Pinole Municipal Code Ch. 5.32 Bingo Games

* For statutory provisions authorizing bingo games for charity, see Penal Code § 326.5; for constitutional provisions on bingo games, see California Const. Art. IV § 19(c).

Pursuant to the provisions of Section 326.5 of the Penal Code of the state of California and Section 19 of Article IV of the State Constitution, those organizations exempted from the payment of Bank and Corporation Tax by Section 23701(d) of the Revenue and Taxation Code of the state of California and a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1952, are allowed to conduct bingo games in the city of Pinole, provided the organizations have first complied with the provisions of Section 5.32.020. (Ord. 347 § 1, 1976).

Prior to an organization conducting a bingo game in the city of Pinole as allowed by this chapter, the organization shall have filed with the director of finance of the city, certificates of the Franchise Tax Board and the U.S. Internal Revenue Service that will show that the organization is currently exempted from the payment of the Bank and Corporation Tax by Section 23701(d) of the Revenue and Taxation Code and that a contribution or gift to the organization would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1952. (Ord. 347 § 2, 1976).

It shall be a misdemeanor for any person to receive a profit, wage or salary from any bingo game authorized under this chapter. A violation of this section shall be punishable by a fine not to exceed ten thousand dollars as provided in Section 326.5(c) of the Penal Code, which fine shall be deposited in the general fund of the city. (Ord. 347 § 3, 1976).

It is unlawful for any minor to participate in any bingo game authorized in this chapter. (Ord. 347 § 4, 1976).

Any nonprofit, charitable organization qualified to operate a bingo game under this chapter shall conduct such bingo game only on property owned or leased by it; provided, that such property is used by such organization for an office or for performance of purposes to which the organization is organized. (Ord. 347 § 5, 1976).

All bingo games allowed by this chapter shall be open to the public, not just to the members of the nonprofit charitable organization. (Ord. 347 § 6, 1976).

A bingo game shall be operated and staffed only by 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. 347 § 7, 1976).

It is unlawful for any individual, corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game to hold a financial interest in the conduct of such bingo game. (Ord. 347 § 8, 1976).

All profits derived from a bingo game shall be kept by the nonprofit charitable organization in a special fund or account and shall not be commingled with any other fund or account. (Ord. 347 § 9, 1976).

It is unlawful for any person to participate in a bingo game unless such person is physically present at the time and place in which the bingo game is being conducted. (Ord. 347 § 10, 1976).

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. 347 § 11, 1976).

Except as otherwise provided in Section 5.32.030, a violation of this chapter shall be an infraction. (Ord. 347 § 12, 1976).