Redlands Municipal Code Ch. 5.16 Bingo

As used in this chapter:

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, and shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for disbursement of prizes.

MINORS: All persons defined as such by Civil Code section 25.1.

NONPROFIT ORGANIZATION: An organization exempted from the payment of bank and corporation tax by sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 237011 of the Revenue and Taxation Code.

PRIZES: Cash, kind, or both for each separate game which is held. (Ord. 1916 § 2, 1986: prior code § 51600)

No person other than a nonprofit organization may conduct bingo games. A nonprofit organization may conduct bingo games only after having first obtained a license from the city's finance director, or the director's designee, pursuant to this chapter, and provided that the receipts of such games may be used only for charitable purposes. (Ord. 2684 § 5, 2007: Ord. 1916 § 3, 1986: prior code § 51601)

A license fee of fifty dollars ($50.00) annually shall be payable upon the filing of an application for license or for renewal of a license. If an application for a license is denied, the applicant shall receive a refund of twenty five dollars ($25.00). (Ord. 1916 § 4, 1986: prior code § 51602)

Applicants for bingo games shall file a written, signed, and acknowledged application with the city's finance director, or the director's designee, showing:

A. The name and address of applicant;

B. The dates, hours, and location where the bingo games will be operated;

C. The name or names of the person or persons having the management or supervision of such games;

D. Such other reasonable information as may be required as to the identity or character of the applicant, manager, members of the applicant operating such games;

E. The maximum number of participants expected on the premises;

F. Proof by copy of exempt status issued by the California state franchise tax board. (Ord. 2684 § 5, 2007: prior code § 51603)

After making and filing the application, the city's finance director, or the director's designee, shall refer the application to the planning department, building and safety department, the fire chief, and the chief of police for investigation. The planning department, the fire chief, and police chief shall make reports on their findings, together with a recommendation as to whether or not the applicant shall be granted a license to the city's finance director, or the director's designee, within ten (10) working days after the application was referred to them. The license shall be issued for not longer than one year and shall specify maximum number of participants permitted on the premises. The license may be renewed each succeeding year by filing application therefor at least thirty (30) days prior to the expiration of the license period. (Ord. 2684 § 5, 2007: prior code § 51604)

Every licensee shall display the license issued by the city in a conspicuous place on the premises where the bingo games are conducted. (Prior code § 51612)

Each license issued hereunder shall be issued to a specific nonprofit organization and shall in no event be transferable from one organization to another. (Prior code § 51613)

The city council may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any licensee and may temporarily suspend, for a period not exceeding one year, or revoke the permit of any licensee which commits any one or more of the acts or omissions constituting grounds for disciplinary action under this chapter. (Prior code § 51614)

It shall be a ground for denial, revocation, or other disciplinary action of any applicant, licensee, the agent, or employee, or any person connected or associated with the applicant or licensee as partner, director, officers, stockholder, general manager, or person exercising managerial authority of or on behalf of the licensee if such organization or person has:

A. Knowingly made any false, misleading, or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed with the city; or

B. Violated any provision of this chapter or of any statute relating to the permitted activity; or

C. Been convicted of a felony or any crime involving moral turpitude; or

D. Committed any unlawful, false, fraudulent, deceptive, or dangerous act while conducting permitted bingo games; or

E. Violated any rule or regulation adopted by the city council relating to the licensed bingo games; or

F. Conducted the permitted bingo games in a manner contrary to the peace, health, safety, and general welfare of the public; or

G. Failed to comply with zoning and building and safety regulations of the city, the health department, and the fire chief or the police chief. (Ord. 1916 § 8, 1986; prior code § 51615)

If any applicant, licensee, the agent or employee, or any person connected or associated with the applicant or licensee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority on behalf of the licensee is convicted in any court of the violation of any law regulating any activity at the licensee's business premises, the council may revoke such license forthwith without any further action thereon other than giving notice or revocation to the licensee. (Prior code § 51616)

An applicant or licensee may, within ten (10) days after service of a written notice of denial of a license or suspension or revocation of his license, file a request for a hearing with the city council. The request for a hearing shall be in writing and signed by or on behalf of the applicant or licensee. It need not be verified or follow any particular form. Failure to file such a request for a hearing shall constitute a waiver of the licensee's right to a hearing. (Prior code § 51617)

A. Continuing Operation Of Bingo Games: Pending the final determination of a proceeding for revocation or suspension of a license, a licensee may continue to operate bingo games for the period of his license or until the council makes such final determination.

B. Renewal; Effect Of Pendency Or Proceeding To Suspend Or Revoke License: A licensee may file an application for renewal of a license pursuant to section 5.16.050 of this chapter accompanied by the required fee. Renewal application should be filed at least thirty (30) days prior to expiration of the license period. In the event a renewal application is filed during the pendency of a proceeding to suspend or revoke the license, such filing shall continue such license in full force and effect until the entry of the final order by the city council terminating proceedings. Failure of the council to revoke, suspend, limit, or condition the license shall have the effect of granting such license. The application for renewal shall become a part of the pending proceeding and be subject to all evidence which has been or is thereafter presented. No further notice to the applicant is required and the city council is authorized to consider and make findings upon such application in accordance with this chapter. (Prior code § 51618)

A bingo game shall be conducted only on property owned or leased by the nonprofit organization, or property whose use is donated to the organization, and which property is used for such organization for an office or for performance of the purposes for which the organization is organized. The bingo game shall be operated and staffed only by members of the nonprofit organization which organized the game. Such members shall not receive a profit, wage, or salary from any bingo game. Only the organization licensed to conduct the bingo game shall do so. No bingo game may be conducted between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M., or may last more than five (5) hours in any twenty four (24) hour period. The number of bingo sessions may not exceed ten (10) such sessions in any calendar month. (Ord. 1916 § 5, 1986: prior code § 51605)

The consumption or possession of alcoholic beverages shall be prohibited in any room being utilized to conduct the bingo game. (Ord. 1916 § 6, 1986: prior code § 51605.1)

No person who is obviously intoxicated shall be allowed to participate in any bingo game. (Prior code § 51606.2)

No individual, corporation, partnership, nor other person or legal entity except the organization licensed to conduct a bingo game shall hold a financial interest in the conduct of the bingo game. However, this shall not preclude the employment of security personnel who are not members of the licensed organization at such game by the organization conducting the game. (Ord. 1916 § 7, 1986: prior code § 51606)

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. Records required by this section shall be retained for a period of three (3) years. The licensee shall maintain a record of all receipts derived from bingo games and cash disbursement thereof including those disbursements awarded as prizes of each game. The licensee's books and records shall be available for inspection upon reasonable notice. No licensee may expend funds to publicize its bingo games except for small signs or handbills. (Prior code § 51607)

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. (Prior code § 51608)

All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization. (Prior code § 51609)

The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held. (Prior code § 51610)

No minor shall be allowed to participate in any bingo game. (Prior code § 51611)

It is unlawful for any person or persons to sign a fictitious name or fictitious address in connection with applications submitted pursuant to this chapter. (Prior code § 51619)

Any person violating any provision of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than five hundred dollars ($500.00) or both such fine and imprisonment; provided, however, pursuant to subsections (b) and (c) of section 326.5 of the Penal Code, any person receiving a profit, wage, or salary from any bingo game authorized by section 19 of article IV of the state constitution and this chapter shall be guilty of a misdemeanor and shall be punishable by a fine not to exceed ten thousand dollars ($10,000.00). (Prior code § 51620)