Chapter 5.96 — BINGO

Pursuant to the provisions of Section 326.5 of the Penal Code, as adopted by the Legislature of the state in the 1975-1976 Regular Session and as amended by the 1977-78 Regular Session, bingo games will be permitted within the city under the terms and conditions specified in this chapter.

(Ord. 288 § 1, 1982)

An annual bingo license may be granted by the city council to any organization which wishes to conduct bingo games within the city for the sole benefit of such organization, which organization is exempted from the payment of the Bank and Corporation Tax by Sections 32701(a),32701(b), 32701(d), 32701(e), 32701(f), 32701(g) and 32701(l) of the Revenue and Taxation Code, and by mobile home park associations and senior organizations and; provided, that the proceeds of such games are used only for charitable purposes. Such applications shall be in writing to the city council and shall be accompanied by the following:

• A. An annual bingo license fee in the amount of fifty dollars, one-half of which license fee paid shall be refunded to the organization if the application for license is denied. In addition, a fee of one percent of the monthly gross receipts over five thousand dollars shall be an additional fee and shall be collected monthly;

• B. A statement indicating the purpose and uses for which the proceeds of such bingo games are to be based;

• C. A report from the departments of building and safety, environmental services and fire department of the city stating that inspection of the property has been made and such property meets with the fire and building and safety regulations, and has adequate off-street parking for one car for each two possible participants in the bingo games.

• (Ord. 288 § 2, 1982)

Licenses for bingo games which have been issued by the city council may be renewed annually upon the following conditions:

• A. Payment of the annual bingo license fee in the amount of fifty dollars, one-half of which license fee paid is to be refunded to the organization if an application for a license renewal is denied. In addition, a fee of one percent of the monthly gross receipts of five thousand dollars shall be an additional fee and shall be collected monthly;

• B. Submission by the licensee of a verified statement on form provided by the city, indicating the use of the funds which were derived from the games held in the previous year;

• C. Submission by the licensee of a certified statement signed by the officers of the organization holding such license for the previous year stating that the bingo games which have been held were operated in conformance with the provisions of this chapter.

• (Ord. 288 § 3, 1982)

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.96.040

§ 5.96.040

All bingo games operated under licensing by the city council as provided in this chapter shall be held in strict compliance with the following restrictions:

• A. No minors shall be allowed to participate in any bingo games.

• B. An organization authorized to conduct bingo games pursuant to Section 5.96.020 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 subsection shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

• C. All bingo games shall be open to the public, not just to the members of the authorized organization.

• D. All bingo games shall be operated and staffed only by members of the authorized organization which organized them. 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.

• E. 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.

• F. With respect to organizations exempt from payment of the Bank and Corporation Tax by Section 32701(d) of the Revenue and Taxation Code, all profits derived from bingo games shall be held in a special fund or account and shall not be commingled with any other funds or accounts. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from the bingo games shall be kept in a special fund or account and shall not be commingled with any other fund or account. 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 twenty percent of the proceeds before the deduction for prizes or one thousand dollars 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.

• G. No person shall be allowed to participate in a bingo game unless such person is physically present at the time and place the bingo game is being conducted.

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

• I. As used in this section, "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or

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City of Palm Desert, CA § 5.96.040

PALM DESERT CODE

§ 5.96.040

symbols selected at random. Notwithstanding Section 330c of the Penal Code, the game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game.

All such preprinted cards shall bear the legend "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." It is the intention of the council that bingo as defined in this subsection applies exclusively to this section and shall not be applied in the construction or enforcement of any other provision of law. (Ord. 288 § 4, 1982)

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.97.010

§ 5.97.030