Chapter 5.44 — BINGO

The term "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player's possession and that conform to numbers or symbols, selected at random and announced by a live caller. Notwithstanding section 330c, as used in this section, the game of bingo includes tangible cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. Electronics or video displays shall not be used in connection with the game of bingo, except in connection with the caller's drawing of numbers or symbols and the public display of that drawing, and except as provided in subdivision (p). 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 preprinted cards shall bear the legend, "For sale or use only in a bingo game authorized under state law and pursuant to local ordinance." Only a covered or marked tangible card possessed by a player and presented to an attendant may be used to claim a prize.

(Code 1972, § 5.44.010; Ord. No. 458, § 1, 1977; Ord. No. 893, § 1, 1991)

Organizations exempted from the payment of the bank and corporation tax by Revenue and Taxation Code sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), 23701(k), 23701(w), and 23701(l) and by mobile home park associations and senior citizen organizations, and charitable organizations affiliated with a school district; and provided that the receipts of such games are used only for charitable purposes, are eligible to apply to the city for a license to conduct bingo games in the city, pursuant to the provisions of California Penal Code section 326.5 and the provisions of this chapter.

(Code 1972, § 5.44.020; Ord. No. 458, § 2, 1977; Ord. No. 525, § 1, 1980; Ord. No. 893, § 2, 1991)

Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application in writing with the finance director on a form to be provided by the finance director. The issuing authority shall be the finance director.

(Code 1972, § 5.44.030; Ord. No. 458, § 3, 1977; Ord. No. 525, § 9(part), 1980; Ord. No. 556, § 2, 1982; Ord. No. 1008, §§ 1(part), 2(part), 1995)

No license shall be issued to any organization unless such applicant is an eligible organization under section 5.44.020 and its application conforms to the requirements, terms and conditions of this chapter.

(Code 1972, § 5.44.040; Ord. No. 458, § 4, 1977)

Said application for license shall contain the following:

(1)

The name of the applicant organization and a statement that applicant is an eligible organization under section 5.44.020;

(2)

The name and signature of at least two officers including the presiding officer of the corporation or community chest and the trustee of any trust;

(3)

The particular property within the city, including the street number, 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;

(4)

Proposed days of week and hours of day for conduct of bingo games;

(5)

Statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Penal Code section 326.5 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 finance director upon violation of any such provisions;

(6)

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

(7)

The term of a bingo license is one year and it may be renewed for successive periods of one year if each application thereafter is made before expiration of the preceding license. The fee for a bingo license shall be $50.00. The fee for a renewal license shall be $50.00. The appropriate fee shall be paid at the time of submission of each application for a license or renewal. If a license is denied, one-half the fee shall be refunded to the applicant. An additional fee of one percent of the gross monthly receipts over $5,000.00 derived from bingo games shall be collected monthly by the finance director;

(8)

The applicant shall also submit, with the application, a certificate of determination of exemption pursuant to sections of the Revenue and Taxation Code as identified in section 5.44.020, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing exemption under such sections.

(Code 1972, § 5.44.050; Ord. No. 458, § 5, 1977; Ord. No. 525, §§ 2, 3, 1980; Ord. No. 893, § 3, 1991; Ord. No. 1009, §§ 1(part), 2(part), 1995)

Upon receipt of the completed application and the fee, the finance director shall refer the same to interested departments of the city, including, but not limited to, the city manager, city attorney, police department and the fire department for investigation as to whether or not all the statements in the application are true and 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.

(Code 1972, § 5.44.060; Ord. No. 458, § 6, 1977; Ord. No. 525, § 9(part), 1980; Ord. No. 1009, §§ 1(part), 2(part), 1995)

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

(1)

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

(2)

The address where the bingo games are authorized to be conducted;

(3)

The occupancy capacity of the room in which bingo games are to be conducted;

(4)

The date of the expiration of such license, which shall be no more than one year from the date of issuance;

(5)

Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Code 1972, § 5.44.070; Ord. No. 458, § 7, 1977; Ord. No. 525, §§ 4, 9(part), 1980)

(a)

Whenever it appears to the finance director that the licensee conducting a bingo game is in violation of any of the provisions of this chapter, the finance director shall have the authority to summarily suspend the license and order the licensee 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 shall be deemed guilty of a misdemeanor.

(c)

The order issued under subsection (a) of this section shall also notify the licensee that he 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 finance director within said 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 finance director shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the finance director, or his delegate, 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 shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds 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 city until such time as the city council, on appeal, determines to overrule the decision of the finance director.

(Code 1972, § 5.44.080; Ord. No. 458, § 8, 1977; Ord. No. 525, § 9(part), 1980; Ord. No. 893, § 4, 1991; Ord. No. 1009, §§ 1(part), 2(part), 1995)

(a)

Whenever it appears to the finance director 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 5.44.080, the license may be revoked, provided, however, the licensee may appear before the finance director, or his delegate, at the time fixed by the finance director, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. Notice shall set forth a summary of the grounds advanced as the basis of the revocation.

(b)

Any organization whose license is revoked under this section shall not conduct any bingo games in the city until such time as the city council, on appeal, determines to overrule the decision of the finance director.

(Code 1972, § 5.44.090; Ord. No. 458, § 9, 1977; Ord. No. 525, § 9(part), 1980; Ord. No. 1009, §§ 1(part), 2(part), 1995)

(a)

Any holder of a license aggrieved by the decision of the finance director to revoke said license may appeal to the city council as provided in title 3.

(b)

Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the city for a period of one year from the date of said revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under section 23701(d) of the revenue and taxation code, such organization may again apply for a license upon proof of reinstatement of said exemption.

(Code 1972, § 5.44.100; Ord. No. 458, § 10, 1977; Ord. No. 525, § 9(part), 1980; Ord. No. 1009, §§ 1(part), 2(part), 1995)

The total value of prizes awarded during the conduct of any bingo game shall not exceed $500.00 in cash or kind, or both, for each separate game which is held.

(Code 1972, § 5.44.110; Ord. No. 458, § 11, 1977)

organizations.

With respect to organizations exempt from payment of the bank and corporation tax by revenue and taxation code section 23701(d), 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.

(Code 1972, § 5.44.120; Ord. No. 458, § 12, 1977; Ord. No. 525, § 5, 1980; Ord. No. 556, § 1, 1982; Ord. No. 893, § 5, 1991)

tax exempt organizations.

(a)

With respect to other organizations authorized to conduct bingo games pursuant to this chapter, 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. Proceeds are the receipts of bingo games conducted by organizations not within section 5.44.120.

(b)

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 20 percent of the proceeds before the deduction for prizes, or $2,000.00 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; and

(3)

Such proceeds may be used to pay the license fees required by this chapter.

(Code 1972, § 5.44.125; Ord. No. 893, § 6, 1991)

No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game.

(Code 1972, § 5.44.130; Ord. No. 458, § 13, 1977)

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. Each license issued under this chapter shall be issued to an authorized member acting on behalf of a qualifying organization, pursuant to section 5.44.020, to conduct such games at a specified location and shall, in no event, be transferable from one organization to another or from one location to another. This section does not preclude the employment of security personnel who are not members of the licensee organization at such bingo game by the organization conducting the game. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games as provided in sections 5.44.120 and 5.44.125.

(Code 1972, § 5.44.140; Ord. No. 458, § 14, 1977; Ord. No. 525, § 6, 1980; Ord. No. 893, § 7, 1991)

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

(Code 1972, § 5.44.150; Ord. No. 458, § 15, 1977)

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 building department of the city in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.

(Code 1972, § 5.44.160; Ord. No. 458, § 16, 1977)

A licensee shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purposes for which the licensee is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, 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 or obtains use of donated property, used by it for an office or for performance of the purposes for which the licensee is organized. Nothing in this section shall be construed to require that the property owned or leased by, or whose use is donated to, the organization, be used or leased exclusively by or donated exclusively to such organization.

(Code 1972, § 5.44.170; Ord. No. 893, § 8, 1991; Ord. No. 458, § 17, 1977)

Minors shall not be allowed to participate in any bingo game.

(Code 1972, § 5.44.180; Ord. No. 458, § 18, 1977)

No person who is obviously intoxicated shall be allowed to participate in a bingo game.

(Code 1972, § 5.44.190; Ord. No. 458, § 19, 1977)

No licensee shall conduct any bingo game more than six hours out of any 24-hour period. No bingo game shall be conducted between the hours of 2:00 a.m. and 10:00 a.m. of any day.

(Code 1972, § 5.44.200; Ord. No. 458, § 20, 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.

(Code 1972, § 5.44.210; Ord. No. 458, § 21, 1977)

It is a misdemeanor under section 326.5(b) of the penal code of the state for any person to receive or pay a profit, wage or salary from any bingo game authorized under this chapter except as provided in this chapter. A violation of this section is punishable by a fine not to exceed $10,000.00, which fine shall be deposited in the general fund of the city.

(Code 1972, § 5.44.220; Ord. No. 458, § 22, 1977; Ord. No. 525, § 7, 1980; Ord. No. 556, § 3, 1982)

The city may bring an action in a court of competent jurisdiction to enjoin a violation of section 326.5 of the penal code or of the provisions of this Code relating to bingo games.

(Code 1972, § 5.44.230; Ord. No. 458, § 23, 1977)

(a)

The licensee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other aspect of bingo games authorized by this chapter. The city, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time and licensee shall fully cooperate with the city by making such records available.

(b)

On or before the 15th day of each month, the licensee shall file with the finance director a full and complete financial statement on a form to be provided by the finance director of all moneys collected, disbursed and the amount remaining for charitable purposes as a result of all bingo games conducted by it during the preceding month.

(Code 1972, § 5.44.240; Ord. No. 525, § 8, 1980; Ord. No. 893, § 9, 1991; Ord. No. 1009, §§ 1(part), 2(part), 1995)