Modesto Municipal Code Art. 10 Bingo Games

* Article 10, Sections 4-1.1001 through 4-1.1024 added by Ord. 1724-C.S., effective 6-7-78, as amended by Ord. 1860-C.S., Ord. 2152-C.S., Ord. 2157-C.S., Ord. 2363-C.S., Ord. 2454-C.S., Ord. 2914-C.S., and Ord. 3128-C.S., completely amended by Ord. 3176-C.S., § 1, effective 7-6-00)

It is the purpose of this article to authorize the playing of the game of chance commonly known as bingo subject to and pursuant to Penal Code Section 326.5 and this article. The City of Modesto, pursuant to Section 9, Art. IV of the California Constitution and Section 326.5 of the California Penal Code, does hereby authorize and provide for the conduct of bingo games by nonprofit organizations for charitable purposes in accordance with the provisions of this article.

The regulatory provisions set forth in this article ensure that bingo games operated within the City of Modesto are subject to reasonable conditions for the protection of the public health, safety and welfare. Bingo operations are an important source of revenue for eligible organizations. These eligible organizations provide a community benefit because receipts from bingo games are required by state law to be used only for charitable purposes. Thus, it is in the best interest of the citizens of Modesto to regulate bingo operations by providing certain standards for the conduct of the games and by providing for licensing and financial accountability procedures set forth in this article.

The Modesto Police Department will conduct a thorough investigation into the background of applicants and their organizations in order to assure the citizens of Modesto that licensure will not provide a means for fraud and deceit and thus safeguard legitimate charitable purposes.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

(a) Bingo. As used in this article, the term "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card that conform to numbers or symbols selected at random. The game of bingo shall 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. The term bingo does not include the use of electronic bingo aids, that is, the use of any mechanical, electronic, electro mechanical or computerized aid that is interfaced with or connected to equipment used to conduct a game of bingo in any manner whatsoever.

(b) Electronic bingo aid. As used in this article, the term "electronic bingo aid" means any mechanical, electronic, electromechanical or computerized aid (including related hardware and software) that is interfaced with or connected to equipment used to conduct a game of bingo and which allows a player to store, display and mark a bingo face card five (5) spaces wide by five (5) spaces long, the center space free, and the other spaces containing pre-printed numbers occurring between one (1) and seventy-five (75), inclusive. The electronic bingo aids must be used in conjunction with bingo cards and may be used to assist a bingo player in participating in bingo games if all of the following conditions are complied with:

(1) The particular type of electronic bingo aid proposed to be used has been demonstrated to, inspected by and approved by the City's Police Department.

(2) No more than fifty (50) bingo cards (fifty (50) card faces, each with its random bingo number pattern) shall be programmed into any single electronic bingo aid during any bingo game.

(3) Only one (1) electronic bingo aid may be used by any bingo player during a bingo game. This is the equivalent of fifty (50) bingo cards.

(4) The electronic bingo aid shall be distributed for play on a totally random basis. The bingo player is prohibited from selecting the electronic bingo aid. The electronic bingo aid is not to be removed from the premises except for repair. A record will be maintained of all electronic bingo aids removed from the premises, the business entity and site address to which they were taken, and the return date.

(5) Prior to being given physical possession of the electronic bingo aid, the bingo player must pay for the appropriate number of games to be programmed into the electronic bingo aid and receive a receipt indicating the amount paid and the number of games activated in the electronic bingo aid. In addition, the bingo player must maintain in his/her possession cards or sheets of paper corresponding exactly to the bingo number pattern for each card face entered into the electronic bingo aid. The electronic bingo aid may produce the sheets of paper containing the bingo number pattern for each card face for the games to be played.

(6) Electronic bingo aids are permitted as means of assisting the bingo player mark, process by computer or otherwise register, record or process numbers selected at random on any bingo card. They shall not be a complete substitute for bingo cards.

(7) Electronic bingo aid system must have a dial-up capability so that the Police Department may remotely monitor the operation and the internal accounting systems of the electronic bingo aid at any time.

(8) To prevent tampering, manufacturers of electronic bingo aids incorporating erasable programmable read only memory modules ("EPROM") and EPROM receptacle or similar logic storage and/or retrieval components must seal these modules and their associated circuitry to secure against unauthorized removal, additions, changes or other alterations.

(9) Manufacturers of electronic bingo aids must manufacture each electronic bingo aid to insure that it works with an accounting system that records and retains for a period of not less than three (3) years, the serial number of each bingo card sold (it must be clear whether the card sheet is six-on, etc.), the price of each card sold and the total amount of the electronic bingo aid proceeds from each session. This information must be secure and shall not be accessible for alteration. The electronic bingo aid system must be able to verify winning cards and to print them for posting. The electronic bingo aid's capabilities and information must not be lost through power failure or other disruption during the session.

(10) If the Police Department detects or discovers any problem with the electronic bingo aid that affects the integrity of the bingo game, the Police Department may direct the manufacturer, distributor or conductor to cease the sale, lease or use of the electronic bingo aid, as applicable, in the City. The Police Department may require the manufacturer to correct the problem or recall the electronic bingo aid immediately upon notification by the Police Department to the manufacturer. If the manufacturer, distributor or conductor detects or discovers any defect, malfunction or problem with the electronic bingo aid, the manufacturer, distributor or conductor, as applicable, shall immediately remove the electronic bingo aid from use or play and immediately notify the Police Department of such action.

Subject to the appeal procedures provided herein, violation of these rules shall result in the loss of the right to use electronic bingo aids or the revocation of the bingo license.

(c) Pull tabs. The game of bingo shall also include cards having numbers or symbols which are concealed and preprinted. These cards are commonly referred to as "pull tabs." The winning preprinted cards or pull tabs 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 bare the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." The preprinted cards shall be sold only during the hours of operation of the licensing organization. It is the responsibility of the game operators to ensure that preprinted cards remain on the premises at all times.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

This article is not the exclusive regulation of bingo games within the City. It shall supplement and be an addition to other provisions of this Code, other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City of Modesto, the State of California or any legal entity or agency having jurisdiction including, but not limited to, the provisions of California Penal Code Section 326.5, as amended, or any successor California code governing bingo. In addition, the Modesto Police Department will issue a bingo handbook to all permitees. This handbook will set forth the administrative regulations governing bingo operations within the City of Modesto.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

No person, firm, corporation, organization or association shall engage in, carry on, maintain, conduct or cause to be engaged in, carried on, maintained or conducted a bingo game in the City of Modesto without first obtaining a license from the City pursuant to this article and paying the prescribed license fee in the amount of fifty dollars ($50.00) to the Modesto Police Department.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

Such licenses may be issued only to nonprofit organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the Revenue and Taxation Code and by mobile home park associations and senior citizen organizations. Organizations exempt because they qualify as a 23701d organization under the California Revenue and Taxation Code are referred to herein as "charitable organizations."

All other exempt organizations, which include, for purposes of this article, mobile home park associations and senior citizen organizations that conduct bingo games for the sole purpose of entertainment and limit bingo prizes to under twenty-five dollars ($25.00) in cash and kind, are exempt from payment of the prescribed license fee.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

An eligible organization desiring to conduct bingo games in the City of Modesto shall apply to the Administrative Services Division of the Modesto Police Department for a license. The application for a license to conduct bingo games shall be in the form determined by the Police Chief. The Administrative Services Division shall not accept incomplete applications. The application shall include, but not be limited to, the following information:

(a) A copy of the resolution adopted by the organization authorizing the filing of the application for a bingo license;

(b) The name of the organization; names, social security number, birth date, driver's license (if current), phone number (business and home), addresses and signatures of all of the officers of the organization;

(c) Proposed days and hours of operation of bingo games;

(d) Copies of certificates or letters evidencing exempt status under the applicable section(s) of the California Revenue and Taxation Code from the Franchise Tax Board, as appropriate;

(e) Address of the premises where bingo games will be conducted;

(f) Statement of ownership or a lease agreement relating to the proposed premises where the bingo games will be conducted;

(g) Purpose(s) for which the premises are used by the organization;

(h) A signed waiver form authorizing the Modesto Police Department to inspect the financial records required to be maintained by this article and/or any bank accounts containing profits derived from bingo games and the expenditures of said profits;

(i) Name(s), social security number, birth date, driver's license (if current), phone number (business and home), and addresses of the person(s) responsible for the operation of the bingo games, their capacity within the organization, and their responsibilities with respect to the bingo operation;

(j) Name(s), social security number, birth date, driver's license (if current), phone number (business and home) and addresses of the person(s) operating or assisting in the operation of the bingo games;

(k) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Penal Code Section 326.5 and the provisions of this article, as either may be amended from time to time;

(l) A financial statement of the organization, signed by a licensed certified public accountant, for the one (1) year period immediately preceding the application;

(m) If the organization is a mobile home park association or a senior citizen center which does not have a certificate of tax exemption, it shall provide the Administrative Services Division of the Police Department with a copy of its articles of association, bylaws or other documents setting forth its aims and purposes which is signed by the principal officers or trustees of the association. These organizations shall provide such information and documents as deemed necessary by the Administrative Services Division before any license is issued; and

(n) Such other information as the Police Chief may require.

The license shall be issued for a term of one (1) year from the date of issuance, subject to renewal and payment of applicable annual or other fees.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

The Police Chief or his or her designee, may refuse to issue a bingo license if, after consideration of the application and any other papers, records and investigations he/she deems relevant, it is determined that the operation of a bingo game would be in violation of the California Penal Code, this article, or any City zoning or building law or regulation.

In addition, the Police Chief has discretion to refuse to issue a bingo license if the applicant has done any act involving dishonesty, fraud or deceit with intent to substantially benefit him or herself, or another, or substantially injure another and the Police Chief concludes that by reason of the crime or act the applicant may not direct, run, manage or oversee a bingo operation in a law abiding manner or in a manner which does not subject patrons of the bingo operation to risk of harm or criminal, deceitful or otherwise unethical practices.

Upon denial of a license, the appeal procedure provided in this article shall be applicable.

Bingo games within the City of Modesto must be played, at all times, pursuant to the license granted hereunder, the organization so licensed shall maintain an affidavit under penalty of perjury which shall contain the current update of the information originally set forth in tile application for the license.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

Pursuant to Penal Code Section 326.5(h), the bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage or salary from any bingo game. Only the licensed organization shall operate such bingo game or participate in the promotion, advertising, supervision or any other phase of the game. Security personnel who are not members of the licensed organization are authorized pursuant to Penal Code Section 326.5(h).

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

The City of Modesto's Police Department shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for the purpose of determining those who have been convicted of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude, and to present such information at any bingo license hearing.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

Pursuant to Penal Code Section 326.5(l)(2), no individual, corporation, partnership or other legal entity except the licensee organization, shall hold a financial interest in the conduct of any bingo game licensed under this article.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

Any license granted under this article shall not be transferable either as to the licensee organization or the location. Any attempt to transfer said license shall render the license invalid. Pursuant to Penal Code Section 326.5(f), a license applicant or an existing licensee organization desiring to expand or change locations shall comply with the City approval process including, but not limited to, the bingo license and/or land use approval.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

A license to conduct bingo games shall be issued only for use on property owned or leased by the licensee, or on property loaned to the licensee only if such property is used continuously by such licensee for an office for the performance of the purposes for which it is organized. In the event the described property ceases to be so used for any period of time, the license shall have no further force or effect. Nothing in this article shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, that organization.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

An organization granted a permit pursuant to this article shall not conduct or permit to be conducted a bingo game unless said license is posted in a conspicuous place during the conduct of such game. The licensee shall produce and exhibit the same, when applying for renewal of said license, and whenever requested do to so by any peace officer, code enforcement officer or officer authorized by the City to issue or inspect the premises.

Every person engaged in the conduct or operation of a bingo game shall wear an identification badge of a type and form required by the Police Chief and issued by the Modesto Police Department.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

The licensee organization shall submit to the Modesto Police Department on or before January 15th of each year, a list of the names and addresses of any and all suppliers or distributors of bingo supplies and equipment to the licensee organization during the preceding calendar year.

All suppliers or distributors doing business within the City of Modesto shall provide the information requested by the Police Department. This information shall include, but not be limited to, game descriptions, types of bingo supplies provided, quantities delivered and sales price, and serial numbers, when available.

No supplier shall receive a percentage of profits from the bingo proceeds or any other phase of bingo. No supplier shall absorb the loss derived from the conduct of the bingo. No supplier shall adjust bingo supply prices for a specific licensee organization based on profits, losses or tax exempt status. No supplier shall dictate or restrict a bingo license organization from choosing a particular vendor for the purchase of bingo supplies.

The licensee organization shall pay in full the invoice amount for bingo supplies not more than five (5) business days after the due date on the invoice. Failure to comply will result in commencement of suspension or revocation proceedings as set forth in this article.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

No licensee shall conduct bingo games more than six (6) hours out of any one (1) day. No bingo games shall be conducted before 9:00 a.m. or after 12:00 midnight.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

All bingo games shall be open to the public. All bingo games, equipment, facilities and property shall be open to inspection by members of the Police Department, Fire Department, Health Department, City of Modesto code enforcement officers and/or building inspection officers or officials.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

Notwithstanding that bingo games shall be open to the public, 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 Fire Department and Building Inspection Division of the City in accordance with applicable codes laws and regulations.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

No bingo game shall be operated in violation of any law or in a manner which shall constitute a public nuisance.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

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. No licensee shall issue chips or money to a patron on credit or loan (including but not limited to IOU's and checks to be held) or allow any patron to otherwise play on credit. No person shall be allowed to buy more than fifty (50) bingo cards in any one day nor be allowed to play more than fifty (50) bingo cards in any one game. No person who is in a state of intoxication shall be allowed to participate in or to work at any bingo game licensed under this article.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

The total value of a prize or prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held. Pull tabs may not be used in conjunction with other bingo games for purposes of exceeding this limit. Each pull tab is, for purposes of this article, a separate bingo game.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

(a) With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code of the State of California, 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.

(b) With respect to other organizations authorized to conduct bingo games pursuant to this article, 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. Proceeds are the receipts of bingo games conducted by an organization not within subsection (a). Such proceeds shall be used only for charitable purposes, except as follows:

(1) Such proceeds may be used for prizes;

(2) A portion of such proceeds, not to exceed twenty (20) percent of the proceeds before the deduction for prizes, or two thousand dollars ($2,000.00) per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel;

(3) Such proceeds may be used to pay license fees.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

The licensee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision or any other phase of bingo games which are authorized by this article. The City, 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 with the City by making such records available. Failure to so cooperate shall be a violation of this article and grounds for revocation of the permit.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

Each bingo game operation shall post in a conspicuous place, at the entrance of the facility, the rules for operation of its bingo games. The written rules will contain at least the following information:

It is unlawful for a licensee organization to knowingly authorize, permit or do any of the following:

(a) Provide or award total prizes for each separate bingo game which exceeds two hundred fifty dollars ($250.00) in cash or kind, or both;

(b) Limited attendance or participation in such games to members of the licensee's organization or otherwise deny attendance or participation to member of the general public who complies with the rules of the game and conducts himself in an orderly and law abiding manner;

(c) Participate in a bingo game, if the participant is obviously under the influence of alcohol;

(d) Participate in bingo games, unless personally present at the location of the games at the time the games are being conducted; and

(e) Make payouts without a participant evidencing a paid receipt corresponding to the number of games actually being played.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

Revenue from bingo operations shall be the sole source of payouts to bingo winners. If an organization has revenue sources separate from bingo revenue, those other revenue sources shall not be commingled into payouts or prizes to participants in the bingo games.

There shall be no free games. There shall be no free door prizes and/or free gifts. Provisions of free drinks such as coffee, tea and hot cocoa is permissible. Carbonated drinks are not included in the free category. Free food for special occasions to all patrons may be permitted up to four (4) times per year. Prior to the event, a written permit for the bingo session(s) must be obtained from the Police Chief, or designee.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

For the purposes of this article, no person under the age of eighteen (18) years of age shall be allowed to participate or be a worker in any bingo games licensed under this article.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

No alcoholic beverages shall be served or consumed by bingo workers or bingo participants on the bingo premises during the hours of operation of a bingo game.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

The Police Chief shall have the authority to temporarily suspend a bingo establishment's license by ordering in writing that the licensee immediately cease and desist any further operations if the Police Chief finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health or safety of the public caused by the exercise of the license and one (1) of the following occurs:

(a) The licensee is conducting its operation in violation of any of the provisions of this article, California Penal Code Section 326.5, the City of Modesto administrative regulations adopted pursuant to this article, or any other applicable State of California, County of Stanislaus, federal law, or administrative rule or regulation, as they may be amended from time to time; or

(b) The licensee has not made available upon demand of the Police Chief all records necessary to determine or establish compliance with the provisions of this article, the City of Modesto administrative regulations adopted pursuant to this article, California Penal Code Section 326.5, or any other applicable State of California, County of Stanislaus, federal law, or administrative rule or regulation, as they may be amended from time to time; or

(c) The licensee has not kept records as required by this article, California Penal Code Section 326.5, the City of Modesto administrative regulations adopted pursuant to this article, or any other applicable State of California, County of Stanislaus, federal law, or administrative rule or regulation, as they may be amended from time to time; or

(d) Has not kept records necessary to determine compliance with applicable laws and administrative rules and regulations pursuant to generally accepted principles of accounting when such records are not prescribed to be kept in any specific manner or type by the Police Chief, this article, or any other applicable State of California, County of Stanislaus, federal law, or administrative rule or regulation, as they may be amended from time to time.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

(a) The holder of a bingo license shall be given prompt notice of suspension of said license and shall immediately desist from conducting or operating any bingo games. Service of notice of temporary suspension shall also constitute a notice of proposed revocation of the license. The temporary suspension shall be effective no sooner than twenty-four (24) hours following the time and date of personal service of the notice thereof. The licensee shall be notified that it shall have ten (10) days from the date of such order of temporary suspension to request in writing a hearing before the Police Chief to determine whether its license, should be revoked. If the licensee fails to request in writing such hearing before the Police Chief within the period prescribed, the Police Chief shall revoke the license.

(b) Upon timely request for an appeal by the licensee, the Police Chief shall provide an appeal hearing within fifteen (15) days after receipt of written request from the licensee. Notice of the time and place of such hearing shall be given to the licensee by depositing said notice in the United States mail at least ten (10) days before the hearing to the address in the bingo application.

(c) If the license is revoked, written notice shall be given to the licensee within twenty-five (25) days of the close of the hearing. Notice of revocation shall be given by United States mail. The licensee will be presumed to have received said notice within five (5) days after mailing.

(d) Any person who conducts a bingo game after a temporary suspension of its license or after revocation of its license is guilty of a misdemeanor.

(e) Bingo licensees who have discontinued conducting bingo games and have not followed the administrative regulations set forth in the Modesto Police Department Bingo Handbook, the Modesto Municipal Code Title 4, Chapter 1, shall be denied a subsequent license to conduct bingo games for two (2) years from the last day of bingo game operations.

(f) Any organization whose license is revoked may not apply for a license to conduct bingo games in the City of Modesto for a period of two (2) years from the date of such revocation. However, if the ground for revocation is cancellation of the exemption granted under the Revenue and Taxation Code, said bingo organization may again apply for a bingo license upon proof of reinstatement of said exemption.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

Any person, firm, corporation, organization or association upon denial of an application for a business license to operate bingo games and any holder of a bingo license whose license is revoked under this article shall have the right, after receiving notice in writing of the denial or revocation, to file a written appeal within twenty (20) calendar days from the service of a notice of denial of license or order of revocation executed by the Police Chief to the City Manager or his or her designee. The provisions for appeals set forth in Title 1, Chapter 4, of the Modesto Municipal Code are inapplicable to this article.

Any written appeal request shall contain the following:

(a) A brief statement setting forth the interest the appealing party has in the matter to be appealed;

(b) A brief statement, in ordinary and concise language, of the material facts which the appellant claims support his/her/its contention that the denial of the license or revocation of the license should not be imposed;

(c) An address which the appellant agrees notice of any additional proceedings or an order after hearing may be received by first class mail;

(d) As soon as practicable after receiving the written notice of appeal, the City Manager or his or her designee shall schedule a date, time and place for the appeal hearing. A continuance of the hearing may be had upon written request to the City Manager and upon a showing of good cause;

(e) Written notice of the date, time and place of the hearing shall be served at least ten (10) calendar days prior to the date of the appeal hearing. Notice of hearing shall be sent to the appellant by first class mail at the address provided with the written appeal request. The hearing shall be set for an appeal hearing no sooner than twenty (20) days following a request for a hearing;

(f) Failure to attend the appeal hearing by the person appealing any notice and/or order of the Police Chief issued under this article shall constitute a waiver of his or her rights to such hearing and adjudication of the notice or order, or any portion of the notice or order; and

(g) The order of the City Manager or his or her designee shall constitute a final order and judicial review of the order shall be governed by California Code of Civil Procedure Section 1094.6.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

All of the provisions of California Penal Code Section 326.5 as it now exists and as amended hereafter are incorporated herein by reference as if set forth in full and shall apply to every bingo game except as to more restrictive provisions which are set forth herein.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

Pursuant to the City's prosecutorial discretion, the City may enforce violations of the provisions of this article as an infraction or misdemeanor.

(a) Infraction/Misdemeanor. Any person who violates any of the provisions of this article shall be guilty of an infraction and/or misdemeanor. Each and every day, or any part thereof, during which any such violation is committed, continued or allowed, shall be a separate offense.

(b) Prosecution. Every violation of this article shall be a misdemeanor; provided, however, that where the City Attorney has determined that such action would be in the best interest of justice, the City Attorney may specify in the accusatory pleading or citation, that the violation shall be prosecuted as an infraction.

(c) Penalty for Infraction. Each and every violation of this article which is deemed an infraction is punishable by a fine not exceeding two hundred fifty dollars ($250.00).

(d) Penalty for Misdemeanor. Each and every violation of this article which is deemed a misdemeanor is punishable by a penalty of not more than one thousand dollars ($1,000.00), or by imprisonment in the city or county jail for a period of not exceeding six (6) months, or, by both penalty and imprisonment.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

Title 1, Chapter 6 of the Modesto Municipal Code establishes the administrative enforcement of remedies for violations of this Code and applicable State codes. The administrative remedies include administrative abatement, summary abatement, civil penalties, administrative citations, and mediation. The City of Modesto may pursue any of these administrative remedies for violations of this article. Any civil penalties imposed by way of administrative remedies shall be deposited in the general fund of the City of Modesto.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

If any section, subsection, sentence, clause, phrase or word of the ordinance codified in this article is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed the ordinance codified in this article and each section, subsection, sentence, clause, phrase and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s) or word(s) be declared invalid.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)

The changes provided for in the ordinance codified in this article shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of said ordinance, nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of the ordinance codified in this article.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)