Salinas Municipal Code Art. VI Bingo

Footnotes:

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Editor's note— Ord. No. 2598 (NCS), §§ 9 and 10, adopted Sept. 5, 2017, recodified and renumbered Ch. 6, Art. V, as Ch. 5, Art. VI, §§ 5-06.01—5-06.13, as set out herein.

The ordinance codified in this article is adopted pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions in the following sections of this article.

(Ord. No. 1653 (NCS), § 1; Ord. No. 2598 (NCS), §§ 9, 10, 9-5-2017)

Whenever in this article the following terms are used they shall have the meanings respectively ascribed to them in this section:

(a) "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.

(b) "Chief" means the chief of police of the city.

(c) "Minor" means any person under the age of eighteen years.

(d) "Nonprofit organization" means an organization 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 includes mobilehome park associations and senior citizens organizations; provided, that the receipts from the bingo games are used only for charitable purposes.

(Ord. No. 1653 (NCS), § 1: Ord. No. 1723 (NCS), § 1; Ord. No. 1910 (NCS), § 1(A); Ord. No. 2598 (NCS), §§ 9, 10, 9-5-2017)

It is unlawful for any person to conduct any bingo game in the city unless such person is a member of a nonprofit organization acting on behalf of the nonprofit organization which has been issued a license as provided by this article to conduct the bingo game.

(Ord. No. 1653 (NCS), § 1; Ord. No. 1723 (NCS), § 2; Ord. No. 2401 (NCS), § 1; Ord. No. 2598 (NCS), §§ 9, 10, 9-5-2017)

Application for license shall be made to the chief on forms prescribed by the chief, and shall be filed not less than sixty days prior to the proposed date of any bingo game or games. Such application form shall require from the applicant the following information:

(a) The name and address of the applicant, which in all cases shall be the nonprofit organization on behalf of which the application is submitted;

(b) The name, address, and Title of the individual who prepared the application;

(c) A list of the full names of all members who will conduct the bingo game or games, as well as the date and place of birth, social security number and driver's license number of each such member;

(d) The date(s) and place(s) of the proposed bingo game or games;

(e) Proof that the applicant is a nonprofit organization as defined in Section 5-06.02(d);

(f) The location of the special bingo account including the name and address of the bank, account number and authorized signatures;

(g) Such other information as the chief of police may deem necessary in order to effectuate the purposes of this article.

(Ord. No. 1653 (NCS), § 1; Ord. No. 1723 § 3; Ord. No. 2598 (NCS), §§ 9, 10, 9-5-2017)

Pursuant to Penal Code Section 326.5(1)(2), the fee for a bingo license shall be fifty dollars, payable in advance, and shall be accompanied by the submission of the application. Should the application for the license be denied, one-half of the fee shall be returned to the applicant; provided, however, if the application is for a license to conduct a bingo game on one occasion only during any twelve-month period, no fifty dollar fee shall be charged, provided the applicant has not previously obtained a license for which no fee was charged, the term of which covers any part of that twelve-month period. After the effective date of this section, the city shall impose an additional fee for law enforcement and public safety costs incurred by the city that are directly related to bingo activities. The amount of the fee shall be established from time to time by resolution of the city council in an amount that does not exceed the actual costs incurred in providing law enforcement and public safety costs and shall be paid monthly by the licensee to the city. Effective September 6, 1996, in place and instead of the one percent of the monthly gross receipts over five thousand dollars, the city shall impose an additional fee of fifty cents per bingo game on the first three hundred bingo game packs issued for each bingo session at which one hundred or more bingo players are in attendance, which fee shall be paid monthly to the city by the licensee. The term of a bingo license and any renewal thereof, excepting a one-time-only license, shall be for a period of twelve months; provided, however, there shall be no renewal fee imposed for any renewal. A one-time-only license shall be valid only for the date of the one-time-only bingo game. This section shall be applicable to any licensee to whom a bingo license was issued prior to the effective date of this section.

(Ord. No. 1653 (NCS), § 1: Ord. No. 1723 (NCS), § 4; Ord. No. 1726 (NCS), § 1; Ord. No. 1910 (NCS), § 1(B); Ord. No. 2290 (NCS), § 2; Ord. No. 2302 (NCS), § 2; Ord. No. 2598 (NCS), §§ 9, 10, 9-5-2017)

The levy of the fee of one percent of the monthly gross receipts over five thousand dollars per bingo game shall be suspended effective September 5, 1996, unless the provisions of Section 5-06.05, respecting the levy of bingo fees of fifty cents per bingo game on the first three hundred bingo game packs issued for each bingo session at which one hundred or more bingo players are in attendance, are held invalid in any way. In such event, the corresponding sections or portions thereof as they existed prior to the ordinance codified in this section shall again apply and shall automatically be reimposed as provided in Ordinance No. 1910. This section shall not be deemed to prohibit collection of any funds due, but not paid, under Ordinance No. 1910.

(Ord. No. 2290 (NCS), § 3; Ord. No. 2598 (NCS), §§ 9, 10, 9-5-2017)

If the chief determines that a proper application has been submitted, that the applicant qualifies under the provisions of this article, and that the conducting of bingo games at the particular location stated in the application will not violate any other ordinance of the city, a bingo license shall be issued.

(Ord. No. 1653 (NCS), § 1; Ord. No. 2598 (NCS), §§ 9, 10, 9-5-2017)

Each license issued under this article shall be issued on behalf of a specific nonprofit organization to conduct bingo games and shall in no event be transferable from one such organization to another.

(Ord. No. 1653 (NCS), § 1; Ord. No. 1723 (NCS), § 5; Ord. No. 2598 (NCS), §§ 9, 10, 9-5-2017)

(a) A nonprofit organization shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized.

(b) No minors shall be allowed to participate in any bingo game.

(c) All bingo games shall be open to the public, not just to the members of the nonprofit organization.

(d) A bingo game shall be operated and staffed only by members of the nonprofit organization which organized it. 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.

(e) No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game.

(f) With respect to organizations exempt from the payment of 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 bank account and shall not be commingled with any other funds. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this article, all proceeds derived from a bingo game shall be kept in a special bank account and shall not be commingled with any other funds. Such proceeds shall be used only for charitable purposes, except as follows:

(1) Such proceeds may be used for prizes;

(2) A portion of the proceeds, not to exceed twenty percent of the proceeds before the deduction for prizes, or two thousand dollars per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel;

(3) Such proceeds may be used to pay license fees.

(g) It is unlawful for any person to pay or receive a profit, wage or salary from any bingo game authorized by this article.

(h) No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place at which the bingo game is being conducted.

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

(j) No bingo game shall be conducted between the hours of midnight and twelve noon.

(k) A licensee shall not conduct bingo more than three days per week. No bingo session shall exceed six continuous hours and not more than one bingo session shall be permitted in one day.

(l) The bingo license, rules and regulations provided by the city and the licensee's rules of bingo operation shall, at all times, be posted conspicuously at the public entrance to the room in which bingo is played. The posted rules shall be readable, legible and accessible to all participants.

(m) A member of the licensee organization shall be designated as "bingo manager." The bingo manager shall be responsible for the conduct and operations of the bingo game(s) and for the compliance of all applicable laws, rules and regulations.

The bingo manager shall be present at all times during the playing of any bingo game.

(n) All staff members of a bingo game shall wear on their outside clothing an identification insignia or badge, no less than two and a half inches by three and a half inches in dimension, indicating the name of the organization and the name and title of the staff member.

(o) Prior to commencing each game, the prize shall be announced and a facsimile of the type of game(s) to be played shall be clearly displayed to all participants.

(p) All prizes shall be awarded immediately following each bingo game.

(q) All games shall be completed during each session.

(r) Bingo numbers selected in each game shall be announced to all players and shall be displayed in full view of all players. An adequate public address system shall be utilized.

(s) Equipment used and the method of playing bingo shall be such that each card shall have an equal opportunity to win each game.

(t) Any advertising or publicity for bingo shall include reference to the valid bingo license number issued by the police department.

(u) At least two members of the licensed organization shall jointly count all bingo proceeds. Such proceeds shall be deposited in a special bingo account the next banking day.

(v) All disbursements from the special bingo account shall be by consecutively numbered check and payable to a specific individual or organization. There shall be written on each check the nature of the expenditure for which the check is drawn. No check shall be drawn to "cash" or to a fictitious payee.

(w) On or before the fifteenth of each month, the licensee shall report to the finance department on a form prescribed by the finance department, an accounting of all receipts and expenditures for the prior calendar month. The accounting shall be accompanied by the additional license fee for the month being reported as required by Section 5-06.05. Bingo financial records shall be retained for not less than three years by the licensee and shall at all times be available to the police department and to the finance department of the city.

Bingo financial records of licensee shall at all times be available to the police department.

(x) If a member of an eligible organization applying for a license has been convicted of violating Section 326.5 of the Penal Code, Sections 330 through 337.9, inclusive, of the Penal Code, the provisions of the city bingo ordinance, or the provisions of any ordinance adopted by a city or county of the state pursuant to Section 19 of Article IV of the State Constitution and Section 326.5 of the Penal Code, or has been convicted of any crime involving the theft of money and/or property, such member shall have no control over the operation or participate in the staffing of the authorized bingo game(s) or the disposition of proceeds derived therefrom.

(Ord. No. 1653 (NCS), § 1; Ord. No. 1723 (NCS), § 6; Ord. No. 1910 (NCS) § 1 (C—E); Ord. No. 1966 (NCS), § 1; Ord. No. 2290 (NCS), §§ 4, 5; Ord. No. 2534 (NCS), § 1, 12-11-2012; Ord. No. 2598 (NCS), §§ 9, 10, 9-5-2017)

Any peace officer of the city and the finance director of the city or his representative shall have free access to any bingo game licensed under this article. A licensee shall post and maintain its bingo license in a conspicuous place on the premises at all times during any bingo game.

(Ord. No. 1653 (NCS), § 1; Ord. No. 1910 (NCS), § 1 (F); Ord. No. 2598 (NCS), §§ 9, 10, 9-5-2017)

(a) The chief may deny any application for a bingo license, or suspend or revoke a license if he finds the applicant or licensee, or any agent or representative thereof, 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 article; or

(2) Violated any of the provisions of this article.

(b) If the 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 shall be personally delivered to it. Any applicant which has had an application for a bingo license denied, or which has had a bingo license suspended or revoked by the chief may appeal that decision in the manner provided in Section 5-06.12.

(Ord. No. 1653 (NCS), § 1; Ord. No. 2598 (NCS), §§ 9, 10, 9-5-2017)

Whenever an appeal is provided for in this article, such appeal shall be filed and conducted as prescribed in this section:

(a) Within fifteen calendar days after the date of any denial of an application, or suspension or revocation of a license by the chief, an aggrieved party may appeal such action by filing with the city clerk a written appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper.

(b) Upon receipt of such written appeal, the city clerk shall set the matter for hearing before the city council. The hearing shall be held within thirty days after the date of the filing of the appeal with the city clerk. At least one week prior to the date of the hearing on the appeal the city clerk shall notify the appellant and chief of the date and place of the hearing. At such hearing the chief and the appellant may present any evidence relevant to the decision appealed. The formal rules of evidence applicable in a court of law shall not apply to such hearing.

(c) At the conclusion of the hearing, the city council may affirm, reverse or modify the decision appealed. The decision of the city council is final.

(Ord. No. 1653 (NCS), § 1; Ord. No. 2598 (NCS), §§ 9, 10, 9-5-2017)

A violation of Section 5-06.09(g) shall be punishable by a fine not to exceed ten thousand dollars; which shall be deposited in the general fund of the city. A violation of any provision of this article, other than Section 5-06.09(g), is a misdemeanor.

(Ord. No. 1653 (NCS), § 1; Ord. No. 1723 (NCS), § 7; Ord. No. 2598 (NCS), §§ 9, 10, 9-5-2017