Chapter 4.51 — BINGO GAMES

This chapter is enacted pursuant to Article IV, Section 19(c), and Article XI, Sections 5 and 7 of the Constitution of the state, and Section 326.5 of the California Penal Code, or successor legislation, as the same may be amended from time to time.

(Ord. 2969 § 1 (part), 1977)

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. 2969 § 1 (part), 1977)

No person, organization or other legal entity shall conduct, share in the profits from, authorize, supervise, promote, or provide any service to a bingo game within the city, with or without compensation, except under license from the chief of police, as provided in this chapter. Only an organization furnishing a certificate or other formal indicia from the California Franchise Tax Board and the United States Internal Revenue Service stating that such organization is 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 is entitled to apply for such a license.

(Ord. 2969 § 1 (part), 1977)

All applications and other proceedings shall be made to the chief of police, between eight a.m. and five p.m. Monday through Friday, except holidays, pursuant to and subject to Chapter 4.04. Any license which is issued shall be subject to this chapter, in addition to any requirements or conditions of Chapter 4.04 and the laws of the state of California.

(Ord. 2969 § 1 (part), 1977)

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

(Ord. 2969 § 1 (part), 1977)

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 its principal office or for performance of the purposes for which the organization is organized, on a regular, continual basis.

(Ord. 2969 § 1 (part), 1977)

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

(Ord. 2969 § 1 (part), 1977)

A bingo game shall be operated and staffed only by licensed 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. 2969 § 1 (part), 1977)

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.

(Ord. 2969 § 1 (part), 1977)

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. 2969 § 1 (part), 1977)

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. 2969 § 1 (part), 1977)

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

(Ord. 2969 § 1 (part), 1977)

Bingo games shall be conducted only during the hours of noon to eleven p.m. No organization may conduct, authorize, supervise, promote, or share in the profits from a bingo game more than one day in any seven-day period.

(Ord. 2969 § 1 (part), 1977)

The chief of police or his designee shall have the authority to inspect the premises and records of a licensee relating to bingo games at any reasonable time, including, but not limited to, times during which games are being conducted, to insure that the operation of bingo games does not constitute a violation of California or United States law or of this code. All records relating to bingo games shall be maintained for at least three years. Failure to permit such inspection upon reasonable notice shall be grounds for revocation or suspension of the license.

(Ord. 2969 § 1 (part), 1977)

Not less than twenty-four hours in advance of the scheduled commencement time of any bingo game, the licensee shall notify the Palo Alto police department that such game will be conducted. Any licensee may file a written statement with the department specifying fixed days and times upon which bingo games shall be conducted, and the day or time of bingo games shall not be changed from that shown on the written notice without an amended written notice being filed with the department, or the alternative means of compliance specified in this section.

(Ord. 2969 § 1 (part), 1977)

(a) Each applicant for an individual license shall state the name, date of birth, and such other information required by the chief of police. No licensee shall be permitted to play in a bingo game for which the license is issued.

(b) Fees for the issuance or renewal of the license required in this chapter shall be as specified in the municipal fee schedule.

(Ord. 2969 § 1 (part), 1977)

Any license issued under this chapter shall not be transferable. Licenses shall be good for one year from the date of issuance, or until suspended or revoked.

(Ord. 2969 § 1 (part), 1977)

In addition to those grounds specified in Chapter 4.04, or the laws of the state of California, applications may be denied, suspended or revoked whenever the licensee, applicant, or any person listed under Section 4.51.160 has been convicted of any public offense involving bingo, or enjoined from violation thereof, or has within the last five years been convicted of any crime involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar criminal offense.

(Ord. 2969 § 1 (part), 1977)

Notwithstanding the requirement that any bingo game be 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 chief of the city and the building official in accordance with applicable laws and regulations. Seats or spaces shall not be reserved for any person except for the handicapped. All applicable provisions of the municipal code relating to health, safety and general welfare shall be met by licensee before conducting a bingo game.

(Ord. 2969 § 1 (part), 1977)

No bingo game shall be conducted except in a room wherein the persons drawing and calling out the letters and numbers are visible to every person playing the game without the aid of mechanical devices. No mechanical device shall be used to transmit the image or voice of the person drawing or calling the numbers, or the numbers themselves, to any room other than the room in which the game is being played.

(Ord. 2969 § 1 (part), 1977)

It is a misdemeanor under Section 326.5(b) of the Penal Code of the state for any person to receive a profit, wage or salary from any bingo game authorized under this chapter. A violation of said provision is punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city.

(Ord. 2969 § 1 (part), 1977)

Each organization licensed to conduct a bingo game shall file with the police chief of the city, not later than thirty days after the close of its fiscal year, or the expiration, suspension or revocation of the license issued under this chapter, whichever occurs earlier:

(a) Detailed financial report containing any changes in the information previously furnished to the city for issuance of the license, or otherwise;

(b) The total amount of money received from the operation of bingo games during the period covered;

(c) The total amount paid out in prizes, detailed costs to the organization for the operation of bingo games; and

(d) Such other information as may be required or requested by the city manager.

All of said information is subject to audit at such reasonable times and places as may be requested by the city auditor. Any expenses for such audit, whether conducted by the city auditor or a contractor or other designee working under his direction, shall be the responsibility of the licensee.

(Ord. 3514 § 23, 1984: Ord. 3507 § 23, 1984: Ord. 2969 § 1 (part), 1977)

No license for a bingo game may be issued to any organization or for any premises in which there is any type of license for the sale or consumption of alcoholic beverages, except a club defined under Section 23423 of the California Business and Professions Code or successor legislation, on condition that no alcoholic beverage be sold or consumed in the room in which bingo games are played during such games, or any license issued under Chapters 4.46, 4.52, 4.54, or 4.55.

(Ord. 2969 § 1 (part), 1977)

All equipment used in any bingo game shall be owned free and clear by the organization sponsoring the game.

(Ord. 2969 § 1 (part), 1977)

The number of persons permitted to play any bingo game in the R-1 zone shall not exceed the number of off-street parking spaces provided by the licensee multiplied by three, irrespective of whether the occupancy limit of the room in which bingo games are played is greater. The number of persons permitted to play any bingo game shall be noted upon the license. The licensee shall have the affirmative duty to require players to use the off-street parking, and may deny admission to the game for any person not so complying.

(Ord. 2969 § 1 (part), 1977)