Los Alamitos 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 that are marked of covered by the player on a tangible card in the player's possession and that conform to numbers or symbols, selected at random and announced by a live caller, as further defined in Penal Code Section 326.5(o), as the same may be amended from time to time.

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

Only organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701l, and 23701w of the California Revenue and Taxation Code and mobilehome park associations and senior citizens organizations and charitable organizations affiliated with a school district are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the California Penal Code and the provisions of this chapter, provided that the receipts of such games are used only for charitable purposes.

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

A license issued pursuant to this chapter shall be valid from the date of issuance until the following June 30th, at which time the license shall expire. A new license shall only be obtained upon filing a new application and payment of the license fee.

(Ord. 14-06 § 1, 2014)

Eligible organizations desiring to obtain such annual license to conduct bingo games in the city shall file an application in writing therefor in the office of the city clerk on a form to be provided by the city clerk. The issuing authority shall be the city manager. No license shall be issued or become effective until at least 30 days after the filing date of such application.

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.16.020 and its application conforms to the requirements, terms and conditions of this chapter.

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

The application for an annual license shall contain the following:

A. The name of the applicant organization and a statement that applicant is an eligible organization under Section 5.16.020;

B. The name and signature of at least two officers, including the presiding officer, of the applicant corporation, association or other entity;

C. 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 and the date the property was first occupied. The applicant may also be required to submit documentation which establishes the nature of such ownership or leasehold interest;

D. Proposed day of week and hours of day for conduct of bingo games. (See Section 5.16.180);

E. A schedule of the games proposed;

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 chapter as they 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 such provisions;

G. The signatures of the applicant shall be preceded by a declaration under penalty of perjury that the contents of the application are true and correct;

H. The annual license fee established by resolution of the city council shall accompany the application, one-half of which will be refunded if the license is not issued; there shall be no proration of the license fee;

I. The applicant shall also submit with its application a certificate or determination of exemption issued by the state of California Franchise Tax Board; or, in the case of a mobilehome park association or senior citizen organization, a copy of its Articles of Incorporation, Charter or Articles of Association certified by an officer of the organization as having been duly adopted by the organization, which Charter or Articles shall include a specific statement that all proceeds from the operation of bingo games shall be used only for charitable purposes except as permitted by Section 326.5(k)(1), (2), (3) and (4) of California Penal Code;

J. An acknowledgment that the applicant understands the financial record submittals required by Section 5.16.100 of this chapter.

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014; Ord. 2017-12 § 2, 2017)

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

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

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 the 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 the expiration of such license; which shall be one year from the date of issuance;

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

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

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 or that the license was issued as a result of misrepresentation by the applicant, the city manager shall have the authority to temporarily revoke the license in writing and order the licensee to immediately cease and desist any further operation of any bingo game. The administrative remedies set forth in this section shall thereafter be followed and shall be the exclusive remedies.

B. The order issued under subsection A of this section shall include notification to the licensee that it shall have ten days from the date of such order to request in writing a hearing before the city manager to determine whether such license shall be permanently revoked. Failure to request, in writing, such hearing before the city manager within the ten-day period, shall result in a permanent revocation of the license.

C. Upon such request by the licensee, whose license has been temporarily revoked under subsection A of this section, for a hearing to determine whether such license shall be permanently revoked, the city manager shall provide such hearing within ten days after receipt of such request at which hearing the licensee may appear before the city manager for the purpose of presenting evidence why the license should not be permanently revoked. No license shall be permanently 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 the suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation.

D. Any organization whose license is permanently revoked by the city manager under this section may appeal such permanent revocation to the city council by filing a written request therefor with the city clerk within 20 days after the decision of the city manager. The appeal shall be heard by the city council within 30 days of the receipt of the request, unless otherwise mutually agreed, and the appellant shall be given written notice of the time and date of such appeal hearing within the same time and in the same manner set forth in subsection C of this section.

E. Any person who conducts or continues to conduct a bingo game after any temporary or permanent revocation of the license shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding $500 or by imprisonment in jail for a period not exceeding six months, or by both such fine and imprisonment.

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

The total value of prizes awarded during the conduct of any bingo games shall not exceed $550 in cash or kind, or both, for each separate game which is held.

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

A. 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.

B. 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. Proceeds are the receipts of bingo games conducted by organizations not within subsection A of this section. 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 20% of the proceeds before the deduction for prizes, or $2,000 per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, and administrative expenses, security equipment and security personnel;

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

C. The licensee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, provision, supervision and any other phase of bingo games which are authorized by this chapter.

D. True and correct copies of such records shall be submitted to the city manager annually except that on the last day of the seventh month after the first license has been issued, such records shall be submitted covering the period from the issuance date to the last day of the sixth month following issuance; each set of annual records shall be submitted no later than the last day of the month next succeeding the expiration date of the license and shall cover the entire license period except that the first annual records shall cover the period commencing with the closing date of the last records submitted and end with the expiration date of the license. The city, by and through its authorized officers, shall also have the right to examine and audit such record at any reasonable time and licensee shall fully cooperate with the city by making such record available.

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

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

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive or pay 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 chapter 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.

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

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

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

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

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

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 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.

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

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

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

No person who is obviously intoxicated shall be allowed to participate in a bingo game or be allowed to remain on the licensed premises while such games are being conducted.

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

Bingo games shall not be conducted by any licensee more than two days during any week, except that a licensee may hold one additional game, at its election, in each calendar quarter, provided that appropriate notice is given. This limitation is cumulative with, and not in addition to, time allotted for remote caller bingo under Chapter 5.18.

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 505, 1988; Ord. 14-06 § 1, 2014)

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. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

Any person who pays or receives a profit, wage or salary from any bingo game authorized under this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine not to exceed $10,000, 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 5.16.100.

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

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. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)

At the time the city manager receives an application for a license under this chapter, he or she shall promptly notify the occupants and owners of all property as listed on the latest assessment roll, located within 300 feet of the property where the applicant proposes to conduct the bingo games. Such notice shall include a description of the applicant's proposed schedule including number of days when games are to be conducted, the hours thereof, the maximum number of persons the facility will permit and the address where comments will be received. The city manager shall give due consideration to such comments and include such measures on the license as he or she deems necessary to preserve the peace, tranquility and safety of the area surrounding the location. Any applicant aggrieved by such measures may appeal to the city council by written notice to the city clerk within 20 days of the city manager's action and the city council may take such action as it deems appropriate of such measures.

(Ord. 365 § 1, 1977; Ord. 454 § 1, 1983; Ord. 14-06 § 1, 2014)