Chapter 5.10 — BINGO

Editor's note— Ord. No. 12967, § 4, adopted July 28, 2009, amended Chapter 5.10 in its entirety. Formerly, Chapter 5.10, §§ 5.10.010—5.10.370 pertained to similar subject matter, and derived from the prior code, §§ 3-17.01—3-17.29; Ord. No. 12117, § 1, adopted 1999, and Ord. No. 12469, § 1, adopted 2006.

Notwithstanding any other provision of this Code, bingo games are allowed pursuant to and as restricted by Section 19(c) of Article IV of the California Constitution, California Penal Code Section 326.5 (including future amendments thereto), and the provisions of this Chapter.

(Ord. No. 12967, § 4, 7-28-2009)

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 Penal Code Section 330c, as used in this Section 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 person 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."

"Bingo game operator" means an organization that meets the criteria specified in Section 5.10.070 and that conducts bingo games with a valid permit.

"Bingo hall operator" means an individual, corporation, partnership or legal entity that has obtained a bingo hall permit and that provides facilities and other services to bingo game operators for a fee.

(Ord. No. 12967, § 4, 7-28-2009)

The provisions of Penal Code Section 326.5 (including future amendments) are incorporated herein by reference.

(Ord. No. 12967, § 4, 7-28-2009)

No organization, individual, or other entity shall conduct a bingo game without a valid bingo game operator permit as provided for by this Chapter. No individual, corporation, partnership or legal entity shall operate a bingo hall if such bingo hall operator is a separate entity from the charitable bingo game operator without a valid bingo hall operator permit from the City Administrator.

(Ord. No. 12967, § 4, 7-28-2009)

A copy of the bingo game operator permit shall be posted at the location of the bingo games.

(Ord. No. 12967, § 4, 7-28-2009)

The rules for the bingo games conducted by a bingo game operator shall be posted in a conspicuous place at the location of the bingo games. A copy of the rules shall be filed with the City Administrator along with the permit application, and any amendment to the rules shall be filed with the City Administrator within 30 days after the amendment becomes effective.

(Ord. No. 12967, § 4, 7-28-2009)

Pursuant to Section 19(c) of Article IV of the California Constitution, California Penal Code Section 326.5 and the provisions of this Chapter, no individual, corporation, partnership or legal entity shall be permitted to conduct a bingo game except organizations exempt from the payment of the Bank and Corporation Tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701l of the Revenue and Taxation Code and mobile home park associations and senior citizen organizations; provided that the receipts of such games are used only for charitable purposes.

(Ord. No. 12967, § 4, 7-28-2009)

Eligible organizations desiring to obtain a permit to conduct bingo games or operate bingo halls in the City shall file an application in writing therefor with the City Administrator upon forms to be provided by the City Administrator.

A.

Applicants who are nonprofit, charitable organizations, as defined in Section 5.10.070, shall also file with said department, copies of certificates or letters of determination from the State Franchise Board and the United States Internal Revenue Service, respectively, demonstrating that the organization is exempt from the payment of the Bank and Corporation Tax under Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701l of the State Revenue and Taxation Code, and that a contribution or gift to the organization would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code.

B.

Senior citizen organizations and mobile home parks must submit a copy of their charters, constitutions, articles of incorporation or bylaws in order to verify the organization's purpose.

C.

All applications for renewal shall be filed with the City Administrator prior to the expiration date of the existing permit.

(Ord. No. 12967, § 4, 7-28-2009)

A.

The City Administrator may refuse to issue a bingo permit or may suspend or revoke an existing permit, pursuant to Chapter 5.02, for any of the following reasons:

Operation of the bingo game would not be in compliance with state or federal law, or with the provisions of this Chapter;

Operation of the bingo game would constitute a fire, health or safety hazard, or would not be in compliance with building or zoning regulations, requirements and ordinances;

That any officer of the bingo game or bingo hall applicant's organization or person operating in a bingo game has been convicted within the past five years of a crime involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude;

That there has been a willful misstatement of fact in an application or report filed hereunder;

That there has been a negligent failure to file any report required hereunder;

That there has been any other violation of any provision of this Chapter;

The annual permit fee and/or the monthly law enforcement and public safety fee has not been paid within 30 days of its due date;

The bingo hall operator provides and/or the bingo game operator utilizes electronic bingo machines that have been determined to be illegal in the State of California.

B.

The City Administrator may conditionally approve the issuance of a permit for a term of six months to any applicant whose prior permit was suspended and/or revoked as provided for in this Chapter or for any other violations of Subsection A. of this Section.

(Ord. No. 12967, § 4, 7-28-2009)

There shall be no appeal from the denial or conditional issuance of permits as the decision of the City Administrator or his or her designee is final.

(Ord. No. 12967, § 4, 7-28-2009)

All permits issued shall be for a term of one year from January 1st until December 31st of the same year, or for such shorter term as the City Administrator may deem necessary, subject to renewal and annual fees. All fees shall be fixed by the City Council. The initial and annual fee for a bingo hall permit is specified in the Master Fee Schedule. It shall include, in addition to any administrative and audit costs incurred by the City for the permitting of bingo halls, the costs for law enforcement and public safety attributable to the presence of bingo halls.

Nothing in this Section shall be construed to require any refund of license fees paid in the event a bingo permit is revoked pursuant to the provisions of this Chapter.

(Ord. No. 12967, § 4, 7-28-2009)

Bingo game operators with monthly gross proceeds in excess of $10,000.00 shall pay a monthly fee to offset the City's costs of law enforcement and maintenance of public safety. The fee shall be due the 10th of each month with the bingo game operator's monthly report, pursuant to Section 5.10.200. Any fee not paid by the 15th of the month shall be subject to late fees. The monthly fee and the late fee shall be specified in the master fee schedule.

(Ord. No. 12967, § 4, 7-28-2009)

No bingo game operator permit shall be issued to any organization unless such applicant is an eligible organization as defined by Section 5.10.070. No permit shall be issued unless the application conforms to the requirements, terms and conditions of these regulations.

(Ord. No. 12967, § 4, 7-28-2009)

Said application for a permit shall contain the following:

A.

The name of the applicant organization and a statement that the applicant is an eligible organization as defined by Section 5.10.070;

B.

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

C.

A list of all members of the organization who will operate or assist in operating the bingo games;

D.

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;

E.

Proposed days of week and hours of day for conduct of bingo games;

F.

A statement that the applicant agreed to conduct bingo games in strict accordance with the provisions of Section 326.5 of the California Penal Code, this Chapter, and the same as they may be amended from time to time;

G.

A statement that the applicant agrees to five days' prior notice to the Criminal Investigations Division of the Oakland Police Department before conducting any bingo game;

H.

A statement that the applicant's state and federal nonprofit exemption status are currently in effect;

I.

Said application shall be signed by the applicant under penalty of perjury;

J.

The applicable permit or renewal fee shall accompany the application;

K.

Such other information as is required by the City Administrator and which is necessary for enforcement of this Chapter.

(Ord. No. 12967, § 4, 7-28-2009)

Said application for a permit shall contain the following:

A.

The name of the applicant;

B.

The name and signature of at least two officers, including the presiding officer, of the corporation, partnership, or other legal entity, if applicable;

C.

The particular property within the City, including the street number, owned or leased by the applicant, on which property bingo games will be conducted, together with the occupancy capacity of such place;

D.

Proposed days of week and hours of day for conduct of bingo games;

E.

A list of the facilities, goods, and services that applicant will provide to bingo game operators, the name and address of the supplier, and the fee to be charged to bingo game operators;

F.

A statement that applicant will not participate in any transaction for the provision of facilities, goods or services to a bingo game operator if either of the following applies:

(1)

Applicant is a director, officer, partner, trustee, employee or holds any position of management in the bingo game operation;

(2)

A member of applicant's immediate family, including spouse, child, domestic partner, or other person cohabitating with applicant, is a director, officer, partner, trustee, employee or holds any position of management in the bingo game operator.

For the purposes of this Section, applicant includes an individual or the presiding directors, officers, partners, trustees or managers of any corporation, partnership, or other legal entity, if applicable;

G.

Said application shall be signed by the applicant under penalty of perjury;

H.

The applicable permit or renewal fee shall accompany the application;

I.

Such other information as is required by the City Administrator and which is necessary for enforcement of this Chapter.

(Ord. No. 12967, § 4, 7-28-2009)

Upon receipt of the completed application and the fee, the City Administrator shall refer the application to the Fire Marshal for investigation as to whether or not the property of the applicant qualifies and the extent to which it qualifies as property on which bingo games may lawfully be conducted, as to fire, occupancy, and other applicable restrictions.

(Ord. No. 12967, § 4, 7-28-2009)

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games or to operate a bingo hall in the City, the City Administrator shall issue a permit and shall notify the Criminal Investigations Division of the Oakland Police Department of the following information:

A.

The name and nature of the organization to whom the permit is issued;

B.

The address where bingo games are authorized to be conducted;

C.

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

D.

The date of the expiration of such permit;

E.

Such other information as may be necessary or desirable for the enforcement of the provisions of these regulations.

(Ord. No. 12967, § 4, 7-28-2009)

Any peace officer of the City shall have free access to any bingo game authorized under these regulations. The permittee shall have the bingo permit, and the list of approved staff available for inspection at all times. It is unlawful for any person to interfere, block doorways, or otherwise impede the efforts of a peace officer to make such inspections.

(Ord. No. 12967, § 4, 7-28-2009)

The total value of prizes awarded during the conduct of any bingo game shall not exceed five hundred dollars ($500.00) in cash or kind, or both for each separate game which is held.

(Ord. No. 12967, § 4, 7-28-2009)

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.

B.

With respect to all other organizations authorized to conduct bingo games pursuant to Penal Code Section 326.5, 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.

C.

The bingo game operator shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by these regulations. The City, by and through its authorized officers, including the City Administrator, shall have the right to examine and audit such record at any reasonable time and permittee shall fully cooperate with the City by making such records available.

D.

The bingo hall operator shall keep full and accurate records of the income and expense associated with its business relationship with the bingo game operator. The City, by and through its authorized officers, including the City Administrator, shall have the right to examine and audit such record at any reasonable time and permittee shall fully cooperate with the City by making such records available. The bingo hall operator agrees to either voluntarily disclose annually the financial information regarding its bingo-related operations or have a complete financial audit annually of all bingo related operations at its own expense. The annual audit must be conducted by a certified public accountant who is approved in advance by the City Auditor. Upon completion of the annual financial audit, copies must be submitted to the City Administrator and the City Auditor no later then 90 days after the close of the bingo hall operator's fiscal year.

(Ord. No. 12967, § 4, 7-28-2009)

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 used only for charitable purposes. At least 90 percent of bingo profits from bingo games conducted in Oakland must be used annually for charitable purposes within the City.

B.

With respect to all other organizations authorized to conduct bingo games pursuant to Penal Code Section 326.5, all proceeds shall be used in accordance with Penal Code Section 326.5. At least 70 percent of the proceeds from bingo games conducted in Oakland must be used annually for charitable purposes within the City.

C.

Organizations applying for a new bingo game operator permit must provide a statement that they will meet the requirements of this Section at the time of application. Permitted bingo game operators must provide verification that they have met and will continue to meet the requirements of this Section with their annual application for renewal.

(Ord. No. 12967, § 4, 7-28-2009)

The permittee shall, on a monthly basis, provide the City Administrator with complete and correct written reports of all expenses and income related to activities conducted pursuant to this Chapter. The reports shall be due on the tenth day of the month following the month for which activity is being reported.

(Ord. No. 12967, § 4, 7-28-2009)

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

(Ord. No. 12967, § 4, 7-28-2009)

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

(Ord. No. 12967, § 4, 7-28-2009)

All bingo games shall be open to the public.

(Ord. No. 12967, § 4, 7-28-2009)

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 Fire Marshal of the City in accordance with applicable laws and regulations. Permittee shall not reserve seats or space for any person.

(Ord. No. 12967, § 4, 7-28-2009)

A permittee shall conduct a bingo game 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 purposes for which the organization is organized. The permit issued hereunder shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as the organization's office or 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 these regulations, when it again owns or leases property used by it for the performance of the purposes for which the organization is organized.

(Ord. No. 12967, § 4, 7-28-2009)

No permits are transferable.

(Ord. No. 12967, § 4, 7-28-2009)

No person under the age of 18 years of age shall enter or remain or be permitted to enter or remain in any place while bingo games are being played in any place where bingo games are authorized.

(Ord. No. 12967, § 4, 7-28-2009)

No person who is obviously intoxicated shall be allowed to participate in any bingo games.

(Ord. No. 12967, § 4, 7-28-2009)

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, nor shall any bingo game be conducted on any premises licensed to serve alcoholic beverages.

(Ord. No. 12967, § 4, 7-28-2009)

At least five days before any bingo game is to be conducted, the permittee shall notify the Criminal Investigations Division of the Oakland Police Department of the time and place of said game.

(Ord. No. 12967, § 4, 7-28-2009)

No bingo game shall be conducted between the hours of 2:00 a.m. and 10:00 a.m.

(Ord. No. 12967, § 4, 7-28-2009)

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. No. 12967, § 4, 7-28-2009)

A.

Whenever it appears to the Chief of Police or his or her representative that the permittee is conducting a bingo game in violation of any of these provisions, said Chief of Police or his or her representative shall have the authority to summarily suspend the permit for a period not to exceed five days and to order the permittee to immediately cease and desist any further operations of any bingo games for a period not to exceed five days. After a permit has been summarily suspended, the Chief of Police or his or her representative shall refer the matter to the City Administrator for an investigation.

B.

Any person who continues to conduct a bingo game after any summary suspension thereof under Subsection A. of this Section shall be deemed guilty of an infraction.

C.

Access to Criminal History Information. The Chief of Police or his or her representative shall have the authority to obtain criminal history information for each officer of the permittee organization and each person operating or assisting in the operation of a bingo game for purposes of determining those who have been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude, and to provide such information to the City Administrator for his or her use in granting, denying and suspending or revoking bingo permits.

(Ord. No. 12967, § 4, 7-28-2009)

A.

Whenever it appears to the City Administrator that the permittee has been or is conducting bingo games or operating a bingo hall in violation of California Penal Code Section 326.5 or any of these provisions, or that the permit was obtained by fraudulent representation, the permit may be suspended or revoked.

B.

Hearings on suspensions and revocations shall be noticed and conducted pursuant to Chapter 5.02, except that within twenty (20) days after close of hearing the City Administrator shall render his or her

decision based upon the record and present and notify the permittee in writing of such decision. The decision of the City Administrator shall be final.

C.

Judicial review may be had by filing a petition for a writ of mandate in accordance with the Code of Civil Procedure.

D.

Within seven (7) days after written notification of the City Administrator's decision, the permittee must surrender its permit to the City Administrator's Office.

(Ord. No. 12967, § 4, 7-28-2009)

When the City Administrator has suspended or revoked a permit pursuant to the provisions of this Chapter and his or her decision has become final, no application for a bingo permit shall be accepted from the applicant for a period of one (1) year from the date of the City Administrator's final decision suspending or revoking the permit unless a shorter period is allowed in the decision.

(Ord. No. 12967, § 4, 7-28-2009)

The City may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the California Penal Code or of these regulations.

(Ord. No. 12967, § 4, 7-28-2009)

A.

It is a misdemeanor under Section 326.5 of the California Penal Code for any person to receive a profit, wage, or salary from any bingo game authorized hereunder, a violation of which is punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the City.

B.

Except as provided in Subsection A. of this Section, a violation of any provision of this Chapter is an infraction and shall be punishable by:

A fine not exceeding fifty dollars ($50.00) for a first violation;

A fine not exceeding one hundred dollars ($100.00) for a second violation within one (1) year;

A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation within one (1) year.

C.

If the City Administrator or his/her designee determines that a violation of this Chapter has occurred, he/she may issue an administrative citation, pursuant to Chapter 1.12. Such citation may be issued in addition to any other applicable legal, injunctive, or equitable remedies.

D.

The recipient of an administrative citation may request an administrative hearing to adjudicate any penalties issued under this Chapter by filing a written request with the City Administrator, or his or her designee. The City Administrator, or his or her designee, will promulgate standards and procedures for requesting and conducting an administrative hearing under this Chapter. Any determination from the administrative hearing on penalties issued under this Chapter will be final and conclusive.

(Ord. No. 12967, § 4, 7-28-2009)