Port Hueneme Municipal Code Part J Bingo Games

For the purpose of this Part, the following definitions shall apply:

(a) "Bingo game" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers of symbols selected at random.

(b) "Eligible organization" means an organization described in Section 326.5 of the Penal Code as being qualified to obtain a permit to conduct bingo games, which has its principal office, its place of worship, or at least 25% of its regular members reside, operate businesses or are employed within the boundaries of the City.

(c) "Permittee" means an eligible organization who has received a permit to operate bingo games in the City.

Bingo games for charitable purposes conducted by Permittees are hereby authorized pursuant to Section 19, Article IV of the California Constitution, if conducted in accordance with Section 326.5 of the Penal Code and the provisions of this Part.

No person or organization shall engage in, carry on, maintain, conduct or cause to be engaged in, carried on, maintained or conducted a bingo game in the City without first having secured a permit (hereafter "Permit") in accordance with the requirements of this Part.

Every organization desiring a Permit shall file an application with the City Manager upon an application form to be provided by him. The application shall include:

(a) The name, address and telephone number of the applicant; the nature of the organization, and a full statement of supporting facts demonstrating that the applicant is an eligible organization as defined herein;

(b) The names and addresses of all officers and directors of the applicant;

(c) A list of the names of all members of the applicant who will operate and staff bingo games, and the date they became members;

(d) A detailed proposed schedule of the date, hours and location for such games;

(e) The occupancy capacity of such location;

(f) A detailed description of the record system to be utilized to account for the receipts, prizes, expenses and profits of each bingo game;

(g) The depository and authorized signatures of the special bank accounts required pursuant hereto;

(h) A statement of specific charitable purposes to which the bingo proceeds will be devoted of which not less than twenty-five percent (25%) will be devoted to charitable purposes within the City;

(i) The maximum number of players to be allowed at any time;

(j) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this Part, as they now exist or may be amended from time to time, and agrees that the Permit to conduct bingo games may be revoked upon violation of any such provisions;

(k) The address to which notice, when required, is to be sent or mailed, and the names of any individual or individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the applicant;

(l) The application shall be signed by at least two officers, including the presiding officer of the applicant;

The application shall be verified as provided in the Code of Civil Procedure for the verification of pleadings in judicial actions.

A filing and processing fee shall be paid contemporaneously with the filing of each application for a Permit in the sum of fifty dollars ($50.00). If an application for a Permit is denied, one-half of such fee paid shall be refunded to the applicant.

Upon receipt of an application for a Permit, with evidence of payment of the required fee, the City Manager shall:

(a) Issue a dated receipt showing the location for which the application is made; and

(b) Transmit copies of the application to all interested departments of the City, to determine if the requirements of all applicable laws, including but not limited to the Code, have been, or will be, met.

Every Department Head to whom an application for a Permit is referred shall, in writing, advise the City Manager of all material facts necessary to determine whether the Permit should be granted, granted subject to conditions, or denied. Each report shall contain recommendations relating to approval, conditional approval or disapproval of the application. Any Department Head to whom an application is referred may require from the applicant such additional information as deemed necessary.

The City Clerk shall set an application for a Permit for a hearing not sooner than forty-five (45) days after receipt of such application.

The City Clerk shall give notice to the applicant, and any other person requesting such notice, of the time and place of such hearing at least fifteen (15) days in advance of the date set therefor.

At the time of the hearing, the City Clerk shall allow the applicant and any other interested person to present any relevant evidence relating to the question of whether the application for a Permit should be approved, conditionally approved or denied. The City Manager shall observe the substance of the rules of evidence used in judicial proceedings to the end that the matter will be resolved upon reliable evidentiary material.

Subsequent to the hearing on an application, the City Manager shall determine whether the same shall be approved, conditionally approved or denied. He shall approve an application if he finds (1) that the applicant is an eligible organization as defined herein; (2) that the location proposed for such use is permitted pursuant applicable law, including but not limited to the provisions of this Code; and (3) that the use, if permitted at the location proposed, will not unreasonably interfere with the peaceful use and enjoyment of surrounding and adjacent properties. If the City Manager determines that it is appropriate to condition the issuance of such a Permit to assure compliance with the provisions of this Chapter, he may impose reasonable conditions of approval upon his order authorizing the issuance of such Permit.

If the City Manager finds as a result of the evidence presented that the applicant is not an eligible organization within the meaning of the provisions of this Part or that any officer of such applicant, within the ten (10) years immediately preceding such hearing, has been convicted of a crime involving moral turpitude, or that the location is inappropriate due to adverse impacts upon surrounding and adjacent uses, or is not otherwise permitted at the location, he shall deny the application. The action of the City Manager upon any such application shall be final and conclusive, in the absence of an appeal taken in the time and manner hereinafter set forth.

If a Permit is issued, it shall contain the following information:

(a) The name and nature of the organization to whom the Permit is issued;

(b) The address of the location where bingo games are authorized to be conducted;

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

(d) The maximum number of players allowed at the location at any time;

(e) Such other information as may be necessary or desirable for the enforcement of the provisions of this Part.

Every Permittee within five (5) days after any material change in the status of the Permittee, shall notify the City Manager in writing of any such change, including, but not limited to, any changes in the list of members who will operate and staff bingo games. Said notice shall be made in writing and served upon the City Manager; such notice shall be served prior to any newly listed member operating or staffing a bingo game.

Each Permittee shall retain in its records proof of service of the notification required by this section.

(a) Manager Required. No Permittee shall engage in, conduct, carry on or allow to be conducted or carried on, in or upon any premises within the City, the operation of a bingo game unless such game is conducted under the personal direction of a Bingo Manager, holding a valid Bingo Manager Permit issued pursuant to this Part (hereafter "Manager-Permit"). A Bingo Manager shall be present on the premises during the operation of each bingo game.

(b) Permit Required. To obtain a Manager-Permit, a Permittee shall file with the City Manager a written application, therefor. The application shall set forth, in addition to such information as may be required by the City Manager, the following:

(i) A statement that neither the Permittee nor its members will receive any profit, wage, or salary or any other direct or indirect consideration from any bingo game; and

(ii) A statement that the applicant for the Manager-Permit has read and understands all of the requirements of this Part and Section 326.5 of the Penal Code with regard to conducting bingo games in the City.

(c) Compensation Restriction. No person may hold a Manager-Permit unless he is a nonsalaried, noncompensated member of a Permittee and has been a member of such Permittee for at least six (6) months prior to the filing of the application for a Manager-Permit.

(d) Permit—Fee. A filing and processing fee for a Manager-Permit application shall be in the sum of fifty dollars ($50.00), which shall be paid contemporaneously with the filing of the application. If the Manager-Permit is not issued, one-half (½) of said fee shall be returned.

(e) Bond Or Other Security Required. Prior to the granting of a Manager-Permit, the Permittee whose games are to be directed by a Bingo Manager, shall either:

(i) File and thereafter maintain with the City a good and sufficient corporate surety bond in the aggregate sum of five thousand dollars ($5,000.00) for the use and benefit of interested persons and parties, issued by a surety company approved by the City Manager; or

(ii) Deposit with the City five thousand dollars ($5,000.00) in cash, or a bank or savings and loan certificate in the sum of five thousand dollars ($5,000.00).

(f) Requirements of Bond. The bond shall be conditioned upon the payment to any person found to be entitled thereto of sum equal to any direct pecuniary loss sustained by such person, occasioned by any act of grand or petty theft or other similar wrongful act on the part of the Permittee, its agents or employees.

(i) Term of Bond. The bond shall remain in force and effect during the time that each Permit is in effect. Any surety may cancel its bond and be relieved of further liability thereunder by delivering thirty (30) days' written notice thereof to the City Manager. Such cancellation shall not affect any liability accrued thereon prior to the expiration of the said thirty (30) day period. If a bond is canceled, all Permits issued pursuant to this Part to the Permittee on such bond and its Bingo Manager, shall automatically lapse and be void and of no further force or effect, as of the effective date of such cancellation. A substitute bond may be submitted prior to the effective date of such cancellation.

(ii) Action on Bond. Any person who sustains any injury covered by a bond, in addition to any other remedy which he or she may have, may bring an action in his or her own name upon the bond for the recovery of any damage sustained. Upon such action being commenced, such bond shall not be void upon first recovery thereon but may be sued upon from time to time until the whole of the amount thereof shall be exhausted.

The Permittee shall reinstate any bond or replenish a deposit in the amount of any recovery thereunder. Failure of a Permittee to so reinstate a bond or replenish a deposit shall automatically lapse any and all Permits issued to, for or on behalf of a Permittee pursuant to this Part.

If the City Manager has reason to believe that a Permittee or a Bingo Manager is conducting, or has conducted, bingo games contrary to the provisions of this Part and/or contrary to the provisions of Section 326.5 of the Penal Code, he shall forthwith set a time and place for a hearing to determine whether such Permit or Permits should be revoked. At such hearing, any interested person may present any material evidence relating to such revocation proceeding. The burden of proof shall be upon the City to establish facts which support the conclusion that the Permittee and/or a Bingo Manager is conducting, or has conducted, bingo games contrary to the provisions of this Part or of the provisions of Section 326.5 of the Penal Code. The substance of the rules of evidence applicable to judicial proceedings shall be observed by the City Manager in the course of the hearing to the end that the matter can be decided upon reliable evidentiary material.

If as a result of the evidence presented the City Manager concludes that a Permittee or the Bingo Manager, or a Permittee, by and through its authorized agents, officers or employees, has conducted or permitted the conduct of one or more bingo games contrary to the provisions of this Part and/or of Section 326.5 of the Penal Code, he shall revoke such Permit or Permits. If he finds that no such violation has occurred, he shall dismiss such revocation proceedings. The determination of the City Manager shall be final and conclusive, in the absence of an appeal taken in the time and manner hereinafter set forth.

With respect to a Manager-Permit, if any applicant therefor, or if such a permit holder after issuance of such a Permit, is convicted, by a final judgment of a court of competent jurisdiction, of a crime involving moral turpitude, the City Manager shall either deny such application for Permit, or revoke an existing Permit. Such person shall be ineligible to hold such a Permit for a period of ten (10) years from and after the date of such final conviction, unless by competent evidence, rehabilitation is shown to have occurred, to the reasonable satisfaction of the City Manager.

Any applicant, Permittee or the holder of a Manager-Permit aggrieved by the decision of the City Manager with reference to the issuance, conditional issuance, denial or revocation of a Permit may appeal such decision to the Council under the procedures described in Article I, Chapter 4 of this Code.

All bingo games shall be open to members of the public.

No bingo game shall be conducted between the hours of midnight and 10:00 a.m. of any day; nor shall any Permittee conduct bingo games on more than two (2) calendar days per calendar week.

No admission fee, purchase or donation shall be required for entry onto the bingo premises.

Notwithstanding that bingo games shall be 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 Director of Community Development in accordance with applicable laws and regulations, or the limit stated in the Permit, whichever is less. No Permittee shall reserve, or permit reserving, seats or space for any person to play bingo.

No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place at which the bingo game is being conducted.

A Permittee shall not conduct or allow to be conducted a bingo game unless its Permit is posted at the public entrance in a conspicuous place during the conduct of any bingo game. Each Permittee shall produce and exhibit the same whenever requested to do so by any officer or employee of the City.

Each Permittee shall post a notice of the prizes to be awarded and rules of each bingo game to be played. The signs shall be conspicuously posted next to the posted Permit during the conduct of the bingo game.

No person, individual, corporation, partnership or other legal entity, except the Permittee shall have any financial interest in the conduct of the bingo game.

A bingo game authorized pursuant to this Part shall be promoted, operated, managed and staffed only by members of the Permittee. Such members shall not receive a profit, wage or salary, or any other direct or indirect consideration, from any bingo game.

A Permittee shall conduct a bingo game only on real property: (1) which is designated for that purpose by the Permit as issued; and (2) which is owned or leased by it; and (3) which shall also be used by it for its principal office and/or for performance of the purposes for which the organization exists. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

All persons who are authorized to operate or staff a bingo game shall wear on their outside clothing an identification insignia or badge not less than two inches by three inches in dimension, indicating the name and title of the staff member.

(a) Members Operating and Staffing Games. Each Permittee shall have available on the premises at all times during the conduct of bingo games a copy of the list of its members authorized to Operate and staff bingo games which has been filed with the City Manager pursuant to this Part.

(b) Use of Credit Prohibited. No Permittee shall issue chips or money to a patron on credit or loan (including but not limited to IOU's and checks to be held) nor shall any Permittee allow any person to play in a bingo game on any form of credit.

(c) Proceeds—Counting Procedure. At least two members of each Permittee shall jointly count all bingo proceeds.

(d) Proceeds—Use Restrictions.

(i) Each Permittee shall use all proceeds derived from the operation of bingo games only for purposes expressly set forth in Section 326.5 of the Penal Code; and

(ii) Such proceeds shall be disbursed by each Permittee at least quarterly for a charitable purpose, by a written check drawn on a financial institution; and

(iii) At least twenty-five percent (25%) of the proceeds derived from the operation of bingo games shall be used for charitable purposes within the City.

(e) Prizes—Maximum. The total value of prizes awarded by a Permittee during the conduct of a bingo game shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game. Any cash prize shall be paid in the form of a check drawn by the Permittee on a financial institution.

(f) Receipts for Prizes. Each Permittee shall issue a receipt to the winner of any prize, which receipts shall be numbered serially.

(g) Prizes—Recordkeeping. A record shall be kept, by the Permittee on forms approved by the City Manager, showing the name and written signature, the address, the telephone number of each prize winner, and the serial number on the receipt for the prize.

(h) Funds Proceeds To Be Kept In Separate Fund Or Account. All proceeds derived from a bingo game shall be deposited, within 24 hours, in a special account in a financial institution and shall not be commingled with any other account or funds.

(i) Accounting Requirements—Inspection Authorized.

(i) Each Permittee shall keep full and accurate records of the income received and expenses disbursed in connection with its operation of bingo games authorized by this Part. The City Manager, by and through his authorized officers, employees or staff, shall have the right to examine and audit such records at any reasonable time; each Permittee shall cooperate fully with the City Manager by making such records available.

(ii) The City Manager may demand complete detailed accounting reports to be produced by a Permittee of all of its income and expenses at any time. If any Permittee fails to render such an accounting within the time limit set by the City Manager, its Permit shall be deemed automatically suspended until such accounting is rendered.

(j) Alcoholic Beverages Prohibited. No alcoholic beverages shall be served or consumed at a location where a bingo game is conducted during the hours of operation of a bingo game.

(k) Intoxicated Persons Not To Participate. No Permittee shall allow any person who is intoxicated to participate in a bingo game.

(l) Minors Not To Participate. No Permittee shall allow any person under the age of eighteen (18) years of age to participate in any bingo game.

Where notice is required to be given pursuant to this Part, such shall be accomplished in accordance with the provisions of Section 1303 of this Code.

No person shall interfere with, prevent, or refuse to permit a peace officer to make an examination or inspection of:

(a) Any premises, upon which bingo is permitted to be played pursuant to this Part, whether that portion of the premises is open to the public or not; and

(b) Any record kept by a Permittee, or by any agent or employee thereof.

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 this Chapter.