Mendota Municipal Code Ch. 5.20 BING0

Footnotes:

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Editor's note— Sections 1 and 2 of Ord. No. 10-09, adopted Nov. 9, 2010, repealed the former Ch. 5.20, §§ 5.20.010—5.20.310, and enacted a new Ch. 5.20 as set out herein. The former Ch. 5.20 pertained to similar subject matter and derived from the Prior code §§ 7.11.001—7.11.031.

By the authority provided in subsection (c) of Section 19 of Article IV of the Constitution of the State and Section 326.5 of the Penal Code of the State, the city hereby prohibits any individual, corporation, partnership or other legal entities from conducting bingo games except organizations exempted from the payment of bank and/or corporation taxes under the Revenue and Taxation Code and by senior citizen organizations or mobilehome park associations and an organization to which a contribution or gift would be a charitable contribution under the United States Internal Revenue Code.

(Ord. No. 10-09, §§ 1, 2, 11-9-2010)

As used in this chapter, "bingo" shall mean 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.

(Ord. No. 10-09, §§ 1, 2, 11-9-2010)

Any organization intending to conduct bingo games within the city limits shall apply to the city clerk or his/her designee before conducting any such games. No permit shall be transferred to a different organization or place and any such transfer shall render the permit invalid. The fee for the permit shall be set by resolution of the city council.

(Ord. No. 10-09, §§ 1, 2, 11-9-2010)

A nonprofit, charitable organization shall conduct a bingo game only on property owned, donated to 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.

(Ord. No. 10-09, §§ 1, 2, 11-9-2010)

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

(Ord. No. 10-09, §§ 1, 2, 11-9-2010)

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

(Ord. No. 10-09, §§ 1, 2, 11-9-2010)

No person shall be allowed to participate in any bingo game, unless that person is physically present at the time and place in which the bingo game is being conducted.

(Ord. No. 10-09, §§ 1, 2, 11-9-2010)

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. 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. No. 10-09, §§ 1, 2, 11-9-2010)

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 city shall be entitled to audit or obtain financial information to verify this provision of the Mendota Municipal Code.

(Ord. No. 10-09, §§ 1, 2, 11-9-2010)

The licensee shall display the license at the authorized location during all bingo games.

(Ord. No. 10-09, §§ 1, 2, 11-9-2010)

Upon receiving a completed application with the fee, the city clerk shall send the application to the chief of police. The chief of police shall maintain the discretion whether or not to investigate to determine whether the permit should be issued. 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 the purposes of his or her investigation. If the chief of police finds that such operators or persons assisting in the operation of a bingo game have been convicted of any felony and/or crime in the past five years involving lotteries, gambling, larceny, perjury, bribery, or fraud, he or she may, without further proceeding, disapprove the issuance of the permit in question.

(Ord. No. 10-09, §§ 1, 2, 11-9-2010)

The city may bring an action for civil penalties against any person or organization violating any of the provisions of this chapter in an amount not to exceed ten thousand dollars ($10,000.00) for each and every violation and may bring an action to enjoin any violation of this chapter.

Any person or organization violating any of the provisions of this chapter shall be guilty, in the discretion of the city attorney, of a misdemeanor or infraction. Any person convicted of a misdemeanor violation of this chapter shall be punished by a criminal fine of not to exceed ten thousand dollars ($10,000.00) for each and every of violation. Any person convicted of an infraction violation of this chapter shall be punished by a criminal fine of not to exceed five hundred dollars ($500.00) for each and every of violation.

(Ord. No. 10-09, §§ 1, 2, 11-9-2010)