Chapter 5.33 — BINGO GAMES

This chapter shall be known as the "bingo ordinance."

(Ord. 5421 § 1 (part), 1979)

This chapter is enacted pursuant to the authority provided in Section 19 (c) of Article IV of the California Constitution and Section 326.5 of the California Penal Code.

(Ord. 5421 § 1 (part), 1979)

A.

"Bingo game" as used in this chapter, 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.

B.

"Bingo session" means the entire period of time, including all breaks and interruptions, from the operating of the first bingo game through the conclusion of the last bingo game played on the same day and sponsored by a permittee.

C.

"Permittee" means an organization authorized to conduct bingo games pursuant to this chapter.

(Ord. 5421 § 1 (part), 1979)

No organization or person shall maintain or operate a bingo game unless a permit has been obtained under this chapter and such activity is conducted in compliance with the provisions of Section 326.5 of the California Penal Code and this chapter, as now enacted or hereafter amended.

(Ord. 5421 § 1 (part), 1979)

Only nonprofit senior citizens organizations and nonprofit organizations with determinations from the Franchise Tax Board and the Internal Revenue Service of exemption from taxes under Sections 23701a, 23701b, 23701d, 23701e, 23701f,

23701g, or 23701l of the Revenue and Taxation Code and Section 501 of the Internal Revenue Code may apply for a permit under this chapter.

(Ord. 5421 § 1 (part), 1979)

An application for a permit or the renewal thereof shall be in writing on forms provided by the city; shall be filed with the business license section, finance department of the city. Every application shall be verified as provided by the California Code of Civil Procedure. The application fees for investigation and processing are $50.00 for the permit and $50.00 for a renewal. One-half of such fee shall be refunded in the event that an application is denied.

(Ord. 5421 § 1 (part), 1979)

The police chief shall conduct an investigation of the applicant to determine whether the permit shall be issued and for that purpose may require information of applicant as he deems necessary.

(Ord. 5421 § 1 (part), 1979)

The permit shall be denied by the police chief if:

A.

The applicant fails to meet the requirements of California Penal Code Section 326.5 or the provisions of this chapter; or

B.

The applicant has maintained or operated a bingo game after May 8, 1977, in violation of any provision of California Penal Code Section 326.5, any provision of this chapter, or any condition of a permit issued pursuant to this chapter; except, that a permit may be issued upon the expiration of one year after such violation if the police chief finds that such violation was inadvertent and that adequate measures have been taken by the applicant to insure that violations will not occur thereafter; or

C.

The applicant has knowingly made a false or misleading statement in the application or with regard to any provision of this chapter including Sections 5.33.150, 5.33.180 or 5.33.190; or

D.

The applicant has had a similar type of permit revoked for cause within the last year unless the applicant can demonstrate a sufficient change in circumstances; or

E.

Issuance of the permit is determined to be injurious to the general welfare of the community.

(Ord. 5421 § 1 (part), 1979)

Notice of the police chief's decision shall be given to the applicant or to any person requesting such notice within 30 days after receipt of the application for a permit or renewal.

(Ord. 5421 § 1 (part), 1979)

Any organization aggrieved by a decision of the police chief regarding an application or permit or revocation of a permit under this chapter may appeal such decision in accordance with the procedures set forth in Sections 5.36.130 through 5.36.170 of this code.

(Ord. 5421 § 1 (part), 1979)

Each permit shall be valid only for the location specified therein and shall expire one year after the date of issuance or renewal.

(Ord. 5421 § 1 (part), 1979)

No location shall be used for the operation of a bingo session more than once during the seven-day period which commences at midnight on Saturday. The police chief may grant an exception to this provision upon application being made and good cause shown. An application for an exception shall be allowed only if the police chief determines that such an exception will not be injurious to the general welfare of the community.

(Ord. 5421 § 1 (part), 1979)

The assignment or attempt to assign any permit issued hereunder is unlawful. An attempt to assign a permit shall render it null and void.

(Ord. 5421 § 1 (part), 1979)

The permit may be revoked by the police chief for cause based on a violation of California Penal Code Section 326.5 or any provision of this chapter or any condition of the permit issued pursuant to this chapter, or when it is determined to be injurious to the general welfare of the community.

(Ord. 5421 § 1 (part), 1979)

When a permit has been revoked it shall be surrendered to the police department.

(Ord. 5421 § 1 (part), 1979)

All proceeds from such games shall be used only for charitable purposes. Every permittee conducting bingo games under this chapter shall keep adequate records of all receipts and expenditures. "Receipts and expenditures," as used herein, includes any and all tangible or intangible property, whether of generally recognized monetary value or not. Such records shall also indicate the number of people in attendance at each game, the number of participants thereat, the names and addresses of all winners, and the amount or description and value of the prize or item won by each winner. An applicant or permittee hereunder shall submit to the police department, as soon as reasonably possible upon its occurrence, any change in the information submitted on or within the application hereunder.

(Ord. 5421 § 1 (part), 1979)

All funds derived from bingo games shall be deposited into a special and separate bank account and shall not be commingled with any other funds. No person shall be allowed to engage in or play in any bingo game on credit.

(Ord. 5421 § 1 (part), 1979)

Two or more members of the permittee shall jointly count all bingo game proceeds immediately upon the close of each session. Such proceeds shall be deposited in the special and separate bingo bank account the next banking day. The deposit document shall be signed by the two members who jointly counted the proceeds.

(Ord. 5421 § 1 (part), 1979)

Any and all disbursements from the special and separate bingo bank account shall be made upon consecutively numbered checks which shall be signed by two authorized officers of the permittee and shall be payable to a specific person or organization. The nature or purpose of the expenditure shall be written on each check. The permittee, its officers and members, are specifically prohibited from drawing any check to "cash" or to a fictitious payee.

(Ord. 5421 § 1 (part), 1979)

The permittee shall file a monthly report, with the business license station, department of finance of the city on forms prescribed by the city, on or before the 15th of each month. The report shall set forth an accounting of all receipts and expenditures for the prior calendar month and shall identify by bank name and account number all special and separate bingo bank accounts maintained by permittee.

(Ord. 5421 § 1 (part), 1979)

No permittee shall refuse to allow the police chief or his authorized representatives to enter the permit premises in order to insure that the operation of such game is not in violation of federal or state law or any provision of this chapter. Such permittee shall also allow the police chief and the director of finance or their authorized representatives to inspect the records and bank accounts required under this chapter.

(Ord. 5421 § 1 (part), 1979)

Bingo games and sessions operated pursuant to permits is sued under this chapter shall be limited as follows:

A.

Bingo games shall not be conducted between midnight and 9:00 a.m.;

B.

A permittee shall not conduct more than one bingo session in one day;

C.

The permittee shall not allow more than a thirty-minute break or interruption period in between bingo games;

D.

The permittee shall not conduct more than one bingo session during the seven-day period which commences at midnight on Saturday;

E.

The permittee shall specify on the monthly report required pursuant to Section 5.33.190 herein the time of commencement, length of time and location of all bingo sessions which permittee shall conduct during the two-month period commencing with the calendar month which follows the month during which the report is filed;

F.

The permittee shall not conduct bingo sessions except as specified on the permit and monthly reports.

(Ord. 5421 § 1 (part), 1979)

No alcoholic beverage shall be served or consumed during any bingo session in any room in which bingo is being played.

(Ord. 5421 § 1 (part), 1979)

During the operation of a bingo game or session all persons responsible for conducting, operating or managing the bingo game or session shall wear on their outside clothing an identification insignia or badge, no less than 2-1/2″ x 3-1/2″ in dimension, indicating the name of the permittee sponsoring the bingo game or session and the name and title of the person wearing the identification insignia or badge.

(Ord. 5421 § 1 (part), 1979)

The permittee shall include the identification number of the permit issued pursuant to this chapter on any and all advertisements or other publicity for bingo.

(Ord. 5421 § 1 (part), 1979)

The provisions of this chapter are not intended to conflict with, but shall supplement all laws of the state.

(Ord. 5421 § 1 (part), 1979)