Los Banos Municipal Code Ch. 8 Bingo Games

"Bingo" or "bingo game"

shall mean 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.

(§ 1, Ord. 552, eff. November 3, 1976)

No bingo game shall be allowed, played, or conducted without a license first being obtained from the City. Licenses shall be effective only for the calendar year or part thereof in which issued.

(§ 1, Ord. 552, eff. November 3, 1976)

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 applicant, who shall be a duly authorized representative of the applying organization;

(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 the custody of the financial records of the bingo games, which records are required by the provisions of this chapter, and the location of such records;

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

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

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

(§ 1, Ord. 552, eff. November 3, 1976)

(a) All applications for bingo licenses shall be accompanied by an application fee of Twenty-Five and No/100ths ($25.00) Dollars, no part of which shall be refundable, and which shall be collectible annually.

(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 such games and which property is used by such organization for an office or for the 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 and that the applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statement of facts in his application or any other documents required by the City to be submitted in conjunction with the application.

(§ 1, Ord. 552, eff. November 3, 1976)

(a) Bingo licenses shall be granted only to organizations exempted from the payment of the bank and corporation tax by Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the Revenue and Taxation Code of the State and a contribution to which would be a charitable contribution under subsection (2) of subsection (c) of Section 170 of the Internal Revenue Code of 1954.

(b) The City Manager shall not issue a bingo license to any applicant if the City Manager or the Chief of Police cannot certify any one of the 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 bingo license issued shall be transferable.

(§ 1, Ord. 552, eff. November 3, 1976, as amended by § 1, Ord. 590, eff. December 16, 1977)

(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 any summary suspension thereof under subsection (a) of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding Five Hundred and No/100ths ($500.00) Dollars, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.

(c) The order issued under subsection (a) of this section shall also notify the licensee that it shall have five days after 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 such five day period shall result in a revocation of the license.

(d) Upon such a 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 10 days after the 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 written notice of the time and place of such hearing shall have first been given at least five days before the hearing by depositing in the United States mail a notice directed to such 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.

(e) Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the Council, on appeal, determines to overrule the decision of the City Manager.

(§ 1, Ord. 552, eff. November 3, 1976)

(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 is ordered under Section 5-8.06 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 by depositing in the United States mail a notice directed to such licensee at the address given in the application. The notice shall set forth a summary of the grounds 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 Council, on appeal, determines to overrule the decision of the City Manager.

(§ 1, Ord. 552, eff. November 3, 1976)

(a) Any holder of a license whose license is revoked under this chapter shall have the right, within 10 days after receiving notice in writing of the revocation, to file a written appeal to the Council. Such appeal shall set forth the specific grounds on which it is based. The 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 10 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 appeal. The determination of the Council on the appeal shall be final.

(b) Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the City for a period of one year after the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under subsection (d) of Section 23701 of the Revenue and Taxation Code of the State, such organization may again apply for a license upon proof of the reinstatement of such exemption.

(§ 1, Ord. 552, eff. November 3, 1976)

Licensees shall keep and maintain full records and accountings and shall detail the amount of money obtained from the 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. The City shall have the right to inspect such records at any reasonable time. The City Manager may request such records when the licensee applies to renew its annual license.

(§ 1, Ord. 552, eff. November 3, 1976)

(a) It shall be a misdemeanor, punishable by a fine not to exceed Ten Thousand and No/100ths ($10,000.00) Dollars, as authorized by subsection (c) of Section 326.5 of the Penal Code of the State, for any person to receive a profit, wage, or salary from any bingo game.

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

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

(d) A licensee shall conduct bingo games only on property owned or leased by it and which property is used by such organization for an office or for the 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, shall be exempted from this requirement.

No bingo game shall be conducted before 7:00 a.m. nor after 1:00 a.m. of any day.

(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 Two Hundred fifty and No/100ths ($250.00) Dollars in cash or kind, or both, for each separate game which is held.

(§ 1, Ord. 552, eff. November 3, 1976)

In addition to the criminal penalties provided by this Code, the violation of any provision of this chapter shall be a public nuisance which may be abated by the City.

(§ 1, Ord. 552, eff. November 3, 1976)