La Mesa Municipal Code Ch. 6.35 Bingo

Notwithstanding any other provisions of this chapter, this ordinance is adopted pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions in the following sections of this chapter.

(Ord. 2070; July 27, 1976)

Whenever in this chapter the following terms are used they shall have the meanings respectively ascribed to them in this section.

(a) Bingo is 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. Notwithstanding Penal Code Section 330c, 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."

(Ord. 2225; June 19, 1980)

(b) Qualified organizations. A qualified organization is one exempted from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954 or one of the following specific nonprofit organizations:

(i) American Legion, La Mesa Post

(c) Minor is any person under the age of eighteen (18) years.

(Ord. 2070; July 27, 1976, as amended by Ord. 2135; December 22, 1977)

It shall be unlawful for any person to conduct any bingo game in the City of La Mesa unless such person is a member of a qualified organization acting on behalf of such qualified organization and has been issued a license as provided by this chapter.

Application for license shall be made to the Director of Finance on forms prescribed by the Director of Finance and shall be filed not less than ten days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at least the following:

(a) A list of all members who will operate the bingo game, including full names of each member, date of birth, place of birth, physical description and driver's license number.

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

(c) Proof the organization is a nonprofit charitable organization as defined by this chapter or a specific organization as set forth in Section 6.35.020(b).

(Ord. 2070; July 27, 1976, as amended by Ord. 2135; December 22, 1977)

The term of a bingo license is six months and may be renewed for a period of six months any time within one year from the date of issuance, upon application therefor.

The fee for a bingo license shall be established by city council resolution. The fee for renewal shall be established by city council resolution. The appropriate fee shall accompany the submission of each application, and one-half is refundable in the event the license is denied and the balance shall be used to defray the cost of issuance of said license.

(Ord. 2135; Dec. 22, 1977: Ord. 2459 § 8; August 11, 1987)

Upon receipt of an application for a license, the director of finance may conduct an investigation of the applicant. In order to carry out a proper investigation, the director of finance may send copies of the application to any office or department of the city including, but not limited to, the police department, planning department, building department, fire department, or any department which the director of finance deems essential.

The director of finance and every officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant, and may examine the premises to be used for the bingo game.

Upon approval of any application for a bingo license the director of finance shall issue the license.

(Ord. 2070; July 27, 1976)

Each license issued hereunder shall be issued to a specific person on behalf of a qualified organization to conduct a bingo game at a specific location and shall in no event be transferable from one person to another or from location to another.

(Ord. 2135; Dec. 22, 1977)

A qualified organization 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. 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. Further limitations are as follows:

(Ord. 2293; June 24, 1982).

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

(b) All bingo games shall be open to the public, not just to the members of the nonprofit, charitable organization.

(c) A bingo game shall be operated and staffed only by members of the nonprofit, charitable organization which organized it. Such members shall be approved by the Director of Finance and shall not 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.

(d) No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game.

(e) 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 money collected 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 deductions for prizes, or one thousand dollars ($1,000) 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.

(Ord. 2293; June 24, 1982).

(f) 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.

(g) The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250) in cash or kind, or both, for each separate game which is held.

(h) No bingo game shall be conducted between the hours of midnight and 8:00 a.m.

(i) 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 conforms to numbers or symbols selected at random.

(Ord. 2135; December 22, 1977)

Any peace officer of the city shall have free access to any bingo game licensed under this chapter. The licenses shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game.

(Ord. 2070; July 27, 1976)

The Director of Finance may deny an application for a bingo license, or suspend or revoke a license if he finds the applicant or licensee or any agent or representative thereof has:

(a) Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this ordinance, or

(b) Violated any of the provisions of this chapter.

If after investigation the Director of Finance determines that a bingo license should be suspended or revoked or an application for such license denied, he shall prepare a notice of suspension, revocation or denial of application setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant's last address provided in the application or be personally delivered. Any person who has had an application for a bingo license denied by the Director of Finance or who has had a bingo license suspended or revoked by the Director of Finance may appeal the Director of Finance's decision in the manner provided in this chapter.

(Ord. 2070 § 1; July 27, 1976)

Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section:

(a) Within fifteen (15) calendar days after the date of any denial, suspension, revocation or other decision of the Director of Finance, an aggrieved party may appeal such action by filing with the City Clerk of the City of La Mesa a written appeal briefly setting forth the reasons why such denial, suspension, revocation or other decision is not proper.

(b) Upon receipt of such written appeal, the City Clerk of the City of La Mesa shall set the matter for public hearing before the City Council. The City Clerk shall notify the appellant and the Director of Finance of the date and place of the hearing at least ten (10) days prior to the date of hearing. At such hearing the appellant and Director of Finance may present evidence relevant to the denial, suspension, revocation or other decision of the Director of Finance.

(c) At the conclusion of the hearing, the City Council may uphold the denial, suspension, revocation or other decision of the Director of Finance or may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other decision of the Director of Finance which is the subject of this appeal. The decision of the City Council is final.

(Ord. 2070, § 1; July 27, 1976)

(a) It is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter, and said violation is a misdemeanor punishable by a fine not to exceed ten thousand dollars ($10,000).

(Ord. 2135; December 22, 1977)