Chapter 18 — BINGO FOR CHARITY

5-18.01 Legislative authorization 5-18.02 Bingo authorized 5-18.03 Qualified applicants: Applications for permits 5-18.04 Permits: Applications: Verification 5-18.05 Annual permits 5-18.06 Permits: Conditions

This chapter is adopted pursuant to the provisions of Cal. Const. Art. IV, § 19 as implemented by Cal. Penal Code § 326.5. (§ 1, Ord. 1947, eff. July 7, 1977, as amended by § 1, Ord. 2918, eff. February 11, 2010)

Bingo, as defined in Cal. Penal Code § 326.05(o), may be lawfully played in the City pursuant to the provisions of Cal. Penal Code § 326.5 and this chapter and not otherwise. This chapter does not authorize or prohibit remote caller bingo as governed by Cal. Penal Code §§ 326.3 and 326.4 and Chapter 18A of Title 5 of this Code. (§ 1, Ord. 1947, eff. July 7, 1977, as amended by §1, Ord. 2918, eff. February 11, 2010)

(a) The following organizations are qualified to apply to the City Manager or designee for a permit to operate a bingo game if the receipts of those games are used only for charitable purposes: (1) An organization exempt from the payment of the bank and corporation tax by Cal. Rev. & Tax. Code §§ 23701, 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k and 23701w; and (2) A mobile home park association of a mobile home park which is situated in the City; and (3) Senior citizen organizations; and (4) Charitable organizations affiliated with a school district. (b) Such application shall be in a form prescribed by the City Manager or designee and shall be accompanied by a nonrefundable filing fee in an amount determined by resolution of the Council from time to time. The application shall also be accompanied by: (1) A certificate issued by the Franchise Tax Board of the State certifying that the applicant is exempted from the payment of the bank and corporation tax by Cal. Rev. & Tax. Code § 23701d. (2) Such additional evidence as the City Manager or designee determines is necessary to verify that the applicant is a duly organized mobile home park association of a mobile home park situated in the City. (3) Any other information reasonably necessary to permit the City Manager or designee to determine that the bingo operation and games will be conducted in compliance with this chapter and all applicable State laws and regulations.

(§ 1, Ord. 1947, eff. July 7, 1977, as amended by § 1, Ord. 2096, eff. September 18, 1980, and § 1, Ord. 2918, eff. February 11, 2010)

The permit shall not be issued until the City Manager or designee has verified the facts stated in the application and determined that the applicant is qualified. (§ 1, Ord. 1947, eff. July 7, 1977, as amended by § 1, Ord. 2918, eff. February 11, 2010)

Any permit issued pursuant to this chapter shall be valid until the end of the calendar year, at which time the permit shall expire. A new permit shall only be obtained upon filing a new application and upon the payment of the permit fee. The fact that a permit has been issued to an applicant creates no vested right on the part of the permittee to continue to play bingo. The Council expressly reserves the right to amend or repeal this chapter at any time. If this chapter is repealed, all permits issued pursuant to this chapter shall cease to be effective for any purpose on the effective date of the repealing legislation. (§ 1, Ord. 1947, eff. July 7, 1977, as amended by § 1, Ord. 2918, eff. February 11, 2010)

(a) Any permit issued pursuant to this chapter shall be subject to the conditions contained in Cal. Penal Code § 326.5, and each permittee shall comply with all applicable State and local laws and regulations. (b) In addition to the foregoing conditions, each permit issued pursuant to this chapter shall be subject to the following additional conditions: (1) Bingo games may not be conducted by any permittee on more than two (2) days during any week, except that a permittee may hold one additional game, at its election, in each calendar quarter. No game shall be permitted or conducted after 12:00 midnight. (2) The organization to which a permit to operate a bingo game is issued pursuant to this chapter shall be responsible to see that the conditions contained in this chapter and the provisions of Cal. Penal Code § 326.5 are complied with by the organization and its officers and members. Any violation of one or more of said conditions or provisions shall constitute cause for the revocation of the organization’s permit by the Council. If requested to do so by the organization, the Council shall hold a public hearing before revoking any permit issued pursuant to this chapter. (§ 1, Ord. 1947, eff. July 7, 1977, as amended by § 1, Ord. 2022, eff. November 2, 1978, § 1, Ord. 2079, eff. April 17, 1980, §2, Ord. 2096, eff. September 18, 1980, § 1, Ord. 2540, eff. March 4, 1993, and § 1, Ord. 2918, eff. February 11, 2010)