Red Bluff Municipal Code Art. I General Provisions

(A) Bingo games may be conducted in the city only by organizations exempted from the payment of the bank and corporation tax by California Revenue and Taxation Code § 23701d and by mobile home park associations and senior citizens organizations, provided that the proceeds of the games are used only for charitable purposes.

(B) 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.

(C) A violation of division (B) above shall be punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the city. A violation of any provision of this section, other than division (B) above, is a misdemeanor.

(D) The city may bring an action to enjoin a violation of this section.

(E) No minors shall be allowed to participate in any bingo game.

(F) An organization authorized to conduct bingo games, pursuant to division (A) above, shall conduct a bingo game only on property owned or leased by it, and which property is used by the organization for an office or for performance of the purposes for which the organization is organized. Nothing in this division shall be construed to require that the property owned or leased by the organization be used or leased exclusively by the organization.

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

(H) A bingo game shall be operated and staffed only by members of the authorized organization which organized it. The members shall not receive a profit, wage or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate the game, or participate in the promotion, supervision or any other phase of the game.

(I) 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 bingo game.

(J) With respect to organizations exempt from payment of the bank and corporation tax by California Revenue and Taxation Code § 23701d, all profits 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. The 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. The proceed shall be used only for charitable purposes, except as follows:

(1) The proceeds may be used for prizes; and/or

(2) A portion of the proceeds, not to exceed 10% of the proceeds after the deduction for prizes or $500 per month, whichever is less, may be used for rental of property, overhead and administrative expenses.

(K) The city may impose a license fee, not to exceed the actual cost of issuing the permit, for each license issued.

(L) 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.

(M) The total value of prizes awarded during the conduct of any bingo games shall not exceed the state limit for each separate game which is held.

(N) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

BINGO. A 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.

(O) No alcoholic beverages shall be served, consumed or possessed in any area where bingo is being played. Area is any room, or portion of a building, where bingo players are physically present and playing bingo.

(P) A licensed sponsoring organization is authorized to conduct one bingo session per week, on the day set forth in the license. A bingo session is a series of bingo games played between the hours of 8 a.m. and 12 a.m. on the authorized day.

(`61 Code, § 4A.1) (Ord. 579, passed 9-21-1976; Am. Ord. 590, passed 10-4-1977; Am. Ord. 595, passed 11-29-1977; Am. Ord. 934, passed 6-18-2002; Am. Ord. 1077, passed 10-3-2023)

Eligible organizations desiring to obtain a license to conduct bingo games in the city shall file an application in writing therefor in the Office of the Finance Director on a form to be provided by the Finance Director. The issuing authority shall be the City Manager. The license issued shall be valid unless suspended, as hereinafter provided, for a period of one year. A license may be renewed upon payment of the application fee.

(`61 Code, § 4A.2) (Ord. 579, passed 9-21-1976)

The application for a license to conduct bingo games shall be on a form provided by the Finance Director and which application form shall contain the information as may be deemed necessary by the issuing authority, including, but not limited to the following:

(A) The name of the applicant and a statement of eligibility to conduct bingo games;

(B) The names of the presiding officer and treasurer of the applicant; (The application shall be signed by the presiding officer.)

(C) A description, sufficient for identification, of the property where the bingo games will be conducted, together with the occupancy capacity of the place;

(D) The proposed day of the week and hours of the day for conduct of bingo games;

(E) An agreement that if the applicant violates any provision of this chapter, the license may be summarily revoked or suspended by the City Manager;

(F) Evidence that the organization seeking a license is eligible to conduct bingo games;

(G) An agreement to submit monthly financial reports showing gross receipts, the amount of the receipts paid out as prizes, costs of conducting the bingo games and the disposition of the remaining funds; and (The report shall be on a form provided by the Finance Director and shall be submitted no later than the tenth day of the month following the month for which the report is made.)

(H) The application shall be signed under penalty of perjury.

(I) The application fee shall be paid at the time the application is made.

(`61 Code, § 4A.3) (Ord. 579, passed 9-21-1976)

Upon receipt of the completed application and the fee, the Finance Director shall refer the same to interested departments of the city, including but not limited to the City Manager, City Attorney, Police Department, Fire Marshal and Building Inspector, for investigation as to whether or not all the statements an the application are true and whether or not the property of the applicant qualifies and the extent to which it qualifies, as property on which bingo games may lawfully conducted, as to fire, occupancy and other applicable restrictions. Where bingo games are to be conducted upon leased property, a copy of the lease shall be submitted with the application for license. Any lease shall specifically delineate the extent of the leased area.

(`61 Code, § 4A.4) (Ord. 579, passed 9-21-1976)

The City Manager shall determine the form of license to be issued, which shall contain information as to the name and form of the organization to whom the license is issued, the address where the bingo games will be conducted, occupancy capacity, date of expiration of the license and other information as may be necessary or desirable for the enforcement of the provisions of this chapter. The license, when issued, shall be posted in a prominent place in the area where the bingo games are conducted.

(`61 Code, § 4A.5) (Ord. 579, passed 9-21-1976)

(A) Whenever it appears to the City Manager that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the City Manager shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.

(B) Any person who continues to conduct a bingo game after any summary suspension thereof under division (A) above shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding $500 or by imprisonment in the County Jail for a period not exceeding six months, or by both the fine and imprisonment.

(C) The order issued under division (A) above shall also notify the licensee that it shall have five days from the date of the order to request a hearing to determine whether the license shall be revoked. Failure to request, in writing, the hearing before the City Manager within the five-day period shall result in a revocation of the license.

(D) Upon the request by the licensee whose license has been suspended under division (A) above, for a hearing to determine whether the license shall be revoked, the City Manager shall provide the hearing within ten days after receipt of the request at which hearing the suspended licensee may appear before the City Manager for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of the hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.

(E) Any organization whose license is revoked under this section shall not conduct any bingo game in the city until the time as the City Council, on appeal, determines to overrule the decision of the City Manager.

(`61 Code, § 4A.6) (Ord. 579, passed 9-21-1976)

(A) (1) Whenever it appears to the City Manager that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered under § 4A.6, the license may be revoked. The licensee may appear before the City Manager, at the time fixed by the City Manager, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the licensee at the address given in the application.

(2) The notice shall set forth a summary of the grounds advanced as the basis of the revocation.

(B) Any organization whose license is finally revoked may not apply again for a license to conduct bingo games in the city for a period of one year from the date of the revocation. If the basis for revocation is cancellation of the exemption granted under any subdivision of California Revenue and Taxation Code § 23701, the organization may again apply for a license upon proof of reinstatement of the organization.

(`61 Code, § 4A.7) (Ord. 579, passed 9-21-1976; Am. Ord. 595, passed 11-29-1977)

(A) Any organization qualified to receive a license to conduct bingo games may apply for and receive licenses to operate and conduct bingo games at more than one location, but each location shall require a separate license and a separate license fee shall be paid for each location.

(B) All other provisions of this chapter shall apply to each location.

(`61 Code, § 4A.8) (Ord. 579, passed 9-21-1976)

If any section, subsection or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect that validity of the remaining portion of this chapter. The City Council hereby declares that it would have adopted this chapter and each section or division thereof, irrespective of the fact that any one or more sections or divisions be declared invalid or unconstitutional.

(`61 Code, § 4A.9) (Ord. 579, passed 9-21-1976)

In the event that the ordinance from which this chapter derives should be repealed, every license issued under the authority hereof shall be revoked upon the effective date of the repeal.

(`61 Code, § 4A.10) (Ord. 579, passed 9-21-1976)