Lemoore Municipal Code Art. D Bingo Games

As used in this Article, the following words and terms shall have the meanings ascribed to them in this Section:

BINGO: 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.

NONPROFIT CHARITABLE ORGANIZATION: Any organization exempted from the payment of the bank and corporation tax and listed in the California Penal Code section 326.5 and mobilehome park associations and senior citizens' organizations, and to which a contribution or gift would be a charitable contribution under section 170(c)2 of the Internal Revenue Code of 1954.

Bingo games for charitable purposes are hereby authorized, pursuant to section 19, article IV of the California Constitution, and section 326.5 of the Penal Code, and in accordance with the provisions of this Article.

No organization shall engage in, carry on, maintain, conduct or cause to be engaged in, carried on, maintained or conducted a bingo game in the incorporated area of the City without first having secured a license in accordance with the requirements of this Article, nor without complying with the regulations contained herein pertaining to the operation of bingo games.

All organizations listed and authorized by California Penal Code section 326.5, as the same now reads or as said section may be hereafter amended, are eligible to apply to the City for a license to conduct bingo games in the incorporated limits of the City under the provisions of said California Penal Code section 326.5 and the provisions of this Article; provided, that the proceeds of such games are used only for charitable purposes.

The application procedure provided for in this Article shall be followed with regard to the license sought pursuant hereto.

Every person desiring a license pursuant to this Article shall pay the fee therefor set by resolution of the City Council and file an application with the Finance Director upon a form to be provided by the Finance Director. The application shall be filed at least fifteen (15) days prior to the conduct of any bingo games, and shall specify:

A. The name, address and telephone number of the local applicant organization and a statement that applicant is an eligible organization under section 326.5 of the Penal Code of the State of California.

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 list of the names of members of the applicant organization who will operate and staff bingo games.

D. A detailed schedule of the date(s), hours, location and occupancy capacity of such location of each bingo game to be held.

E. A detailed description of the record system to account for the receipts, prizes, expenses and profits of each bingo game.

F. 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 Article, as they may be amended from time to time, and agrees that the license to conduct bingo games may be summarily suspended by the City upon violation of any such provisions, notwithstanding anything to the contrary.

G. The applicant shall also submit with its application a letter or other evidence from the State Franchise Board showing that the applicant is exempted from the payment of the bank and corporation tax by applicable sections of the Revenue and Taxation Code as listed in Penal Code section 326.5 or is a mobilehome park association or senior citizens' organization.

H. The application shall be verified as provided in the Code of Civil Procedure for the verification of pleadings.

I. The address to which notice, when required, is to be sent or mailed, and the names of any individual or individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the licensee.

J. Whether the application is for a new license or a renewal of an existing license.

K. Certification by the applicant that the organization or group applying currently operates and is based in the City; otherwise, a license will be denied.

Upon receipt of an application for a license, the Finance Director shall transmit copies of the application to the Police Chief (for background investigation), the Fire Chief to determine if fire regulations 1 have been or will be complied with and to the Planning Department to determine if the appropriate zoning ordinances and regulations 2 and Building Code ordinances 3 have been or will be complied with.

Every officer and department to which an application is referred shall, within thirty (30) days, in writing, advise the Finance Director of all material facts necessary to determine whether the license should be granted, granted subject to conditions or denied, and their approval or disapproval of the application.

If any officer or department to which an application is referred advises the Finance Director that the license should be denied, the applicant shall be notified in writing by the Finance Director.

Every officer and department to which an application for a license is referred may require such additional information and the filing of such additional forms as he deems necessary.

In addition to any other requirement of this Article, any license issued for bingo games for charitable purposes 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 of the room in which bingo games are to be conducted.

D. The date of the expiration of such license; which license shall expire one year after date of issuance unless a sooner date of expiration is set forth in said license.

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

Said license shall be posted in a prominent place during the conduct of any bingo game. The licensee shall produce and exhibit the same when applying for renewal thereof and wherever requested to do so by any law enforcement officer or other officer authorized to issue, inspect or collect licenses and permits. (Ord. 8107, 8-18-81)

A. Exclusive Operation and Interest by Licensee: A bingo game shall be operated and staffed only by members and the manager of the licensee organization. Such members or manager shall not receive a profit, wage or salary or any other direct or indirect consideration from any bingo game, nor shall they receive payments from the organization for such purpose. Only the licensee shall operate such game or participate in the promotion, supervision or any other phase of such game. This subsection does not preclude the employment of security personnel (who are not members of the licensed organization) at such bingo game by the licensed organization conducting the game. (Ord. 8606, 6-17-86)

No individual, corporation, partnership or other legal entity, except the licensee organization, shall hold a financial interest in the conduct of such bingo game. (Ord. 8107, 8-18-81)

B. Eligible Premises: A licensee shall conduct a bingo game only on property owned, leased or rented by it, or which use is donated to the licensee, 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 Article 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, 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.

C. Compensation or Profit: It is a misdemeanor under section 326.5(b) of the State of California and this subsection for any person to receive a profit, wage or salary from any bingo game authorized pursuant to this Code, and all persons are hereby prohibited from violating the same. A violation of section 326.5(b) and this subsection 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 City. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games as provided in Section 3-4D-10 of this Article. (Ord. 8606, 6-17-86)

D. Bingo Games Open to Public; Occupancy Capacity: All bingo games shall be open to the public, not just members of the licensee 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 in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.

E. Closing Hours: No bingo game shall be conducted between the hours of twelve o'clock (12:00) midnight and ten o'clock (10:00) A.M. except where authorized by the license.

F. Participant Must be Present: 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. 8107, 8-18-81)

G. Prizes:

1. Maximum Amount of Prizes: The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250.00) total in cash or kind, or both, for each separate game which is held. (Ord. 8606, 6-17-86)

2. Record of Prizes: A record shall be kept by the licensee, on forms approved by the Finance Director, showing the name and written signature, the address, the telephone number of the winner and the consecutive serial number on the receipt for the prize.

H. Rules and Information Posted: The licensee shall post the costs, prizes and rules of each game to be played. Such signs shall be posted during the conduct of the bingo game in a conspicuous place on the outside and inside of the premises to be used for the conducting of a bingo game.

I. Prohibited Acts and Conditions:

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

2. Intoxicated Persons: No person who is intoxicated shall be allowed to participate in a bingo game.

3. Use of Credit: No licensee shall issue chips, checks, tokens, markers 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.

4. Admission Charge: No fee, donation, dues or other charge shall be imposed as a requirement for admission or entry onto any licensed bingo premises. (Ord. 8107, 8-18-81)

A. Records Kept: The licensee shall keep full and accurate records 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 Article. The City, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time, without prior notice, and licensee shall fully cooperate with the City by making such record available.

B. Profits:

1. With respect to organizations exempt from payment of the bank and corporation tax by section 23701d 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.

2. With respect to other organizations authorized to conduct bingo games pursuant to this Section, 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. 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 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. (Ord. 8606, 6-17-86)

No person shall interfere with, prevent or refuse to permit a member of the law enforcement agency, any peace officer, the Finance Director or his authorized deputy, to make an examination or inspection, without notice, of any premises licensed for bingo games for charitable purposes, or of any records kept by the licensee organization, or any agent or employee thereof, for the purpose of determining whether the licensee organization and/or manager are complying with all the provisions of this Article and applicable statutes.

Any license issued to any person may be revoked by the City Council at any time whenever the holder thereof has violated any of the provisions of this Article or is conducting a bingo game in such a manner that the same is detrimental to the good order of the City.

Any person violating any provision of this Article other than subsection 3-4D-9C shall be guilty of an infraction as provided for in section 36900 of the Government Code. Every violation determined to be an infraction is punishable by (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for a second violation of the same ordinance within one year; (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of the same ordinance within one year. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this Article is committed, continued or permitted by the person and shall be punishable as herein provided. (Ord. 8107, 8-18-81)

The City Council hereby declares that it would have passed this Chapter sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this Chapter are severable and, if for any reason any sentence, paragraph or section of this Chapter shall be held invalid, such decision shall not affect the validity of the remaining parts of this Chapter. (1989 Code)