Isleton Municipal Code Ch. 6.16 Bingo

This chapter is adopted pursuant to the authority granted to the city under section 19, article IV of the California Constitution and section 326.5 of the California Penal Code to allow bingo games to be conducted by authorized organizations.

For the purpose of this chapter "bingo" means a game of chance in which prizes are awarded on the basis of designated number or symbols on a card which conforms 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 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."

No person, firm, corporation, organization or association shall engage in, carry on, maintain, or conduct a bingo game in the city without first having secured a license from the city clerk in accordance with the requirements of this chapter, nor without complying with the regulations contained herein pertaining to the operation of bingo games.

Organizations which are exempted from the payment of the bank and corporations tax by sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(1) of the California Revenue and Taxation Code, mobile-home park associations and senior citizens' organizations are eligible to apply for a license to conduct bingo games in the city.

The licensing authority shall be the city clerk or his designee. An eligible organization seeking a license to conduct bingo games shall file a written application with the city clerk on a form to be provided by the city clerk. An applicant basing eligibility for a bingo license on an exemption from payment of bank and corporate tax shall also submit with its application a certificate of determination of exemption under the applicable section of the California Revenue and Taxation Code, or a letter of good standing from the exemption division of the franchise tax board in Sacramento showing such exemption.

The application for a license shall contain the following:

A. The name of the applicant organization and written proof that applicant is an eligible organization under section 6.16.040.

B. The name and address of the presiding officer of the organization and the name and address of the member of the organization who will be primarily responsible for conducting the bingo games.

C. The description and street address of the property on which the bingo games will be conducted, together with the occupancy capacity of such place. Bingo games may be conducted only on qualified property as defined in section 6.16.240.

D. Proposed days of week and hours of day for conduct of bingo games.

E. A statement that the applicant agrees to conduct bingo games in strict compliance with the provisions of section 326.5 of the California Penal Code and this chapter, as they may be amended from time to time.

F. The agreement by the applicant that upon issuance of a license, it will maintain adequate records and accounts which will be available for inspection by city clerk or his designee following written demand for inspection.

The application shall be executed by the presiding officer of the applicant organization and shall be made under penalty of perjury.

The annual license fee as fixed by resolution of the city council shall accompany the application. Unless otherwise provided by resolution, the license fee shall be $50.00. If an application for a license is denied, one-half of the fee shall be refunded to the applicant.

Upon receipt of the completed application and fee, the city clerk shall make an investigation to determine if all of the statements in the application are true and shall refer that application to other interested departments of the city, including but not limited to the director of public works, chief of police and fire chief to determine if the appropriate zoning ordinances and regulations, building code ordinances, and regulations, and the provisions of the Uniform Fire Code have been or will be complied with. The chief of police may require the driver's license number and take the fingerprints of any person whose name is included in the application where he determines it to be necessary in order to carry out his duties under this chapter.

The license shall be for a term of one year from the date of issuance and maybe renewed upon application and payment of the fee.

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city and that the operation will not be detrimental to the public health, safety and welfare, the city clerk shall issue a license to said applicant which shall contain the following information:

A. The name of the organization to whom the license is issued.

B. The address where bingo games are authorized to be conducted and the days and hours of operation.

C. Date of expiration of license.

If the city clerk determines that the applicant does not qualify for the issuance of a license, the application shall be denied and written notice of denial given to the applicant. The city clerk shall not issue a license if it appears:

A. There has been a misstatement of a material fact in the application.

B. The organization seeking the license is not eligible therefor under state law of this chapter.

C. The proposed place of operation does not comply with fire, building or zoning ordinances of the city.

D. An officer of applicant required to be included in the application or the person primarily responsible for the operation of the bingo game has been convicted of a felony or a misdemeanor involving moral turpitude within the past five years.

Upon denial of a license the applicant shall be notified in writing of said denial and the reasons therefor.

An organization licensed pursuant to this chapter shall not conduct or permit to be conducted a bingo game, unless said license is posted in a conspicuous place during the conduct of any bingo game. The license shall produce and exhibit the same when applying for renewal thereof, and whenever requested to do so by any peace officer or officer authorized to issue, inspect or collect licenses.

Any license issued under the terms of this chapter may be revoked by the city clerk if he determines that the activity authorized by the license has been or is being conducted, maintained or carried out in a manner contrary to or in violation of any law of the state, city or federal government, or any provision of this chapter. The city clerk may also revoke the license upon any grounds which would justify a denial of a license. No license shall be revoked until a hearing has been held by the city clerk or his designated representative. Written notice of the time and place of such hearing shall be served upon the licensee at least seven days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied on for revoking the license. Notice may be given either by personal delivery or by depositing the notice in the United States mail in a sealed envelope, postage prepaid, addressed to the organization to be notified as its address as it appears on its application for the license.

Any licensee or applicant whose license has been revoked or whose application for license has been denied, may, within ten days after receiving such notice in writing, appeal to the city council by filing a written notice of appeal with the city clerk. During the pendency of an appeal of a revocation, the license shall remain in effect.

If such appeal is not taken within ten days the decisions of city clerk shall be final. If a timely appeal is filed, the city council shall schedule a hearing on the appeal and given appellant at least ten days prior written notice of the hearing. The city council shall conduct the hearing on the appeal and render its decision within 60 days. The city council may deny, or revoke the license if it finds that the applicant is not qualified under this chapter or that the licensee has violated any of the provisions of this chapter. The city council's decision shall be final forthwith.

Judicial review may be had by filing a petition for a writ of mandate in accordance with the provisions of the California Code of Civil Procedure. Any such petition shall be filed within 30 days after the day the decision of the city council becomes final.

When the city clerk has denied or revoked any license as provided for herein and the time for appeal to the city council has elapsed, or if after appeal to the city council the decision of the city clerk has been affirmed by such body, no application for the same type of license at the same location shall be accepted from the applicant or license holder and no such license shall be issued to such organization for a period of one year after the action by the city clerk in denying or revoking the license.

Any license issued under this chapter shall be non-transferable and shall be returned to the city clerk within seven days of its expiration.

The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or kind, or both, for each separate game which is held.

With respect to organizations exempt from payment of the bank and corporation tax by section 23701(d) 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. 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 bingo games 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 other than those which are exempt from payment of the bank and corporation tax of section 23701 (d) of the Revenue and California 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 20 percent of the proceeds before the deduction for prizes, or $1,000.00 per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expense, security equipment and security personnel.

C. Such proceeds may be used to pay license fees.

No individual, corporation, partnership, or other legal entity, except the licensee shall hold a financial interest in the conduct of such bingo games.

A bingo game shall be operated and staffed only by members of the licensed organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensed organization shall operate such game, or participate in the promotion, supervisor, or any other phase of such game. This does not preclude the employment of security personnel who are not members of the licensed organization at such bingo game by the licensee.

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

Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the fire department and building inspection department of the city in accordance with applicable laws and regulations. Licensees shall not reserve seats or space for any person.

A licensee 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 office or for performance of the purpose for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceased to be owned, leased or used by licensee, the licensee, the license shall have not further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter when it again owns, leases or receives the use of qualified property.

Nothing in this section 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 such organization.

No person under the age of 18 years of age shall be allowed to participate in any bingo game.

No licensee shall issue chips or money to a patron on credit or loan (including but not limited to IOU's and checks to be held) or allow any patron to play on credit.

No person who is obviously intoxicated shall be allowed to participate in a bingo game.

No bingo game shall be conducted between the hours of 2:00 a.m. and 10:00 a.m. of any day.

The licensee shall post in a conspicuous place during the conduct of any bingo game the rules and regulations of said game.

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.

Each licensee shall keep and maintain full, complete, and accurate records and accounts, shall include in such accounts the amount of money obtained from players, the amount of money or type and value of prizes given for each game played, and the disposition of all funds generated by the conduct of bingo games. The city shall have the right to inspect such records at any reasonable time. Said records shall be retained for such period of seven years.

A. Except for security personnel employed by the licensee pursuant to section 6.16.210, any person who receives or pays any profit, wage or salary from any bingo game conducted pursuant to this chapter is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $10,000.00, which fine shall be deposited in the general fund of the city.

B. Except as provided in subdivision A of this section, a violation by any provision of this chapter is an infraction and shall be punishable by:

1. A fine not exceeding $50.00 for a first violation;

2. A fine not exceeding $100.00 for a second violation within one year;

3. A fine not exceeding $250.00 for each additional violation within one year.

C. the conduct of bingo games in violation of California Penal Code section 326.5 or this chapter is declared to be a public nuisance and the city attorney is authorized to bring an action in a court of competent jurisdiction to enjoin the same.