Marina Municipal Code Ch. 5.28 Bingo

Sections: Bingo defined. Provisions intended supplementary to state law. Only certain organizations permitted to conduct bingo. No profit, wage or salary permitted. Permit—Required. Permit—Application requirements. Qualified organizations. Suppliers and distributors. Authority of chief of police to inspect premises and records. Access to criminal history information. Application—Investigation and recommendation by other departments. Violation deemed public nuisance. Permit—Denial or conditional approval—Conditions. Permit—Appeal from denial, conditional issuance, suspension, or revocation. Changes in operating staff—Further investigation. Permit—Fees. Permit—Terms—Renewal—Special permits. Permits—Nontransferable. Filing of reports—Renewals—After permit expiration. Filing of monthly reports. Records required. Where bingo may be conducted. Staffing and operation. Sale of cards. False or misleading advertising. Hours of operations. Bingo equipment. Financial interest restriction. Proceeds to be kept in separate funds—Use restrictions. Total value of prizes limited.

5.28.310 5.28.320 5.28.330 5.28.340 5.28.350 5.28.360

Games to be open to the public. Physical presence at bingo game required. Minors prohibited. Violation deemed a public nuisance. Cumulative remedies. Violation of Sections 5.28.040 and 5.28.050.

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 solely at random; and the game of bingo shall also include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. (All such preprinted cards shall bear the legend, “for sale or use only in a bingo game authorized under California law and pursuant to local ordinance.”) (Ord. 2021-01 § 1 (Exh. A), 2021)

The provisions of this chapter are not intended to conflict with but shall supplement all laws of the state of California relating to lotteries, gaming or gambling, except that bingo as defined in Section 5.28.010 applies exclusively to this chapter and shall not be applied in the construction or enforcement of any other provision of law. (Ord. 2021-01 § 1 (Exh. A), 2021)

No individual, corporation, partnership or other legal entity shall be permitted to conduct a bingo game except organizations exempted from the payment of the bank and corporation tax by Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, or 23701l of the Revenue and Taxation Code and mobile home park associations and senior citizen organizations; and provided, that the proceeds of such games are used only for charitable purposes. (Ord. 2021-01 § 1 (Exh. A), 2021)

No person shall receive or pay a profit, wage, or salary from any bingo game authorized herein. (Ord. 2021-01 § 1 (Exh. A), 2021)

No person shall conduct a bingo game without first obtaining a permit from the chief of police. (Ord. 2021-01 § 1 (Exh. A), 2021)

Written application for a permit required by this chapter shall be made by an affidavit under penalty of perjury and filed with the chief of police. Such application shall contain: A. Name of organization; names, signatures, and addresses of all the officers of the organization; B. Proposed days and hours of operation of bingo games; C. Copy of certificate or letter from the Franchise Tax Board evidencing exempt status under Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, or 23701l of the Revenue and Taxation Code, if so exempt; a copy of a yearly updated exemption letter shall be submitted at time of renewal, also including any changes in the hours or days of operation. If a permittee loses its exempt status during the term of the permit, the permit shall be immediately and automatically revoked. The permit may be reinstated without fee by submission of the documents required for issuance; D. Address of premises where bingo games will be conducted; E. Statement of ownership or lease of premises; F. Purposes for which such premises are used by the organization; G. Statement of ownership of bingo equipment used in the operation of bingo games; H. Statement of consent for chief of police or city director of finance or designated representative to inspect any bank accounts containing profits derived from bingo games; I. Name of each individual, corporation, partnership, or other legal entity which has a financial interest in the conduct of the bingo games; J. Name, address, and phone number of person responsible for the operation of the bingo games; K. Names of two persons responsible for receipts and accounting who shall be a bona fide and active member of applicant organization and of good moral character and who shall be present and in immediate charge of and responsible for the conduct of bingo games at each bingo session, including signatures, addresses, and phone numbers of said members, which shall be updated yearly or when any changes occur and submitted in writing to the chief of police; L. Statement whether the total value of prizes awarded for any separate game will on any occasion exceed five dollars in cash, or kind, or both;

M. Whether any refreshments will be served during the time the games are being conducted, and if so, whether there will be a charge for such refreshments. (Ord. 2021-01 § 1 (Exh. A), 2021)

All qualified organizations shall be functioning as bona fide charitable organizations for one year prior to application for a bingo permit. (Ord. 2021-01 § 1 (Exh. A), 2021)

Applicants shall submit to the Marina police department a list of the names and addresses of any and all suppliers or distributors of bingo supplies and equipment to the applicant, including types of cards, serial numbers, and/or game descriptions. (Ord. 2021-01 § 1 (Exh. A), 2021)

A. In connection with any bingo permit applied for, or issued, the chief of police, or the chief’s designee, shall have the authority to inspect the premises in order to ensure that the operation of bingo games does not constitute a violation of any state or federal law or provision of this code. B. In connection with any bingo permit applied for, or issued, the chief of police or designated representative may inspect the records and special bank accounts containing profits derived from bingo games of any organization conducting bingo games whenever deemed reasonable and appropriate to ensure compliance with the provisions of this chapter. (Ord. 2021-01 § 1 (Exh. A), 2021)

The chief of police shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for purposes of determining those who have been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude, and to present such information at any bingo permit hearing. (Ord. 2021-01 § 1 (Exh. A), 2021)

departments. The chief of police shall submit any application to other departments or governmental agencies for investigation and recommendation, including but not limited to the following: A. Fire department as to any fire hazard on the premises in question; B. Property and code enforcement department as to health and sanitary conditions of the premises; and C. Planning department as to compliance with zoning requirements and ordinances. (Ord. 2021-01 § 1 (Exh. A), 2021)

Any bingo game conducted or operated contrary to the terms and provisions of this chapter, or any participation therein contrary to the provisions of this chapter, is declared to be unlawful and a public nuisance, and the city attorney shall, upon order of the city council, immediately commence an action or proceeding for the abatement and enjoinment thereof in the manner provided by law. (Ord. 2021-01 § 1 (Exh. A), 2021)

A. The chief of police, or the chief’s designee, may refuse to issue a permit if it is determined that the operation of a bingo game would be injurious to the health, safety and morals of the people of the city; that the apparent mode of operation of the bingo game would not be in compliance with state or federal law, or with this code; that the apparent mode of operation of the bingo game would constitute a fire, health or sanitary hazard, or would not be in compliance with building or zoning regulations, requirements and ordinances; that any person to be operating or assisting in the operation of a bingo game has been convicted within the past five years of a crime involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude; that there has been a willful misstatement of fact in an application or report filed hereunder, or a negligent failure to file any report required hereunder; or that there has been any other violation of any provision of this chapter. B. If the permit is approved, the chief, or the chief’s designee, may include restrictions and conditions in the permit deemed reasonable and necessary under the circumstances to ensure compliance with the purpose and intent of this chapter. Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the city of Marina for a period of one year from the day of revocation. (Ord. 2021-01 § 1 (Exh. A), 2021)

revocation. A. The chief of police may revoke the permit of any organization that he finds has violated any of the terms, conditions or regulations imposed by this chapter or state law. The chief of police shall notify the permittee in writing of said revocation and the grounds thereof. Said revocation shall become effective ten days after depositing the notice in the U.S. mail, postage prepaid, addressed to the organization at the address set forth on the permit. B. At any time within ten days after mailing of notice of the denial or conditional issuance of a bingo permit, or of a suspension or revocation thereof, the applicant or permit holder may appeal the decision to the city manager, or the city manager’s designee. Such shall be done by filing written notice of appeal with the city manager, or the city manager’s designee. The perfecting of such appeal shall not suspend the denial, conditional issuance, suspension, or revocation of a bingo permit. C. The city manager, or the city manager’s designee, shall set the time, not less than fifteen nor more than forty- five days following perfecting of an appeal, and place for appeals hearing thereon, and shall mail notice thereof to the appellant and to any other person who has filed a written request for such notice. The city manager, or the city manager’s designee, shall make the order affirming or overruling the decision within ten days following the close of the hearing. D. At the hearing, the city manager may consider such documentary or unsworn oral testimony as the permittee wishes to submit. He may also consider the fact of a conviction for violation of this chapter. Upon consideration of the information submitted, the city manager may uphold or withdraw the revocation, or may make reasonable rules for the conduct of the bingo games held by the permittee to avoid future violations. The city manager shall notify the permittee in writing of his decision and file a copy of said decision with the city clerk and finance director. The decision shall become final unless appealed to the city council within ten days of the written determination of the city manager. E. The decision of the city manager may be appealed to the city council in the same form and manner as are set forth in the city zoning ordinance for appeals from the decisions of the planning commission. F. A permittee may continue to conduct bingo games until the final determination is made on the appeal. (Ord. 2021-01 § 1 (Exh. A), 2021)

A. Any changes as to the staff operating or assisting in the operation of a bingo game, and any other changes in the information furnished in the application subsequent to its filing, shall be reported promptly to the chief of police for any further investigation deemed necessary and appropriate.

B. If at any time after issuance of a bingo permit the chief of police suspects that grounds exist which would warrant denial or conditional approval of such permit, he or she may conduct a hearing to decide whether such permit should be suspended or revoked in the manner provided herein for a permit application. (Ord. 2021-01 § 1 (Exh. A), 2021)

A. Fees for bingo permits shall be as set forth in the schedule of fees established by resolution of the city council. B. If an application for a permit is denied, the application fee is nonrefundable. (Ord. 2021-01 § 1 (Exh. A), 2021)

General permits shall be granted for one-year terms on a calendar-year basis from July 1st through June 30th, without proration of fees, and shall be renewable on an annual basis thereafter. The permit of any organization which fails to submit the required reports shall be immediately and automatically revoked. Said permit may be reinstated without additional fee upon the filing of the required report. A special permit is granted only for a one-day term for each bingo game; said special permit shall not be renewable. A one-day bingo special permit fee is required upon submission of the application. The fee is contained in the city’s fee schedule. (Ord. 2021-01 § 1 (Exh. A), 2021)

Permits granted under this chapter shall not be transferable, either as to permittee or location. Any attempt to transfer shall render the permit in question invalid. (Ord. 2021-01 § 1 (Exh. A), 2021)

A notice of licensee’s intention to renew shall be filed with the licenses and permits section of the Marina police department not later than thirty days prior to expiration date of the permit. Within thirty days following expiration of the period of the permit, each permittee shall file a report made under penalty of perjury with the chief of police containing the following information: A. Any changes in or additions to the information required in the application; B. Names, signatures, and addresses of all the officers of the organization;

C. Roster of bona fide active members; D. Any change of hours and hours of operation of bingo games; E. Copy of current tax exemption status from franchise tax board; F. Name, address, and phone number of person responsible for the operation of bingo games; G. Names, addresses and phone numbers of two persons that are responsible for the receipts and accounting of bingo games; H. Names and addresses of all suppliers and distributors of bingo supplies, including description of supplies; I. A copy of an annual gross receipts and expenditures report. (Ord. 2021-01 § 1 (Exh. A), 2021)

A. A monthly list of all winners over one hundred dollars, including signatures, addresses, and phone numbers. B. A gross receipts and expenditures report will be due by all organizations who gross over two thousand five hundred dollars. C. An annual list of all suppliers or distributors, including description of supplies. D. Monthly reports shall be turned in to the Marina police department no later than the first week of each month. Information contained in each report shall reflect information from the month prior. (Ord. 2021-01 § 1 (Exh. A), 2021)

Each organization conducting a bingo game shall maintain detailed records of all profits, expenditures, prizes, and other expenses associated with the operation of bingo games. Said records shall be retained for such period of time as required by state and federal law and for a period of three years for purposes of this chapter. These records, or any reports as determined necessary, shall be made available by the licensee to the chief of police, or designated representative, at all reasonable times upon demand. (Ord. 2021-01 § 1 (Exh. A), 2021)

A. Bingo games shall be allowed within the incorporated area of the city pursuant to the terms of this chapter. B. An organization 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. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (Ord. 2021-01 § 1 (Exh. A), 2021)

A bingo game shall be operated and staffed only by members of the licensed organization. Only the organization authorized to conduct a bingo game shall participate in the promotion, supervision, or any other phase of such game. A roster of the volunteer staff members of the licensed organization shall be conspicuously posted on the premises where such games are conducted and shall be open to public inspection. Any person participating in the operation, conduct, or staffing of any bingo game shall wear on his or her outside clothing, in plain view, an identification insignia or badge measuring not less than two and one-half inches by three and one-half inches in size and specifying the full name and title of such person and the name of the licensed organization. (Ord. 2021-01 § 1 (Exh. A), 2021)

All cards with concealed preprinted numbers or symbols are to be sold only during the operation of a bingo game, and it shall be the responsibility of the game’s operators to ensure that such cards remain on the premises at all times. Any sale or transport of said cards to the bingo operator may be accepted only by United States mails from out of the state of California. These cards shall not be used in any manner so as to violate any of the provisions of Section 330b of the Penal Code. (Ord. 2021-01 § 1 (Exh. A), 2021)

It shall be unlawful for any licensee with intent directly or indirectly to induce, encourage or solicit any person to participate in any bingo game or games authorized pursuant to this chapter, to make or disseminate or cause to be made or disseminated before the public in this city, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or any other manner or means whatsoever, any statement concerning any such bingo game including, but not limited to, the amount of prizes to be awarded or distributed in any game, which is untrue or misleading, and which is known or which, by the exercise of reasonable care, should be known to be untrue or misleading. (Ord. 2021-01 § 1 (Exh. A), 2021)

Bingo games shall be conducted by a licensee only during the hours of noon to midnight and not more than two days during any calendar week.

No property shall in any event be used for the conduct of bingo games more often than two days out of any seven-day period, nor more than twelve hours out of any day, regardless of the total number of licensees utilizing said property. (Ord. 2021-03 § 1, 2021)

A. All equipment used in the operation of bingo games shall be owned by the organization authorized to conduct such bingo games. All cards as defined with concealed preprinted numbers or symbols shall bear the legend, “for sale or use only in a bingo game authorized under California law and pursuant to local ordinance.” B. Prohibited: use of hand-held, portable card-minding devices as described in Section 326.5(p) of the California Penal Code. (Ord. 2021-01 § 1 (Exh. A), 2021)

No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game. (Ord. 2021-01 § 1 (Exh. A), 2021)

With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, 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. 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: A. Such proceeds may be used for prizes; B. A portion of such proceeds, not to exceed twenty percent of the proceeds before the deduction for prizes, or two thousand dollars per month, whichever is less, may be used for rental of property, overhead, and administrative expenses, including the purchase of bingo equipment; C. Such proceeds may be used to pay license fees. All disbursements from the bingo account shall be by consecutively numbered checks signed by two authorized officers of the licensee and shall be made payable to a specific individual or organization. There shall be written on each check the nature of the expenditure for which the check is drawn. No check shall be drawn to “cash” or a fictitious payee. (Ord. 2021-01 § 1 (Exh. A), 2021)

The total value of prizes available to be awarded during the conduct of any bingo games shall not exceed five hundred dollars in cash or kind, or both, for each separate game which is held. (Ord. 2021-01 § 1 (Exh. A), 2021)

A monthly list of all winners of five hundred dollars or greater in cash or in kind, or in combination, including signature, address, phone number, amount of prize, date, game number, and number of players of said game, shall be submitted monthly to the police department. Licensee shall inform all patrons of this requirement prior to the commencement of each bingo session. All such information shall be kept strictly confidential by licensee and shall be made available only to the city of Marina upon request by designated representatives of the police department. (Ord. 2021-03 § 2, 2021)

All bingo games shall be open to the public, not just to the members of the authorized organizations. No person who is obviously intoxicated shall be allowed to participate in a bingo game. (Ord. 2021-01 § 1 (Exh. A), 2021)

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. (Ord. 2021-01 § 1 (Exh. A), 2021)

No minors shall be allowed to participate in any bingo games. (Ord. 2021-01 § 1 (Exh. A), 2021)

Any bingo game conducted or operated contrary to the terms and provisions of this chapter, or any participation therein contrary to the provisions of this chapter, is declared to be unlawful and a public nuisance, and the city attorney shall, upon order of the city council, immediately commence an action or proceeding for the abatement and enjoinment thereof in the manner provided by law. (Ord. 2021-01 § 1 (Exh. A), 2021)

The remedies provided for in this chapter shall be cumulative and not exclusive. (Ord. 2021-01 § 1 (Exh. A), 2021)

It shall be a misdemeanor for any person to violate the provisions of Sections 5.28.040 and 5.28.050, and a conviction of such a violation shall be punished by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city. (Ord. 2021-01 § 1 (Exh. A), 2021) 5.32.010 5.32.020 5.32.030 5.32.040 5.32.050 5.32.060 5.32.070 5.32.080 5.32.090 5.32.102 5.32.106 5.32.120