Redondo Beach Municipal Code Ch. 26 Bingo Games for Charitable Purposes

As used in this chapter, "bingo" shall mean a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card that conform to numbers or symbols selected at random. The game of bingo shall include cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All preprinted cards shall bear the following statement in a typeface of 12 points or larger: "For sale or use only in a bingo game authorized under California law and pursuant to local ordinance."

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by § 1, Ord. 2344 c.s., eff. October 27, 1982, and § 1, Ord. 2729 c.s., eff. May 19, 1994)

Organizations exempted from the payment of the bank and corporations tax by subsections (a), (b), (d), (e), (f), (g), and (l) of Section 23701 of the Revenue and Taxation Code of the State, mobile home park associations, and senior citizens organizations shall be eligible to apply to the City for a permit to conduct bingo games in the City under the provisions of Section 326.5 of the Penal Code of the State and the provisions of this chapter; provided, however:

(a) Such permit shall be issued only to organizations which are located in the City;

(b) Such organizations shall have been chartered, incorporated, or organized at least five years prior to the date of an application for a bingo permit; and

(c) The proceeds of such games shall be used only for charitable purposes.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by § 1, Ord. 2619 c.s., eff. June 20, 1991)

Eligible organizations desiring to obtain such permits to conduct bingo games in the City shall file an application in writing therefor with the License and Collection Department on a form to be provided by the Department. The issuing authority shall be the City Manager or authorized representative. The permit issued shall be for a term of one year after the date of issuance. The renewal of a permit shall be subject to a new application therefor.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977)

No permit to conduct bingo games shall be issued to any organization unless such applicant is an eligible organization under Section 4-26.02 of this chapter and the application of such organization conforms to the requirements, terms, and conditions of this chapter.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977)

An application for a permit to conduct bingo games shall contain the following:

(a) The name of the applicant organization and a statement that the applicant is an eligible organization under Section 4-26.02 of this chapter;

(b) The names and signatures of at least two officers of the applicant organization;

(c) The particular property within the City, including the street number, owned or leased by the applicant and used by such applicant for an office or for the performance of the purposes for which the applicant is organized and on which property the bingo games will be conducted, together with the occupancy capacity of such place;

(d) The proposed days of the week or dates and the hours of the day for the conduct of bingo games;

(e) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code of the State and this chapter, as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked by the City Manager upon the violation of any such provisions;

(f) Such other information deemed necessary by the City Manager in order to render a decision;

(g) Such application shall be signed by the applicant under penalty of perjury;

(h) The annual permit fee shall accompany the application;

(i) The applicant shall also submit, where applicable, a Certificate or Determination of Exemption or a letter of good standing from the Exemption Division of the Franchise Tax Board of the State, showing exemption under one of the eligible Revenue and Taxation Code sections referred to in Section 4-26.02 of this chapter; and

(j) On the occasion of the submission of an application for the renewal of the permit, the applicant shall submit a detailed accounting showing full information as to all receipts and expenditures of funds arising out of the bingo operations and shall further show the utilization by the permittee of the profits from such operations.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977)

Upon the receipt of the completed application and the fee, the License and Collections Department shall refer the application to interested departments of the City, including, but not limited to, the City Manager, City Attorney, Police Department, Fire Department, and Community Development Department, for investigations as to whether or not all the statements in 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 be conducted as to fire, occupancy, and other applicable restrictions. A period of not less than 30 days shall be allowed for the purpose of conducting such investigations.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by § 1, Ord. 3108 c.s., eff. February 8, 2013)

Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the City, the City Manager, or authorized representative, shall issue a permit to such applicant, which permit shall contain the following information:

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

(b) The address 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 days of the week and hours during which bingo games may be conducted pursuant to such permit;

(e) The date of the expiration of such permit;

(f) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter; and

(g) The permittee shall cause the permit to be visibly posted in a conspicuous place upon the premises where bingo games are authorized to be conducted and shall immediately produce such permit for inspection upon the demand of any police officer or representative of the City Manager.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by § 2, Ord. 2619 c.s., eff. June 20, 1991)

(a) Whenever it appears to the City Manager that the permittee is conducting bingo games in violation of any of the provisions of this chapter or that the permit was obtained by fraudulent representation, the permit may be revoked; provided, however, the permittee may appear before the City Manager at the time fixed by the City Manager for the purpose of presenting evidence why the permit should not be revoked. No permit 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 such permittee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the revocation.

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

(§ 1, Ord. 2214 c.s., eff. September 7, 1977)

(a) Any holder of a permit whose permit is revoked under this chapter shall have the right, within 10 days after receiving a notice in writing of the revocation, to file a written appeal to the Council. Such appeal shall set forth the specific grounds on which it is based. The Council shall hold a hearing on the appeal within 30 days after its receipt by the City, or at a time thereafter agreed upon, and shall cause the appellant to be given at least 10 days' written notice of such hearing. At the hearing the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of the appeal. The determination of the Council on the appeal shall be final.

(b) Any organization whose permit is finally revoked may not again apply for a permit to conduct bingo games in the City for a period of one year after the date of such revocation; provided, however, if the ground for the revocation is the cancellation of the exemption granted under the Revenue and Taxation Code of the State, such organization may again apply for a permit upon proof of the reinstatement of such exemption.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977)

The total value of prizes awarded during the conduct of any bingo game shall not exceed Two Hundred Fifty and no/100ths ($250.00) Dollars in cash or kind, or both, for each separate game which is held. No more than one bingo game shall be conducted by a permittee hereunder at any given time.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by § 1, Ord. 2287 c.s., eff. March 6, 1980, § 3, Ord. 2619 c.s. eff. June 20, 1991, and § 2, Ord. 2729 c.s., eff. May 19, 1994)

(a) With respect to organizations exempt from the payment of the bank and corporation tax by subsection (d) of Section 23701 of the Revenue and Taxation Code of the State, 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. Such profits shall be used only for charitable purposes.

(b) With respect to other organizations authorized to conduct bingo games pursuant to this chapter, 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. Such proceeds shall be used only for charitable purposes, except as follows:

(1) Such proceeds may be used for prizes; and

(2) A portion of such proceeds, not to exceed 20% of the proceeds before the deduction for prizes, or Two Thousand and no/100ths ($2,000.00) Dollars, whichever is less, may be used each month for the rental of real property and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel.

(c) The permittee shall keep by separate books full and accurate records of the gross receipts received and expenses disbursed in connection with its operation, conduct, promotion, supervision, or any other phase of bingo games authorized by this chapter. The City, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time, and the permittee shall fully cooperate with the City by making such records available.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by § 2, Ord. 2287 c.s., eff. March 6, 1980, § 1, Ord. 2489 c.s., eff. January 20, 1988, § 4, Ord. 2619 c.s., eff. June 20, 1991, and § 3, Ord. 2729 c.s., eff. May 19, 1994)

(a) On or before the twentieth day of each month, the permittee shall deliver a report showing such gross receipts and expenses for the previous month to the City Tax Collector in such detail and in such form as the City Tax Collector shall determine. The report shall be signed under penalty of perjury by the Chief Financial Officer of the permittee.

(b) The permittee shall accompany each monthly report with the payment of an additional fee of 1% of the gross receipts for such month other Five Thousand and no/100ths ($5,000.00) Dollars derived from bingo games.

(§ 5, Ord. 2619 c.s., eff. June 20, 1991)

No individual, corporation, partnership, or other legal entity, except the permittee, shall hold a financial interest in the conduct of such bingo games.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by § 5, Ord. 2619 c.s., eff. June 20, 1991)

Bingo games shall be operated and staffed only by members of the permittee organization or its allied organizations which qualify in accordance with Section 4-26.02. Such members shall not receive a profit, wage, or salary from any bingo game. Only the permittee shall operate such game or participate in the promotion, supervision, or any other phase of such game.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by §§ 5, 6, Ord. 2619 c.s., eff. June 20, 1991)

All bingo games shall be open to the public, not just to the members of the permittee organization.

No admission fee shall be charged for entry onto the bingo premises.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by § 5, Ord. 2619 c.s., eff. June 20, 1991)

No permittee shall conduct any bingo game more than 14 hours out of any 24 hour period. No bingo game shall be conducted before 10:00 a.m. nor after 11:59 p.m. of any day. No permittee shall conduct bingo games more than three days each calendar week.

(§ 1, Ord. 2214, c.s., eff. September 7, 1977, as amended by § 1, Ord. 2260 c.s., eff. December 13, 1978, and §§ 5, 7, Ord. 2619 c.s., eff. June 20, 1991)

Notwithstanding that bingo games are 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 Fire Department and Community Development Department in accordance with applicable laws and regulations. The permittee shall not reserve seats or space for any person.

(§ 1, Ord. 2214, c.s., eff. September 7, 1977, as amended by § 5, Ord. 2619 c.s., eff. June 20, 1991, and § 1, Ord. 3108 c.s., eff. February 8, 2013)

Permittees shall conduct bingo games only on property owned or leased by the permittee for 90 or more days prior to the date of the application and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. The permit issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for the performance of the purposes for which the permittee is organized, the permit shall have no further force or effect. A new permit may be obtained by an eligible organization, upon an application under this chapter, when such organization again owns or leases property used by it for an office or for the performance of the purposes for which the organization is organized.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by § 5, Ord. 2619 c.s., eff. June 20, 1991)

No person under the age of 18 years of age shall be allowed to participate in any bingo game nor be permitted upon any premises where alcoholic beverages are being served or offered in conjunction with the conduct of any bingo game.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by § 5, Ord. 2619 c.s., eff. June 20, 1991)

No person who is obviously intoxicated shall be allowed to participate in a bingo game.

(§ 1, Ord. 2214, c.s., eff. September 7, 1977, as amended by § 5, Ord. 2619 c.s., eff. June 20, 1991)

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.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by § 5, Ord. 2619 c.s., eff. June 20, 1991)

Upon filing an application for the initial permit or renewal, the applicant shall pay a permit fee of Fifty and no/100ths ($50.00) Dollars. If an application for a permit is denied, one-half of the permit fee shall be refunded to the applicant organization.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by §§ 5, 8, Ord. 2619 c.s., eff. June 20, 1991, as amended by § 1(38), Ord. 2844 c.s., eff. November 4, 1999)

No person shall interfere with, prevent, or refuse to permit a police officer or representative of the City Manager, or designee, to make an inspection or examination of any premises where bingo games are authorized to be conducted for the purposes of determining whether the permittee is complying with the provisions of California Penal Code Section 326.5 and the provisions of this chapter.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by § 5, Ord. 2619 c.s., eff. June 20, 1991, and § 4, Ord. 2729 c.s., eff. May 19, 1994)

It shall be a misdemeanor under subsection (b) of Section 326.5 of the Penal Code of the State for any person to receive or pay a profit, wage, or salary from any bingo game authorized under this chapter, a violation of which shall be punishable by a fine not to exceed Ten Thousand and no/100ths ($10,000.00) Dollars, which fine shall be deposited in the General Fund of the City.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by § 5, Ord. 2619 c.s., eff. June 20, 1991)

The City may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code of the State or of this chapter.

(§ 1, Ord. 2214 c.s., eff. September 7, 1977, as amended by § 5, Ord. 2619 c.s., eff. June 20, 1991)