Huron Municipal Code Ch. 5.17 Bingo Games

In this chapter, unless the context requires otherwise:

"Bingo" means a game of chance operated for a fee in which prizes are awarded on the basis of designated numbers or symbols on a card that conform to numbers or symbols selected at random.

"Eligible organization" means an organization referred to in Penal Code § 326.5, including but not limited to any corporation incorporated in this state, or in any other state, as a non-profit corporation, and includes a mobile home park association, senior citizen organization or charitable organizations affiliated with any school district or any public entity.

( Ord. No. 370 , § 2, 6-15-2016)

An eligible organization may conduct bingo games in compliance with this chapter.

( Ord. No. 370 , § 2, 6-15-2016)

Before conducting a bingo game an eligible organization shall obtain a license from the city manager. Applications shall: (1) be made on a form prescribed by the city manager and shall include proof that the organization is an eligible organization as defined in this chapter; (2) date or periodic description of days when games will held; (3) times of the day when games will be held; (4) place where games will held; (5) number and value of prizes to be offered; and (6) other information prescribed on the form provided by the city manager.

( Ord. No. 370 , § 2, 6-15-2016)

The city council may, by resolution, prescribe a license fee in an amount that covers the cost of issuing the permit and administering of this chapter.

( Ord. No. 370 , § 2, 6-15-2016)

Upon receiving an application, the city manager shall make an investigation of the applicant or of the individual named in the application in order to determine whether the license may be issued.

( Ord. No. 370 , § 2, 6-15-2016)

Within thirty (30) days after receiving an application, the city manager shall either issue the license or deny it in writing stating the reasons for the denial.

( Ord. No. 370 , § 2, 6-15-2016)

The city manager may suspend or revoke a license for violation of this chapter for a false, misleading or fraudulent statement of a material fact made either in the application for the license, or in the promotion, supervision, operation, conduct or staffing of a bingo game.

( Ord. No. 370 , § 2, 6-15-2016)

If the city manager determines that a bingo license should be suspended or revoked, he or she shall serve on the licensee notice of his or her intent, with the city manager's reasons. The notice shall provide for a suspension or revocation of the license seven days after service of the notice, unless the licensee arranges to appear at a hearing before the city manager and show cause why such action should not be taken.

( Ord. No. 370 , § 2, 6-15-2016)

The city manager may immediately suspend or revoke a bingo license upon the licensee's (1) refusal to permit the entry of a peace officer to investigate the conduct of the bingo game; or (2) refusal to permit the city manager to review or audit the organization's records relating to the conduct of bingo games under the license and relating to the special account required by Penal Code §326.5(j). Within forty-eight (48) hours of the taking of such action, the city manager shall serve on the licensee a written statement of the reasons for the action and shall set a show cause hearing on reinstatement of the license within five days of the request to do so by the licensee.

( Ord. No. 370 , § 2, 6-15-2016)

The city manager shall issue his/her written decision within seven days after the conclusion of a show cause hearing.

( Ord. No. 370 , § 2, 6-15-2016)

The city manager's action taken under any provision of this chapter may be appealed to the city council by any person.

( Ord. No. 370 , § 2, 6-15-2016)

In order to grant or reinstate a license upon appeal, the city council shall find that the applicant meets the qualifications prescribed in Penal Code § 326.5, has not committed an act constituting grounds for revocation or suspension and is not otherwise in violation of applicable statutes or this ordinance. The city council may impose reasonable conditions on the issuance of a C license that is granted pursuant to an appeal.

( Ord. No. 370 , § 2, 6-15-2016)

A license authorizing a specific charitable organization, or other eligible organization to conduct a bingo game on behalf of the charitable organization or other eligible organization may be used for that purpose at any location within the city, including but not limited to city-owned property leased or occupied by the charitable organization or other eligible organization with the consent of the city. The license is not transferrable. The license is a temporary permit to act within this chapter and other applicable laws and regulations and is valid for the calendar year in which it is issued.

( Ord. No. 370 , § 2, 6-15-2016)

The licensee shall display the license at the authorized location(s) during the game(s).

( Ord. No. 370 , § 2, 6-15-2016)

The bingo games must be held on property owned or leased by the eligible organization and used by it as an office or for the performance of the purpose for which the organization exists, or on city-owned property pursuant to a lease or consent by the city for the eligible organization to occupy city property.

( Ord. No. 370 , § 2, 6-15-2016)

A. Public. A bingo game must be open to the public and not limited to members of the eligible organization.

B. Minors. It is unlawful for a minor to participate in a bingo game.

C. Physical Presence. It is unlawful for a person to participate in a bingo game unless the person is physically present at the game.

( Ord. No. 370 , § 2, 6-15-2016)

A. Only the eligible organization or a member of the eligible organization may operate the bingo game or participate in the promotion supervision or other phase of the game. No member may receive a profit, wage or a salary from the bingo game.

B. No individual, corporation, partnership or legal entity other than the eligible organization may have any financial interest in the conduct of bingo games,

( Ord. No. 370 , § 2, 6-15-2016)

The money derived from bingo shall be kept in a special fund or account and shall not be commingled with another fund or account.

( Ord. No. 370 , § 2, 6-15-2016)

It is a misdemeanor for a person to receive a profit, wage or salary for the operation of a bingo game. Any violation of this chapter except violations designated as misdemeanors are infractions. The first violation is punishable by a fine not to exceed two hundred dollars ($200.00). The second violation in a one-year period is punishable by a fine not to exceed four hundred dollars ($400.00). The third and subsequent violations in the same year are punishable by a fine not to exceed one thousand dollars ($1,000.00). The city may bring an injunction to enjoin violation of this chapter.

( Ord. No. 370 , § 2, 6-15-2016)