Chapter 5.08 — BINGO

No person shall conduct or participate in a bingo game which is not licensed pursuant to this code.

(Prior code § 5500)

A.

Each nonprofit, charitable organization seeking a license to conduct bingo games shall file with the chief of police an application and an annual license fee of fifty dollars ($50.00) for the issuing of such license to each non-profit, charitable organization which it authorizes to conduct bingo games. An additional fee of one percent of monthly gross receipts over five thousand dollars ($5,000.00) derived from bingo games shall be collected monthly by the city from each nonprofit, charitable organization which it authorizes to conduct bingo games.

B.

The application shall be filed at least twenty (20) working days prior to the initial games and shall include:

The name and address of the nonprofit, charitable organization which is seeking to conduct game(s);

The name and address of the nonprofit, charitable organization for whose benefit the game(s) is (are) conducted;

The names and addresses of the officers and members of the organization set forth pursuant to subsections (B)(1) and (B)(2) of this section;

The building or location where the game(s) will be conducted;

The days or dates and hours when the game(s) will be conducted;

The rules and regulation of each type of bingo game(s) to be played; and

Such other information as the chief of police deems relevant to the enforcement of the requirements of this code.

(Prior code § 5501)

The application fee referred to in Section 5.08.020 of this code may be modified by resolution from time to time as deemed necessary by the Orland city council.

(Prior code § 5517)

The chief of police, fire chief and building inspector shall investigate the applicants and locations of the proposed game(s) to determine if the applicants meet the requirements of this code.

(Prior code § 5502)

Upon finding that the applicant meets the qualifications of this code, the chief of police shall issue a license to the nonprofit, charitable organization setting the location, times and other conditions necessary to comply with this code.

(Prior code § 5503)

The chief of police may, upon notice and opportunity to be heard, revoke or suspend any such license for cause.

(Prior code § 5504)

A license shall be granted only to organizations exempted from the payment of the bank and corporation tax by Section 23701(d) of Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 501(c)(3) of the Internal Revenue Code of 1954. It shall be the duty of the applicant to supply and furnish proof that the applicant is a nonprofit, charitable organization within the meaning of California Revenue and Taxation Code and the Internal Revenue Code. This duty shall commence at the time applicant applies for a license to conduct bingo games and shall continue thereafter, or until one year after the last bingo game(s) was completed.

(Prior code § 5505)

No person under eighteen (18) years of age shall be allowed to participate in any bingo games.

(Prior code § 5506)

A nonprofit, charitable organization 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.

(Prior code § 5507)

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

(Prior code § 5508)

A bingo game(s) shall be operated and staffed only by members (eighteen (18) years of age or older) of the nonprofit, charitable organization which organize it. Such members shall not receive a profit, wage or salary from any bingo game(s). Only the organization authorized to conduct a bingo game(s) shall operate such game(s), or participate in the promotion, supervision, or any other phase of the game(s). Members of the nonprofit, charitable organization operating the bingo game(s) shall not be allowed to participate in the playing of any bingo game(s) while such organization is operating it.

(Ord. 96-11 § 10; prior code § 5509)

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

(Prior code § 5510)

All profits derived from a bingo game(s) shall be kept in a special fund or account and shall not be commingled with any other fund or account, and profits shall be used only for charitable purposes or as herein provided:

A.

Such proceeds may be used for prizes and a portion of such proceeds not to exceed twenty (20) percent of the proceeds after deduction for prizes, or two thousand dollars ($2,000.00) per month, whichever is less, may be used for expenses for other organizations not exempt under Section 326.5(k)(2) of the Revenue and Taxation Code.

B.

If the monthly gross receipts from bingo game(s) of an organization exceeds five thousand dollars ($5,000.00) a minimum of ten (10) percent of the proceeds shall be used only for charitable purposes.

(Ord. 96-11 § 11; prior code § 5511)

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.

(Prior code § 5512)

The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

(Prior code § 5513)

No organization licensed to operate bingo game(s) will be allowed to conduct any more than twenty (20) single games on any one date.

(Prior code § 5514)

Licensees shall keep and maintain full, complete and accurate records and accounts and shall include in such accounts, the amount of money obtained from the players, the amount of money or type of value or prizes for each game played, and the disposition of all funds generated by the conduct of bingo game(s). The city shall have the right to inspect such records at any reasonable time.

(Prior code § 5515)

Any person, including a corporation who violates any of the provisions of this chapter, is guilty of a misdemeanor and upon conviction shall be punished as set forth if Section 1.12.010 of this code; that is to say, such punishment shall be a fine of not more than one thousand dollars ($1,000.00), by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.

(Prior code § 5516)