Kern County Municipal Code Ch. 5.16 Bingo

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 which conform to numbers or symbols selected at random.

(Prior code § 5469)

Notwithstanding any other provisions of this code, the county is authorized pursuant to Section 19, Article IV of the California Constitution and Section 326.5 of the Penal Code to provide for, and does provide for, bingo games but only for charitable purposes in accordance with the provisions of this chapter.

(Prior code § 5460)

It is unlawful for any person, firm, corporation, organization or association to engage in, carry on, maintain, conduct or cause to be engaged in, carried on, maintained, or conducted a bingo game in the county without first having secured a license from the sheriff of the county in accordance with the requirements of this chapter, nor without complying with the regulations contained herein pertaining to the operation of bingo games.

(Prior code § 5461)

The provisions of this chapter shall be applicable to all licensees whether or not a license to conduct bingo games was issued before or is issued after the effective date of the ordinance codified in this chapter. Except as otherwise provided, all licensees shall have sixty (60) days from said effective date to comply with the provisions of this chapter.

(Prior code § 5488)

Not more than fifty (50) annual licenses to conduct bingo games shall be in force and effect at any one time, nor shall any licensee under this chapter be a bingo licensee of any city in the county.

(Ord. G-6108 § 2, 1994: prior code § 5461.1)

The following organizations are eligible to apply to the county for a license to conduct bingo games in the county under the provisions of Section 326.5 of the Penal Code of the state of California and the provisions of this chapter; provided, that each such organization or association establishes to the satisfaction of the sheriff of the county that it has actively engaged within the county in those activities described in its articles of incorporation or bylaws for a period of not less than six (6) months immediately preceding the date of its application:

A. Organizations exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code of the state of California;

B. Mobilehome park associations;

C. Senior citizens organizations with a membership requiring that the member, or the member's spouse, be fifty (50) years of age or older.

(Prior code § 5462)

Applications for a license to conduct bingo games pursuant to this chapter shall be executed under penalty of perjury and shall be submitted to the sheriff of the county on forms to be provided by the sheriff. In the event that the board of supervisors by resolution fixes an annual license fee, such fee shall accompany the application. The license issued shall be for a term of one (1) year from the date of issuance, subject to renewal and annual fee.

(Prior code § 5463)

The fee for issuance or renewal of any license to operate a bingo game under this chapter shall be fifty dollars ($50.00). If for any reason a license is not issued or renewed, one half of the fee shall be returned.

(Ord. G-6392 § 3, 1997: Ord. G-5233 § 2, 1990: prior code § 5487)

The sheriff's office shall maintain a waiting list for those organizations eligible for a bingo license pursuant to this chapter and which have requested in writing to be placed upon said list. Written requests for a bingo license shall be time and date stamped by the sheriff's office which will then give an organization written notification of the date and time of receipt of the request to be placed upon the waiting list. It will be the obligation of the applicants annually to renew in writing their intention to remain on the waiting list. Said renewal must be received by the sheriff within thirty (30) days of the date of the anniversary of the receipt of the organization's original request to be placed upon the waiting list. Those organizations which on the effective date of the ordinance codified in this section are on the informal waiting list for a bingo license kept by the sheriff's office shall maintain their present positions on said list but shall be required to submit a written request by August 1, 1984 and annually thereafter in order to remain on the waiting list. The sheriff's office shall issue a bingo license only to an organization that has complied with this chapter and is the earliest in time on the waiting list at the time of issuance. In cases where two or more eligible organizations have the same date and time for the submission of their bingo license application, the sheriff's office shall issue a license to the winner of a random drawing conducted by the sheriff involving said organizations. The denial of an annual bingo license for the reason that the organization has not complied with the provisions of this section shall be treated the same as the denial of a license as provided for in Section 5.16.170 of this chapter.

(Prior code § 5463.1)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.16.060 and its application conforms to the requirements, terms and conditions of this chapter. No license shall be issued to any organization or association if a director, officer or salaried or paid employee of the applicant is a director, officer or salaried or paid employee of an organization or association already licensed to conduct bingo games under the provisions of this chapter, except that any director currently in violation of this provision may serve out his or her current term of office provided that such individual was in said office prior to March 1, 1984.

(Prior code § 5464)

The sheriff of the county shall be authorized to issue temporary licenses for the conducting of bingo games pursuant to the provisions of this chapter. A temporary license shall be issued for a one (1) day period for the conducting of bingo games, and no more than six (6) temporary licenses may be issued to an organization during a one (1) year period. No holder of an annual license will be eligible to obtain a temporary license. The applicant shall pay a fee of fifteen dollars ($15.00) at the time the application is submitted to the sheriff. If the application is denied, one-half (½) of any license fee paid shall be refunded to the applicant.

(Prior code § 5464.1)

Applications for bingo licenses shall contain the following:

A. The name of the applicant organization and a statement that applicant is an eligible organization under Section 5.16.060;

B. The name and signature of at least two (2) officers, including the presiding officer of the corporation or community chest and the trustee of any trust;

C. A description of the particular property within the county, including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy of such place;

D. Proposed days of the week and hours of the day for the conducting of bingo games;

E. The board of supervisors may by resolution establish an annual license fee, not to exceed fifty dollars ($50.00). In the event that such a fee has been established, the applicant shall pay the fee at the time the application is submitted to the sheriff. If the application license is denied, one-half (½) of any license fee paid shall be refunded to the applicant;

F. The applicant shall also submit with its application a certificate of determination of exemption under one of the Revenue and Taxation Code sections listed in subsection (A) of Section 5.16.060 of this chapter, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing the required exempted status; in the case of a mobilehome park association applicant, the applicant shall submit a statement that the members thereof are residents of a duly permitted mobilehome park located within the county; in the case of a senior citizens organization applicant, the applicant shall submit a statement specifying the qualifications for membership in such organizations. Mobilehome park associations and senior citizens organizations are not required to be exempted from the bank and corporation tax;

G. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter, as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the sheriff upon violation of any of such provisions;

H. Said application shall be signed by the applicant under penalty of perjury.

(Prior code § 5465)

Upon receipt of the completed application, the sheriff shall make an investigation to determine whether all of the statements in the application are true and shall refer the application to other interested departments of the county, including, but not limited to, the directors of the planning and community development department, public health services department, and fire department to determine whether the appropriate zoning ordinances and regulations, building code ordinances, health ordinances and regulations, and the provisions of the Uniform Fire Code have been or will be complied with.

(Prior code § 5466)

(Ord. No. G-8035, § 17, 4-20-10)

The filing of an application for a license shall be deemed a consent by the applicant for the sheriff to make an investigation to determine whether all the statements on the application are true and to investigate the officers of the applicant and the persons who will be responsible for the operation of the bingo game and those persons assisting therein as to any criminal record they may have, and to disclose the same to the appropriate county officials. The application shall also be deemed consent for other interested county departments to inspect such premises and report thereon.

(Prior code § 5465.1)

In the event the sheriff's vice division, or other interested department of the county, including, but not limited to, the directors of the planning and community development department, public health services department, and fire department, recommends against the issuance of the license, the sheriff shall refuse to issue the license and shall refund one-half (½) of the application fee to the applicant together with written notification of the denial of the license.

(Prior code § 5466.1)

(Ord. No. G-8035, § 18, 4-20-10)

The following shall constitute grounds for denial of a license:

A. The application is not complete;

B. The applicant or those persons responsible for assisting in the operation of the bingo game have knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the sheriff's department;

C. The building, structure, equipment or location of such applicant does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all the laws of the state of California or this code applicable to the issuance of said license;

D. The applicant or those persons responsible for assisting in the operation of the bingo game have been convicted of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude, or have been in any way connected with illegal gambling; or

E. The applicant or those persons responsible for assisting in the operation of the bingo game have had a bingo license revoked by the county or any other public entity.

(Prior code § 5466.2)

The sheriff shall have the right or cause to deny, suspend or revoke any bingo license issued under this chapter and to take possession of such license. Any of the grounds under which the sheriff is empowered to refuse to issue an initial bingo license shall also constitute grounds for such denial, revocation or suspension. The action of the sheriff in this respect shall be subject to an appeal to the board of supervisors. Notice of such appeal shall be filed in writing with the clerk of the board within ten (10) days after denial, revocation or suspension. Upon failure to file such notice within the ten (10) day period, the action of the sheriff in denying, revoking or suspending the bingo license shall be final and conclusive.

(Prior code § 5466.3)

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the county, the sheriff shall issue a license to said applicant, which shall contain the following information:

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

B. The address where bingo games are authorized to be conducted;

C. The occupancy capacity of the room in which bingo games are to be conducted;

D. The date of expiration of such license;

E. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter;

F. The day of the week and hours of the day for the conducting of bingo games.

(Prior code § 5467)

An organization licensed pursuant to this chapter shall not conduct or permit to be conducted a bingo game unless such license is posted in a conspicuous place during the conduct of any bingo game. The licensee 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.

(Prior code § 5468)

Upon the expiration of an annual bingo license issued pursuant to this chapter, the holder thereof shall upon the payment of the required license fee be entitled to a new license for the ensuing year without making a new application therefor, providing said holder is in compliance with the provisions of this chapter and the required license fee is paid not sooner than thirty (30) days prior to, nor later than thirty (30) days after, the expiration date of the existing bingo license. If a license is not thus renewed, the license application of the holder of the expired license shall upon receipt by the sheriff of the applicant's request in writing be placed on the waiting list of applicants for bingo licenses effective upon the date of receipt of the request. The appeal of a denial of renewal of an annual bingo license by the sheriff's office shall be administered as provided for in Section 5.16.170.

(Prior code § 5463.5)

The total value of prizes awarded during the conduct of any bingo game, or any other game, drawing or contest of any kind whatsoever awarded in conjunction with the conducting of any bingo game shall not in any event exceed five hundred dollars ($500.00) in cash or kind, or both, for each separate game which is held. If such prize for any separate game or drawing is less than said maximum amount, the amount of any subsequent prize may not include accumulation of any difference between the prize given and the maximum of five hundred dollars ($500.00).

(Ord. G-5233 § 3, 1990: prior code § 5470)

(Ord. No. G-8621, § 2, 2-2-16, eff. 3-4-16)

A. With respect to organizations exempt from payment of the bank and corporation tax by Section 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.

B. 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 subdivision (k) of Penal Code Section 326.5. Such proceeds shall be used only for charitable purposes, except as follows:

1. Such proceeds may be used for prizes.

2. A portion of such proceeds not to exceed twenty percent (20%) of the proceeds before the deduction for prizes, or one thousand dollars ($1,000.00) per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel.

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

(Prior code § 5471)

(Ord. No. G-8312, § 2, 7-31-12)

A. Each licensee shall keep a complete and accurate written record in connection with its operation, conduct, promotion, supervision, and any other phase of bingo games which are authorized by this chapter. Such record shall account for all money so received and disbursed and shall include the following:

1. With respect to organizations exempt from the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code:

a. The value in cash and/or kind of the prize awarded in each separate bingo game played and the date thereof,

b. Total amount of expenses paid for operation, conduct, promotion, and supervision of bingo games, including the total amount paid out for prizes, during every one (1) month period,

c. Total amount of profits derived from bingo games during the one (1) month period, which are disbursed from the special fund or account for charitable purposes, including the amount disbursed to the licensee organization,

d. Designation of the charitable purpose or purposes for which any profits are used, and the amount thereof, for each one (1) month period;

2. With respect to other licensees:

a. The value in cash and/or kind of the prize awarded in each separate bingo game played and the date thereof,

b. Total proceeds derived from bingo games for each monthly period,

c. Total disbursements from the special fund or account for prizes for each such monthly period,

d. Total disbursement of proceeds from the special fund or account for rental of property, overhead, and administrative expenses for each such monthly period,

e. Total disbursements of proceeds from the special fund or account used for charitable purpose or purposes for each such monthly period,

f. Designation of the charitable purpose or purposes for which any proceeds are used, and the amount thereof, for each such monthly period,

g. Amount remaining in the special fund or account at the end of each such monthly period.

B. Each licensee shall transmit a copy of the record required by this section to the county sheriff's office monthly. A ten (10) day grace period following each monthly reporting period shall be given for filing of such a report.

C. The county sheriff's office, by and through its authorized officers or employees or agents, shall have the right to examine and audit original records of the licensee pertaining to bingo at any reasonable time, and the licensee shall fully cooperate with the county by making such records available.

D. The licensee shall keep for three (3) years a written record of the name, address and date of birth or driver's license number of each person receiving a prize of a cash value or market value of one hundred dollars ($100.00) or more, which records shall be made available to the sheriff of the county upon his request.

E. For each bingo session, the licensee shall obtain the signature, and shall record on a list, the name, address and date of birth or driver's license number of all persons assisting in any manner in the conduct of a bingo game operation. Such list shall be signed by a principal officer of the licensee certifying that all persons assisting the conduct of the bingo game operation are members of the licensee organization. The list shall be made available for inspection at any time by the sheriff of the county.

(Ord. G-5233 § 4, 1990: prior code § 5472)

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

(Prior code § 5473)

A. A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall at all times during the conduct and operation of any bingo game be conspicuously identified by a name tag or other appropriate means as members authorized to operate and staff such games. Such members shall not receive a profit, wage or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game. This section does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the game, nor the payment of said security personnel from the revenues of bingo games as provided in subdivisions (j) and (k) of Penal Code Section 326.5.

B. The words profit, wage or salary in subsection A of this section and in Section 5.16.370 shall be understood to mean any form of remuneration or economic benefit to include, but not be limited to, the distribution of "cards" or "breakopens" used in bingo games.

(Prior code §§ 5474, 5474.1)

Any change during the license period in the organization of the licensee, its principal officers, the staff operating or assisting in the operation of the bingo game, or the condition of the premises shall be immediately reported to the sheriff of the county, who shall refer such changes to the appropriate official who shall make an investigation thereof and, if he deems appropriate, recommend the suspension and revocation of the license or the imposition of additional conditions thereto, to the sheriff of the county.

(Prior code § 5474.2)

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

(Prior code § 5475)

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 planning and community development department of the county in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person.

(Prior code § 5476)

(Ord. No. G-8035, § 19, 4-20-10)

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 purposes 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 ceases to be used as an office or as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization upon application under this chapter when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property be used or leased exclusively by or donated exclusively to such organization. Additionally, a licensee shall be required to conduct upon such property at least one (1) bingo game within any ninety (90) day period.

(Prior code § 5477)

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

(Prior code § 5478)

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.

(Prior code § 5479)

No person shall be allowed to play bingo without paying for the privilege to play if anyone present at the same game is required to pay in order to play, except that a licensee shall not be prohibited from distributing or awarding a total of ten (10) free games per week as advertisements or prizes to bingo patrons who may utilize said advertisements or prizes and who are not members of the licensee functioning in a position as staff or operator of any game or games of the licensee.

(Prior code § 5479.1)

No person who is in a state of intoxication shall be allowed to participate in a bingo game.

(Prior code § 5480)

No licensee shall conduct any bingo game more than six (6) hours out of any twenty-four (24) hour period, nor more than three (3) times per week. No bingo game shall be conducted before nine (9:00) a.m. nor after twelve (12:00) midnight of any day. No other game of any kind or nature shall be played during the regular bingo game hours. No location, including a single building or a series of contiguous rooms or buildings, shall be utilized to conduct bingo games more than six (6) hours during any twenty-four (24) hour period.

(Prior code § 5481)

(Ord. No. G-8312, § 3, 7-31-12)

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

(Prior code § 5482)

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.

(Prior code § 5483)

It is a misdemeanor under Section 326.5(b) of the Penal Code of the state of California for any person to receive or pay a profit, wage or salary from any bingo game authorized under this chapter, except security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games as provided in subdivisions (j) and (k) of Penal Code Section 326.5. A violation of Section 326.5(b) of the Penal Code is punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the county. A violation of any provisions of Section 326.5 of the Penal Code, other than subsection (b), is a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding five hundred dollars ($500.00), or both.

(Prior code § 5484)

The county may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this chapter.

(Prior code § 5485)

A. Use of an electronic bingo machine or machines by any player at any bingo game authorized under this chapter is prohibited unless each of the following conditions is satisfied:

1. The type of electronic bingo machine used has been demonstrated to and inspected and approved by the sheriff's department;

2. Not more than one (1) electronic bingo machine is used by any bingo player during any bingo game;

3. Not more than thirty-six (36) bingo cards are programmed into any electronic bingo machine during any bingo game;

4. No bingo card is programmed into any electronic bingo machine until the player has paid for and has been given the actual, physical card; and

5. No bingo or bingo winner is declared or prize awarded until a person authorized to operate the bingo game under Section 5.16.250 of this chapter has called up and inspected the alleged winning card programmed into the electronic bingo machine and inspected the actual physical card issued the player and confirmed that the cards are identical and that the random numbers called caused a bingo on that card.

B. As used in this section "electronic bingo machine" means any electronically powered device used by any bingo player at any bingo game authorized by this chapter which helps the bingo player mark, process by computer or otherwise register, record or process numbers selected at random on any bingo card.

(Ord. G-6392 § 2, 1997)

Any person or organization violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor.

(Prior code § 5485.1)