Mendocino County Municipal Code Ch. 8.52 Bingo Games

This ordinance is adopted pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions of this article.

(Ord. No. 1784, adopted 1976.)

Whenever in this Chapter the following terms are used they shall have the meanings respectively ascribed to them in this section.

(A) Bingo is 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.

(B) Nonprofit, charitable organization is an organization exempted from the payment of the bank and corporation tax by sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), and 23701(l) of the Revenue and Taxation Code and includes mobile home park associations and senior citizens organizations.

(Ord. No. 1784, adopted 1976, as amended by Ord. No. 3582, Sec. 1, adopted 1985.)

(C) Minor is any person under the age of eighteen (18) years.

(Ord. No. 1784, adopted 1976, as amended by Ord. No. 3582, Sec. 1, adopted 1985.)

(A) LICENSE. It shall be unlawful for any person to conduct any bingo games in the unincorporated area of Mendocino County unless such person is a member of a nonprofit, charitable organization acting on behalf of such nonprofit, charitable organization and has been issued a license as provided by this Chapter.

(Ord. No. 1784, adopted 1976.)

(B) TERM OF LICENSE AND FEES. A bingo license shall be issued for a period of twelve (12) months and may be renewed for additional periods of twelve (12) months provided that such renewal is made prior to the expiration of the original twelve-month period or any subsequent twelve-month renewal period. Upon any license renewal, the applicant shall update all information required under Section 8.52.040 (A). The fees for a bingo license and any renewal thereof shall be determined by a resolution by the Board of Supervisors. The appropriate fee shall accompany the submission of each application, is non-refundable and shall be used to defray the cost of the issuance of said license or renewal.

(Ord. No. 1784, adopted 1976, as amended by Ord. No. 1851, adopted 1977.)

(C) NONTRANSFERABILITY. Each license issued hereunder shall be issued to a specific person on behalf of a specific nonprofit charitable organization to conduct a bingo game at a specific location and shall in no event be transferable from one person to another nor from one location to another.

(Ord. No. 1784, adopted 1976.)

(A) PROCEDURE. Application for license shall be made to the Treasurer-Tax Collector on the prescribed forms, and shall be filed not less than twenty (20) days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at least the following:

(1) A list of all members who will operate the bingo game, including full names of each member and residence address.

(Ord. No. 1784, adopted 1976.)

(2) The date (s) and place (s) of the proposed bingo game or games.

(Ord. No. 1784, adopted 1976.)

(3) Proof that the organization is a nonprofit charitable organization as defined by this Chapter.

(Ord. No. 1784, adopted 1976.)

(B) INVESTIGATION. Upon receipt of an application for a license the Treasurer-Tax Collector may send copies of such application to any office or department which the Treasurer-Tax Collector deems essential in order to carry out a proper investigation of the applicant. The Sheriff and every officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application and may examine the premises to be used for the bingo game. Upon approval of any application for a bingo license, the Treasurer-Tax Collector shall issue the license.

(Ord. No. 1784, adopted 1976.)

A nonprofit, charitable organization shall conduct a bingo game only on property both 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.

(Ord. No. 1784, adopted 1976.)

(A) No minors shall be allowed to participate in any bingo game.

(Ord. No. 1784, adopted 1976.)

(B) All bingo games shall be open to the public, not just to the members of the nonprofit, charitable organization.

(Ord. No. 1784, adopted 1976.)

(C) A bingo game shall be operated and staffed only by members of the nonprofit, charitable organization which organized it. Such members shall not 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.

(Ord. No. 1784, adopted 1976.)

(D) 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.

(Ord. No. 1784, adopted 1976.)

(E) 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; licensee shall retain for one (1) year a full and complete financial statement of all monies collected, disbursed and the amount remaining for charitable purposes, which record shall be made available to Treasurer-Tax Collector upon written request.

(Ord. No. 1784, adopted 1976.)

(F) 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. No. 1784, adopted 1976.)

(G) The total value of prizes awarded during the conduct of any bingo games shall not exceed five hundred dollars ($500.00) in cash or kind, or both, for each separate game which is held.

(Ord. No. 1784, adopted 1976; Ord. No. 4300, 9-25-2012)

(H) No bingo game shall be conducted between the hours of midnight and 8:00 a.m.

(Ord. No. 1784, adopted 1976.)

(I) Any peace officer of the county shall have free access to any bingo game licensed under this Chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game.

(Ord. No. 1784, adopted 1976.)

(A) PROCEDURE. The Treasurer-Tax Collector may deny an application for a bingo license, or suspend or revoke a license if she 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 to be filed under this ordinance; or

(2) Violated any of the provisions of this Chapter.

(Ord. No. 1784, adopted 1976.)

If after investigation, the Treasurer-Tax Collector determines that a bingo license should be suspended or revoked or an application for such license denied, she 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 be personally delivered. Any person who has had an application for a bingo license denied or a license suspended or revoked by the Treasurer-Tax Collector may appeal that decision in the manner provided in his chapter.

(Ord. No. 1784, adopted 1976.)

(B) APPEAL. Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section:

(1) Within fifteen (15) calendar days after the date of any denial, suspension, revocation or other decision of the Treasurer-Tax Collector, an aggrieved party may appeal such action by filing with the Clerk of the Board of Supervisors a written appeal briefly setting forth the reasons why such denial, suspension, revocation or other decision is not proper.

(Ord. No. 1784, adopted 1976.)

(C) Within ten (10) days of such written appeal the Board of Supervisors shall conduct a public hearing to determine if grounds for license denial, suspension or revocation exist and may sustain, modify or reverse the decision of the Treasurer-Tax Collector. The decision of the Board shall be final.

(Ord. No. 1784, adopted 1976.)

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

(Ord. No. 1784, adopted 1976.)

(B) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.

(Ord. No. 1784, adopted 1976, as amended by Ord. No. 3582, Sec. 2, 1985.)