Irwindale Municipal Code Ch. 9.14 Bingo Games for Charitable Purposes

No person shall conduct a bingo game within the city without first having applied for and received a permit from the city manager pursuant to this chapter.

(Ord. 528 § 3(part), 1998).

As used in this chapter, bingo means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card that conform to numbers and symbols selected at random. The game of bingo shall include cards having numbers or symbols that are concealed and preprinted in a manner providing for 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. All such preprinted cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." It is the intention of the city council that bingo as defined in this section applies exclusively to this chapter and shall not be applied in the construction or enforcement of any other provision of the law.

(Ord. 528 § 3(part), 1998).

A permit issued pursuant to Section 9.14.010 shall be subject to the following conditions:

A. Only the following organizations may receive a permit to conduct bingo games, provided that the receipts of such games are used only for charitable purposes:

1. Organizations exempt from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, or 23701l of the California Revenue and Taxation Code;

2. Mobile home park associations;

3. Senior citizens' organizations.

B. An organization authorized to conduct bingo games pursuant to this chapter shall conduct a bingo game only on property owned or leased by it, or on property the use of which is donated to the organization and which property is used by the organization for an office or for 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, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, the organization.

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

D. A bingo game shall be operated and staffed only by members of the authorized organization that organized it. The organization shall not pay and its members shall not receive a profit, wage or salary from any bingo game. Only the organization authorized to conduct the bingo game shall operate the game, or participate in the promotion, supervision or any other phase of the game. This subsection does not preclude the employment of non-member security personnel at a bingo game conducted by the authorized organization.

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 a bingo game.

F. With respect to the organizations exempt from payment of the Bank and Corporation Tax by Section 23701d of the California 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. Those profits shall be used only for charitable purposes.

G. 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 within subsection F of this section. Those proceeds shall be used only for charitable purposes, except as follows:

1. The proceeds may be used for prizes.

2. A portion of the proceeds, not to exceed twenty percent of the proceeds before deduction for prizes, or two thousand dollars per month, whichever is less, may be used for the rental of property and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

3. The proceeds may be used to pay license fees.

H. If the monthly gross receipts from bingo games of an organization within this subsection exceed five thousand dollars, ten percent of the proceeds shall be used only for charitable purposes not relating to the conducting of bingo games. The balance shall be used for prizes, rental of property, overhead, administrative expenses, and payment of license fees, subject to the limitations in subsection (G)(2) of this section.

I. No minor shall be allowed to participate in any bingo game. A "minor" means a person under eighteen years of age as specified in California Civil Code Section 25.

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

K. The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held.

(Ord. 528 § 3(part), 1998).

Organizations granted a permit or permit renewal pursuant to this chapter shall pay a license fee of fifty dollars annually. The license fee shall be submitted to the city along with the application for the permit or permit renewal. If the application is denied, one-half of the license fee shall be refunded to the organization.

(Ord. 528 § 3(part), 1998).

A. Violation of the provisions of Section 9.14.020(D) prohibiting any person from paying or receiving a profit, wage or salary from any bingo game authorized pursuant to this chapter shall constitute a violation of Penal Code Section 326.5, a misdemeanor punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city.

B. Violations of any other provision of this chapter shall be a misdemeanor punishable by either a fine of up to five hundred dollars or six months in the county jail, or both,

C. In addition to any other remedies available to the city, the city may commence an action to enjoin a violation of this chapter.

(Ord. 528 § 3(part), 1998).