Monterey Municipal Code Art. 4 Bingo

Bingo games shall be allowed in the City of Monterey pursuant to the terms of this Article. (Ord. 2094 § 1, 1976)

Bingo games shall be only for the benefit of organizations exempted from the payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954. (Ord. 2094 § 2, 1976)

No person shall receive a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution and this Article. (Ord. 2094 § 3, 1976)

No minor shall be allowed to participate in any bingo game. (Ord. 2094 § 4, 1976)

A nonprofit, charitable organization shall conduct a bingo game only on property owned or leased by it, and for which a permit to conduct such games has been obtained from the Zoning Administrator of the City of Monterey. Upon application for such a permit, the Zoning Administrator shall circulate the application to any and all appropriate City departments for comments and shall hold a public hearing upon the application in the same manner as is required for issuance of other permits by the Zoning Administrator pursuant to the Zoning Ordinance. The Zoning Administrator may approve the permit with or without conditions or may deny the application. Appeals from the decision may be taken in the manner prescribed by the Zoning Ordinance. The Planning Director shall have the authority to set a reasonable fee for the issuance of such permits sufficient to cover all costs involved in the issuance thereof. This permit shall be in addition to that required pursuant to Section 5-31. (Ord. 2263 § 1, 1978; Ord. 2094 § 5, 1976)

All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization. (Ord. 2094 § 6, 1976)

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. 2094 § 7, 1976)

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 game. (Ord. 2094 § 8, 1976)

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. (Ord. 2094 § 9, 1976)

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. 2094 § 10, 1976)

The total value of prizes awarded during the conduct of any bingo games shall not exceed $250 in cash or kind, or both, for each separate game which is held. (Ord. 2094 § 11, 1976)

As used in this Article, “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 which are selected at random at the time of the game. (Ord. 2094 § 12, 1976)

Any organization wishing to conduct bingo games shall first secure a permit from the Finance Director which shall be issued in accordance with this section.

a. Issuance, Fees, Reports.

1.Permits shall be valid for one year beginning July 1 and ending June 30 of each year unless revoked by the City.

2.A fee of $25 shall be charged for each permit to cover the cost of issuance and review of the documents and information required. There shall be no proration of said fee if issued after July 1.

3.Prior to the issuance of any permit, the permittee shall submit written evidence satisfactory to the Finance Director that the organization is qualified under the requirements of Section 5-20. If said documents are amended or revoked during the term of the permit, the permittee shall immediately notify the Finance Director in writing.

4.On or before August 1 of each year, the permittee shall file with the Finance Director a report certified by a certified public accountant (CPA) or a public accountant (PA) showing the income, disbursements, and such other information as may be required by the Finance Director to show compliance with Sections 5-25, 5-27 and 5-29. The report shall cover the twelve months preceding June 30. The Finance Director may establish a different annual reporting date to coincide with the fiscal year of the reporting organization.

b. Revocation.

1.If the permittee loses its exempt status during the term of the permit, the permit shall be immediately and automatically revoked. The permit may be reinstated without fee by the submission of the documents required for issuance.

2.The permit of any organization which fails to submit the required reports shall be immediately and automatically revoked. Said permit may be reinstated without additional fee upon the filing of the required report.

3.The City Manager may revoke the permit of any organization that he finds has violated any of the terms, conditions or regulations imposed by this Article or State law. The City Manager shall notify the permittee in writing of said revocation and the grounds thereof. Said revocation shall become effective ten days after depositing said notice in the U.S. Mail, postage prepaid, addressed to the organization at the address set forth on the permit.

4.The permittee may appeal the notice by requesting a hearing before the City Manager in writing before the effective date of the notice. The City Manager shall hold an informal hearing not less than five days nor more than thirty days after receiving said request for hearing. The City Manager shall give not less than three days’ notice of the time and place of the hearing.

5.At the hearing, the City Manager may consider such documentary or unsworn oral testimony as the permittee wishes to submit. He may also consider the fact of a conviction for violation of this Article. Upon consideration of the information submitted, the City Manager may uphold or withdraw the revocation, or may make reasonable rules for the conduct of the bingo games held by the permittee to avoid future violations. The City Manager shall notify the permittee in writing of his decision and file a copy of said decision with the Finance Department. The decision shall become final unless appealed to the City Council within ten days of the written determination of the City Manager.

6.The decision of the City Manager may be appealed to the City Council in the same form and manner as are set forth for appeals from the decisions of the Planning Commission.

7.A permittee may continue to conduct bingo games until the final determination is made on the appeal. (Ord. 3472 § 4, 2012; Ord. 2094 § 13, 1976)

It shall be a misdemeanor for any person to violate the terms of this Article. Conviction of a violation of Section 5-21 shall be punishable by a fine not to exceed the sum of $10,000. Conviction of a violation of any other Section of this Article shall be punishable by imprisonment in the County jail for a period not to exceed six months, or by a fine not to exceed $500, or by both such fine and imprisonment. (Ord. 2094 § 14, 1976)

Any bingo game played at the new Monterey Neighborhood Center as part of the program for senior citizens sponsored and conducted by the City of Monterey shall be permitted without permit and shall not be required to comply with Sections 5-20 and 5-23. Said games shall be conducted in accordance with all other sections of this Article. All monies collected during any series of games played on a single calendar day shall be returned to the participants in the form of prizes. This exemption shall also apply to any recognized, senior citizens club which has used the New Monterey Neighborhood Center during the twelve months preceding the effective date of the ordinance codified in this Article for the playing of bingo. No other group shall be permitted to hold bingo games at said facility. (Ord. 2094 § 15, 1976)