Rialto Municipal Code Ch. 5.64 Bingo Games

As used in this chapter, "bingo" means 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. As used in this chapter, the game of bingo also includes cards having numbers or symbols which 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 such preprinted cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance."

(Ord. 983 (part), 1986)

Bingo games shall be allowed for the benefit of organizations exempted from the payment of the bank and corporation tax by Section 23701D of the State Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954, and mobile home park associations and senior citizens' organizations, provided that the proceeds of such games are used only for charitable purposes.

(Ord. 983 (part), 1986)

No individual, corporation, partnership or other legal entity shall conduct a bingo game without first obtaining a license from the chief licensing officer.

(Ord. 983 (part), 1986)

Written application for a license required by this chapter shall be made by affidavit under penalty of perjury and filed with the licensing officer on a form supplied by the licensing officer. Such application shall contain:

A. The name of the organization;

B. The names, signatures, addresses, dates of birth, driver's license numbers and expiration dates, and Social Security account numbers for the officers of the organization;

C. The days and hours of operation of the bingo games;

D. A copy of the certificate of letter from the Franchise Tax Board evidencing exempt status under Sections 23701a , 23701b, 23701d, 23701e, 23701f, 23701g or 23701-1 of the Revenue and Taxation Code if so exempt;

E. The address of the premises where bingo games will be conducted;

F. A statement of ownership or lease of the premises or other evidence of authority to conduct bingo games at the address indicated;

G. The purposes for which such premises are used by the applicant organization;

H. A statement of ownership of the bingo equipment used in the operation of bingo games at the address indicated;

I. A statement of consent to examination and audit by the city administrator, the city licensing officer or any other person duly authorized by the city council, of any and all records and bank account(s) kept by the licensee pursuant to Section 5.64.100 of this chapter;

J. The name of each individual, corporation, partnership or other legal entity which has a financial interest in the conduct of the bingo games;

K. The name of the person responsible for the operation of the bingo games;

L. Such further information as may be required by the licensing officer to effectuate the purposes of this chapter.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

Upon receipt of the completed application and the fee, the licensing officer shall refer the same to interested departments of the city, including but not necessarily limited to, the city administrator, city attorney, development services, administrative services, police and fire departments for investigation as to whether or not all the statements in the application are true and whether or not 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 requirements. Any licensee or applicant shall be subject to investigation at any time and applicants for renewal of a license shall be investigated in the same manner as an applicant for a new license.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city, the licensing officer shall issue a license to said applicant, which shall contain the following information:

A. The name and nature of the organization to which the license 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 date of the expiration of such license;

E. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Ord. 983 (part), 1986)

Whenever it appears to the city licensing officer that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, he/she shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo games until such time as the licensee has complied with all provisions and requirements of this chapter.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

A. Any holder of a license whose license is revoked under this chapter shall have the right, within fifteen days after receiving notice in writing of the revocation, to file a written appeal to the city council. Such appeal shall set forth the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within thirty days after its receipt by the city, or at a time thereafter agreed upon, and shall cause the appellant to be given at least ten 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 his/her appeal. The determination of the city council on the appeal shall be final.

B. Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred and fifty dollars in cash or in kind, or both, for each separate game which is held.

(Ord. 983 (part), 1986)

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 licensee shall keep and preserve for a period of three years, full and accurate records of the total receipts, disbursements, income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by each separate license issued pursuant to this chapter. The city administrator, city licensing officer or other city council appointee shall have the right to examine and audit such record at any reasonable time, and the licensee shall fully cooperate with the city by making such records available.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

No individual, corporation, partnership or other legal entity, except the licensee, shall hold a financial interest in the conduct of any bingo game licensed under this chapter.

(Ord. 983 (part), 1986)

A bingo game shall be operated and staffed only by members of the licensee's organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision, or any other phase of such game.

(Ord. 983 (part), 1986)

Licenses are not transferable and there are no rebates if the bingo operation licensed under this chapter is discontinued during the period for which the license was issued.

(Ord. 983 (part), 1986)

A. The licensee shall furnish the city licensing officer with the names and residence addresses of all of its members. The members who staff or operate the games shall furnish the city licensing officer with such information as he/she reasonably requires to determine that they are of good moral character. Persons determined by the city licensing officer not to be of good moral character shall not operate or staff a game.

B. The city licensing officer, through the chief of police, shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for purposes of determining those who have been convicted within the past five years of crimes involving illegal lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude, and to present such information at any bingo permit hearing; provided, however, that if the city licensing officer shall find that any person investigated does, in fact, have a criminal record, such person shall be notified prior to such permit hearing and may withdraw as a participant, applicant or operator prior to the hearing. If such person shall withdraw, the city licensing officer shall not disclose such person's criminal record, but such person shall not, at any time in the future, be permitted to participate in any way in any bingo operation licensed under this chapter.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

Any organization member who is denied eligibility by the city licensing officer to operate a bingo game on the basis of moral character shall have the right, within fifteen days after receiving notice in writing of the denial, to file a written appeal to the city council. Such appeal shall set the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within thirty days after its receipt by the city, or at a time thereafter agreed upon, and shall cause the appellant to be given at least ten days' written notice of such hearing. At the hearing, the appellant or his/her authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his/her appeal. The determination of the city council on the appeal shall be final.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

All bingo games licensed under this chapter shall be open to the public and not just to members of the licensee's organization.

(Ord. 983 (part), 1986)

Prior to commencing the operation of any bingo games licensed under this chapter, the requirements of Section 5.04.220 of this code shall be strictly observed and complied with.

(Ord. 983 (part), 1986)

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 chief building official of the city in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

A licensee shall conduct a bingo game only on property used by such organization for an office, meeting place, or for performance of the purposes for which the organization is organized. The license 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, meeting place, or as a place for performance of the purpose for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter, when it again acquires property used by it for an office, meeting place or for performance of the purposes for which the organization is organized.

(Ord. 983 (part), 1986)

All equipment used in the operation of bingo games shall be owned by the licensee authorized to conduct such bingo games.

(Ord. 983 (part), 1986)

No person under the age of eighteen years of age shall be licensed or allowed to operate or participate in any bingo games licensed under this chapter.

(Ord. 983 (part), 1986)

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

(Ord. 983 (part), 1986)

No licensee shall conduct any bingo game licensed under this chapter more than six hours out of any twenty-four-hour period. No bingo game licensed under this chapter shall be conducted between two a.m. and ten a.m.

(Ord. 983 (part), 1986)

No person shall be allowed to participate in a bingo game licensed under this chapter unless the person is physically present at the time and place in which the bingo game is being conducted.

(Ord. 983 (part), 1986)

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

(Ord. 983 (part), 1986)

Each license that is issued to organizations which qualify as provided in this chapter shall be issued a license not to exceed one year in duration. Licensees are required to reapply within ten working days following the expiration of the previous license. If licensee fails to reapply within the ten working days' period following expiration of the license, they may be required to apply as an original applicant.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

The fee for a license shall be fifty dollars, payable at the time of issuance and each renewal thereof.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

Within thirty days following expiration of the period of the license, each licensee shall file a report made under penalty of perjury with the licensing officer containing the following information:

A. Any changes in or additions to the information required in the application;

B. The total amount of money received from the operation of the bingo games in the previous fiscal year;

C. The total amount paid out in prizes.

(Ord. 983 (part), 1986)

A. Any person who, through negligence, violates any provision of this chapter shall be subject to a civil penalty of fifty dollars for each such violation or revocation of the license granted hereunder or both such civil penalty and loss of said license.

B. Any person violating any provision of this chapter fraudulently or with intentional disregard of the provisions thereof shall be guilty of a misdemeanor and subject to a fine of not more than one thousand dollars or imprisonment in the county jail for not more than six months, 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.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)