Newark Municipal Code Ch. 5.12 Bingo Games

The provisions of this chapter, relating to bingo games for charity, are enacted under Section 19 of Article IV of the State Constitution and the implementing provisions of Section 326.5 of the California State Penal Code.

(Ord. 141 § 1, 1976)

Whenever in this chapter the following terms are used, 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 that are marked or covered by the player on a tangible card in the player's possession and that conform to numbers or symbols, selected at random and announced by a live caller. The game of bingo includes tangible cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. Electronics or video displays shall not be used in connection with the game of bingo, except in connection with the caller's drawing of numbers or symbols and the public display of that drawing, and except as provided for the use of hand-held, portable card-minding devices as described in California Penal Code Section 632.5 (p). The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All preprinted cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." Only a covered or marked tangible card possessed by a player and presented to an attendant may be used to claim a prize.

B. "Newark-based, charitable 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) or 23701(l) of the Revenue and Taxation Code, or a mobile home park association, or a senior citizens organization, and to which a Newark address is filed and appears in the certificates of proof from the California Franchise Tax Board or school district.

(Ord. 141.3 § 1, 1981; Ord. 141.2 § 1, 1980: Ord. 141 § 2, 1976)

(Ord. No. 437, §§ 1, 2, 11-12-2009)

Newark-based, charitable organizations are eligible to apply to the city for a permit to conduct bingo games in the city, in a manner permitted by the provisions of Section 326.5 of the Penal Code and this chapter.

(Ord. 141.3 § 2, 1981: Ord. 141 § 3, 1976)

Eligible organizations desiring to obtain a permit to conduct bingo games in the city shall file an application in writing therefor with the office of the city clerk upon forms to be provided by the city clerk's office. Applicants shall also file with said office certificates of the California Franchise Tax Board that will show that the organization is currently exempted from payment of the Bank and Corporation Tax by Sections 23701(a), 23701(b), 23701(d), 23701(f), 23701(g) or 23701(l) of the Revenue and Taxation Code, or a mobile home park association, or a senior citizens organization.

(Ord. 141.3 § 3, 1981: Ord. 141 § 4, 1975)

The permit fee to conduct bingo for charity shall be established by resolution of the city council.

(Ord. 141 § 5, 1976)

No permit shall be issued to any organization unless such applicant is a Newark-based, nonprofit, charitable organization as defined by Section 5.12.020 B, and its application conforms to the requirements, terms and conditions of this chapter.

(Ord. 141 § 6, 1976)

Said application for a permit shall contain the following:

A. The name of the applicant organization and a statement that applicant is a Newark-based, nonprofit, charitable organization as defined by Section 5.12.020B.

B. The name and signature of at least two officers, including the presiding officer of the organization;

C. The particular property within the city, including the street number, owned or leased by the applicant, used by such applicant for the performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place;

D. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the State Penal Code and this chapter, as it may be amended from time to time, and agrees that the permit to conduct bingo games for charity may be summarily suspended by the chief of police upon violation of any of such provisions;

E. The application shall be signed by the applicant under penalty of perjury;

F. The permit fee, as fixed by the city council by resolution, shall accompany the application.

(Ord. 141 § 7, 1976)

(Ord. No. 437, § 3, 11-12-2009)

Upon receipt of the completed application and the fee, the city clerk's office shall refer such application to the building inspection division, the fire department, and the police department, to determine whether or not the property designated by the applicant qualifies and the extent to which it qualifies, as property on which bingo games may be lawful conducted, as to zoning, occupancy, fire, and other applicable restrictions.

(Ord. 141 § 8, 1976)

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games for charity in the city, the city clerk's office shall issue a permit to said applicant, which shall contain the following information:

A. The name of the organization to whom the permit is issued;

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

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

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

(Ord. 141 § 9, 1976)

A. Whenever it appears to the chief of police or his representative that the permittee is conducting a bingo game in violation of any of the provisions of this chapter, the chief of police or his representative shall have the authority to summarily suspend the permit for the day in question and order the permittee to cease and desist any further operation of any bingo game for charity on said day.

B. Any person who continues to conduct a bingo game for charity after any summary suspension thereof under subsection A of this section shall be deemed guilty of a misdemeanor.

(Ord. 141.1 § 2, 1979; Ord. 141 § 21, 1976)

Any peace officer of the city shall have free access to any bingo game for charity authorized under this chapter. The permittee shall have the bingo permit available for inspection at all times during any bingo game. It is unlawful for any person to interfere, block doorways, or otherwise impede the efforts of a peace officer to make such inspections.

(Ord. 141 § 10, 1976)

The total value of prizes awarded during the conduct of any bingo games for charity shall not exceed five hundred dollars ($500) in cash or kind, or both, for each separate game which is held.

(Ord. 141 § 11, 1976)

(Ord. No. 437, § 4, 11-12-2009)

All profits or 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. Such profits or proceeds shall be used only for charitable purposes in accordance with the provisions of Section 326.5(j) of the Penal Code.

(Ord. 141.3 § 4, 1981: Ord. 141 § 12, 1976)

No individual corporation, partnership, or other legal entity except the permittee shall hold a financial interest in the conduct of such bingo games for charity.

(Ord. 141 § 13, 1976)

A bingo game shall be operated and staffed only by members of the permittee organization. Such members shall not receive a profit, wage, or salary from any bingo game for charity. Only the permittee shall operate such game, or participate in the promotion, supervision or any other phase of such game.

(Ord. 141 § 14, 1976)

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

(Ord. 141 § 15, 1976)

Notwithstanding that bingo games for charity are open to the public, attendance at any bingo games shall be limited to the occupancy capacity of the place in which such game is conducted as determined by the fire department and the building inspection division of the city in accordance with applicable laws and regulations. The permittee shall not reserve seats or space for any person.

(Ord. 141 § 16, 1976)

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

(Ord. 141 § 17, 1976)

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

(Ord. 141.1 § 1, 1979: Ord. 141 § 18, 1976)

No alcoholic beverages shall be consumed, sold or given away, served or delivered to any person within the place where any bingo games are being conducted.

(Ord. 141.3 § 5, 1981)

No person shall be allowed to participate in a bingo game for charity unless the person is physically present at the time and place in which the bingo game for charity is being conducted.

(Ord. 141 § 19, 1976)

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

(Ord. 141 § 20, 1976)

Violation of any provision of this chapter shall constitute an infraction, except as otherwise provided in this chapter. In the event that the person who has committed the infraction is under eighteen years of age, such person may receive a notice to appear before a hearing officer of the Alameda county juvenile probation department in connection with the infraction.

(Ord. 141.1 § 3, 1979: Ord. 141 § 22, 1976)