Chapter 5.16 — BINGO GAMES

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Authorized organization means any organization exempted from the payments of the bank and corporation tax by Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, and 23701w and by mobile home park associations and senior citizens' organizations.

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.

Minor means any person under the age of 18 years.

(Prior Code, § 5.37.020; Code 1990, § 5.20.010; Ord. No. 89-20, § 1, 1989)

The ordinance codified in this chapter is adopted pursuant to Section 19 of Article IV of the State constitution in order to make the game of bingo lawful under the terms and conditions in the following sections in this chapter.

(Prior Code, § 5.37.010; Code 1990, § 5.20.020; Ord. No. 89-20, § 1, 1989)

It is unlawful for any person to conduct any bingo game in the Town unless such person is a member of the authorized organization acting on behalf of such organization which has been issued a license as provided by this chapter to conduct the bingo game.

(Prior Code, § 5.37.030; Code 1990, § 5.20.030; Ord. No. 89-20, § 1, 1989)

Application for license shall be made to the Collector on forms set forth below and shall be filed not less than ten days prior to the proposed date of any bingo game or games. Such application form shall require from the applicant the following information:

(1)

The name and address of the applicant, which in all cases shall be the authorized organization on behalf of which the application is submitted;

(2)

The name, address and title of the individual who prepared the application;

(3)

A list of the full names of all members who will conduct the bingo game or games;

(4)

The dates and places of the proposed bingo game;

(5)

Proof that the applicant is an authorized organization as defined in Section 5.16.010;

(6)

Such other information as the Collector may deem necessary in order to effectuate the purposes of this chapter.

(Prior Code, § 5.37.040; Code 1990, § 5.20.040; Ord. No. 89-20, § 1, 1989)

The term of a bingo license shall be for a period of 12 months from its date of issuance.

(Prior Code, § 5.37.050; Code 1990, § 5.20.050; Ord. No. 89-20, § 1, 1989)

If the Collector determines that a proper application has been submitted, that the applicant qualifies under the provisions of this chapter, and that the conducting of bingo games at the particular location stated in the application will not violate any other ordinance of the county, a bingo license shall be issued.

(Prior Code, § 5.37.060; Code 1990, § 5.20.060; Ord. No. 89-20, § 1, 1989)

(a)

The authorized organization shall conduct a bingo game only on property owned or leased by it, which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this subdivision shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

(b)

No minors shall be allowed to participate in any bingo games.

(c)

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

(d)

A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game.

(f)

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

(g)

With respect to organizations exempt from payment of the bank and corporation tax by Revenue and Taxation Code § 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.

(h)

With respect to other organizations authorized to conduct bingo games pursuant to this chapter, 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. 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 ten percent of the proceeds after the deduction for prizes, or $500.00 per month, whichever is less, may be used for rental of property, overhead and administration expenses.

(i)

It is unlawful for any person to receive or pay a profit, wage or salary from any bingo game authorized by this chapter.

(j)

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

(k)

The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or kind, or both, for each separate game which is held.

(l)

No bingo games shall be conducted between the hours of 12:00 midnight and 8:00 a.m.

(Prior Code, § 5.37.070; Code 1990, § 5.20.070; Ord. No. 89-20, § 1, 1989)

Any peace officer of the Town shall have free access to any bingo game licensed under this chapter. A licensee shall post and maintain its bingo license in a conspicuous place on the premises at all times during any bingo game.

(Prior Code, § 5.37.080; Code 1990, § 5.20.080; Ord. No. 89-20, § 1, 1989)

(a)

The Collector may deny any application for a bingo license, or suspend or revoke a license if the Collector finds the applicant or licensee, or any agent or representative thereof, has:

(1)

Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required under this chapter; or

(2)

Violated any of the provisions of this chapter.

(b)

If the Collector determines that a bingo license should be suspended or revoked or an application for such license denied, the same shall prepare a notice of suspension, revocation or denial of application setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant's last address provided in the application or shall be personally delivered to it. Any applicant who has had an application for a business license denied or which has had a bingo license suspended or revoked by the Collector may appeal that decision in the manner provided in Section 5.16.100.

(Prior Code, § 5.37.090; Code 1990, § 5.20.090; Ord. No. 89-20, § 1, 1989)

When an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section:

(1)

Within 15 calendar days after the day of any denial of an application, or suspension or revocation of a license by the Collector, an aggrieved party may appeal such action by filing with the Town Clerk a written appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper.

(2)

Upon receipt of such written appeal, the Town Clerk shall set the matter for hearing before the Town Council. The hearing shall be held within 30 days after the date of the filing of the appeal. At least one week prior to the date of the hearing on the appeal, the Town Clerk shall notify the appellant and Collector of the date and place of the hearing. At such hearing the Collector and the appellant may present any evidence relevant to the decision appealed. The formal rules of evidence applicable in a court of law shall not apply to such hearing.

(3)

At the conclusion of the hearing, the Town Council may affirm, reverse or modify the decision appealed. The decision of the Town Council is final.

(Prior Code, § 5.37.100; Code 1990, § 5.20.100; Ord. No. 89-20, § 1, 1989)

Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor.

(Prior Code, § 5.37.110; Code 1990, § 5.20.110; Ord. No. 89-20, § 1, 1989)