Pismo Beach Municipal Code Ch. 5.08 Bingo

Whenever in this chapter the following terms are used, they shall have the meaning respectively ascribed to them in this section:

"Authorized organizations" refers only to:

1. Organizations exempted from the payment of bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f) and 23701(g) of the California Revenue and Taxation Code;

2. Mobile home park associations; and

3. Senior citizens organizations.

"Bingo" means any 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. (Prior code § 5.18.010)

Authorized organizations are authorized to conduct bingo games pursuant to a license issued by the director of finance of the city and in accordance with the requirements of the provisions of California Penal Code Section 326.5, which provide as follows:

A. An authorized organization 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 organization is organized. For purposes of this section, property owned or leased by the organization need not be used or leased exclusively by such organization.

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

C. All bingo games shall be open to the public and not just the members of the authorized organization responsible for the games.

D. All bingo games shall be operated and staffed only by members of the authorized 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 administrative phase of such game.

E. 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.

F. With respect to organizations exempt from payment of the bank and corporation tax by 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 co-mingled with any other fund or accounting. 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 co-mingled with any other fund or account. 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 may be used for rental of property, overhead and administrative expenses;

G. 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.

H. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. (Ord. 90-19 § 2(G) and (H), 1990: prior code § 5.18.020)

Any application for a license to conduct bingo games shall contain the following:

A. The name and address of the applicant organization;

B. A statement by the applicant that it is an authorized organization as described in Section 5.08.010;

C. A certificate or determination of exemption under Section 23701 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 23701. If the eligibility for a bingo license is not determined by Section 23701 of the Revenue and Taxation Code, then the applicant shall submit such documents as required by the director of finance;

D. The exact location and street address of the property to be used by the applicant for conducting the bingo game, and a statement that such property is owned or leased by the applicant and that such property is used by the applicant for its office or for the performance of the purpose for which the applicant is organized;

E. A statement that the applicant agrees that the city, through its authorized officers, shall have the right to examine and audit the applicant's records described in Section 5.08.050 of this chapter. (Prior code § 5.18.030)

The license fee to be charged for an annual permit to conduct bingo games by authorized organizations in the city shall be fifty dollars per annum, whether for the initial license or for renewal. If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization. Such license shall be issued only after written application for such license has been filed with the director of finance of the city. Applications shall be in writing on forms provided by the director of finance and shall be submitted to the finance department no less than fourteen days prior to issuance of the license. (Prior code § 5.18.040)

The licensee shall keep full and accurate records of the income and expenses which are authorized by this chapter. (Prior code § 5.18.050)

It is a misdemeanor for any person to receive or pay a profit, wage or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution. Any person convicted of a misdemeanor under the provisions of this section shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city. A violation of any other section of this chapter is a misdemeanor. (Prior code § 5.18.060)

No person shall violate any provisions, or fail to comply with any of the requirements of this chapter. The city is empowered to bring an action to enjoin any violation of this chapter. Any person or organization violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter, shall be guilty of a misdemeanor. Any person or organization convicted of a misdemeanor under the provisions of this chapter, shall be punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each person or organization shall be guilty of a separate offense for each and every day during any portion of which any violation or any provision of this chapter is committed, continued or permitted by such person or organization and shall be punishable accordingly. (Prior code § 5.18.070)