Los Gatos Municipal Code Div. 1 Generally

For the purposes of this article, the word "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers of symbols selected at random. Notwithstanding Penal Code section 330c, as used in this article, the game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes.

(Code 1968, § 4-60)

The total value of prizes awarded during the conduct of any bingo games shall not exceed five hundred dollars ($500.00) in cash or kind, or both, for each separate game which is held.

(Code 1968, § 4-61; Ord. No. 2339, § I, 4-4-23)

(a) With respect to organizations exempt from payment of the bank and corporation tax by Revenue and Taxation Code section 23701d, 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 article, 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 paragraph (b) 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 twenty (20) percent of the proceeds before the deduction for prizes, or one thousand dollars ($1,000.00) per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

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

(4) If the monthly gross receipts from bingo games of an organization within this paragraph (b) exceed five thousand dollars ($5,000.00), a minimum percentage of the proceeds shall be used only for charitable purposes not relating to the conducting of bingo games and that the balance shall be used for prizes, rental of property, overhead, administrative expenses and payment of license fees. The amount of proceeds used for rental of property, overhead, and administrative expenses is subject to the limitations specified in subparagraph (2) of this paragraph (b).

(Code 1968, § 4-62)

A permittee under this article shall keep for a minimum of three (3) years full and accurate records of the income and expenses of its operation, conduct, promotion, supervision and any other phase of bingo games. The Town has the right to examine and audit such records at any reasonable time and the permittee shall fully cooperate with the Town by making such records and supporting data available.

(Code 1968, § 4-62)

At any time during the operation of a bingo game representatives of the Town may enter and inspect the premises to ascertain whether this article, the Town Code or State law is being violated.

(Code 1968, § 4-62.5)

No person except the permittee shall hold a financial interest in the conduct of a bingo game.

(Code 1968, § 4-63)

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

(Code 1968, § 4-64)

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

(Code 1968, § 4-65)

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 Building Official in accordance with applicable laws and regulations. Permittee shall not reserve seats or space for any person.

(Code 1968, § 4-66)

An organization authorized to conduct bingo games pursuant to this article 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. Nothing in this section shall be construed to require that the property owned or leased by or whose use is donated to the organization be used or leased exclusively by or donated exclusively to such organization. The permit shall expressly authorize the permittee to conduct bingo games only on such property, at the address stated in the application. In the event the specified property ceases to be used as an office and as a place for performance of the purposes for which the permittee is organized, the permit shall terminate. A new permit may be sought by an eligible organization, upon application under the provisions of this article, 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.

(Code 1968, § 4-67)

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

(Code 1968, § 4-68)

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

(Code 1968, § 4-69)

No permittee shall conduct any bingo game more than six (6) hours out of any twenty-four-hour period. No bingo game shall be conducted before 10:00 a.m. or after 12:00 midnight.

(Code 1968, § 4-70)

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

(Code 1968, § 4-71)

It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by section 19 of article IV of the State Constitution. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games as provided in Penal Code section 326.5(j) and (k). A violation of this section is punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the Town.

(Code 1968, § 4-72)

The Town 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 article.

(Code 1968, § 4-73)

At the end of the term of each permit, every permittee shall file a written report made under penalty of perjury with the Chief of Police containing the following information:

(1) The total amount of money received from the operation of the bingo games during the term of the permit.

(2) The total amount paid in prizes.

(3) Detailed costs of operation of the bingo games.

(Code 1968, § 4-56.6)