Marin County Municipal Code Ch. 6.18 Bingo Games

(a) Purpose. The board of supervisors intends to authorize licensing of bingo games in the unincorporated area of Marin County pursuant to Section 19, Article IV of the state Constitution and Section 326.5 of the California Penal Code.

(b) Bingo. "Bingo" means a game of chance in which, for any valuable consideration, prizes are awarded on the basis of designated numbers or symbols on a card which conform to the numbers or symbols selected at random.

(Ord. 2262 § 1 (part), 1977)

A nonprofit organization is eligible to apply for a license to conduct bingo games only if it is exempted from the payment of the Bank and Corporation Tax by §§ 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code, or if it is a mobile home park association or a senior citizen organization; provided, that the proceeds of such games will be used only for charitable purposes.

(Ord. 2306 § 1, 1977: Ord. 2262 § 1 (part), 1977)

Interested organizations shall file a written application for such license with the county clerk on a form to be provided. The license shall be for the fiscal year ending June 30th, renewable upon payment of the annual fee.

(Ord. 2262 § 1 (part), 1977)

The application shall contain;

(a) The name of the organization;

(b) The name and signature of the presiding officer of the organization;

(c) Identification of the particular property (including the street number) on which bingo games will be conducted, together with its occupancy capacity. Such property must be owned or leased by the applicant and used by the applicant for an office or for performance of the purposes for which the applicant is organized;

(d) Proposed days of week and hours of day for conduct of bingo games;

(e) Applicant's agreement to conduct bingo games in strict accordance with the provisions of Section 326.5 of the California Penal Code and this chapter, as they may be amended from time to time, and that the license may be revoked upon violation of any of such provisions;

(f) The annual license fee in the amount of ten dollars;

(g) Copies of the determination by the Franchise Tax Board that the organization is exempt under Section 23701 (d) of the Revenue and Taxation Code and the determination by the Internal Revenue Service that donations to the organization are deductible under Section 170(c)(2) of the Internal Revenue Code.

(Ord. 2262 § 1 (part), 1977)

Upon receipt of the completed application and fee, the county clerk shall refer the application to the county administrator and building inspection department to investigate the statements in the application, applicant's qualifications and determine whether the proposed location is appropriate for bingo games from the standpoint of public safety.

(Ord. 2262 § 1 (part), 1977)

Upon being satisfied that the application meets all requirements, the county clerk shall issue a license, which shall contain:

(a) The name, address and nature of the organization to whom the license 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 expiration of such license;

(e) Such other information as may be necessary or desirable to accomplish the purposes of this chapter.

(Ord. 2262 § 1 (part), 1977)

If the county clerk refuses to issue a license, the applicant may appeal the refusal to the board of supervisors. The board of supervisors shall conduct a hearing on the appeal. Its decision shall be final.

(Ord. 2262 § 1 (part), 1977)

Whenever it appears that a licensee is conducting a bingo game in violation of any of the provisions of this chapter, the board of supervisors may schedule a hearing to determine whether the license shall be revoked. Notice of the time and place of hearing shall be given at least ten days before the hearing by deposit in the United States mail addressed to the licensee at its address specified in the application. The notice shall include a summary of the grounds for revocation. If satisfied, from evidence presented at the hearing for revocation, that the licensee has violated this chapter, the board of supervisors may revoke the license.

(Ord. 2262 § 1 (part), 1977)

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

(Ord. 2262 § 1 (part), 1977)

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

(Ord. 2262 § 1 (part), 1977)

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

(Ord. 2262 § 1 (part), 1977)

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

(Ord. 2262 § 1 (part), 1977)

All games shall be open to the public, and may not be limited to members of the licensee organization.

(Ord. 2262 § 1 (part), 1977)

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 department in accordance with applicable laws and regulations.

(Ord. 2262 § 1 (part), 1977)

A licensee shall conduct a bingo game on property owned or leased by it, and which is used by the organization for an office or for performance of the purposes for which the organization is organized. The license shall authorize the conduct of bingo games only on property the address of which is stated in the application. In the event the described property ceases to be used as an office or as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license 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.

(Ord. 2262 § 1 (part), 1977)

No person under the age of eighteen years shall be allowed to participate in a bingo game.

(Ord. 2262 § 1 (part), 1977)

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

(Ord. 2262 § 1 (part), 1977)

No licensee shall conduct any bingo game more than six hours of any twenty-four-hour period. No bingo game shall be conducted between the hours of two a.m. and ten a.m. of any day.

(Ord. 2262 § 1 (part), 1977)

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

(Ord. 2262 § 1 (part), 1977)

Section 326.5(b) of the Penal Code of the state of California declares it to be a misdemeanor 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, which fine shall be deposited in the general fund of the county.

(Ord. 2262 § 1 (part), 1977)

The county of Marin may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code of the state of California or of this chapter.

(Ord. 2262 § 1 (part), 1977)