Los Angeles County Municipal Code Part 1 General Provisions and Licensing

As used in this chapter:

A.

"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.

B.

"Eligible organization" means:

Organizations exempt from the payment of bank and corporation tax by sections 23701a, 23701b, 23701d, 23701f, 23701g, 23701k, 23701l, and 23701w of the Revenue and Taxation Code;

Mobile home park associations of mobile home parks that are situated in the County;

Senior citizen organizations; and

Charitable organizations affiliated with a school district.

C.

"Traditional bingo" means a game of bingo in which designated numbers or symbols are marked or covered by a 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, or as otherwise defined in Penal Code section 326.5(o).

D.

"Remote caller bingo" means a game of bingo in which the numbers or symbols on randomly drawn plastic balls are announced by a natural person present at the site at which the live game is conducted, and the organization conducting the bingo game uses audio and video technology to link any of its in-state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased, or rented by the organization, or as otherwise defined in Penal Code section 326.3(u)(1).

(Ord. 2015-0052 § 1, 2015: Ord. 2015-0003 § 1, 2015: Ord. 11822 § 1 (part), 1978: Ord. 11498 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 1 § 3504, 1951.)

Bingo games for charitable purposes are hereby authorized pursuant to section 19, Article IV of the California Constitution, sections 326.5 (traditional bingo) and 326.3 and 326.4 (remote caller bingo) of the Penal Code, and in accordance with the provisions of this chapter.

(Ord. 2015-0052 § 2, 2015: Ord. 11822 § 1 (part), 1978: Ord. 11498 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 1 § 3501, 1951.)

A.

Traditional bingo, as defined in Subsection C of Section 7.20.010, may be lawfully played within the unincorporated areas of the County pursuant to the provisions of this chapter and Penal Code section 326.5, and not otherwise.

B.

Remote caller bingo, as defined in Subsection D of Section 7.20.010, may be lawfully played in the unincorporated areas of the County pursuant to the provisions of this chapter and Penal Code sections 326.3 and 326.4, and not otherwise.

(Ord. 2015-0052 § 3, 2015.)

Eligible organizations may apply to the County for a license to conduct bingo games in the County under the provisions of sections 326.5 (traditional bingo) and 326.3 and 326.4 (remote caller bingo) of the Penal Code, and in accordance with the provisions of this chapter.

(Ord. 2015-0052 § 4, 2015: Ord. 11822 § 1 (part), 1978: Ord. 11498 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 1 § 3502, 1951.)

A.

A traditional bingo license must first be obtained from the County before conducting a traditional bingo game.

B.

A traditional bingo license and a remote caller bingo license must first be obtained from the County before conducting a remote caller bingo game.

C.

It shall be unlawful for:

Any organization to conduct a traditional or remote caller bingo game in the unincorporated area of the County unless such organization is an eligible organization as set forth in Section 7.20.030 of this chapter and has first obtained a license(s) as required by Subsection A or B of this Section;

Any person to conduct traditional or remote caller bingo games in the unincorporated area of the County unless such person is a member of an eligible organization as set forth in Section 7.20.030 of this chapter and is acting on behalf of such eligible organization that has been issued a license(s) as required by Subsection A or B of this Section.

(Ord. 2015-0052 § 5, 2015: Ord. 11822 § 1 (part), 1978: Ord. 11488 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 1 § 3503, 1951.)

The application procedure provided for in this chapter shall be followed with regard to licenses sought pursuant to this chapter, and the provisions of Chapter 7.06 of this title shall not apply.

(Ord. 11822 § 1 (part), 1978: Ord. 11488 § 1 (part), 1977: Ord. 5860 Ch. 23 Art.2 § 3511, 1951.)

A.

Every organization desiring a license pursuant to this chapter shall file an application with the Tax Collector upon a form to be provided by the Tax Collector, and at such time pay the required fee and penalty, if any.

B.

A separate license application must be completed for a traditional bingo license and for a remote caller bingo license and may be submitted at the same time.

C.

A separate license application must be completed for each property location where traditional bingo will be conducted. For remote caller bingo, separate applications are required for both the location where the bingo game is called or broadcast, and each location receiving the broadcast.

D.

The application(s) shall be filed at least 60 days prior to the conduct of any bingo game(s), and shall specify:

The name, address and telephone number of the local applicant organization, the nature of the organization, and a statement that the applicant is an eligible organization as defined by Section 7.20.010 of this chapter;

The names and addresses of all officers and directors of the eligible organization;

A list of the names of all members of the applicant organization who will operate and staff bingo games, and the date they became members;

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

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

The location and signatures of the special bank account(s) required by Section 7.20.460;

The specific charitable purpose(s) which the bingo proceeds will benefit;

Whether the maximum number of players at any time will be less than 100;

A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of sections 326.5 (traditional bingo) and 326.3 and 326.4 (remote caller bingo) of the Penal Code, as applicable, and this chapter, as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked upon violation of any of such provisions;

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;

For a remote caller bingo license, a certificate issued by the Franchise Tax Board certifying that the applicant is exempt from the payment of the taxes imposed under the Corporation Tax Law pursuant to sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue and Taxation Code;

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

The application shall be signed by at least two officers, including the presiding officer of the local organization; and

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

(Ord. 2015-0052 § 6, 2015: Ord. 11822 § 1 (part), 1978: Ord. 11488 § 1 (part), 1977: Ord. 5860 Ch. 23 Art.2 § 3512, 1951.)

The fee for the bingo license shall be in the amount set forth in Section 7.14.010 of this title, under the appropriate heading. If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization.

(Ord. 11822 § 1 (part), 1978: Ord. 11488 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 2 § 3522, 1951.)

Upon receipt of a license fee, the tax collector shall:

A.

Issue a dated receipt showing the location(s) for which an application has been made;

B.

Transmit copies of the license fee referral memorandum to the business license commission and to interested departments of the county, including but not limited to the sheriff, the county engineer, the county health officer, and the fire marshal, to determine if the appropriate ordinances and regulations, building code ordinances, the health code ordinance, and the fire code ordinance have been or will be complied with.

(Ord. 11822 § 1 (part), 1978: Ord. 11488 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 2 § 3513, 1951.)

Every officer and department to which an application is referred shall, in writing, advise the tax collector 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.

(Ord. 11822 § 1 (part), 1978: Ord. 11488 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 2 § 3514, 1951.)

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.

(Ord. 11822 § 1 (part), 1978: Ord. 11488 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 2 § 3516, 1951.)

If any officer or department to which an application is referred advises the tax collector that the license should be denied, tax collector shall so notify the applicant as provided in Section 7.08.010 of this title.

(Ord. 11822 § 1 (part), 1978: Ord. 11488 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 2 § 3515, 1951.)

Upon receipt of an application for a license, the tax collector shall set the application for hearing before the business license commission not sooner than 45 days after such receipt.

(Ord. 11822 § 1 (part), 1978: Ord. 11488 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 2 § 3517, 1951.)

The tax collector shall serve notice or cause to have notice served of the time and place of such hearing as provided in Sections 7.10.100, 7.10.110, 7.10.120 and 7.10.130 of this title.

(Ord. 88-0126 § 3, 1988: Ord. 11822 § 1 (part), 1978: Ord. 11488 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 2 § 3518, 1951.)

Except as otherwise provided in this title, a license required by this chapter shall not be issued except upon the order of the business license commission.

(Ord. 11822 § 1 (part), 1978: Ord. 11488 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 2 § 3520, 1951.)

A.

If the Business License Commission finds that the facts are such that one or more of the provisions of Section 7.06.090 and chapter 7.08 of this title relating to the denial of a license would apply if the license is issued without conditions, but that conditions can be imposed which will eliminate any ground for denial provided for in said Section 7.06.090 and chapter 7.08 of this title, the Commission shall instruct the Tax Collector to issue, and the Tax Collector shall issue, the license subject to such conditions.

B.

Any licenses issued pursuant to this chapter shall be subject to the provisions of this chapter and to the conditions and requirements contained in sections 326.5 (traditional bingo) and 326.3 and 326.4 (remote caller bingo) of the Penal Code, as applicable, and each licensee shall comply with all applicable State and local laws and regulations.

C.

The licensed organization is responsible for ensuring that the conditions and requirements of this chapter and sections 326.5 (traditional bingo) and 326.3 and 326.4 (remote caller bingo) of the Penal Code, as applicable, are complied with by the organization and its officers and members. A violation of any one or more of those conditions or requirements shall constitute cause for the revocation, suspension, limitation or conditioning of the license to conduct traditional or remote caller bingo. A hearing to determine whether an existing license shall be revoked, suspended, limited or conditioned shall be initiated by filing an accusation in compliance with the procedures set forth in Section 7.10.210 et seq., of the County Code.

(Ord. 2015-0052 § 7, 2015: Ord. 11822 § 1 (part), 1978: Ord. 11488 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 2 § 3519, 1951.)

Upon receipt of an order from the business license commission, the Tax Collector shall issue a license containing the following information:

A.

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

B.

The address(s) or location(s) of the place(s) 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;

E.

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

F.

Whether the maximum number of players allowed is limited to 100 or less at any time.

(Ord. 2015-0003 § 2, 2015: Ord. 11822 § 1 (part), 1978: Ord. 11488 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 2 § 3521, 1951.)

A.

Every organization having a license issued pursuant to this chapter, within five days thereafter shall notify the tax collector in writing of any change in facts required to be stated by Section 7.20.060 of this chapter.

B.

The licensee shall notify the tax collector of any changes in the list of members who will operate and staff bingo games. Said notification shall be made in writing and served upon the tax collector in one of the following methods:

Personal delivery of a revised list and the obtaining of a receipt therefor at least three days prior to the operation of any game;

Transmittal of a revised list by certified mail bearing a post date at least five days prior to the operation of any game.

C.

The licensee shall retain in his records proof of service of the notifications required by subsections A and B of this section.

(Ord. 11822 § 1 (part), 1978: Ord. 11488 § 1 (part), 1977: Ord. 5860 Ch. 23 Art. 2 § 3523, 1951.)