Pacific Grove Municipal Code Ch. 11.20 Card Rooms

[1]

Gambling – Statutory provisions – See California Penal Code § 330.

It is unlawful for any person, firm, corporation, co-partnership or association to maintain or conduct or aid in maintaining or conducting, in any capacity, any card table, gambling contrivance, or card game for the use of which any fee or compensation is charged any player, or in or on premises where any goods, wares or merchandise, including any food or potable liquids are sold. Commercial gambling or commercial use of gambling contrivances is declared unlawful.

(Ord. 210 N.S. § 8-2031, 1952; Ord. 402 N.S., 1962)

Bingo games shall be permitted in the city as authorized by Penal Code Section 326.5, only for the benefit of organizations exempted from the payment of the bank and corporation tax by Section 23701d 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.

(Ord. 895 N.S. § 1, 1976)

No person shall receive a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the state constitution and PGMC § 11.20.020 through § 11.20.160.

(Ord. 895 N.S. § 1, 1976)

No minor shall be allowed to participate in any bingo game.

(Ord. 895 N.S. § 1, 1976)

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 performance of the purposes for which the organization is organized.

(Ord. 895 N.S. § 1, 1976)

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

(Ord. 895 N.S. § 1, 1976)

A bingo game shall be operated and staffed only by members of the nonprofit charitable organization which organized it. 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.

(Ord. 895 N.S. § 1, 1976)

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

(Ord. 895 N.S. § 1, 1976)

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.

(Ord. 895 N.S. § 1, 1976)

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. 895 N.S. § 1, 1976)

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. 895 N.S. § 1, 1976)

As used in PGMC § 11.20.020 through § 11.20.160, "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. 895 N.S. § 1, 1976)

No bingo game shall be conducted except pursuant to a license issued by the city council. Applications for such license shall be made upon forms supplied by the city clerk, and shall be filed with the clerk, accompanied by a license fee established by resolution of the council. The license, if issued, shall be for the period of 12 months. If the city council finds that the applicant does not qualify under the terms of PGMC § 11.20.020 through § 11.20.160 or that the conducting of bingo games at the particular location stated in the application will violate other regulations of the city, the application shall be denied.

(Ord. 895 N.S. § 1, 1976; Ord. 1765 N.S. § 4, 1991)

It is a misdemeanor for any person to violate any provision of PGMC § 11.20.020 through § 11.20.160, and may be enforced pursuant to Chapter 1.16 PGMC.

(Ord. 895 N.S. § 1, 1976; Ord. 08-006 § 33, 2008)

Any bingo game conducted or operated contrary to the terms and provisions of PGMC § 11.20.020 through § 11.20.160 and/or any participation therein contrary to the provisions of PGMC § 11.20.020 through § 11.20.160 shall be and the same is declared to be unlawful and a public nuisance, and the city attorney, upon order of the city council, shall immediately commence an action or proceeding for the abatement and enjoinment thereof in the manner provided by law.

(Ord. 895 N.S. § 1, 1976)

The remedies provided for in PGMC § 11.20.150 shall be cumulative and not exclusive.

(Ord. 895 N.S. § 1, 1976)