Livingston Municipal Code Ch. 5 Bingo

The purpose of this chapter is to authorize the licensing of bingo games conducted by and for the benefit of nonprofit, charitable organizations in the incorporated areas of the city pursuant to Section 19 of Article IV of the State Constitution and Cal. Penal Code § 326.5.

(Ord. 284, passed 6-13-1985)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

BINGO or BINGO GAME. 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. 284, passed 6-13-1985)

(A) No bingo game shall be allowed, played or conducted without a license first being obtained from the city.

(B) Licenses shall be effective only for a city fiscal year or part thereon in which issued.

(Ord. 284, passed 6-13-1985)

An application for a bingo license shall be filed in the office of the City Manager. The application for such license shall be signed and verified by the applicant and shall set forth the following information:

(A) The name and address of the organization to which the license will be issued;

(B) The name, address and telephone number of the duly organized representative of the applying organization, who shall be in charge of operating the bingo games;

(C) The name, address and telephone number of the president or chief officer of the organization which intends to conduct any bingo game;

(D) The person who has custody of the financial records of bingo games which are required by the provisions of this chapter and the location of said records;

(E) The location where the bingo game is intended to be held;

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

(G) A schedule of fees or charges to be collected from players for each bingo game, or different varieties of bingo games to be conducted;

(H) A statement that the place where the bingo games are to be conducted is on property owned or leased by the organization conducting said games, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized;

(I) Each application for a bingo license shall be accompanied by a written resolution of the governing board or body of the organization which is to conduct such games, said resolution being signed by the president or presiding officer of said organization and its secretary, authorizing the application for a bingo license;

(J) Each application for a bingo license shall be accompanied by a certificate issued by the Franchise Tax Board of the State of California or by the Internal Revenue Service certifying the tax exempt status of the organization applying for said license;

(K) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Cal. Penal Code § 326.5 and this chapter, as they may be amended from time to time, and agrees that the license to conduct bingo may be revoked by the City Manager upon violation of any such provisions; and

(L) Said application shall be signed by the applicant under penalty of perjury.

(Ord. 284, passed 6-13-1985)

(A) All applications for a bingo license shall be accompanied by an application fee of $25, one-half of which (the sum of $12.50) is refundable if an application is denied.

(B) The City Manager shall verify the tax exempt status of the applying organization and shall verify that the place where the bingo games are to be conducted is on property owned or leased by the organization conducting said games, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized.

(C) The City Manager shall forward the application to the Chief of Police, who shall find and determine that:

1. The conduct of such bingo games at the times and at the place indicated will not disturb the peace of the neighborhood and will not create substantial traffic or parking problems; and

2. Neither the applying organization, nor any person listed in the application, has violated any laws and regulations of the city regarding building, fire, health or safety regulations of the city, and that the applicant has not knowingly and with intent to deceive, made any false, misleading or fraudulent statement of facts in his or her application or other documents required by the city to be submitted in conjunction with the application.

(Ord. 284, passed 6-13-1985)

(A) Licenses shall be granted only to organizations exempted from the payment of bank and corporation tax by Cal. Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f and 23701g and to mobilehome park associations and senior citizens organizations; provided, that the proceeds of such license activity are used only for charitable purposes.

(B) The City Manager shall not issue a license to any applicant if he or she or the Chief of Police cannot certify as to all findings required by this chapter to be made, or if it appears from the application that the conduct of such games would be in violation of any of the terms, conditions and requirements of this chapter.

(C) No license shall be transferable.

(Ord. 284, passed 6-13-1985)

(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 summary suspension thereof under subsection (A) of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in § 1-4-1 of this code.

(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 the appeal, determines to overrule the decision of the City Manager.

(Ord. 284, passed 6-13-1985)

(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 so ordered, under § 3-5-4-4 of this chapter, the license may be revoked; provided, however, the licensee may appear before the City Manager 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 the appeal, determines to overrule the decision of the City Manager.

(Ord. 284, passed 6-13-1985)

(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 30 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 or her 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 period of one year from the date of such revocation; provided, however, if the grounds for revocation is cancellation of the exemption granted under Cal. Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e and 23701f, such organization may again apply for a license upon proof of reinstatement of said exemption.

(Ord. 284, passed 6-13-1985)

Licensees shall keep and maintain full records and accountings and shall detail the amount of money obtained from players, the amount of money or value of prizes given for each game played, and the disposition of any funds generated by the conduct of bingo games. All profit 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 city shall have the right to inspect such records at any reasonable time. The City Manager may request said records when the licensee applies to renew its annual license.

(Ord. 284, passed 6-13-1985)

All bingo games held within the city are subject to the following.

(A) It is a misdemeanor, punishable by a fine not to exceed $10,000, as authorized by Cal. Penal Code § 326.5(c), for any person to receive a profit, wage or salary from any bingo game.

(B) No minors shall be allowed to participate in any bingo games.

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

(D) 1. A license shall be issued to conduct bingo games 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; however, a licensee organization which regularly meets in a building owned or controlled by a public entity, or an organization which has no adequate regular meeting place and conducts a bingo game on the property of a tax exempt organization, is exempted from this requirement.

2. No bingo game shall be conducted before 8:00 a.m. nor after 12:00 a.m. (midnight) of any day.

3. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such licensee.

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

(F) A bingo game shall be operated and staffed only by the members of the licensee organization. Such members shall not receive a profit, wage or salary from any bingo game. Only the licensee organization shall operate such game, or participate in the promotion, supervision or any other phase of such game.

(G) No individual corporation, partnership or other legal entity except the licensee organization shall hold a financial interest in the conduct of any bingo game.

(H) All profits derived from any bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account.

(I) 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.

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

(Ord. 284, passed 6-13-1985)

The city may bring an action in a court of competent jurisdiction to enjoin a violation of Cal. Penal Code § 326.5 or this chapter.

(Ord. 284, passed 6-13-1985)