Pomona Municipal Code § 30-292 Senior citizen organizations

(a) Pursuant to section 19, Article IV of the State Constitution and Penal Code §§ 326.3 and 326.5, the game of bingo may be played within the city, but only under the conditions set forth in the Penal Code and this chapter, to the extent it is consistent with State Law. The term "bingo," as used in this article, shall be as defined in Penal Code § 326.5(o), and shall include "remote caller bingo games," as defined and authorized pursuant to section 30-324 of this Code, unless otherwise stated.

(b) The game may be conducted only by an organization that is exempted from the payment of bank and corporation taxes by Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l or 23701w, a mobile home park association, a senior citizen organization, or a charitable organization affiliated with a school district, provided that the proceeds of such games be used only for charitable purposes, and must be in possession of a valid bingo license issued by the business license division.

(c) No minors under the age of 18 shall be allowed to participate in any bingo game.

(d) An organization 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 organization is organized. Nothing in this subsection shall be construed to require that the property be used or leased exclusively by, or donated exclusively to, such organization; provided, however, that only one organization licensed to play bingo shall use the property to conduct bingo games.

(e) All bingo games shall be open to the public, not just to the members of an authorized organization.

(f) A bingo game 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 phase of such game. This subsection does not preclude the employment of security personnel who are not members of the authorized organization at a bingo game by the organization conducting the game.

(g) 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.

(h) With respect to organizations exempt from payment of the bank and corporation tax by Revenue and Taxation Code § 23701d, all profits derived from a bingo game shall be kept in a special fund or account of the charitable nonprofit corporation 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 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 and administrative expenses; and the hiring of security personnel.

(3) Such proceeds may be used to pay license fees.

(i) Each bingo game shall be conducted by a manager who shall be responsible for the operation of the bingo game. The manager shall be present at all times during the playing of any bingo game and he or she and all of his or her staff shall be identified by a distinctive insignia or badge indicating the organization and his name and title.

(j) 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.

(k) The total value of prizes awarded during the conduct of any bingo games shall not exceed the total value permitted by State Law in cash or kind or both for each separate game which is held.

(l) No organization authorized by this article to play bingo shall conduct bingo games more often than two days per calendar week.

(m) No organization authorized by this article to play bingo shall conduct bingo games between the hours of 10:30 p.m. and 7:00 a.m.

(n) The city manager may promulgate additional rules and regulations for the conduct of bingo by licensees in furtherance of the regulation of bingo games set forth in this article.

(Code 1959, § 14.6-1; Ord. No. 2992, §§ 1—3, 1980; Ord. No. 2861, § 1; Ord. No. 3094, § 1; Ord. No. 4142, § 1, 3-7-2011)

(a) The sections of this article regulating the playing of bingo in the city shall apply to the playing of bingo by any senior citizen organization, except as follows:

(1) All senior citizen organizations playing bingo for recreational purposes shall be exempt from the payment of bingo license fees.

(2) Senior citizen organizations playing bingo in public recreational facilities for recreational purposes may be granted bingo licenses for periods up to one year. Such organizations shall conduct bingo only between 9:00 a.m. and 9:00 p.m. and shall not conduct bingo more than one day per week, nor shall any bingo session exceed six continuous hours.

(b) The following definitions shall apply to senior citizen organizations playing bingo for recreational purposes only:

Recreational purposes means the playing of bingo where no bingo card shall exceed the cost of $0.25, no person may purchase more than six bingo cards during any bingo session, no person may play more than six bingo cards during any game, all prizes shall be limited to goods only, and no prize awarded during any bingo game shall exceed the retail cash value of $5.00.

"Senior citizen organization" means any organization whose members are at least 50 years of age.

(Code 1959, § 14.6-10; Ord. No. 2935, § 1; Ord. No. 4142, § 1, 3-7-2011)