Moorpark Municipal Code Ch. 5.24 Bingo Game Permit

Note: Prior ordinance history: Ord. 61.

"Bingo game"

means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random. Bingo game includes cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes.

"Pulltab game"

means a game played with pulltab tickets. The pulltab tickets are multi-layered paper tickets containing symbols hidden behind perforated tabs. Each ticket has two sides. One side lists the winning combinations of symbols, the cash payout for each combination, the number of tickets that contain each winning combination, and the total number of tickets in the game. The other side of the ticket contains the perforated tabs. After purchasing the ticket, the player pulls the perforated tabs to reveal their winnings, if any.

(Ord. 366 § 1 Exh. B, 2007)

An application for a bingo game permit must be filed with the community development department. Upon determining the application to be complete, it shall be transmitted to the police chief for review and clearance of the permit for a bingo game, pursuant to Section 326.5 of the Penal Code of the state, for the period through June 30th of any given year. The permit must be issued by the community development director if the permit is cleared by the police chief, and the applicant complies with the conditions of Section 5.24.050.

(Ord. 366 § 1 Exh. B, 2007)

A. A permit may only be granted to organizations exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), and 23701(l) of the Revenue and Taxation Code of the state, mobilehome park associations and senior citizen organizations.

B. The organization shall conduct a bingo game only on property which is:

1. Owned or leased by it; and

2. Used by such organization for an office or for the performance of the purposes for which the organization is organized.

(Ord. 366 § 1 Exh. B, 2007)

Upon the receipt of a valid and complete application for a bingo game permit, the community development department must process the application. The community development director shall notify the applicant of the approval or denial of the application within 30 calendar days after the receipt of a complete application. The application shall be filed on city approved forms and shall include, but not be limited to, the following:

A. The organization's name and address; and

B. Proof of its exempt status as shown by a determination issued by the Franchise Tax Board of the state pursuant to the Revenue and Taxation Code of the state, or proof of status as a mobilehome park association or senior citizen organization; and

C. Proof of the applicant's authority to file the application on behalf of the organization; and

D. Estimated number of players.

(Ord. 366 § 1 Exh. B, 2007)

The following conditions must apply to all permits or renewals:

A. Only the organization authorized to conduct a bingo game shall operate, promote, supervise or hold a financial interest in the conduct of the bingo game.

B. A bingo game must be operated and staffed only by members of the organization authorized to conduct a bingo game. Those individuals may not receive a profit, wage or salary from the bingo game.

C. A bingo game is open to all members of the public, who are physically present. Minors cannot attend.

D. All proceeds derived from the conduct of bingo games shall be used only for charitable purposes, kept in a special fund or account and shall not be commingled with any other fund or account; provided, however, a portion of such proceeds may be used for:

1. Prizes awarded during the conduct of a bingo game, which prizes shall not exceed $250 in cash or kind, or both, for each separate game; and

2. Payment for the rental of property, overhead and administrative expenses, all of which shall not exceed 10% of the proceeds after deductions for prizes, or $500 per month, whichever is less.

E. The organization shall keep a current and running record available for inspection by the community development director at his or her request indicating:

1. The amount in the special fund account as required in Section 5.24.050(D); and

2. The dates any bingo games were played; and

3. The number of bingo games played for each date; and

4. The number of players for each date; and

5. The amount of fees or moneys collected for each date; and

6. The total prizes awarded for each date.

F. The pulltab game may be played only currently with, and at the same time, date and premises, as the bingo game. Pulltab cards may be purchased only from persons and not from machines.

G. The winning bingo cards must not be known prior to the game by any person participating in the playing or operation of the bingo game.

H. All preprinted cards, including pulltab cards, must bear the legend "for sale or use in a bingo game authorized under California law and local ordinance."

(Ord. 366 § 1 Exh. B, 2007)

The decision of the community development director to approve or deny a permit is final unless appealed to the city manager or his or her designee within 10 calendar days of the written decision of the community development director. The appeal shall be filed with the city clerk's office and accompanied by the appeal fee established by city council resolution. The appeal process shall be in accordance with Section 5.64.120.

(Ord. 366 § 1 Exh. B, 2007)

Pursuant to the procedures outlined in Section 5.64.110 the community development director may suspend, modify or revoke any bingo game permit on the ground that the conditions of the permit have not been met.

(Ord. 366 § 1 Exh. B, 2007)