Los Altos Municipal Code Ch. 4.12 Bingo

Pursuant to the authority provided in subsection (c) of Section 19 of Article IV of the Constitution of the state and Section 326.5 of the Penal Code of the state, the city establishes the requirements set forth in this chapter for the conduct of bingo games by nonprofit charitable organizations within the city.

(Prior code § 4-12.01)

As used in this chapter, "bingo" shall mean 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.

(Prior code § 4-12.02)

No person, organization, or other legal entity shall be permitted to conduct bingo games within the city unless such persons, organizations, or other legal entities possess a valid permit and license issued pursuant to this chapter. No application shall be accepted from any person, organization, or other legal entity not authorized to apply for the same under Penal Code Section 326.5(a).

(Prior code § 4-12.03)

No minor shall be allowed to participate in any bingo game.

(Prior code § 4-12.04)

All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization. Attendance at any bingo game shall be limited to the occupancy of the room in which such game is conducted as determined by the fire chief and building inspector in accordance with applicable laws and regulations.

(Prior code § 4-12.05)

Bingo games shall be operated and staffed only by members of the nonprofit charitable organization which organized them. Only an organization authorized to conduct a bingo game by a permit and licensed issued pursuant to this chapter shall operate such game or engage in the promotion, supervision, or any other phase of such game.

(Prior code § 4-12.06)

No person or agent of such person shall receive a profit, wage, salary, or other income from any bingo game authorized by this chapter, except as a bona fide prize received as a participant in such bingo game.

(Prior code § 4-12.07)

Bingo games shall be conducted only on the premises provided in Section 326.5(f) of the California Penal Code.

(Prior code § 4-12.08)

All equipment used in the operation of bingo games shall be owned by the organization authorized by a permit and license to conduct such bingo games.

(Prior code § 4-12.09)

No individual, corporation, partnership, or other legal entity, except the organization authorized by a permit and license to conduct bingo games, shall hold a financial interest in the conduct of such bingo games.

(Prior code § 4-12.10)

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

(Prior code § 4-12.11)

Each organization conducting bingo games shall maintain detailed records of all profits, expenditures, prizes, and other expenses associated with the operation of bingo games. Such records shall be retained for such period of time as required by state and federal laws and for a period of three years for the purposes of this chapter.

(Prior code § 4-12.12)

The total value of prizes awarded during the conduct of bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

(Prior code § 4-12.13)

No person shall be allowed to participate in a bingo game unless such person is physically present at the time and place at which the bingo game is being conducted.

(Prior code § 4-12.14)

All bingo games shall be conducted only during the hours of noon to midnight.

(Prior code § 4-12.15)

A.

Any person who violates Sections 4.12.040 through 4.12.050, 4.12.180 through 4.12.210 and 4.12.270 of this chapter shall be guilty of a misdemeanor and shall be subject to the penalties provided in Section 1.20.010 of Chapter 2 of Title 1 of this code.

B.

A violation of Section 4.12.070 of this chapter shall be 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.

(Prior code § 4-12.16)

A.

The chief of police shall have the authority to inspect the premises in order to insure that the operation of bingo games on the premises does not constitute a violation of any state or federal law or provision of this code.

B.

The chief of police may inspect the records and special bank accounts containing the profits derived from bingo games of any organization conducting bingo games whenever it is deemed reasonable and appropriate to insure compliance with the provisions of this chapter.

(Prior code § 4-12.17)

No person or organization shall conduct a bingo game without first obtaining a permit from the chief of police to do so.

(Prior code § 4-12.18)

A written application for the permit required by this chapter shall be made by affidavit under penalty of perjury and filed with the chief of police. Such application shall contain:

A.

The name of the organization and the names, signatures, and addresses of all the officers of the organization;

B.

The days and hours of operation of bingo games;

C.

Attached copies of certificates or letters evidencing exempt status under subsection (d) of Section 23701 of the Revenue and Taxation Code of the state and subsection (2) of subsection (c) of Section 170 of the Internal Revenue Code of 1954 of the United States received from the Franchise Tax Board of the state and the Internal Revenue Service;

D.

The address of the premises where bingo games will be conducted;

E.

A statement of the ownership or lease of the premises;

F.

The purpose for which such premises are used by the organization;

G.

A statement of the ownership of the bingo equipment used in the operation of bingo games;

H.

A statement of consent for the chief of police to inspect any bank account containing profits derived from bingo games;

I.

The name of each individual, corporation, partnership, or other legal entity which has a financial interest in the conduct of the bingo games;

J.

The name of the person responsible for the operation of the bingo games; and

K.

Such further information as may be required by the chief of police.

(Prior code § 4-12.19)

A nonrefundable fee of fifty dollars ($50.00) to defray the costs of investigations shall accompany the permit application.

(Prior code § 4-12.20)

When a completed application is filed and the payment of the fee is made, the chief of police shall cause an investigation to be made of the applicant. The chief of police shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for the purposes of his investigation. If he finds that such operators or persons assisting in the operation of a bingo game have been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude, the chief of police may deny the issuance of the permit in question.

(Prior code § 4-12.21)

The chief of police may refuse to issue a permit if, after consideration of the application and any other papers, records, and files he deems relevant, it is determined that the operation of a bingo game would be injurious to the health, safety, and morals of the people of the city or that the permit application or proposed mode of operation of the bingo game is not in compliance with the provisions of this chapter.

(Prior code § 4-12.22)

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city, the chief of police shall issue a permit to such applicant, which permit shall contain the following information:

A.

The name and nature of the organization to which the permit is issued;

B.

The address where bingo games are authorized to be conducted;

C.

The hours of the day and days of the week during which bingo games are proposed to be conducted;

D.

The date of the expiration of such permit; and

E.

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

(Prior code § 4-12.23)

Each permit issued under this chapter shall expire on the anniversary of its issuance, unless sooner revoked. An unrevoked permit may be renewed annually upon a written application to the chief of police and the payment of a fee of twenty-five ($25.00) dollars at least one month before its expiration date.

(Prior code § 4-12.24)

The chief of police may suspend for a period not to exceed six months or revoke the permit issued under this chapter upon determining that the holder of the permit has violated, or caused or permitted any violation of, any provision of this chapter or state or federal law in connection with the conduct and operation of bingo games. Upon receipt of information that the holder of a permit issued under this chapter committed or caused or permitted any of such violations, the chief of police shall notify by mail the permit holder of a hearing, to be held not less than five days after the date of mailing, to determine whether or not the permit should be suspended or revoked. The notice shall state the date, time, and place of the hearing and shall contain a statement of the grounds upon which the chief of police proposes to suspend or revoke the permit. At the hearing, the permit holder and any other interested person shall have the right to present evidence as to the facts upon which the chief of police proposes to suspend or revoke the permit and any other facts which may aid the chief of police in determining whether any of such described violations has occurred. If, after such hearing, the chief of police finds that any or all of the violations have occurred, he shall notify the permit holder of that fact in writing and shall immediately suspend or revoke the permit.

(Prior code § 4-12.25)

A.

An applicant whose application is denied or a permittee whose permit is suspended or revoked has the right, within ten (10) days after receiving notice in writing of the decision to deny the application or to suspend or revoke the permit, to file a written notice of appeal with the chief administrative officer. The notice shall set forth the specific grounds on which the appeal is based. The council shall hold a hearing on the appeal within thirty (30) days after the proper filing of the notice or at a time thereafter agreed upon by the city and the appellant. At the hearing, the appellant or his 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 council shall be final.

B.

Any organization whose permit is suspended or revoked under Section 4.12.25 of this chapter shall not conduct any bingo game in the city unless and until such time as the council, on appeal, determines to overrule the decision of the chief of police.

C.

A permittee whose permit is finally revoked may not again apply for a permit to conduct bingo games in the city for a period of one year after the date of revocation, except if the sole grounds for revocation is cancellation of the exemption granted under subsection (d) of Section 23701 of the Revenue and Taxation Code of the state or loss of charitable status under subsection (2) of subsection (c) of Section 170 of the Internal Revenue Code of 1954 of the United states, in which case the former permittee may apply for a new permit upon the reinstatement of its exemption and the resumption of its charitable status.

(Prior code § 4-12.26)

During the term of the permit, each nonprofit charitable organization which has been issued a permit shall file a report with the city clerk at the end of the fiscal year which report shall contain the following information:

A.

Any changes in, or additions to, the information required under Section 4.12.190 of this chapter;

B.

The total amount of money received from the operation of bingo games in the previous fiscal year;

C.

The total amount paid out in prizes; and

D.

The detailed costs to the organization for the operation of the bingo games.

(Prior code § 4-12.27)

Permits granted under this chapter shall not be transferable, either as to the permit or the location. Any attempt to transfer a permit shall render the permit in question invalid.

(Prior code § 4-12.28)

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

(Prior code § 4-12.29)

The provisions of this chapter are not intended to conflict with, but shall supplement, all the laws of the state relating to lotteries, gambling, or gaming.

(Prior code § 4-12.30)