Chapter 5.95 — BINGO

As used in this chapter, "BINGO" shall mean 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 and which game is either:

• A. Conducted among persons all or any of whom have paid, or promised to pay, any valuable consideration for the right to participate in such game; or

• B. Conducted among persons none of whom has paid, or promised to pay, any valuable consideration for the right to participate in such game where the total value of the prizes awarded in such game exceeds a value of $25.00.

• (Ord. 8-86)

It shall be unlawful for any person, firm, corporation or organization to permit, conduct, organize, operate or participate in any bingo game except where such game is authorized and permitted in accordance with the provisions of this chapter. (Ord. 8-86)

Only a corporation, organization, group, community chest or trust which is exempted from the payment of the bank and corporation tax by Section 23701 of the Revenue and Taxation Code, any mobile home park association, or any senior citizens organization shall be eligible to apply to the City for a license to conduct bingo games in the City of Orange under the provisions of this chapter and Section 326.5 of the Penal Code. Any such permittee must conduct a bingo game only on property owned or leased by it or on property whose use is donated to the permittee within the City of Orange and which property has been used by the permittee as an office or for the performance of the purposes for which the applicant is organized for at least 24 consecutive months immediately preceding the filing of such application. Notwithstanding the foregoing, if the facility at which the bingo games are proposed to be conducted is newly constructed or is part of a larger development complex which is newly constructed and has not been in existence for the past 24 months, the City Council may exempt such applicant from the latter requirement. (Ord. 1-05; Ord. 07-24, 5/14/2024)

Eligible organizations desiring to obtain such a permit to conduct bingo games in the City shall complete an application on forms furnished by the Business Services Coordinator which will satisfy the requirements of Section 5.32.010 of this code. The completed application shall be filed with the Business Services Coordinator.

• A. The applicant shall also submit with its application, a certificate or determination of exemption, and a letter of good standing from the Exempt Organization Unit in Sacramento, showing exemption from the payment of the bank and corporation tax under Section 23701 of the Revenue and Taxation Code of the State of California, and a

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.95.040

§ 5.95.080

description of the charitable purposes for which all profits will be used.

• B. Each new application and annual renewal shall be accompanied by an annual permit fee as set forth by resolution of the City Council, one-half of which shall be refunded to the applicant if the permit is denied.

• C. Concurrent with the filing of the completed application with the Business Services Coordinator, the applicant shall file a statement specifying the names and addresses of two persons who shall be authorized to manage, supervise and be responsible for the conduct of all bingo games by the applicant. One person shall be designated the bingo manager and the other person, the alternate bingo manager. Either the bingo manager or the alternate bingo manager shall be on the premises at all times during which bingo games are being conducted. The persons designated as bingo manager and alternate bingo manager shall furnish signed statements accepting their responsibilities. In the event any other person is designated bingo manager or alternate bingo manager, the permittee shall file a new statement and pay the fee specified in this section.

• (Ord. 8-86; Ord. 1-05; Ord. 07-24, 5/14/2024)

The Chief of Police, through the Business Services Coordinator, shall cause the completed application to be referred to interested departments of the City for investigation as to whether or not all of the statements in the application are true and if the property on which the bingo games will be conducted satisfy fire, occupancy, zoning and other applicable requirements. (Ord. 8-86)

• A. The Chief of Police shall approve or deny the permit based upon the grounds set forth in Section 5.32.080 of the Orange Municipal Code and the location where the applicant intends to conduct bingo games complies with all applicable health, safety and zoning requirements. Approval or denial of the permit shall be completed within 45 days after a properly completed application has been submitted by the applicant.

• B. The Business Services Coordinator shall thereafter issue the permit when the application has been approved by the Chief of Police and the required fees have been paid.

• (Ord. 8-86)

If the Chief of Police, following an investigation, determines that the applicant does not fulfill the requirements for a permit, the permit shall be denied. Notice of denial and the right to hearing before the City Manager or designee shall be as provided in Section 5.32.070 of the Orange Municipal Code.

(Ord. 8-86; Ord. 1-05)

The grounds for revoking a permit to conduct bingo games and the appeal process in the event of such revocation shall be as set forth in Chapter 5.34 of the Orange Municipal Code. However, if the grounds for revocation is cancellation of the exemption granted under any applicable section

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City of Orange, CA

ORANGE CODE

§ 5.95.080

§ 5.95.120

of the Revenue and Taxation Code, such organization may again immediately apply for a license upon proof of reinstatement of said exemption. (Ord. 8-86)

• A. Whenever sufficient evidence is presented to the Chief of Police that the permittee is conducting a bingo game in violation of any of the provisions of this chapter, the Chief of Police shall have the authority to summarily suspend the permit if the facts or conditions constituting such grounds pose the potential of an imminent threat to the public health or safety or the potential for a diversion of proceeds to a non-charitable purpose and order the permittee to immediately cease and desist any further operation of any bingo game.

• B. Any person who continues to conduct a bingo game after any summary suspension thereof under this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding $500.00 or by imprisonment in jail for a period not exceeding six months, or by both such fine and imprisonment.

• C. A permittee so suspended shall be entitled to the revocation hearing and appeal process set forth in Chapter 5.34 of the Orange Municipal Code.

• (Ord. 8-86; Ord. 1-05)

The terms and conditions governing business permits as set forth in Chapter 5.32 of this code shall be applicable for permits to conduct bingo games. (Ord. 8-86)

A fee equal to one percent of the monthly gross receipts over $5,000.00 derived by permittee from bingo games for the immediately preceding calendar month shall be paid to the City by permittee. Said fee shall be paid to the City monthly on or before the 15th day of each month and shall be submitted to the Business Services Coordinator, together with the monthly report of receipts and expenditures.

(Ord. 8-86)

On or before the 15th day of each month, the permittee shall report in writing to the Business Services Coordinator on forms provided by the Business Services Coordinator for such purpose, an accounting of all bingo game receipts and expenditures for the immediately preceding calendar month.

(Ord. 8-86)

The permittee shall submit a quarterly financial report to the Chief of Police on forms furnished by the Orange Police Department. For the period ending March 31, the report shall be submitted on or before April 15; for the period ending June 30, the report shall be submitted on or before July 15; for the period ending September 30, the report shall be submitted on or before October

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.95.120

§ 5.95.160

15; and for the period ending December 31, the report shall be submitted on or before January 15.

• (Ord. 8-86)

It shall be the duty of every permittee to keep and preserve, for a period of three years, all records, ledgers and accounts relating to the proceeds and expenditures, and the distribution of all profits derived from the bingo game as are necessary to determine or establish compliance with the provisions of this chapter, which records, ledgers and accounts shall be made available by the permittee to the Chief of Police or Business Services Coordinator, or their designated representatives, at all reasonable times upon demand. Photocopies of said records, ledgers and accounts shall be provided to the Chief of Police or Business Services Coordinator by permittee, upon demand, at no charge to the City.

(Ord. 8-86)

• A. Except as provided in Section 5.95.320, a bingo game shall be operated, conducted and staffed only by members of the permittee organization. Each permittee organization shall keep and maintain a current roster containing the names of all of its members, which roster shall be conspicuously posted on the premises where such games are conducted and shall be open to public inspection at all times during the hours such games are conducted. Such members shall not receive profit, wage, salary or other consideration from any source whatsoever, for services rendered in connection with said bingo games, including any free or discounted play of any bingo game. Only the permittee shall operate and conduct such game, or participate in the promotion, supervision or any other phase of such game.

• B. Each permittee shall have written policies incorporated in its constitution, articles, bylaws or other regulations setting forth the manner in which a person may become a member of the organization. Absent any such written policies, it shall be presumed that the organization has no members who may operate or staff bingo games within the meaning of Section 326.5 of the Penal Code.

• (Ord. 8-86; Ord. 25-86)

It is a misdemeanor under Section 326.5(b) of the Penal Code of the State of California for any person to receive or pay a profit, wage or salary, except security personnel, from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed $10,000.00, which fine shall be deposited in the general fund of the City of Orange. A violation of any other provisions of this chapter shall be a misdemeanor. (Ord. 8-86; Ord. 07-24, 5/14/2024)

Any person participating in the operation, conduct or staffing of any bingo game shall wear on his or her outside clothing in plain view, an identification insignia or badge with his or her photograph and specifying the full name and title of such person and the name of the permittee organization. Said insignia or badge shall be no less than 2″ × 3″ in size and shall be furnished by permittee, except bingo manager or alternate bingo manager, whose badges shall be furnished

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City of Orange, CA

ORANGE CODE

§ 5.95.160

§ 5.95.210

by the Orange Police Department. (Ord. 8-86)

A permittee may conduct bingo games on not more than two days during any seven-day period for a maximum of six hours per day. This limitation shall not preclude a permittee from conducting bingo games on two or more days during said seven-day period at any other location or locations within the County of Orange pursuant to any other permits or licenses issued by any other city in Orange County, or by the County of Orange. A permittee may not conduct bingo games between the hours of 12:00 midnight and 10:00 a.m. of any day. (Ord. 1-05; Ord. 07-24, 5/14/2024)

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. 8-86)

All games shall be open to the public, not just to the members of the permittee organization. (Ord. 8-86)

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 Department and Building Division of the City of Orange in accordance with applicable laws and regulations. Permittees shall not reserve seats or space for any person. In no event shall permittee allow in excess of 500 persons to participate in any bingo game. (Ord. 8-86)

Except as provided in Section 5.95.320, a permittee shall conduct a bingo game only on the property owned, leased by it or on property whose use is donated to the permittee, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The permit issued under this chapter 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 an office and as a place for 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 this chapter, when it again owns, leases property or in possession of property whose use is donated to the permittee and used by it for an office or for performance of the purposes for which the organization is organized provided that said permit was valid at the time of relocation.

Nothing in this section shall be construed to require that the property owned, leased by it or property whose use is donated to the permittee, be used or leased exclusively by such permittee; provided, however, that said property shall in no event be used for the conduct of bingo games

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.95.210

§ 5.95.260

more often than two days out of any seven-day period, nor more than six hours out of each such day, regardless of the total number of permittees utilizing said property. (Ord. 8-86; Ord. 25-86; Ord. 1-05)

No person under the age of 18 years of age shall be allowed to participate in any bingo game. (Ord. 8-86)

No person who is obviously intoxicated shall be allowed to participate in a bingo game. (Ord. 8-86)

It shall be unlawful for any person, firm, corporation or association, with intent directly or indirectly to induce, encourage or solicit any person to participate in any bingo game or games authorized pursuant to this chapter, to make or disseminate or cause to be made or disseminated before the public in this City, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or any other manner or means whatsoever, any statement concerning any such bingo game including, but not limited to, the amount of prizes to be awarded or distributed in any game, which is untrue or misleading, and which is known or which, by the exercise of reasonable care, should be known to be untrue or misleading. (Ord. 8-86)

• A. All profits derived from any bingo game by any organization exempt from payment of the bank and corporation tax by Section 23701 of the Revenue and Taxation Code shall be kept in a special fund or account and shall not be commingled with, or transferred to, any other fund or account of said licensee organization. Such profits shall be used only for charitable purposes.

• B. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with, or transferred to, any other fund or account of said licensee organization. Proceeds are the receipts of bingo games conducted by organizations not within subsection A above. 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 20% of the proceeds before the deduction of prizes, or $2,000.00 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;

3. Such proceeds may be used to pay license fees.

(Ord. 8-86; Ord. 1-05; Ord. 07-24, 5/14/2024)

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City of Orange, CA

ORANGE CODE

§ 5.95.260

§ 5.95.320

All disbursements from the bingo account shall be by consecutively numbered checks signed by two authorized officers of the permittee and shall be made payable to a specific individual and organization. There shall be written on each check the nature of the expenditure for which the check is drawn. No check shall be drawn to "cash" or a fictitious payee. (Ord. 8-86)

No individual, corporation, partnership or other legal entity except the permittee shall hold a financial interest in the conduct of such bingo game. (Ord. 8-86)

The total value of prizes awarded during the conduct of any bingo games shall not exceed $250.00 in cash or kind, or both, for each separate game which is held. Each progressive play in a series which continues to utilize and count any number symbols called and utilized in a previous part of said progression shall be deemed part of the same bingo game for purposes of this section, even though a separate prize may be awarded for each part of said progression. (Ord. 8-86)

• A. All prizes for each bingo game shall be awarded immediately following the conclusion of play of such bingo game.

• B. Each patron in attendance at any bingo game who wins $50.00 or more in cash or prizes from any single bingo game shall be required to submit his or her full name, address and telephone number to the bingo manager, alternate bingo manager, or a designated staff representative prior to the award of such cash or prizes. Permittee shall inform all patrons of this requirement prior to the commencement of each bingo session. Said cash or prizes shall not be awarded to any person by permittee unless and until such person complies with the requirements of this section. All such information shall be kept strictly confidential by permittee and shall be made available only to the City of Orange upon request by the Chief of Police or designated representative.

• (Ord. 8-86)

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

(Ord. 8-86; Ord. 1-05)

The Chief of Police may prescribe such regulations with respect to the conduct of the games and the equipment and cards used by the permittee as he or she deems necessary to ensure the fairness and integrity of the games, and the accountability of the funds collected. (Ord. 8-86)

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.95.320

§ 5.95.350

The provisions of this section shall be applicable only to those organizations established for the primary purpose of supporting the educational objectives of the Orange Unified School District or a school within the District. Such an organization is hereinafter referred to as an "O.U.S.D. Support Organization." Except as specifically provided in this section, an O.U.S.D. Support Organization shall comply with all other provisions of this chapter.

• A. The provisions of Section 5.95.140 notwithstanding, a permittee which is an O.U.S.D. Support Organization may use as staff workers for bingo games, members of other organizations which are organized and are operated for the purpose of supporting the educational program of the Orange Unified School District or a school within the District. The use of such persons as staff workers shall be in accordance with a written plan submitted by the permittee and approved by the Chief of Police.

• B. The provisions of Section 5.95.210 notwithstanding, a permittee which is an O.U.S.D. Support Organization may conduct bingo games at a school or other District facility authorized for such use by the Orange Unified School District and which satisfy the other requirements of this code. The permit issued under this section shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated on the application.

• C. At any time there shall be no more than one permit in effect for the conduct of bingo games on property owned by the Orange Unified School District.

• (Ord. 25-86)

• A. Organizations to Which Special Provisions Applicable. The special provisions of this section shall apply to those organizations which satisfy all of the following requirements:

  1. The organization is a mobile home park association, a senior citizens' group, or a similar type of organization as determined by the Chief of Police.

  2. The organization has a permanent, safe, and suitable place in which to conduct a bingo games operation.

  3. The organization accepts limitations on the number of bingo players, the charge for bingo cards, and the amount of prize money which can be offered.

• B. Limited Bingo Permittee and Applicability of Other Provisions of Chapter 5.95. An organization which submits an application, pays required fees, and receives a permit, is hereinafter referred to as a "limited bingo permittee" and shall be subject to all of the provisions of Chapter 5.95, except as may be specifically provided herein in Sections 5.95.350(C) through 5.95.350(K).

• C. Limited Bingo Permit Applications.

  1. The provisions of Section 5.95.040 notwithstanding, an organization desiring to obtain a permit to conduct bingo games on a limited basis in the City shall complete an application on forms furnished by the Business Services Coordinator which shall satisfy the requirements of Section 5.32.010 of this code. The completed application shall be filed with the Business Services Coordinator.

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City of Orange, CA

ORANGE CODE

§ 5.95.350

§ 5.95.350

2. Concurrent with the filing of the completed application with the Business Services Coordinator, the applicant shall file a statement stating the name and address of the person who shall be authorized to manage, supervise, and be responsible for the conduct of all bingo games by the applicant; that person shall be designated the bingo manager. The bingo manager shall be on the premises at all times during which bingo games are being conducted. The person designated as bingo manager shall furnish a signed statement accepting his or her responsibilities. The applicant shall pay, or cause to be paid, a fee in such an amount as is established from time to time by resolution of the City Council for each background investigation of a bingo manager or alternate bingo manager. In the event any other person is later designated bingo manager, the permittee shall file a new statement and pay the fee specified in this section. To ensure that the bingo game operation will continue in the absence of the bingo manager, an alternate bingo manager may be designated to serve when the bingo manager is not present. The requirements for the alternate bingo manager shall be the same as for the bingo manager, including, but not limited to, filing of statement and paying the fee in such an amount as is established by resolution of the City Council for a background investigation.

• D. Monthly and Quarterly Reports.

1. A limited bingo permittee shall submit the monthly report of receipts and expenditures and the quarterly financial report in the same manner as other permittees are required to do in accordance with Sections 5.95.110 and 5.95.120. However, if a limited bingo permittee follows a procedure that insures that all bingo game receipts are expended as prize money on the same day, the reports shall not be required.

   2. The monthly report of receipts and expenditures and the quarterly financial report are concerned only with receipts and expenditures directly associated with the bingo game operations. Receipts and expenditures relating to the sale of food, beverages, and merchandise sold during bingo game operations are not included in such reports.

• E. Exclusive Operation of Limited Bingo Permittee. A limited bingo permittee shall comply with the provisions of Section 5.95.140(A). However, a limited bingo permittee shall have an additional means of satisfying the requirement of Section 5.95.140(B) to set forth the manner in which a person may become a member of the organization. A limited bingo permittee may cause a memorandum to be prepared stating the qualifications for membership; maintaining the memorandum in a safe place; and producing that memorandum when requested to do so by an authorized representative of the City of Orange.

• F. Bingo Games Open to Public. California Penal Code Section 326.5(g) requires that all bingo game operations shall be open to the public, not restricted to members of the organization. Any person shall be allowed to participate in a bingo game subject to the requirements and restrictions of this chapter. There is no requirement that the bingo game operation be advertised or given publicity.

• G. Attendance Limited. A limited bingo permittee shall comply with the provisions of Section 5.95.200, subject to an additional restriction that no more than 35 players shall participate in any bingo game.

• H. Proceeds to Be Kept Separate. A limited bingo permittee has the choice of accumulating proceeds from bingo game operations or following a procedure which ensures that all bingo

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.95.350

§ 5.95.350

receipts taken in one day are expended as prize money that same day. If a limited bingo permittee chooses to accumulate proceeds the provisions of Section 5.95.250(B) shall apply. If the limited bingo permittee chooses to expend all receipts the same day as prize money, then Section 5.95.250(B) shall not apply.

• I. Maximum Charge for Bingo Card. A limited bingo permittee shall not charge a player more than $0.50 for a bingo card.

• J. Maximum Amount of Prizes. The provisions of Section 5.95.280 notwithstanding, the total value of prizes awarded during the conduct of any bingo game shall not exceed $10.00 for each separate game which is held.

• K. No Conditional Use Permit Required. The provisions of Section 17.10.030 notwithstanding, a limited bingo permittee shall not be required to obtain a conditional use permit.

• L. Days and Hours of Operation. The provisions of Section 5.90.170 notwithstanding, a limited bingo permittee which follows a procedure that ensures that all bingo receipts are expended as prize money the same day may conduct bingo game operations on not more than two days during any seven-day period for a maximum of six hours each day. A limited bingo permittee shall not conduct bingo game operations between the hours of 12:00 midnight and 10:00 a.m. of any day.

• (Ord. 20-87; Ord. 30-88; Ord. 18-07; Ord. 07-24, 5/14/2024)

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.98.010

§ 5.98.050