Laguna Beach Municipal Code Ch. 5.76 Bingo Games

Organizations eligible for licenses to conduct bingo games are those that meet the following criteria:

(1) Organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, and for the prevention of cruelty to children or animals; and

(2) Exempted from the payment of the bank and corporation tax by Section 23701d 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 Code of 1954: and

(3) Having its principal office or headquarters within the city or devoting at least sixty percent of the income of the association for charitable purposes within the city.

(Ord. 885 § 1, 1976)

Eligible organizations desiring to obtain a license to conduct bingo games in the city shall file an application in writing therefor in the office of the license collector on a form to be provided by the license collector. The issuing authority shall be the city manager.

(Ord. 885 § 1, 1976)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.76.010 and its application conforms to the requirement, terms, and conditions of this chapter.

(Ord. 885 § 1, 1976)

An application for a license shall contain the following:

(1) The name of the applicant organization and a statement that the applicant is an eligible organization under Section 5.76.010;

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

(3) The particular property within the city, 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 capacity of such place;

(4) The proposed days of week and hours of the day for conduct of bingo games;

(5) 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 city manager upon violation of any of such provisions;

(6) Said application shall be signed by the applicant under penalty of perjury;

(7) The license fee fixed by the city council by resolution shall accompany the application;

(8) The applicant shall also submit, with its application, a certificate or determination of exemption under Section 23701d of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing exemption under said Section 23701d.

(Ord. 885 § 1, 1976)

Upon receipt of the completed application and the fee, the finance director shall refer the same to interested departments of the city including, but not limited to, the city manager, city attorney, police department, and the fire department for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies and the extent to which it qualifies as property on which bingo games may be lawfully conducted as to fire, occupancy, and other applicable restrictions.

(Ord. 885 § 1, 1976)

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

(1) The name and nature of the organization to whom the license is issued;

(2) The address where bingo games are authorized to be conducted;

(3) The occupancy capacity of the room in which bingo games are to be conducted;

(4) The date of the expiration of such license;

(5) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Ord. 885 § 1, 1976)

(a) Whenever it appears to the city manager that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the city manager shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.

(b) Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (a) of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in jail for a period not exceeding six months, or by both such fine and imprisonment.

(c) The order issued under subsection (a) of this section shall also notify the licensee that it shall have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request in writing such hearing before the city manager within said five-day period shall result in a revocation of the license.

(d) Upon such request by the licensee, whose license has been suspended under subsection (a) of this section, for a hearing to determine whether such license shall be revoked, the city manager shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the city manager for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.

(e) Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the city manager.

(Ord. 885 § 1, 1976)

(a) Whenever it appears to the city manager that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered, under Section 5.76.070, the license may be revoked; provided, however, the licensee may appear before the city at the time fixed by the city manager for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.

(b) Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the city manager.

(Ord. 885 § 1, 1976)

(a) Any holder of a license whose license is revoked under this chapter shall have the right, within ten days after receiving notice in writing of the revocation, to file a written appeal to the city council. Such appeal shall set forth the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within thirty days after its receipt by the city, or at a time thereafter agreed upon, and shall cause the appellant to be given at least ten days' written notice of such hearing. At the hearing the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his appeal. The determination of the city council on the appeal shall be final.

(b) Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

(Ord. 885 § 1, 1976)

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.

(Ord. 885 § 1, 1976)

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. 885 § 1, 1976)

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. The licensee shall keep a full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision, and any other phase of bingo games which are authorized by this chapter. The city, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and the licensee shall fully cooperate with the city by making such record available.

(Ord. 885 § 1, 1976)

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

(Ord. 885 § 1, 1976)

A bingo game shall be operated and staffed only be members of the licensed organization. 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.

(Ord. 885 § 1, 1976)

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

(Ord. 885 § 1, 1976)

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

(Ord. 885 § 1, 1976)

A licensee shall conduct a bingo game only on property owned or leased by it, 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 and 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 chapter shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

(Ord. 885 § 1, 1976; Ord. 934 § 1, 1978)

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

(Ord. 885 § 1, 1976)

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

(Ord. 885 § 1, 1976)

No applicant shall conduct, nor shall any premises be used for the conduct of, bingo games more often than once per week nor more than six hours of any twenty-four-hour period. No bingo games shall be conducted before ten a.m. nor after two a.m. of any day.

(Ord. 885 § 1, 1976; Ord. 904 § 1, 1977; Ord. 934 § 2, 1978; Ord. 1041 § 1, 1983)

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.

(Ord. 885 § 1, 1976)

It is a misdemeanor under Section 326.5(b) of the Penal Code of the state of California for any person to receive a profit, wage, or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city.

(Ord. 885 § 1, 1976)

The city 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.

(Ord. 885 § 1, 1976)