Rosemead Municipal Code Ch. 5.20 Bingo

Corporations, community chests or trusts, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, 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 23701(l) of the Revenue and Taxation Code, and any mobilehome association or senior citizens' organizations are eligible to apply to the City for a license to conduct bingo games in the City under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter.

(Prior code § 6213)

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 § 6213.9)

Eligible organizations desiring to obtain such license to conduct bingo games in the City shall file an application in writing therefor in the office of the City Manager on a form to be provided by the City. The issuing authority shall be the City Manager or his or her designate. The license shall be valid through December 31st of the year in which it is issued. Annual reissuance shall be subject to the terms and conditions of this chapter.

(Prior code § 6213.1)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.20.010 and its application conforms to the requirements, terms and conditions of this chapter.

(Prior code § 6213.2)

The application for a license shall contain the following:

A. The name of the applicant organization and a statement that applicant is an eligible organization under Section 5.20.010;

B. The name and signature of at least two officers, including the presiding officer, of the corporation or community chest and the trustee of any trust;

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

D. Proposed days of week and hours of day for conduct of bingo games;

E. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter, as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the City Manager upon violation of any such provisions;

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

G. The annual license fee fixed by the City Council by resolution shall accompany the application;

H. The applicant shall also submit, with its application, a certificate or determination of exemption, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing exemption under Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) or 23701(l) of the Revenue and Taxation Code of the state of California, and a description of the charitable purposes for which all profits will be used. In the case of a mobilehome park association or senior citizens' association, the application shall produce evidence of legitimacy to the satisfaction of the City Manager.

(Prior code § 6213.3)

Upon receipt of the completed application and the fee, the City Manager shall refer the same to interested departments of the City, including but not limited to the City Attorney, Police Department, Community Development Department and the Fire Department for investigation 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.

(Prior code § 6213.4)

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

A. The name and nature of the organization to whom the license is issued;

B. The address where the 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.

(Prior code § 6213.5)

A. Whenever it appears to the City Manager that the licensee is conducting a bingo game in violation of any of the provisions of this chapter or that the license was granted upon information which constitutes a fraudulent misrepresentation by the licensee, the City Manager shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.

B. Any person who continues to conduct a bingo game after any summary suspension thereof under subsection A of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

C. The order issued under subsection A of this section shall also notify the licensee that it shall have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the City Manager within the five-day period shall result in revocation of the license.

D. Upon such request by the licensee, whose license has been suspended under subsection A of this section, for a hearing to determine whether such license shall be revoked, the City Manager shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the City Manager for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation.

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

(Prior code § 6213.6)

A. Whenever it appears to the City Manager that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered under Section 5.20.080, the license may be revoked; provided, however, the licensee may appear before the City Manager at the time fixed by the City Manager for the purpose of presenting evidence why the license should not be revoked. No license 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 the licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis for the revocation.

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

(Prior code § 6213.7)

A. Any holder of a license whose license is revoked under this chapter shall have the right, within ten 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 (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 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 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 23701(d) of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

(Prior code § 6213.8)

The total value of prizes awarded during the conduct of any bingo games shall not exceed five hundred dollars ($500.00) in cash or kind, or both, for each separate game which is held.

(Prior code § 6213.10)

(Ord. No. 896, § 1, 6-8-10)

All profits derived from a bingo game shall be kept in a special fund or account and shall not be co-mingled with any other fund or account. The licensee shall keep full and accurate record of the 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 this chapter. The City, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and licensee shall fully cooperate with the City by making such record available.

(Prior code § 6213.11)

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

(Prior code § 6213.12)

A bingo game shall be operated and staffed only by members of the licensee 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.

(Prior code § 6213.13)

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

(Prior code § 6213.14)

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 Building Department of the City in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.

(Prior code § 6213.15)

A licensee 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. 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 and as a place for performance of the purposes for 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 owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.

Nothing in this chapter shall be construed to require the property owned or leased by the licensee be used or leased exclusively by such licensee.

(Prior code § 6213.16)

No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo game.

(Prior code § 6213.17)

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

(Prior code § 6213.18)

No licensee shall conduct bingo games more often than two days in each calendar week, or for any period exceeding six hours in one day nor before ten a.m. or after two a.m., on such day. The days of the week and precise hours of operation shall be set forth in the permit.

(Prior code § 6213.19)

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 § 6213.20)

It is a misdemeanor under Section 326.5(b) of the Penal Code of the state of California for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the City.

(Prior code § 6213.21)

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

(Prior code § 6213.22)