false, misleading, or fraudulent statement of a material fact in the application for the license or in any record or report required to be filed under this chapter;

(b) None of the members of the applicant who will operate the bingo game have previously been convicted of violating any of the provisions of this chapter or of any provision of State law relating to unlawful gambling or of theft, or of any felony; and

(c) The applicant has agreed in writing to comply with the conditions set forth in this chapter or imposed by the Council.

(§ 1, Ord. 156-NS, eff. January 5, 1977, as amended by § 1 (d), Ord. 183-NS, eff. September 6, 1977 and § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999)

The maximum term of a bingo license shall be one year, and it may be renewed for a maximum period of one year any time within six months after its date of expiration upon an application therefor.

The fee for a bingo license shall be $50. There shall be a fee of $50 for the renewal of the license. The appropriate fee shall accompany the submission of each application or request for renewal. In the event the initial or renewal application is denied, $25 of such fee shall be refunded to the applicant.

(§ 1, Ord. 156-NS, eff. January 5, 1977, as amended by § 1 (e), Ord. 183-NS, eff. September 6, 1977)

After the completion of a favorable investigation and the qualification of the applicant organization, the Director of Finance shall issue a license to the applicant setting forth the terms and conditions of the license, which shall be displayed in the place where the bingo games are conducted, and upon written acceptance by the applicant of any conditions imposed by the Council. The Police Chief shall then issue an individual identification permit to each individual authorized to conduct the bingo game on behalf of the applicant organization. An investigation fee of $5 shall be paid for each such permit at the time the organization files the application, along with the application fee payable by the organization. Such permits shall be subject to suspension in the same manner as the license for the organization. The individual permits shall remain in effect so long as the organization's license is in effect, and no renewal fee shall be required for such individual permits. Upon the termination or suspension of the bingo license of the organization, all individual permits shall be surrendered to the Police Chief within 10 days after such termination or suspension. The possession of such individual permit after 10 days after the date of the termination or suspension of an organization's license shall be subject to the punishment provided in Section 5-25.12 of this chapter.

(§ 1, Ord. 156-NS, eff. January 5, 1977, as amended by § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999)

If the Council deems it to be necessary and in the public interests, the Council shall have the discretion, upon good cause shown, to waive the initial bingo license fee, the renewal fee, and any investigation fee required by this chapter in the case of senior citizens' organizations which are either co-sponsored by the City Recreation Department or part of a regularly-scheduled Recreation Department program.

(§ 1, Ord. 196-NS, eff. March 23, 1978)

Each bingo license shall be issued to a specific authorized organization to conduct a bingo game at a specific location and shall in no event be transferable from one organization to another, nor from one location to another.

(§ 1, Ord. 156-NS, eff. January 5, 1977, as amended by § 1, (f), Ord. 183-NS, eff. September 6, 1977)

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

(b) An authorized organization, as defined in this chapter, 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 the performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. For the purposes of this chapter only, the use of a City Recreation Department facility or meeting room by an authorized organization on a regularly-scheduled basis, pursuant to arrangements made with the City, shall be deemed to be a lease.

(c) All bingo games shall be open to the public, not just to the members of the authorized organization.

(d) All bingo games shall be operated and staffed only by members of the organization which holds a license issued pursuant to this chapter. No member shall 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.

(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 game.

(f) With respect to organizations exempted from the payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code of the State, 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, and 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. Such proceeds shall be used only for charitable purposes, except as follows:

(1) Such proceeds may be used for prizes; and

(2) A portion of such proceeds, not to exceed 20% of the proceeds after the deduction for prizes, or $2,000 per month, whichever is less, may be used for the rental of property, overhead, and administrative expenses.

(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 game shall not exceed $250 in cash or kind, or both, for each separate game which is held.

(i) The playing of bingo may be conducted on any day of the week, at any time of the day, except between the hours of 2:00 a.m. and 8:00 a.m.

(j) No bingo game shall be conducted unless the licensed organization provides not less than one off-street parking space for each 10 fixed seats or one off-street parking space for each 100 square feet of floor area if fixed seats are not provided. If the organization does not meet such off-street parking requirements, a parking variance shall first be obtained from the Planning Commission, after the payment of the necessary application fee therefor, and subject to such reasonable conditions as the Planning Commission shall impose. The applicant or any person shall have the right to appeal to the Council from the determination of the Planning Commission in the manner provided for appeals for zoning matters.

(k) The organization to which the license is issued shall indicate in writing its acceptance of all of the terms and conditions of such license, as set forth in this chapter, before a license will be issued.

(§ 1, Ord. 156-NS, eff. January 5, 1977, as amended by § 1(g), (h), (i), and (j), Ord. 183-NS, eff. September 6, 1977, § 2, Ord. 196-NS, eff. March 23, 1978, § 1, Ord. 331-NS, eff. October 20, 1982, and § 1, Ord. 548-NS, eff. August 17, 1994, and § 2(85), Ord. 624-NS, eff. Dec. 15, 1999)

Any peace officer shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and list of approved members of the authorized organization who will operate the bingo game available for inspection at all times during any bingo game.

(§ 1, Ord. 156-NS, eff. January 5, 1977, as amended by § 1 (k), Ord. 183-NS, eff. September 6, 1977)

In addition to any other penalties provided in this chapter, a bingo license may be suspended or revoked if the licensee, or any person authorized to conduct bingo games on behalf of the licensee, violates any of the provisions of this chapter. If, after an investigation, the Police Chief determines that a bingo license should be suspended or revoked, he or she is hereby authorized to issue an immediate suspension or revocation, which shall be effective until the second regular Council meeting following such suspension or revocation, provided the Police Chief gives to the Council and licensee a written notice of such suspension or revocation and the reasons therefor. Such notice shall be delivered within three days after such suspension or revocation in person to the licensee's bingo game location or shall be sent to the licensee by certified mail, addressed to the licensee's address as set forth in the application. The licensee shall have the right to appeal to the Council the suspension or revocation by filing a written notice of appeal with the City Clerk not later than five days before the second regular Council meeting following the notice of suspension or revocation. The Council shall consider the report of the Police Chief and, at its second regular meeting following the suspension or revocation notice, shall either affirm and ratify the permanent suspension or revocation or shall overrule such suspension or revocation and restore all of the licensee's rights to conduct bingo games. In the event of an appeal by the licensee, the Council shall not take final action until it has given the licensee the opportunity to be heard on its appeal to the Council.

Any licensee whose license has been revoked shall not be eligible to apply for another license until one year has passed after the date of the revocation of its license.

(§ 1, Ord. 156-NS, eff. January 5, 1977)

Any member of a licensed organization who receives a profit, wage, or salary from the operation of a bingo game shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed $10,000, which fine shall be deposited in the General Fund of the City. Any person violating any of the other provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $1,000, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. The organization to which the license is issued shall have imputed liability for the conduct of any of its members who may be operating any bingo game on behalf of such organization.

(§ 1, Ord. 156-NS, eff. January 5, 1977, as amended by § 2 (86), Ord. 624-NS, eff. Dec. 15, 1999)

If any provision, clause, sentence, or paragraph of this chapter, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are hereby declared to be severable.

(§ 1, Ord. 156-NS, eff. January 5, 1977)