Chapter 5.12 — BINGO GAMES

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. 129 § 5.12.010, 1985)

Organizations exempted from the payment of the bank and corporation tax Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l and 23701w of the Revenue and Taxation Code and mobile home park associations and senior citizens' organizations and charitable organizations affiliated with a school district are eligible to apply to the town for a license to conduct bingo games in the town under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter.

(Ord. No. 530, § 1, 6-25-2013; Ord. 129 § 5.12.020, 1985)

Eligible organizations desiring to obtain such license to conduct bingo games in the town shall file an application in writing therefor in the office of the administrative services director on a form to be provided by the director. The issuing authority shall be the director. The license issued shall be for a term of one year from the date of issuance, subject to renewal and an annual fee. (Ord. 129 §5.12.030, 1985)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.12.020 and its application conforms to the requirements, terms and conditions of this chapter. (Ord. 129 §5.12.040, 1985)

The application for a license shall contain the following:

A.

The name of the applicant organization and a statement that the applicant is an eligible organization under Section 5.12.020;

B.

The name and signature of at least two officers, including the presiding officer, of the organization or by two members if it is a senior citizen organization with no officers;

C.

The particular property within the town, including the street number, whether 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;

E.

The application shall be signed by the applicant under penalty of perjury;

F.

The annual license fee fixed by the town council by resolution shall accompany the application;

G.

The applicant shall also submit, with its application, a certificate or determination of exemption under Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 12701(1) 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 23701d. If the applicant is a mobile home park association or a senior citizen organization, an officer or member shall submit a declaration, signed under penalty of perjury, setting forth facts which show that the applicant is a mobile home park association or a senior citizen organization. (Ord. 129 §5.12.050, 1985)

Upon receipt of the completed application and the fee, the administrative services director shall refer the application to interested departments of the town, including, but not limited to, the town manager, town attorney, police department and the fire department, for investigation as to 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. 129 §5.12.060, 1985)

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

A.

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

B.

The address where bingo games are authorized to be conducted;

C.

The occupancy capacity of the room in which bingo games are 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. 129 §5.12.070, 1985)

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 has the authority 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 is guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

C.

The order issued under subsection A of this section shall also notify the licensee that it shall have five 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 the five-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 ten 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 has first been given at least five days before the hearing thereof by depositing in the United States mail a notice

directed to the 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 town until such time as the town council, on appeal, determines to overrule the decision of the chief of police. (Ord. 129 §5.12.080, 1985)

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 5.12.080, the license may be revoked; provided, however, that 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 has first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the 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 town until such time as the town council, on appeal, determines to overrule the decision of the chief of police. (Ord. 129 §5.12.090, 1985)

A.

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

B.

Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the town 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 Section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of the exemption. (Ord. 129 §5.12.100, 1985)

The total value of prizes awarded during the conduct of any bingo game shall not exceed the dollar amount set forth in Penal Code Section 326.5(n) either in cash or kind, or both, for each separate game, which is held.

(Ord. No. 530, § 2, 6-25-2013; Ord. 129 §5.12.110, 1985)

A.

With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, 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. 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 a bingo game 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:

Such proceeds may be used for prizes.

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 and administrative expenses.

B.

The licensee shall keep a 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 town, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and the licensee shall fully cooperate with the town by making such record available. (Ord. 129 §5.12.120, 1985)

No individual, corporation, partnership or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. (Ord. 129 §5.12.130, 1985)

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. 129 §5.12.140, 1985)

All bingo games shall be open to the public, not just to the members of the licensee organization. (Ord. 129 §5.12.150, 1985)

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 town manager's office in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person. (Ord. 129 §5.12.160, 1985)

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 licensee is organized. If the licensee shall dispose of the property, then the license shall have no further force or effect. 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. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (Ord. 129 §5.12.170, 1985)

No person under the age of eighteen years shall be allowed to participate in any bingo game. (Ord. 129 §5.12.180, 1985)

No person who is obviously intoxicated or under the influence of any narcotic or dangerous drug shall be allowed to participate in a bingo game. (Ord. 129 §5.12.190, 1985)

No licensee shall conduct any bingo game for more than six hours out of any twenty-four-hour period. No bingo game shall be conducted before nine a.m. nor after two a.m. of any day. (Ord. 129 §5.12.200, 1985)

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. 129 §5.12.210, 1985)

It is a misdemeanor under Section 326.5(b) of the Penal Code of the state for any person to receive or to pay a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the town. (Ord. 129 §5.12.220, 1985)

The town 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. 129 §5.12.230, 1985)

Every person who violates any of the provisions of this chapter is guilty of a misdemeanor. (Ord. 129 §5.12.240, 1985)