Rancho Santa Margarita Municipal Code Ch. 6.06 Gambling

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State Law reference— Gambling, Penal Code §§ 330 et seq., 11225 et seq.

(a) Every person who, for profit, anything of value, or commercial purposes of any nature, keeps, operates, conducts, or maintains, either directly or indirectly, any house, room, apartment, dwelling place, or other place where any game, gambling, or gaming not mentioned or included in Penal Code § 330 or 330a, is played, conducted, dealt, or carried on, whether with cards, dice or any other device of whatsoever nature, for money, checks, credit, merchandise, or other representative of value, shall be guilty of a misdemeanor.

(b) Every person, either as owner, lessor, lessee, principal, agent, employee or participant or otherwise who maintains or keeps or operates or conducts directly or indirectly in whole or in part, or who directly or indirectly is in possession in whole or in part of any house, room, apartment, dwelling place or other place upon or in which any gambling, games or gaming prohibited in this section are played, conducted, dealt or carried on, and who imposes or collects a fee or anything of value for the privilege of participating in any way whatsoever in any such games, gambling or gaming, or who directly or indirectly gains or receives anything of value or any financial profit from playing, conducting, or dealing of any such games, gambling, or gaming, shall, for the purposes of this section, be deemed to be keeping, conducting, operating, and maintaining the same for profit or commercial purposes.

(c) Every person who knowingly permits any of the games, gambling or gaming that, by this section, are prohibited from being played, maintained, operated, conducted, or dealt in any house, room, apartment, dwelling place, or other place owned or rented by such person in whole or in part, is guilty of a misdemeanor.

(d) Every person who visits, frequents, participates in or knowingly permits any games, gambling or gaming that by this section are made unlawful to be played, operated, maintained, conducted or dealt in any house, room, apartment, dwelling place or other place, shall be guilty of a misdemeanor.

(e) Every person who shall place or bet at or against any of the games, gambling or gaming prohibited by this section shall be guilty of a misdemeanor.

(OCC §§ 3-5-1—3-5-4)

(a) It is unlawful for any person, firm, corporation or association, either as owner, lessee, manager, employee, agent, or servant, to conduct, manage, carry on, maintain, operate, open, deal or deal in, or cause or permit to be conducted, managed, carried on, maintained, operated, opened, dealt or dealt in, any game, operation, or transaction wherein any prize, gift, rebate, compensation, reward, award, payment or gratuity, consisting of any money, check, token, credit, goods, wares, merchandise, property, or thing of value is or is to be given, awarded, or delivered, either directly or indirectly, and wherein chance is the determining factor or is any determining factor of the result of such game, operation, or transaction, which is conducted, carried on, maintained, operated or played by the throwing, tossing, dropping, depositing or placing of any ball, marker, object, thing or substance into any perforation, hole or indentation, in or upon any surface, receptacle, container, object or thing having been marked, designated or identified thereon by or with any figure, number, character, symbol, letter, design or mark of any kind, or by the selecting, designating, turning, indicating, choosing or projecting of any such figure, number, character, symbol, letter, design or mark by means of any device, apparatus or equipment, or by any means or in any manner or by the drawing, selecting, choosing or removing from any receptacle or container of any ball, disk, object, substance or material marked, designated or identified by or with any figure, number, character, symbol, letter, design or mark, any such figure, number, character, symbol, letter, design or mark hereinabove referred to corresponding to, duplicating, referring to or relating to, in whole or in part, directly or indirectly, any figure, number, character, symbol, letter, design or mark upon any card, paper, board, fabric, surface, object, substance or thing held, used, operated or maintained by any player or participant therein or by any person, where, by any predetermination or prearrangement, or by any rule, method, scheme, design or procedure, any person is found, declared or determined to be, or is or is to be, the winner, donatee, recipient or taker of such prize, gift, rebate, compensation, reward, award, payment or gratuity, in the event that any such player or participant pays, deposits, expends, gives or pledges, either directly or indirectly, or agrees, promises or intends to pay, deposit, expend, give or pledge, either directly or indirectly, any money, check, credit, property or thing of value, or makes or agrees to make any purchase for the privilege of playing or participating therein or of gaining admission to the place or premises where such game, operation or transaction is or is to be played, conducted, carried on, maintained or operated, or to any other place or premises; provided, however, that no provision of this article shall be deemed or construed as prohibiting any act made unlawful by the provisions of Penal Code § 320, or of Penal Code § 330, or of Penal Code § 330a, or of any other Code section or general law of the State of California, it being the intent of the City Council to prohibit by this article all games, operations or transactions herein described, not prohibited by the provisions of any general law of this State, including all games, operations or transactions for profit, commonly known as keno, tango, movie tango, beano, skill ball, fortune, quintan, fascination or inspiration, and all games, operations or transactions similar thereto under whatever name they may be designated.

(b) It is unlawful for any person to participate in, play, play in or engage in, either directly or indirectly, any game, operation or transaction prohibited by the provisions of this section.

(c) It is unlawful for any person, firm, corporation or association, owning, leasing, managing, controlling or having any interest in any property or premises lying within the City to cause or permit the maintenance or operation in or on such property or premises, having knowledge, or after reasonable notice of the existence thereof, of any game, operation or transaction declared by the provisions of this section to be unlawful.

(d) Bingo games are permitted as set forth in, and subject to the requirements and conditions of, this Code.

(OCC §§ 3-4-15—3-5-18; Ord. No. 2935, § 4, 9-21-76; Ord. No. 98-15, § 27, 12-8-1998)

(a) Bingo games are hereby permitted in the City, provided such games are conducted only by organizations exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), 23701(k), 23701(l) and 23701(w) of the Revenue and Taxation Code, and by mobile home park associations, senior citizens organizations, and charitable organizations affiliated with a school district; and provided that the proceeds of such games are used only for charitable purposes, and provided a license is obtained therefore pursuant to Section 6.06.035 of this chapter. Bingo games conducted pursuant to this section must be conducted in accordance with the provisions of Section 326.5 of the Penal Code and as provided herein.

(b) Only those bingo games which have all of the characteristics of "ordinary bingo" or "pull tab bingo" set forth in this section are permitted. Pull tab bingo is permitted only in conjunction with ordinary bingo games. No cards nor prizes for pull tab bingo shall be distributed at any time other than during an ordinary bingo game. No bingo game featuring pull tab bingo exclusively is permitted.

(c) The total value of prizes available to be awarded during the conduct of any bingo games shall not exceed $500.00 in cash or kind, or both, for each separate game which is held.

(d) "Ordinary bingo" means a game with all of the following characteristics:

(1) The participants use bingo cards that are divided into 25 spaces arranged in five horizontal and five vertical rows of spaces, with each space, except the central space, being designated by a combination of a letter and a number and with the central space being designated as a free space;

(2) The participants mark or cover the spaces on the bingo cards that correspond to combinations of letters and numbers that are announced by a bingo game operator;

(3) A bingo game operator announces combinations of letters and numbers that appear on objects that a bingo game operator selects by chance, either manually or mechanically, from a receptacle that contains 75 objects at the beginning of each game, each object marked by a different combination of a letter and a number that corresponds to one of the 75 possible combinations of a letter and a number that can appear on the bingo cards;

(4) The winner of the bingo game includes any participant who properly announces during the interval between the announcements of letters and number as described in Subsection (d)(3) of this section, that a predetermined and preannounced pattern of spaces has been marked or covered on a bingo card being used by the participant;

(5) A prize is awarded to the winner or winners of the bingo game; and

(6) All or any of the participants have paid, or promised to pay, any valuable consideration for the right to participate in the bingo game, or where none of the participants have paid, or promised to pay, any valuable consideration for the right to participate in the bingo game, the total value of the prize awarded in such game exceeds $25.00.

(e) "Pull tab bingo" means a game with all of the following characteristics:

(1) The participants use cards having numbers or symbols which are concealed and preprinted in manner providing for distribution of prizes;

(2) The winning cards are not known prior to the game by any person participating in the playing or operation of the bingo game;

(3) The number or symbol or configuration of numbers or symbols on a card which will constitute a winning card, and the amount in prize money which will be awarded for each winning number, symbol or configuration of numbers or symbols, are determined before any cards in a particular game are distributed;

(4) All the preprinted cards bear the legend, "For sale or use only in a bingo game authorized under California law and pursuant to local ordinance"; and are printed with information describing the number or symbol or configuration of numbers or symbols which will constitute a winning card and the amount in prize money which will be awarded for each winning number, symbol or configuration of numbers or symbols; and are stamped with the date of distribution;

(5) The winner of the bingo game is determined by the participants' removing the material concealing the preprinted numbers or symbols on the cards;

(6) The winner of the bingo game is any participant on whose card is printed the number or symbol or the configuration of numbers or symbols predetermined to be a winning number or symbol or configuration;

(7) The prize is awarded to the winner or winners of the bingo game;

(8) The prize or prizes for each game of pull tab bingo are awarded during the same ordinary bingo game in which the cards for such pull tab bingo game are distributed; and

(9) All or any of the participants have paid, or promised to pay, any valuable consideration for the right to participate in the bingo game, or where none of the participants have paid, or promised to pay, any valuable consideration for the right to participate in the bingo game, the total value of the prize awarded in such game exceeds $25.00.

(f) An application for a license shall not be filed unless the applicant is a qualified organization which has owned or leased property within the City that was used by the applicant for the performance of the purposes for which it is organized, for at least 12 months immediately preceding the filing of such application, and the property upon which any bingo game is to be conducted is property so owned or leased by the applicant. Licensee shall inform the issuing officer of any revocation of its tax exempt status.

(g) Any organization whose bingo license has been denied or revoked may not apply for a license to conduct any bingo games for a period of one year from the date notice of such denial or revocation was served on it, or, if affirmed on appeal to the City Council, from the date of such affirmation; provided, however, if the reason for revocation is cancellation of the exemption granted under Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), 23701(k), 23701(l) and 23701(w) of the Revenue and Taxation Code, such organization may again apply for a bingo license upon proof of reinstatement of such exemption.

(h) Each licensee shall have written policies incorporated in its constitution, articles, bylaws or other regulations setting forth the manner in which a person may become a member of the organization. Absent any such written policies, it shall be presumed that the organization has no members who may operate or staff bingo games within the meaning of Section 326.5 of the Penal Code.

(i) Every member of the organization who operates or staffs bingo games or distributes cards or prizes for bingo games shall wear a distinctive identification badge bearing the name of the member and the name of the organization. Each licensee shall keep a list of members of the organization who are authorized to staff the operation of the bingo games or distribute cards or prizes for bingo games, which list shall be made available to any peace officer requesting same. Members staffing bingo games or distributing cards or prizes for bingo games shall not be paid a wage, salary or profit for such duties.

(j) The licensee shall have the bingo license, lists of approved staff and accounting documents relating to all monies collected, disbursed and distributed available to the issuing officer for inspection at all times during any bingo game and during licensee's normal business hours. The licensee shall keep full and complete accounting records supported by properly executed contracts, leases, receipts and other related documents which pertain to all monies, and other forms of income, collected in connection with the conduct of any of its bingo games, disbursed for expenditures in connection therewith and remaining or distributed for charitable purposes. Such records shall be clearly identified and readily accessible. Officials of the City shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with such officials by making such records available.

(k) The Chief of Police Services may prescribe such regulations with respect to the conduct of the games and the equipment and cards used by the licensee as he or she deems necessary to ensure the health and safety of persons and property, the fairness and integrity of the games, and the accountability of the funds collected.

(l) Any violation of this section shall be a misdemeanor punishable as set forth in Chapter 1.03 of this Code or as otherwise provided by law, including but not limited to Penal Code Section 326.5. Any violation of this section shall be grounds for revocation of the license issued for the operation of bingo games.

(m) The "issuing officer" shall be the City Manager or his designee.

(Ord. No. 10-04, § 1, 8-11-2010)

(a) The form of applications shall specify the name of the organization, frequency with which bingo games will be held, the location in which bingo games will be held, the name of the person or persons who will be responsible for the conduct of the games, the name of the person responsible for keeping the financial records of such activity, and provide for proof that the organization is exempt from the payment of bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), 23701(k), 23701(l) or 23701(l)[(w)] of the Revenue and Taxation Code, or that the organization is a mobile home park association, a senior citizens organization or a charitable organization affiliated with a school district. The City Council may, by resolution, establish an application fee for bingo licenses.

(b) The proof of exempt status in Subsection (a) of this section must consist of a copy of the application for exempt status sent to the State Franchise Tax Board, and a certified copy of the letter from the State Franchise Board granting such exempt status.

(Ord. No. 10-04, § 1, 8-11-2010)