Oceanside Municipal Code Art. IV Bingo Games

This article is adopted 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 the following sections of this chapter.

(Ord. No. 02-OR674-1, § 1, 10-9-02)

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

(a) Bingo is 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) Eligible organization is any one of the following organizations:

(1) Any organization exempted from the payment of the bank and corporation tax by Sections 23701(b), 23701(d), 23701(f) or 2370-(1) of the Revenue and Taxation Code;

(2) Mobilehome park associations;

(3) Senior citizens organizations.

(c) Minor is any person under the age of eighteen (18) years.

(Ord. No. 02-OR674-1, § 1, 10-9-02)

It shall be unlawful for any person to conduct any bingo game within the City of Oceanside unless such person is a member of an eligible organization, is acting on behalf of such organization and has been issued a license as provided by this article.

(Ord. No. 02-OR674-1, § 1, 10-9-02)

Application for a license shall be made by an officer or member of any applying organization to the city business license division on a form which that officer shall prescribe, and shall be filed not less than thirty (30) days prior to the proposed date of the bingo game or games. The application form shall contain at a minimum the following:

(a) A list of all members who will operate the bingo game or games, including the full name, date of birth, place of birth, physical description and drivers' license number of each member.

(b) The date(s) and place(s) of the proposed bingo game(s).

(c) Such proof as may reasonably be required by the business license division that the organization is an eligible organization as defined by this article.

(Ord. No. 02-OR674-1, § 1, 10-9-02)

Upon receipt of an application for a license the business license division shall refer the application to any office or department necessary in order to conduct investigation as to the truth of the matters set forth in the application, the adequacy of the premises to be used for the bingo game(s), and whether the organization or operators of the game(s) have previously violated any provision of this article, or any provision of state law relating to theft or unlawful gambling. The business license division shall issue the license unless he/she finds that the applicant or other representative of the applying organization has knowingly made any false, misleading or fraudulent statement of a material fact in the application for the license or any record or report required to be filed under this article, or that the organization is not an eligible organization as defined in this article, or that the organization or any of its members who will operate a bingo game(s) have previously violated any of the provisions of this article or any provision of state law relating to unlawful gambling or theft.

(Ord. No. 02-OR674-1, § 1, 10-9-02)

(a) The term of a bingo license shall be one year and may be renewed for a period of one year any time within three (3) months from its date of expiration, upon application therefor.

(b) The annual fee for a bingo license shall be fifty dollars ($50.00) paid upon application.

(c) Licensees conducting bingo games capable of seating one hundred (100) or more participants shall utilize a receipt-giving cash register and all sales shall be rung on such register.

(d) In reporting gross income for licensee fee purposes licensee shall utilize the city's daily bingo reports (receipts), daily pay out record, and monthly summary of bingo games. The cash register tapes discussed in the preceding paragraph shall be filed with the licensee's daily bingo reports (receipts).

(e) The reports and receipts discussed in this section shall be retained by the licensee for a period of one year, and shall be available for lawful inspections thereof.

(Ord. No. 02-OR674-1, § 1, 10-9-02)

Each license issued hereunder shall be issued to a specific person on behalf of a specific eligible organization to conduct a bingo game or games to be operated by specified persons at a specified location and shall in no event be transferable from such organization or persons, nor from one location to another.

(Ord. No. 02-OR674-1, § 1, 10-9-02)

(a) An eligible organization as defined in this article shall conduct a bingo game only on property owned or leased by it, which property is used by such organization for an office or for the performance of the purposes for which the organization is organized.

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

(c) All bingo games shall be open to the public, not just to the members of the eligible organization.

(d) All bingo games shall be operated and staffed only by members of the eligible organization who have been approved by the business license division pursuant to this article. 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.

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

(f) With respect to organizations exempt from payment of the bank and corporation tax by Section 23701(d) 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 account. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct games pursuant to the article, 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. 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 (20) percent of the proceeds before the deduction for prizes, or one thousand dollars ($1,000.00) 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.

Within thirty (30) days after any bingo game is held, the licensee shall file with the city business license division a full and complete financial statement of all monies collected and disbursed and the amount remaining for charitable purposes, or if the licensee conducts bingo games on an ongoing basis, the licensee may file such a statement every three (3) months. The business license division shall have the power to inspect all books, records and papers of the eligible organization which pertain to the operation of said bingo games.

(g) 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.

(h) 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.

(i) No bingo game shall be conducted between the hours of 2:00 a.m. and 8:00 a.m.

(Ord. No. 02-OR674-1, § 1, 10-9-02; Ord. No. 09-OR0426-1, § 1, 7-1-09)

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

(Ord. No. 02-OR674-1, § 1, 10-9-02)

The business license division may deny an application for a bingo license or suspend or revoke a license if he/she finds that the applicant or licensee or any agent or representative thereof has:

(a) Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this article; or

(b) Violated any of the provisions of this article or provisions of state law relating to unlawful gambling or theft.

If after investigation the business license division determines that a bingo license shall be suspended or revoked or an application for such license denied, he/she shall prepare a notice of suspension, revocation or denial, setting forth the reasons for such action. Prior to the suspension or revocation of any permit issued under this article, the permittee shall be entitled to a hearing held before the department director or a hearing officer appointed by the city manager, at which time evidence will be received for the purpose of determining whether or not such permit will be suspended or revoked or whether the permit may be retained. Such notice shall be sent by first class mail to the licensee's or applicant's last address provided in the application, or be personally delivered. Any person who has had an application for a bingo license denied by the business license division, or who has had a bingo license suspended or revoked by the business license division, may appeal the decision in the manner provided in this article.

(Ord. No. 02-OR674-1, § 1, 10-9-02)

Whenever an appeal is provided for in this article, such appeal shall be filed and conducted as provided for in this section. Within twenty (20) days after any action or denial or revocation has been taken by the business license division and any hearing was held as provided for in section 15.59, an aggrieved applicant or former licensee may appeal such action to the City Council of the City of Oceanside. Upon the filing of such request the city clerk shall set a time and place for hearing and shall notify the appellant thereof. The hearing shall be set on a date which is within forty-five (45) days of the filing of the request. At the hearing any person may present evidence in opposition to or in support of the appellant's case. At the conclusion of the hearing the city council shall either grant or deny the appeal, and the decision of the city council shall be final.

(Ord. No. 02-OR674-1, § 1, 10-9-02)

If any provision, clause, sentence or paragraph of this article or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this article which can be given affect without the invalid provision or application, and to this end the provisions of this article are hereby declared to be severable.

(Ord. No. 02-OR674-1, § 1, 10-9-02)