Chapter 5.24 — BINGO GAMES

Corporations, community chests or trusts, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or for the prevention of cruelty to children or animals, exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e),23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954, mobile home park associations and senior citizen groups, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter; provided, however, that the proceeds of all bingo games, the subject of this chapter, shall go to charity.

(Ord. 1234 § 1)

Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application in writing therefor in the office of the finance director on a form to be provided by the finance director. The issuing authority shall be the finance director. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee. (Ord. 1234 § 1)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.24.010 and its application conforms to the requirement, terms and conditions of this chapter.

(Ord. 1234 § 1)

Said application for a license shall contain the following:

• A. The name of the applicant organization and a statement that applicant is an eligible organization under Section 5.24.010;

• B. The name and signature of at least 2 officers, including the presiding officer, of the corporation or community chest and the trustee of any trust;

• C. The particular property within the city, including the street number, owned or leased by the applicant, used by such applicant for an office or for 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;

• D. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter, as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the chief of police upon violation of any of such provisions;

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City of Oroville, CA § 5.24.040

OROVILLE CODE

§ 5.24.070

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

• F. The annual license fee fixed by the city council by resolution shall accompany the application;

• G. The applicant shall also submit, with its application, a Certificate or Determination of Exemption under Section 23701(a), 23701(b), 23701(d),23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing exemption under Section 23701(d).

• (Ord. 1234 § 1)

Upon receipt of the completed application and the fee, the finance director shall refer the same to interested departments of the city, including, but not limited to, the city administrator, city attorney, police department, code enforcement office and the fire department, for investigation as to whether or not all the statements in the application are true and 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. 1234 § 1)

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the city, the finance director shall issue a license to said applicant, which shall contain the following information:

• A. The name and nature of the organization to whom the license is issued;

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

• C. The address where bingo games are authorized to be conducted;

• D. The date of the expiration of such license;

• E. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

• (Ord. 1234 § 1)

• A. Whenever it appears to the chief of police that the licensee 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 license and order the licensee 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 subsection A of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding the amount outlined in the Master Fee Schedule or by imprisonment in the county jail for a period not exceeding 6 months, or by both such fine and imprisonment.

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City of Oroville, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.24.070

§ 5.24.090

• C. The order issued under subsection A of this section shall also notify the licensee that it shall have 5 days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the chief of police within said 5-day period, shall result in a revocation of the license.

• D. Upon such request by the licensee, whose license has been suspended under subsection A of this section, for a hearing to determine whether such license shall be revoked, the chief of police shall provide such hearing within 10 days after receipt of such request at which hearing the suspended licensee may appear before the chief of police for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least 5 days before the hearing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.

• E. Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the chief of police.

• (Ord. 1234 § 1)

• A. Whenever it appears to the chief of police that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered, under Section 5.24.070, the license may be revoked; provided, however, the licensee may appear before the chief of police at the time fixed by the chief of police, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least 5 days before the hearing thereof by depositing in the United States mail, a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.

• B. Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the chief of police.

• (Ord. 1234 § 1)

• A. Any holder of a license whose license is revoked under this chapter shall have the right, within 10 days after receiving notice in writing of the revocation, to file a written appeal to the city council. Such appeal shall set forth the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within 30 days after its receipt by the city, or at a time thereafter agreed upon and shall cause the appellant to be given at least 10 days' written notice of such hearing. At the hearing the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his or her appeal. The determination of the city council on the appeal shall be final.

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City of Oroville, CA

OROVILLE CODE

§ 5.24.090

§ 5.24.160

• B. Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section23701(d) of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

• (Ord. 1234 § 1)

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.

(Ord. 1234 § 1)

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. (Ord. 1234 § 1)

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. The licensee shall keep full and accurate record 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 this chapter. The city, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and licensee shall fully cooperate with the city by making such record available.

(Ord. 1234 § 1)

No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. (Ord. 1234 § 1)

A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game. (Ord. 1234 § 1)

All bingo games shall be open to the public, not just to the members of the licensee organization. (Ord. 1234 § 1)

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City of Oroville, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.24.160

§ 5.24.230

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 department of the city in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person. (Ord. 1234 § 1)

A licensee 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 performance of the purposes for which the organization is organized. Nothing in this subdivision shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. A new license may be obtained by an eligible organization upon application under this chapter when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.

(Ord. 1234 § 1)

No person under the age of 18 years of age shall be allowed to participate in any bingo game. (Ord. 1234 § 1)

No person who is obviously intoxicated shall be allowed to participate in a bingo game. (Ord. 1234 § 1)

No licensee shall conduct any bingo game more than 6 hours out of any 24-hour period. No bingo game shall be conducted before 9:00 a.m. nor after 2:00 a.m. of any day. (Ord. 1234 § 1)

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. 1234 § 1)

It is a misdemeanor under Section 326.5(b) of the Penal Code of the State of California for any person to pay or receive a profit, wage or salary from any bingo game authorized under this chapter. A violation of this section is punishable by a fine not to exceed the amount outlined in the Master Fee Schedule, which fine shall be deposited in the general fund of the city. (Ord. 1234 § 1)

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City of Oroville, CA § 5.24.230

OROVILLE CODE

§ 5.24.250

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. 1234 § 1)

If any section, subsection or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The city council hereby declares that it would have adopted this chapter and each section, subsection or portion thereof, irrespective of the fact that any one or more sections, subsections or portion be declared invalid or unconstitutional.

(Ord. 1234 § 1)

No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game. The profits of the bingo game shall be used only for charitable purposes. A portion of the proceeds, not to exceed 20% of the proceeds after the deduction for prizes, or $2,000.00 per month, whichever is less, may be used for rental of property, overhead, and administrative expenses. (Ord. 1234 § 1; Ord. 1497 § 1; Ord. 1864 § 2, 2022)

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City of Oroville, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.28.010

§ 5.28.010