Rocklin Municipal Code Ch. 5.08 Bingo Game License

For the purpose of this chapter, the following words and phrases shall have the following meaning:

A. "Authorized organization" means an organization which is exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 234701l of the Revenue and Taxation Code of the state of California or which is a mobile home park association or a senior citizens' organization.

B. "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.

C. "Minor" means any person under the age of eighteen years.

(Ord. 320 § 1, 1977).

It is unlawful for any person to conduct any bingo games in the city unless such person is an authorized organization, has been issued a license as provided by this chapter, and the proceeds of such games are used only for charitable purposes.

(Ord. 320 § 2, 1977).

A. Application for license shall be made to the police chief on forms prescribed by him and shall be filed not less than thirty days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at least the following:

1. The name of the applicant and a statement that the applicant is an authorized organization under this chapter;

2. The name and signature of at least two officers, including the presiding officer, of the applicant organization;

3. The particular properly within the city, including street number, together with the occupancy capacity of such place;

4. Whether the premises used for bingo are leased or owned by applicant;

5. The proposed day of the week and hours of day for the conduct of bingo games;

6. A list of all officers and directors of applicant;

7. The application shall be accompanied by a certificate of the fire chief that the premises to be used for bingo games complies with all laws, ordinances, rules, or regulations pertaining to fire prevention and protection. That certificate shall include any terms and conditions necessary to maintain such compliance.

B. Upon approval of any application for a bingo license, the police chief or his designated representative shall issue the license.

(Ord. 320 § 3, 1977).

The fee for a bingo license, whether for the initial license or renewal, shall be set by resolution of the city council.

(Ord. 458 § 1, 1981: Ord. 447 § 1, 1981: Ord. 435 § 8(part), 1980: Ord. 320 § 4(a), 1977).

The appropriate fee shall accompany the submission of each application. If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization.

(Ord. 320 § 4(b), 1977).

The term of a bingo license shall commence upon issuance of the license and shall terminate on the next succeeding December 31st. The term of renewal license shall be one calendar year.

(Ord. 320 § 5, 1977).

Each license issued under this chapter shall be issued to a specific authorized organization to conduct a bingo game at a specific location and shall in no event be transferable from one person to another or from one location to another.

(Ord. 320 § 6, 1977).

A. Grounds. The police chief may deny an application for a bingo license, or suspend or revoke a license, if he finds the applicant or licensee or any agent or representative hereof has:

1. Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this chapter; or

2. Violated any of the provisions of this chapter.

B. Procedure. If after investigation, the police chief determines that a bingo license should be suspended or revoked or an application for such license denied, he shall prepare a notice of suspension, revocation or denial of application setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant's last address provided in the application or be personally delivered. Any person who has had an application for a bingo license denied by the police chief or who has had a bingo license suspended or revoked by the police chief may appeal the police chief's decision by following the procedures set forth in Chapter 5.01.

(Ord. 320 § 9, 1977).

(Ord. No. 1087, § 3, 1-23-2018)

Editor's note— Ord. No. 1087, § 3, adopted Jan. 23, 2018, repealed former § 5.08.090 which pertained to appeal, and derived from Ord. 320, § 10, adopted in 1977.

Any peace officer of the city shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game.

(Ord. 320 § 8, 1977).

It is unlawful for any person to receive or pay a profit, wage or salary from any bingo game authorized and licensed under this chapter.

(Ord. 320 § 11, 1977).

An authorized organization licensed to conduct bingo games pursuant to this chapter shall conduct such games only on property owned or leased by it, which property is used by such organization for an office or for performance of the purposes for which the organization is organized.

(Ord. 320 § 7(a), 1977).

Any bingo game conducted under this chapter shall be open to the general public. No minors shall be allowed to participate in any bingo game. No person shall be allowed to participate in any bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.

(Ord. 320 § 7(b), 1977).

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

(Ord. 320 § 7(c), 1977).

A. A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall not receive or pay a profit, wage or salary from any bingo game.

B. 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.

C. No individual, corporation, partnership or other legal entity except the organization authorized to conduct a bingo game under this chapter shall hold a financial interest in the conduct of such bingo game.

(Ord. 320 § 7(d), 1977).

All profits derived from a bingo game organized by an organization exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code 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 chapter, all proceeds 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 ten percent of the proceeds after the deduction for prizes or five hundred dollars per month, whichever is less, may be used for rental of property, overhead, and administrative expenses.

(Ord. 320 § 7(e), 1977).

No bingo game shall be conducted between the hour of midnight and eight a.m.

(Ord. 320 § 7(f), 1977).

The licensee shall report to the police chief in writing each change in its officers or directors.

(Ord. 320 § 7(g), 1977).

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

(Ord. 320 § 7(h), 1977).

No alcoholic beverages shall be served or consumed on the premises on which a bingo game is conducted.

(Ord. 320 § 7(i), 1977).

No more than eight hours of bingo games may be conducted by each authorized organization during any one-week period.

(Ord. 522 § 1, 1984: Ord. 442 § 1, 1981: Ord. 320 § 7(j), 1977).

A. A violation of Section 5.08.110 of this chapter is a misdemeanor punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city.

B. A violation of any other provision of this chapter is a misdemeanor as the same is defined by, and penalties established according to, the laws of the state of California.

(Ord. 320 § 12, 1977).