Napa County Municipal Code Ch. 5.08 Bingo Games

As used in this chapter, "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. Notwithstanding Section 330c of the California Penal Code, the game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any persons participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance."

(Ord. 912 § 15 (part), 1989: prior code § 8275)

The ordinance codified in this chapter is enacted pursuant to the authority of Article IV, Section 19(c) of the California Constitution, and Section 326.5 of the California Penal Code.

(Ord. 912 § 15 (part), 1989: prior code § 8278)

Subject to the limitations described in this chapter, bingo games may be played for charitable purposes in the unincorporated areas of the county.

(Ord. 912 § 15 (part), 1989: prior code § 8276)

Bingo games may be conducted only by mobilehome park associations and senior citizens organizations, and by organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701l of the California Revenue and Taxation Code, provided that the receipts of such games are used only for charitable purposes.

(Ord. 912 § 15 (part), 1989; prior code § 8277 (a))

An organization authorized to conduct bingo games pursuant to Section 5.08.040 shall conduct a bingo game only on property owned or leased by it, or property which use is donated to the organization, and which property is used by such 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 such organization.

(Ord. 912 § 15 (part) 1989: prior code § 8277 (c))

A bingo game shall be operated and staffed only by members of the 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. This section does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the game.

(Ord. 912 § 15 (part), 1989: prior code § 8277 (e))

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

(Ord. 912 § 15 (part), 1989: prior code § 8277 (f))

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 identified in subsection (A) of this section. Such proceeds shall be used only for charitable purposes, except as follows:

1. Such proceeds may be used for prizes;

2. A portion of such proceeds, not to exceed twenty percent of the proceeds before the deduction for prizes, or one thousand dollars per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel;

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

(Ord. 912 § 15 (part), 1989: prior code § 8277 (g), (h))

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

(Ord. 912 § 15 (part), 1989: prior code § 8277 (d))

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

(Ord. 912 § 15 (part), 1989: prior code § 8277 (j))

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. 912 § 15 (part), 1989: prior code § 8277 (i))

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

(Ord. 912 § 15 (part), 1989: prior code § 8277 (b))

A. It is a misdemeanor for any person to receive or pay a profit, wage or salary from any bingo game authorized by this chapter; provided, however, that security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games as provided in Section 5.08.060 and subsection (B) of Section 5.08.080 of this chapter.

B. A violation of subsection (A) of this section shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the county general fund. A violation of any other provision of this chapter is a misdemeanor.

(Ord. 912 § 15 (part), 1989: prior code § 8279))