Manhattan Beach Municipal Code Ch. 4.112 Bingo Games

Organizations which are:

A. Organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or for the prevention of cruelty to children or animals; and exempted from the payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(c) (2) of the Internal Revenue Code of 1954, are eligible to apply to the City for a permit to conduct bingo games in the City under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter.

Eligible organizations desiring to obtain such permit to conduct bingo games in the City shall file an application in writing therefor in the office of the Department of Community Development on a form to be provided by the Director of Community Development. The issuing authority shall be the City Manager, or his authorized representative. The permit issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee.

No permit shall be issued to any organization unless such applicant is an eligible organization under Section 4.112.010 and its application conforms to the requirements, terms and conditions of this chapter.

Said application for a permit shall contain the following:

A. The name of the applicant organization and a statement that applicant is an eligible organization under Section 4.112.010.

B. The name and signature of at least two (2) officers of the applicant organization.

C. The particular property within the City including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place.

D. Proposed days of week and hours of day for conduct of bingo games.

E. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked by the City Manager upon violation of any of such provisions.

F. Said application shall be signed by the applicant under penalty of perjury.

G. The annual permit fee fixed by the Council by resolution shall accompany the application.

H. The applicant shall also submit, with its application, a Certificate or Determination of Exemption under Section 23701d of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing exemption under said section 23701d.

I. On the occasion of the submission of an application for renewal of the permit, applicant shall submit a detailed accounting showing full information as to all receipts and expenditures of funds arising out of the bingo operations and shall further show the utilization by permittee of the profits from said operations.

Upon receipt of the completed application and the fee, the Director of Community Development shall refer the same to interested departments of the City including, but not limited to, the City Manager, City Attorney, Police Department and the Fire Department for investigation as to whether or not all the states in the application are true and whether or not the property of the applicant qualifies and the extent to which it qualifies, as property on which bingo games may lawfully be conducted as to fire, occupancy and other applicable restrictions. A period of not less than thirty days shall be allowed for the purpose of conducting said investigation.

Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the City, the City Manager, or his authorized representative, shall issue a permit to said applicant, which shall contain the following information:

A. The name and nature of the organization to whom the permit is issued.

B. The address 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 permit.

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

A. Whenever it appears to the City Manager that the permittee is conducting bingo games in violation of any of the provisions of this chapter, or that the permit was obtained by fraudulent representation, the permit may be revoked; provided, however, the permittee may appear before the City Manager at the time fixed by the City Manager, for the purpose of presenting evidence why the permit should not be revoked. No permit shall be revoked under this section unless written notice shall have first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to said permittee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.

B. Any organization whose permit 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.

A. Any holder of a permit whose permit is revoked under this chapter shall have the right, within ten (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 ground or grounds on which it is based. The Council shall hold a hearing on the appeal within thirty (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 ten (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 permit is finally revoked may not again apply for a permit to conduct bingo games in the City for a period of one (1) year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701d of the Revenue and Taxation Code, such organization may again apply for a permit upon proof of reinstatement of said exemption.

As used in this chapter, "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.

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

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. The permittee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this chapter. The City, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and permittee shall fully cooperate with the City by making such record available.

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

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.

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

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 Fire Department and Building Division of the City in accordance with applicable laws and regulations. Permittee shall not reserve seats or space for any person.

A permittee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The permit issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described 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 have no further force or effect. A new permit may be obtained by an eligible organization, upon application under this chapter, 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.

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

No person who is obviously intoxicated shall be allowed to participate in a bingo game. Alcoholic beverages shall not be served on the premises during the time of the conduct of any bingo game.

No permittee shall conduct any bingo game more than six (6) hours out of any twenty-four (24) hour period. No bingo game shall be conducted before 10:00 a.m. nor after 2:00 a.m. of any day and shall not be conducted more frequently than four (4) days per month.

Permittee shall notify the Chief of Police not less than twenty-four (24) hours prior to the conduct of any bingo game.

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.

It is a misdemeanor under Section 326.5 (b) of the Penal Code of the State for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which 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 City.

The City 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 chapter.

(§ 1, Ord. 1466, eff. October 7, 1976)