Morro Bay Municipal Code Ch. 9.12 Bingo Games

The following terms shall have the following meanings when used in this chapter:

A. "Bingo" 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.

B. "Collector" means any city officer charged with the administration of this chapter.

C. "Eligible organizations" means those corporations, community chests or trusts, organized and operated exclusively for religious, charitable, scientific, literary or educational purposes or for the prevention of cruelty to children or animals exempted from the payment of the bank or corporation tax by Section 23701(d) of the California Revenue and Taxation Code and a contribution or gift to which is a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954.

(Ord. 150 § 1 (part), 1976)

It is unlawful for any person, individual, partnership, corporation, trust or community chest to hold, operate, maintain, conduct or to knowingly allow to be held, operated, maintained or conducted upon his, her or its property a bingo game or games, as defined in this chapter, in the incorporated area of the city, unless it shall first obtain in the manner and pursuant to the conditions prescribed in this chapter, a license from the city to operate, maintain or conduct such bingo game or games. Said license shall be issued only to eligible organizations as defined under Section 9.12.010.

(Ord. 150 § 1 (part), 1976)

Eligible organizations desiring to obtain a license to conduct bingo games in the city shall file an application in writing on a form to be provided by the city. Said application shall be signed under penalty of perjury by at least two officers, including the presiding officer, of the corporation, community chest, or otherwise eligible organization and the trustee of any trust. The license issued shall be for a term of one year from date of issuance subject to renewal and annual fee.

(Ord. 150 § 1 (part), 1976)

An organization which establishes that it is a charitable corporation and that a contribution or gift to it would be a deductible, charitable contribution, may apply to the city for a permit to conduct bingo games within the city limits in accordance with Penal Code Section 326.5.

(Ord. 150 § 1 (part), 1976)

Said application for license shall contain the following:

A. A name and address of the applicant organization;

B. A statement by the applicant that it is an eligible organization as defined in Section 19.12.010;

C. A copy of the letter of exemption from the California Franchise Tax Board indicating that the applicant is an exempt organization under Section 23701(d) of the California Revenue and Taxation Code;

D. A copy of the letter from the Internal Revenue Service indicating that the applicant is a corporation trust or community chest to which a contribution or gift would constitute a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954;

E. The exact location, including description and street address of the property to be used by the applicant for conducting the bingo game;

F. A statement by the applicant that the property described in subsection E is owned by the applicant or is leased by the applicant and that said property is used by the applicant for the office or for the performance of the purposes for which the applicant is organized;

G. The proposed days of the week and hours of the day during which bingo games will be conducted;

H. A statement that the applicant agrees to conduct said bingo games in strict compliance with the provisions of Section 326.5 of the California Penal Code and this chapter as they may be amended from time to time and agrees that the license to conduct bingo games may be revoked by the city upon violation of any such provisions;

I. The annual license fee as listed on the Master Fee Schedule shall accompany the application.

(Ord. 225 § 40, 1982; Ord. 150 § 1 (part), 1976)

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city, a license shall be issued to said applicant which shall contain the following information:

A. The name and nature of the organization to whom the license is issued;

B. The address where bingo games are authorized to be conducted;

C. The occupancy capacity of the room in which the bingo games are to be conducted;

D. The date of the expiration of said license;

E. Such other information as may be deemed necessary or desirable for enforcement of the provisions of this chapter.

(Ord. 150 § 1 (part), 1976)

The applicant and/or licensee shall notify the city in writing of any change in the facts set forth in the application and accompanying documents within five days after such change.

(Ord. 150 § 1 (part), 1976)

A. Whenever it appears to the collector or his authorized representative that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the collector may summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game. Said suspension shall be effective upon service in the manner prescribed upon the licensee of the suspension order described in subsection C. Said suspension order shall be served by posting a copy of said order at the address described in the license at the location designated for conducting the said bingo games and by depositing a copy of said suspension order in the United States Mail, directed to the licensee at the address given in the application.

B. Any person who continues to conduct a bingo game after any summary suspension thereof, under subsection A of this section, is guilty of a misdemeanor/infraction and upon conviction punishable as set forth in Title 1 of this code.

C. The order issued under subsection A shall also notify the licensee of the grounds for said suspension and shall inform the licensee that it shall have fourteen days from the date of service of such order to request a hearing before the city council to determine whether such license shall be revoked. Failure to request, in writing, such hearing within said fourteen days, shall result in a revocation of the license. Upon said revocation, the licensee shall be notified of such fact by depositing in the United States Mail a notice directed to said licensee at the address given in the application.

D. Any licensee whose license is suspended or revoked pursuant to subsections A, B, and C hereof shall have the right, within fourteen days after service of said suspension order or revocation order, to file with the city clerk a written request for hearing by the city council. Such request shall state the specific ground or grounds upon which the licensee contends said license should not be revoked.

The city council shall hold a hearing regarding the possible revocation of said bingo license within thirty days after receipt by the city clerk of said request for hearing, or at a time thereafter agreed upon, and shall cause the appellant to be given at least ten days' written notice of such hearing. At the hearing, the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of this appeal. All such testimony, whether written or oral, shall be given under penalty of perjury. The determination of the city council on the appeal shall be final. At the conclusion of the hearing, the city council shall make findings supporting its decision whether the license should be revoked.

E. Any organization whose license is revoked pursuant to subsection C hereof shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to set aside said revocation.

(Ord. 311 Exh. A (part), 1987; Ord. 150 § 1 (part), 1976)

Any organization whose license is finally revoked pursuant to this chapter may not again apply for a license to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701(d) of the Revenue and Taxation Code or its charitable organization status under Section 170(c)(2) of the Internal Revenue Code of 1954, such organization may again apply for license upon proof of reinstatement of said exemption.

(Ord. 150 § 1 (part), 1976)

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.

(Ord. 150 § 1 (part), 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. The licensee shall keep full and accurate record of the income and expenses received or dispersed in connection with its operation, conduct, promotion, supervision and any other phase of the bingo games which are authorized by this chapter. The city, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and the licensee shall fully cooperate with the city by making such record available.

(Ord. 150 § 1 (part), 1976)

No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game.

(Ord. 150 § 1 (part), 1976)

A 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 licensee shall operate such game or participate in the promotion, supervision or any other phase of such game.

(Ord. 150 § 1 (part), 1976)

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

(Ord. 150 § 1 (part), 1976)

Notwithstanding that bingo games are 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 building official in accordance with the applicable laws and regulations. The licensee shall not reserve seats or space for any person.

(Ord. 150 § 1 (part), 1976)

A licensee shall conduct a bingo game only on property owned, leased or rented by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated on the application. In the event the described property ceases to be owned or leased by the licensee, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.

(Ord. 150 § 1 (part), 1976)

No person under the age of eighteen years of age shall be allowed to participate in any bingo game.

(Ord. 150 § 1 (part), 1976)

No licensee shall conduct any bingo game more than six hours out of any twenty-four-hour period. No bingo game shall be conducted before ten a.m. nor after two a.m. of any day.

(Ord. 150 § 1 (part), 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. 150 § 1 (part), 1976)

It is a misdemeanor under Section 326.5(b) of the Penal Code of the state of California for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars.

(Ord. 150 § 1 (part), 1976)