Chapter 5.37 — BINGO GAMES

The ordinance codified in this chapter 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 in the following sections in this chapter.

(Ord. 79-476 § 1 (part), 1979.)

Whenever in this chapter the following terms are used they have the meanings respectively ascribed to then, in this section:

A.

"Authorized organization" means any organization exempted from the payments of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 237011 of the Revenue and Taxation Code and mobilehome park associations and senior citizens' organizations.

B.

"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 at random.

C.

"Minor" means any person under the age of eighteen years.

(Ord. 79-476 § 1 (part), 1979.)

It is unlawful for any person to conduct any bingo game in the county unless such person is a member of the authorized organization acting on behalf of such organization which has been issued a license as provided by this chapter to conduct the bingo game.

(Ord. 79-476 § 1 (part), 1979.)

Application for license shall be made to the license collector on forms set forth below, and shall be filed not less than ten days prior to the proposed date of any bingo game or games. Such application form shall require from the applicant the following information:

A.

The name and address of the applicant, which in all cases shall be the authorized organization on behalf of which the application is submitted;

B.

The name, address and title of the individual who prepared the application;

C.

A list of the full names of all members who will conduct the bingo game or games;

D.

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

E.

Proof that the applicant is an authorized organization as defined in subsection A of Section 5.37.020;

F.

Such other information as the license collector may deem necessary in order to effectuate the purposes of this chapter.

(Ord. 79-476 § 1 (part), 1979.)

The term of a bingo license shall be for a period of twelve months from its date of issuance.

(Ord. 79-476 § 1 (part), 1979.)

If the license collector determines that a proper application has been submitted, that the applicant qualifies under the provisions of this chapter, and that the conducting of bingo games at the particular location stated in the application will not violate any other ordinance of the county, a bingo license shall be issued.

(Ord. 79-476 § 1 (part), 1979.)

A.

The authorized organization shall conduct a bingo game only on property owned or leased by it, which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this subdivision shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

B.

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

C.

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

D.

A bingo game shall be operated and staffed only by members of the authorized organization which organized it. 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.

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.

G.

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:

Such proceeds may be used for prizes;

A portion of such proceeds, not to exceed ten percent of the proceeds after the deduction for prizes, or five hundred dollars per month, whichever is less, may be used for rental of property, overhead and administration expenses.

H.

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

I.

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

J.

The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held.

K.

No bingo game shall be conducted between the hours of midnight and eight a.m.

(Ord. 79-476 § 1 (part), 1979.)

Any peace officer of the county shall have free access to any bingo game licensed under this chapter. A licensee shall post and maintain its bingo license in a conspicuous place on the premises at all times during any bingo game.

(Ord. 79-476 § 1 (part), 1979.)

A.

The license collector may deny any application for a bingo license, or suspend or revoke a license if he finds the applicant or licensee, or any agent or representative thereof, has:

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 chapter; or

Violated any of the provisions of this chapter.

B.

If the license collector determines that a bingo license should be suspended or revoked or an application for such license denied, he 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 shall be personally delivered to it. Any applicant who has had an application for a business license denied or which has had a bingo license

suspended or revoked by the license collector may appeal that decision in the manner provided in Section 5.37.100.

(Ord. 79-476 § 1 (part), 1979.)

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

A.

Within fifteen calendar days after the date of any denial of an application, or suspension or revocation of a license by the license 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 or revocation is not proper.

B.

Upon receipt of such written appeal, the clerk of the board shall set the matter for hearing before the board of supervisors. The hearing shall be held within thirty days after the date of the filing of the appeal. At least one week prior to the date of the hearing on the appeal, the clerk of the board of supervisors shall notify the appellant and license collector of the date and place of the hearing. At such hearing the license collector and the appellant may present any evidence relevant to the decision appealed. The formal rules of evidence applicable in a court of law shall not apply to such hearing.

C.

At the conclusion of the hearing, the board of supervisors may affirm, reverse or modify the decision appealed. The decision of the board of supervisors is final.

(Ord. 79-476 § 1 (part), 1979.)

Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor.

(Ord. 79-476 § 1 (part), 1979.)