Portola Valley Municipal Code Ch. 5.32 Bingo

It is the purpose and intent of the council in enacting the ordinance codified in this chapter to enable nonprofit organizations organized and operated exclusively for such as religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, to conduct bingo games.

(Ord. 1978-160 § 1 (3195.1), 1978)

For the purposes of this chapter, the words set out in this section shall have the following meanings:

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

B. "Charitable organization" includes only those organizations exempted from payment of the bank and corporation tax by Section 23701d of the California Revenue and Taxation Code, and a contribution or gift to which would qualify as a "charitable contribution" under Section 170 (c) (2) of the United States Internal Revenue Code of 1954.

(Ord. 1978-160 § 1 (3195.2) and (3195.3), 1978)

Only a charitable organization may obtain a license to operate or conduct a bingo game and no such charitable organization shall operate or conduct a bingo game without first obtaining a permit therefor from the chief of police.

(Ord. 1978-160 § 1 (3195.4), 1978)

Any organization applying for a bingo license shall submit with its application therefor a certification from the Franchise Tax Board of tax-exempt status under California Revenue and Taxation Code Section 23701d, and a certification from the United States Department of Internal Revenue that a contribution or gift to the applicant would be a charitable contribution under Section 170 (c) (2) of the United States Internal Revenue Code of 1954, as amended.

(Ord. 1978-160 § 1 (3195.5), 1978)

Every organization authorized to operate or conduct a bingo game for charitable purposes under this chapter shall "keep separate and accurate books and records of all income and expenses" related to the conduct of such games. The books shall be open for inspection by the chief of police, or other peace officer of this town, at all times during ordinary hours of business, and shall not in any manner be concealed from the authorities.

(Ord. 1978-160 § 1 (3195.6), 1978)

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 account.

(Ord. 1978-160 § 1 (3195.7), 1978)

A licensed charitable 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 activities within the purposes for which the organization is organized.

(Ord. 1978-160 § 1 (3195.8), 1978)

A licensed charitable organization shall not operate or conduct a bingo game between the hours of twelve o'clock midnight and eight o'clock a.m.

(Ord. 1978-160 § 1 (3195.9), 1978)

Participation in all bingo games shall be open to the general public, and may not be limited to members of the licensed charitable organization. No minors shall be allowed to participate in any bingo game. 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 game is being conducted.

(Ord. 1978-160 § 1 (3195.10), 1978)

The total value of prizes, including cash, awarded during the conduct of any one bingo game shall not exceed two hundred fifty dollars.

(Ord. 1978-160 § 1 (3195.11), 1978)

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, commission, salary, or compensation of any kind in consideration for conducting or helping to conduct any bingo game. It is a misdemeanor for any person to receive a profit, wage, commission, salary, or other compensation from any bingo game authorized in this chapter, punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the town. 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. 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 the game.

(Ord. 1978-160 § 1 (3195.12), 1978)