Monterey County Municipal Code Ch. 7.08 Bingo Games for Charity

Footnotes:

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Editor's note— Ord. No. 5190, § 1, adopted September 13, 2011, amended Chapter 7.08 in its entirety to read as herein set out. Formerly, Chapter 7.08, §§ 7.08.010—7.08.180 pertained to bingo and derived from Ord. No. 2388, §§ 1—15, adopted 1978, and Ord. No. 3659, § 8, adopted 1993.

This Chapter is adopted pursuant to Section 19 of Article IV of the California Constitution, as implemented by Section 326.5 of the California Penal Code.

(Ord. No. 5190, § 1, 9-13-2011)

As used in this Chapter, "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player's possession and that conform to numbers or symbols, selected at random and announced by a live caller. Notwithstanding Section 330c of the Penal Code, as used in this Chapter, the game of bingo includes tangible cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. Electronics or video displays shall not be used in connection with the game of bingo, except in connection with the caller's drawing of numbers or symbols and the public display of that drawing, and except as provided in Section 7.08.135. 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 preprinted cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." Only a covered or marked tangible card possessed by a player and presented to an attendant may be used to claim a prize. It is the intention of the Board that bingo, as defined in this Section, applies exclusively to this Chapter and shall not be applied in the construction or enforcement of any other provision of law or ordinance.

(Ord. No. 5190, § 1, 9-13-2011)

Bingo games shall be allowed in the unincorporated area of the County pursuant to the terms of this Chapter.

(Ord. No. 5190, § 1, 9-13-2011)

A. No bingo game shall be conducted except pursuant to a license issued by the Board of Supervisors.

B. Applications for such license shall be made upon forms supplied by the Clerk of the Board, and shall be filed with the Clerk accompanied by an application fee of fifty dollars ($50.00). The license, if issued, shall be for the period of twelve (12) months.

C. If the Board of Supervisors finds that the applicant does not qualify under the terms of this Chapter, or that the conducting of bingo games at the particular location stated in the application will violate some other ordinance of the County, the Board shall deny the application and, in such event, one-half (½) of any application fee paid shall be refunded to the organization.

(Ord. No. 5190, § 1, 9-13-2011)

Any license issued under this Chapter may be revoked by the Board of Supervisors during the life of such license for any violation by the licensee of any of the provisions of this Chapter after hearing, upon ten (10) days notice to the licensee.

(Ord. No. 5190, § 1, 9-13-2011)

Bingo games shall be conducted only by organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701w, and 23701 of the Revenue and Taxation Code and by mobile home park associations, senior citizens organizations, and charitable organizations affiliated with a school district; and provided further, that the receipts of those games are used only for charitable purposes.

(Ord. No. 5190, § 1, 9-13-2011)

An organization authorized to conduct bingo games pursuant to Section 7.08.050 shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by that organization for an office or for performance of the purposes for which the organization is organized. Nothing in this Section 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.

(Ord. No. 5190, § 1, 9-13-2011)

A. 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.

B. 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. Proceeds are the receipts of bingo games conducted by organizations not within Subsection A of this Section. Those proceeds shall be used only for charitable purposes, except as follows:

1. Such proceeds may be used for prizes;

2. A portion of the 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 and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

3. The proceeds may be used to pay license fees.

(Ord. No. 5190, § 1, 9-13-2011)

No individual, corporation, partnership, or other legal entity, except the organization authorized by license to conduct a bingo game, shall hold a financial interest in the conduct of such bingo games.

(Ord. No. 5190, § 1, 9-13-2011)

No person shall receive or pay a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution and this Chapter. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games, as provided in Section 7.08.070.

(Ord. No. 5190, § 1, 9-13-2011)

A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Those members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo games shall operate such a game, or participate in the promotion, supervision, or any other phase of a bingo game. This Section does not preclude the employment of security personnel who are not members of the authorized organization at a bingo game by the organization conducting the game.

(Ord. No. 5190, § 1, 9-13-2011)

The total value of prizes available to be 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. 5190, § 1, 9-13-2011)

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

(Ord. No. 5190, § 1, 9-13-2011)

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

(Ord. No. 5190, § 1, 9-13-2011)

A. Players who are physically present at a bingo game may use hand-held, portable card-minding devices, as described in subdivision (p) of Section 326.5 of the Penal Code, to assist in monitoring the numbers or symbols announced by a live caller as those numbers or symbols are called in a live game. Card-minding devices may not be used in connection with any game where a bingo card may be sold or distributed after the start of the ball draw for that game. A card-minding device shall do all of the following:

1. Be capable of storing in the memory of the device bingo faces of tangible cards purchased by a player.

2. Provide a means for bingo players to input manually each individual number or symbol announced by a live caller.

3. Compare the numbers or symbols entered by the player to the bingo faces previously stored in the memory of the device.

4. Identify winning bingo patterns that exist on the stored bingo faces.

B. A card-minding device shall perform no functions involving the play of the game other than those described in Subparagraph A of this Section. Card-minding devices shall not do any of the following:

1. Be capable of accepting or dispensing any coins, currency, or other representative of value or on which value has been encoded.

2. Be capable of monitoring any bingo card face other than the faces of the tangible bingo card or cards purchased by the player for that game.

3. Display or represent the game result through any means, including, but not limited to, video or mechanical reels or other slot machine or casino game themes, other than highlighting the winning numbers or symbols marked or covered on the tangible bingo cards or giving an audio alert that the player's card has a prize-winning pattern.

4. Determine the outcome of any game or be physically or electronically connected to any component that determines the outcome of a game or to any other bingo equipment, including, but not limited to, the ball call station, or to any other card-minding device. No other player-operated or player-activated electronic or electromechanical device or equipment is permitted to be used in connection with a bingo game.

C. A card-minding device shall be approved in advance by the California Gambling Control Commission as meeting the requirements of this Section and any additional requirements stated in regulations adopted by the Commission. Any proposed material change to the device, including any change to the software used by the device, shall be submitted to the Commission and approved by the Commission prior to the implementation.

D. A person or entity that supplies or services any card-minding device shall meet all licensing requirements established by the California Gambling Control Commission in regulations.

(Ord. No. 5190, § 1, 9-13-2011)

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

(Ord. No. 5190, § 1, 9-13-2011)

Any bingo game conducted or operated in violation of the terms and provisions of this Chapter, and any participation in a bingo game conducted or operated in violation of the provisions of this Chapter, are unlawful and a public nuisance, and the County Counsel shall, upon order or direction of the Board of Supervisors and in the manner provided by law, immediately commence an action or proceeding to abate or enjoin such game or participation.

(Ord. No. 5190, § 1, 9-13-2011)

A violation of Section 7.08.090 shall be punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the County.

(Ord. No. 5190, § 1, 9-13-2011)