Rio Vista Municipal Code Ch. 5.12 Bingo

This chapter is enacted pursuant to Article IV, Section 19 of the California Constitution.

(Prior code § 14-34)

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.

(Prior code § 14-35)

Pursuant to Penal Code Section 326.5, bingo games are authorized to be conducted in accordance with this chapter.

(Prior code § 14-36)

No person or organization shall conduct or participate in a bingo game which is not licensed pursuant to this chapter.

(Prior code § 14-37)

A. Each organization seeking a license to conduct bingo games shall file an application with the chief of police of the city. Each initial application and request for renewal shall be accompanied by a fee of $10. If the application for a license or a renewal thereof is denied, one-half of the fee shall be refunded to the applicant.

B. The application shall include:

1. Name of organization; names, signatures and addresses of all the officers of the organization;

2. Days and hours of operation of bingo games;

3. Copy of certificate or letter from the Franchise Tax Board evidencing exempt status under Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), or 23701(L) of the Revenue and Taxation Code, if so exempt;

4. Address of premises where bingo games will be conducted;

5. Statement of ownership or lease of premises;

6. Purposes for which such premises are used by the organization;

7. Statement of ownership of bingo equipment used in the operation of bingo games;

8. Statement of consent for chief of police to inspect any bank accounts containing profits derived from bingo games;

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

10. Name of person responsible for the operation of the bingo games;

11. Such further information as may be required by the chief of police to effectuate the purposes of this chapter;

12. The application shall be signed by the applicant under penalty of perjury.

(Prior code § 14-38)

The chief of police, fire chief and the building inspector shall investigate the applicants, and location of the proposed game to determine if the applicants meet the requirements of this chapter, and to determine if the location and times of the games comports with the public health, safety, welfare and morals.

(Prior code § 14-39)

Upon finding that the applicant meets the qualifications of this chapter, and that the location and times of the proposed game comports with the public health, safety, welfare and morals, the chief of police shall issue a license to the authorized organization setting forth the location, times, and other conditions necessary to protect the public health, safety, welfare and morals in the conduct of the game. The license issued shall be for a term of one year from the date of issuance, subject to renewal.

(Prior code § 14-40)

A. The chief of police, or assistant or deputy acting for him or her, may refuse to issue a license if it is determined that the operation of a bingo game would be injurious to the health, safety and morals of the people of the city; that the apparent mode of operation of the bingo game would not be in compliance with state or federal law, or with this code; that the apparent mode of operation of the bingo game would constitute a fire, or health or sanitary hazard, or would not be in compliance with building or zoning regulations, requirements and ordinances; that any person to be operating or assisting in the operation of a bingo game has been convicted within the past five years of a crime involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude; that there has been a wilful misstatement of fact in an application or report filed hereunder, or a negligent failure to file any report required hereunder; or that there has been any other violation of any provision of this chapter.

B. Upon denial of a license pursuant to subsection A of this section, the applicant shall be notified in writing of the denial and the reasons therefor, and the notice shall be mailed to the address of the organization as specified in the application. The applicant shall have five working days from the date notice of the police chief's decision was mailed to the applicant in which to request in writing a hearing before the city administrator to determine whether such denial was proper. Upon reception of a timely request, the city administrator shall fix a time for hearing to allow the applicant to present evidence why the application should not be denied. If, after the hearing, the city administrator deems the denial to be proper, he or she shall so notify the applicant of his or her decision and the reasons therefor and the notice shall also inform the applicant that he or she shall have the right to appeal the denial to the city council by filing written notice of appeal with the city clerk within 10 days from the date notice of the city administrator's decision was mailed to the applicant. The city council shall hold a hearing on the appeal within 30 working days after receipt of the notice by the city, or at a time thereafter mutually agreed upon and shall cause the applicant to be given at least 10 working days written notice of such hearing. At the hearing the applicant or his or her authorized representative shall have the right to present evidence and a written or oral statement, or both, in support of his or her appeal. The determination of the city council on the appeal shall be final.

(Prior code § 14-41)

A. Whenever it appears to the chief of police that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, he or she shall report the violation or violations as soon as reasonably possible to the city administrator.

B. Upon receiving a report pursuant to subsection A of this section, the city administrator shall notify the organization in writing at the address specified in its application of the alleged violations. The notice shall also inform the organization that it may request in writing within five days from the date of mailing of the notice a hearing before the city administrator to show cause why the license should not be revoked. If no such request is made, the license shall be revoked. If the request is properly made, the city administrator shall fix a time for a hearing for the purpose of allowing the licensee to present evidence why the license should not be revoked. The city administrator shall notify the licensee in writing of his or her decision within five working days after the hearing and the notice shall be mailed to the address of the organization. If his or her decision is that revocation is proper, the notice shall also inform the licensee that he or she shall have the right to appeal the decision to the city council by filing written notice of appeal with the city clerk within 10 days from the date that the city administrator's decision was mailed to the applicant. If a written notice of appeal is not filed in a timely fashion, the license shall be revoked.

C. If an appeal to the city council is properly filed in accordance with subsection B of this section, the city council shall hold a hearing on the appeal within 30 working days after its receipt by the city, or at a time thereafter mutually agreed upon and shall give the licensee 10 working days written notice of such hearing. At the hearing the licensee or its authorized representative shall have the right to present evidence and a written or oral statement, or both, in support of the appeal. The determination of the city council on the appeal shall be final.

D. 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 from the date of revocation.

(Prior code § 14-42)

Bingo games shall be 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), and 24701(L) of the Revenue and Taxation Code, and by mobilehome park associations and senior citizens organizations, and provided that the proceeds of such games are used only for charitable purposes.

(Prior code § 14-43)

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

(Prior code § 14-44)

All bingo games shall be conducted only during the hours of eight a.m. to midnight.

(Prior code § 14-45)

No persons under 18 years of age shall be allowed to participate in any bingo game.

(Prior code § 14-46)

An organization authorized by Section 5.12.100 shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

(Prior code § 14-47)

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

(Prior code § 14-48)

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

(Prior code § 14-49)

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 such bingo game.

(Prior code § 14-50)

With respect to organizations exempt from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code, 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. 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. Such proceeds shall be used only for charitable purposes, except as follows:

A. Such proceeds may be used for prizes.

B. A portion of such 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.

(Prior code § 14-51)

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 § 14-52)

The total value of prizes awarded during the conduct of any bingo game shall not exceed $250 in cash or kind, or both, for each separate game which is held.

(Prior code § 14-53)

No person shall consume any alcoholic beverages on any premises where a bingo game is being conducted.

(Prior code § 14-54)

Licensees shall keep and maintain full, complete, and accurate records and accounts, and shall include in such accounts the amount of money obtained from players, the amount of money or type and value of prizes given for each game played, and the disposition of all funds generated by the conduct of bingo games. The city shall have the right to inspect such records at any reasonable time. The records shall be retained for such period of time as required by state and federal law and for a period of three years for purposes of this chapter.

(Prior code § 14-55)