Maywood Municipal Code Ch. 29 Bingo Games for Authorized Organizations

Notwithstanding any other provision of this Code, this chapter is adopted pursuant to Section 19 of Article IV of the Constitution of the State and Section 326.5 of the Penal Code of the State in order to make the game of bingo lawful under the terms and conditions of this chapter.

(§ 1, Ord. 76-144, eff. January 13, 1977, as amended by § 1, Ord. 77-161, eff. February 9, 1978)

The following words and phrases, wherever used in this chapter, shall be construed as defined in this section, unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

(a) "Bingo" shall mean a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which numbers or symbols conform to numbers or symbols selected at random. The game of bingo shall also include cards having numbers or symbols which are concealed and printed in a manner providing for the 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".

(b) "Authorized organization" shall mean an organization allowed to conduct bingo games pursuant to the provisions of Section 326.5 of the Penal Code of the State as the same may be amended from time to time.

(c) "Minor" shall mean any person under the age of eighteen (18) years.

(d) "Person" shall mean any individual, corporation, corporation sole, or unincorporated association.

(§ 1, Ord. 76-144, eff. January 13, 1977, as amended by § 1, Ord. 77-161, eff. February 9, 1978, and § 1, Ord. 80-217, eff. May 7, 1980)

It shall be unlawful for any person to conduct any bingo game in the City, unless such person is a member of an authorized organization acting on behalf of such authorized organization, and such organization has been issued a license as provided in this chapter.

(§ 1, Ord. 76-144, eff. January 13, 1977, as amended by § 1, Ord. 77-161, eff. February 9, 1978)

An application for a bingo license shall he made in writing to the License Collector, who shall refer such application to the City Attorney for his determination that the applicant is an authorized organization within the meaning of this chapter. The application for a bingo license shall contain at a minimum the following:

(a) A list of all members who will operate the bingo game and who shall be personally responsible for compliance with all of the terms and conditions of the license. Such list shall include the full names of each such member, date of birth, place of birth, physical description, social security number, home address, and home telephone number;

(b) The date(s) and place(s) of the proposed bingo game or games; and

(c) Proof that the organization is an authorized organization as defined in this chapter, including, but not being limited to, a copy of the Articles of Incorporation or other evidence of the status of the organization and certificates or rulings of the appropriate State and Federal agencies regarding the status of the organization.

Such application shall be accompanied by a fee of Fifty and no/100ths ($50.00) Dollars. If the application for such license is denied, one-half (½) of such fee shall be refunded to the applicant. Prior to the issuance of any such license, and after the City Attorney has made a determination that the applicant is an authorized organization, the application shall be investigated as set forth in Section 5-29.05 of this chapter.

(§ 1, Ord. 76-144, eff. January 13, 1977, as amended by § 1, Ord. 77-161, eff. February 9, 1978)

The License Collector shall refer the application for the license to the Chief of Police, the Building Official, and the Fire Chief, each of whom shall make such investigations as pertain to their particular areas of responsibility, and all departments of the City shall cooperate with all of such persons in order to permit them to conduct a proper investigation of the applicant. All of such reports shall be made to the License Collector within thirty (30) days after such referral, unless additional time for investigation is given by the Council. Upon the receipt of all of such reports, the License Collector shall cause the application to be placed on the agenda for consideration by the Council at its next regular meeting. At the time of consideration by the Council, any interested parties shall he given the right to be heard upon the matter of granting such license.

The Council, after considering the reports of the departments as described in this section, may impose such reasonable conditions as it deems necessary in order to protect the public health and welfare and adjoining residences or businesses, and it shall grant the license if it determines that:

(a) The applicant qualifies, and that such applicant has not knowingly made any false, misleading, or fraudulent statement of a material fact in the application for the license or in any record or report required to be filed under this chapter;

(b) None of its members who will operate the bingo game has previously been convicted of violating any of the provisions of this chapter or of any provision of State laws relating to unlawful gambling or theft or of any felony; and

(c) The applicant has agreed in writing to comply with the conditions set forth in this chapter or imposed by the Council.

(§ 1, Ord. 76-144, eff. January 13, 1977, as amended by § 1, Ord. 77-161, eff. February 9, 1978)

The maximum term of a bingo license shall be one year and may be renewed for a maximum period of one year any time within six (6) months after its date of expiration upon an application therefor.

(§ 1, Ord. 76-144, eff. January 13, 1977, as amended by § 1, Ord. 77-161, eff. February 9, 1978)

After the completion of a favorable investigation and the qualification of the applicant organization, the License Collector shall issue a license to the applicant, setting forth the terms and conditions of the license, which shall be displayed in the place where the bingo games are conducted and upon written acceptance by the applicant of any conditions imposed by the Council. The chief of Police shall then issue an individual identification permit to each individual authorized to conduct the bingo game on behalf of the applicant organization. Such permit shall be subject to suspension in the same manner as the license for the organization. The individual permits shall remain in effect so long as the organization's license is in effect. Upon the termination or suspension of the bingo license of the organization, all individual permits shall be surrendered to the Chief of Police within ten (10) days after such termination or suspension. The possession of such individual permit after ten (10) days after the date of the termination or suspension of an organization's license shall be subject to the punishment provided in Section 5-29.12 of this chapter.

(§ 1, Ord. 76-144, eff. January 13, 1977, as amended by § 1, Ord. 77-161, eff. February 9, 1978)

Each license required by the provisions of this chapter shall be issued to a specific authorized organization to conduct a bingo game at a specific location and shall in no event be transferable from one organization to another nor from one location to another.

(§ 1, Ord. 76-144, eff. January 13, 1977, as amended by § 1, Ord. 77-161, eff. February 9, 1978)

(a) No minor shall be allowed to participate in any bingo game.

(b) An authorized organization, as defined in this chapter, 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 the performance of the purposes for which the organization is organized. No bingo game shall be conducted in a residential zone except in a church or public building lawfully located in such zone.

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

(d) All bingo games shall be operated and staffed only by members of the authorized organization which holds a license issued pursuant to this chapter. No member shall receive a profit, wage, or salary from any bingo game. 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.

(e) 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.

(f) 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 License Collector or his designated representative shall have the power to inspect all books, records, and papers of the authorized organization which pertain only to the operation of such bingo games.

(g) 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.

(h) The total value of prizes awarded during the conduct of any bingo game shall not exceed Two Hundred Fifty and no/100ths ($250.00) Dollars in cash or kind, or both, for each separate game which is held.

(i) No alcoholic beverage shall be consumed or offered for consumption in the same room where bingo games are being played.

(j) The organization to which the license is issued shall indicate in writing its acceptance of all of the terms and conditions of such license as set forth in this chapter, before a license will be issued.

(§ 1, Ord. 76-144, eff. January 13, 1977, as amended by § 1, Ord. 77-161, eff. February 9, 1978, § 1, Ord. 78-188, eff. January 25, 1979, § 1, Ord. 84-269, eff. November 22, 1984, and § 1, Ord. 91-373, eff. April 26, 1991)

Any peace officer shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and list of approved members of the authorized organization who will operate the bingo game available for inspection at all times during any bingo game.

(§ 1, Ord. 76-144, eff. January 13, 1977, as amended by § 1, Ord. 77-161, eff. February 9, 1978)

In addition to any other penalties provided in this chapter, a bingo license may be suspended or revoked if the licensee, or any person authorized to conduct bingo games on behalf of the licensee, violates any of the provisions of this chapter. If, after investigation, the Chief of Police determines that a bingo license should be suspended or revoked, he is hereby authorized to issue an immediate suspension or revocation, which shall be effective until the second regular Council meeting following such suspension or revocation, provided the Chief of Police gives to the Council and licensee a written notice of such suspension or revocation and the reasons therefor. Such notice shall be delivered within three (3) days after such suspension or revocation in person to the licensee's bingo game location or shall he sent to the licensee by certified mail, addressed to the licensee's address as set forth in the application. The licensee shall have the right to appeal to the Council the suspension or revocation by filing a written notice of appeal with the City Clerk not later than five (5) days before the second regular Council meeting following the notice of suspension or revocation. The Council shall consider the report of the Chief of Police and, at its second regular meeting following the suspension or revocation notice, shall either affirm and ratify the permanent suspension or revocation or shall overrule such suspension or revocation and restore all of the licensee's rights to conduct bingo games. In the event of an appeal by the licensee, the Council shall not take final action until it has given the licensee an opportunity to be heard on its appeal to the Council.

Any licensee whose license has been revoked shall not be eligible to apply for another license until one year has passed after the date of the revocation of its license.

(§ 1, Ord. 76-144, eff. January 13, 1977, as amended by § 1, Ord. 77-161, eff. February 9, 1978)

Any member of a licensed organization who receives a profit, wage, or salary from the operation of a bingo game shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed Ten Thousand and no/100ths ($10,000.00) Dollars, which fine shall be deposited in the general fund of the City. Any person violating any of the other provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than Five Hundred and no/100ths ($500.00) Dollars or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. The organization to which the license is issued shall have imputed liability for the conduct of any of its members who may be operating any bingo game on behalf of such organization.

(§ 1, Ord. 76-144, eff. January 13, 1977, as amended by § 1, Ord. 77-161, eff. February 9, 1978)

If any provision, clause, sentence, or paragraph of this chapter, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are hereby declared to be severable.

(§ 1, Ord. 76-144, eff. January 13, 1977, as amended by § 1, Ord. 77-161, eff. February 9, 1978)