National City Municipal Code Ch. 10.27 Bingo

This chapter is renumbered from Chapter 6.42 and thereby readopted and recodified into Title 10 as Chapter 10.27 pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions in this chapter.

(Ord. 2204 § 3 (part), 2002)

Whenever the following terms are used in this chapter, they shall have the meanings respectively ascribed to them in this section.

A. "Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card that conform to numbers or symbols selected at random.

B. "Eligible organization" means an organization 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(1) of the Revenue and Taxation Code and mobile home park associations and senior citizens organizations.

C. "Minor" means any person under the age of eighteen years.

(Ord. 2204 § 3 (part), 2002)

It is unlawful for any person to conduct any bingo game in the city unless such person is both a member of, and acting on behalf of, an eligible organization, as described in subsection B of Section 10.27.020, and has been issued a license as provided by this chapter.

(Ord. 2204 § 3 (part), 2002)

Application for license shall be made to the city finance officer on prescribed forms, and filed not less than ten days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at least the following:

A. A list of all members who will operate the bingo game, including full names of each member, date of birth, place of birth, physical description and driver's license number;

B. The date(s) and place(s) of the proposed bingo game or games;

C. Proof that the organization is an eligible organization, as defined by this chapter, and;

D. Certification that the proceeds from the game(s) will only be used for charitable purposes.

(Ord. 2204 § 3 (part), 2002)

The fee for an annual bingo license and each annual renewal shall be fifty dollars. The appropriate fee shall accompany the submission of each application. If an application for a license is denied, one-half of any license fee paid shall be refunded to the applicant.

(Ord. 2204 § 3 (part), 2002)

Upon receipt of an application for a license, the city finance officer is responsible for routing copies of such application to any appropriate office necessary to carry out a proper investigation of the applicant.

The chief of police and every other officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant, and may examine the premises to be used for the bingo game.

Upon approval of any application for a bingo license, the city finance officer shall issue the license.

(Ord. 2204 § 3 (part), 2002)

Each license issued hereunder shall be issued to a specific person on behalf of a specific eligible organization to conduct a bingo game at a specific location and shall not be transferable from one person to another nor from one location to another.

(Ord. 2204 § 3 (part), 2002)

An applicant shall prove that the organization is an eligible organization. An eligible organization shall conduct a bingo game only on property owned or leased by it, 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 subdivision shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. Proceeds from the game(s) shall only be used for charitable purposes.

(Ord. 2204 § 3 (part), 2002)

Any peace officer of the city shall have free access to inspect any bingo game licensed under this chapter. The licensee shall have the bingo license and the lists of approved staff available for inspection at all times during any bingo game.

(Ord. 2204 § 3 (part), 2002)

The city finance officer may deny an application, or may suspend or revoke an issued permit if the licensee has:

A. Knowingly made a false, misleading or fraudulent statement of a material fact in connection with the application; or

B. Violated any of the provisions of this Chapter 10.27.

The city finance officer shall issue a written notice of decision to the licensee or applicant within five business days following the action. Notice is effective when personally delivered or mailed to the address shown on the application or license.

(Ord. 2204 § 3 (part), 2002)

Appeals from action taken by the finance officer under Section 10.27.100 and the procedures on appeal shall conform to the provisions of Section 10.70.060

(Ord. 2204 § 3 (part), 2002)

A. It is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter.

B. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter is guilty of an infraction and, upon conviction thereof, shall be punishable as set forth in Section 1.20.010.

C. All sanctions provided in this chapter shall be cumulative with and not exclusive of any civil or administrative remedy or penalty.

(Ord. 2204 § 3 (part), 2002)