San Bernardino Municipal Code Ch. 5.36 Bingo Games

Section

Statutory reference:

For provisions authorizing bingo games for charity, see Cal. Penal Code § 326.5

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BINGO. 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. BINGO shall be conducted in accordance with the applicable statutes of the State of California.

MINORS. All persons defined as minors under Cal. Family Code, § 6500.

NON-PROFIT ORGANIZATION. An organization exempted by the bank and corporation tax by Cal. Revenue and Taxation Code, §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701.

PRIZES. Cash, kind or both for each separate game which is held.

REMOTE CALLER BINGO. A game of bingo, as defined in Cal. Penal Code, § 326.3(u)(1).

(Ord. 3606, passed 10-26-1976; Ord. 3684, passed 11-9-1977; Ord. 3976, passed 10-8-1980; Ord. MC-146, passed 3-16-1982; Ord. MC-486, passed 12-4-1985; Ord. MC-1401, passed 6-2-2014)

Remote caller bingo is added to this chapter pursuant to § 19 of Article IV of the California Constitution, as implemented by Cal. Penal Code, §§ 326.3 and 326.4.

(Ord. MC-1401, passed 6-2-2014)

It is unlawful for any person, firm, corporation, association, partnership or organization other than a non-profit organization, mobile home park association or senior citizen organization to conduct bingo games. Such organizations or associations shall not conduct bingo games without first securing a license to conduct such games from the City Clerk as hereinafter provided, and the receipts of such games shall be used only for charitable purposes.

(Ord. 3606, passed 10-26-1976; Ord. 3684, passed 11-9-977; Ord. MC-146, passed 3-16-1982; Ord. MC-460, passed 5-15-1985)

(A) An annual license fee, in the amount to be set by resolution, shall be paid upon the approval of each application for license for the purpose of defraying the expense incidental to the processing of such application.

(B) At the time of filing of the application for a license, the applicant shall also pay to the City Clerk an investigation fee in an amount to be determined by resolution. This fee is for the purpose of defraying the costs of the inspection of the premises upon which the bingo games are to be conducted and of investigating the qualifications of the applicant.

(Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014)

(A) Applicants for bingo licenses shall file a written, signed and acknowledged application with the City Clerk, showing:

(1) The name and address of applicant;

(2) The day, dates, hours and locations where the bingo games will be operated;

(3) The name or names of the person or persons having the management or supervision of the games;

(4) The maximum number of participants expected on the premises;

(5) Whether food and beverages will be available; and

(6) Such other reasonable information as may be required as to the identity or character of the applicant, manager or members of applicant operating the games.

(B) If the applicant is a non-profit organization, the application shall be accompanied by a copy of the tax exempt status determination issued by the State Franchise Tax Board to the applicant organization.

(C) If the applicant does not own the premises for which the license is sought, the applicant shall submit with the application a copy of the lease under which the applicant has the right to use such premises. If the use of the premises is donated, a copy of the agreement under which the applicant has the right to use the premises shall be submitted.

(D) For remote caller bingo, applicants must also submit a copy of the executed agreement between the applicant and the provider of the equipment to be used.

(Ord. 3606, passed 10-26-1976; Ord. 3684, passed 11-9-1977; Ord. MC-146, passed 3-16-1982; Ord. MC-1401, passed 6-2-2014)

(A) (1) When an application is filed, the City Clerk shall refer the application to the Department of Community Development and Housing, the Fire Department, the Police Department and to all other interested departments of the city for investigation. The Department of Community Development and Housing, Fire Department and the Police Department shall make reports of their findings, together with recommendations as to whether or not the applicant should be granted a license, to the City Clerk within 20 working days after the application was referred to them. The license shall be issued for a specified location and shall specify the maximum number of participants permitted on the premises. The license shall be valid for the remainder of the calendar year from the date of issuance.

(2) Upon receipt of the application, or whenever there is a change of officers of the organization or in the position of game manager, the Chief of Police, or his or her designee, shall make an investigation regarding the character and moral fitness of applicants, the cost of which investigation shall be borne by the applicants, pursuant to Cal. Penal Code, § 326.5(l)(1) and (l)(2), in an amount set by resolution. This investigation shall include the obtaining of criminal history statements, through fingerprints, for all officers/board members and game manager(s) associated with the day-to-day operation of the game. The purpose of this investigation is to determine those persons who have been convicted of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude. If any person investigated does in fact have a criminal record, or presents any cause for concern related to the community’s public health, peace, safety or welfare, such person shall be notified in writing and the license suspended until such person is removed from the application or does not participate in bingo operations. 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. Any person objecting to the Chief of Police’s determination, pursuant to this division (A), may appeal to the City Manager, or designee, provided he or she files a notice of appeal with the City Clerk within ten days of the Chief of Police’s determination.

(B) An applicant shall not be entitled to more than one license in the city; provided, however, that a church or non-profit organization, which is subsidiary to or affiliated with an organization operating throughout the state or nation, and which is separately and independently operated and staffed locally, shall be considered as an individual applicant for purposes of this chapter.

(C) 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. 3606, passed 10-26-1976; Ord. 3724, passed 5-4-1978; Ord. MC-1027, passed 9-9-1998; Ord. MC-1401, passed 6-2-2014; Ord. MC-1625, passed 2-21-2024)

(A) A bingo game shall be conducted only on property owned or leased by, or donated to, the licensed organization or association and used by it for an office or for performance of the purposes for which the organization or association is organized. Use solely for the purposes of conducting bingo games is not an acceptable use. The bingo game shall be operated and staffed only by members of the licensed organization or association which organized the game, except that security personnel may be employed. No person may receive or pay a profit, wage or salary from the receipts of any bingo game, except that security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games. Only the organization or association licensed to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game.

(B) Bingo games shall not be held:

(1) For more than two sessions in any one week;

(2) For more than five hours in any 24-hour period; or

(3) Between the hours of 2:00 a.m. and 6:00 a.m. of any one day.

(Ord. 3606, passed 10-26-1976; Ord. 3684, passed 11-9-1977; Ord. MC-146, passed 3-16-1982; Ord. MC-314, passed 11-7-1983; Ord. MC-486, passed 12-4-1985; Ord. MC-1401, passed 6-2-2014; Ord. MC-1520, passed 6-19-2019)

Remote caller bingo games may be conducted in the city subject and pursuant to the following provisions.

(A) Remote caller bingo games may be conducted by any organization eligible to receive a valid traditional bingo license issued pursuant to § 5.36.020 if:

(1) The organization has been incorporated or in existence for three years or more; and

(2) The organization obtains approval from the Chief of Police as provided in § 5.36.050

(B) Remote caller bingo games shall be conducted in compliance with Cal. Penal Code, §§ 326.3 and 326.4 and all other applicable local and state laws and regulations.

(C) Remote caller bingo games shall not be conducted by any licensee more than two days during any week, except that a licensee may hold one additional game, at its election, in each calendar quarter.

(D) The licensee shall keep full and accurate records of the income and expenses received and distributed in connection with its operation, conduct, promotion, supervision and any other phase of remote caller bingo games which are authorized by this chapter. The city shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with the city by making such records available.

(E) In addition to the requirements of division (D) above, the licensee shall submit copies of any state mandated audits, including, but not limited to, those required pursuant to Cal. Penal Code, § 326.3(w)(2), to the Chief of Police within five days of his or her submission to the applicable state agency.

(F) Except as authorized by Cal. Penal Code, § 326.3, it is a misdemeanor for any person to receive profit, wage or salary from any remote caller bingo game authorized as provided in Article IV, § 19 of the California Constitution.

(G) Violations of division (F) above shall be punishable by an administrative fine not to exceed $10,000, which fine shall be deposited in the General Fund of the city.

(H) The licensed organization is responsible for ensuring that the conditions of this chapter and Cal. Penal Code, §§ 326.3 and 326.4 are complied with by the organization and its officers and members. A violation of any one or more of these conditions shall constitute cause for the revocation of the organization’s license. At the request of the organization, the city shall hold a public hearing before revoking any license issued pursuant to this chapter.

(Ord. MC-1401, passed 6-2-2014)

It is unlawful for any individual, corporation, partnership or other legal entity except the organization authorized to conduct a bingo game to hold a financial interest in the conduct of such bingo game.

(Ord. 3606, passed 10-26-1976; Ord. MC-460, passed 5-15-1985; Ord. MC-1401, passed 6-2-2014)

(A) All profits derived from a bingo game by organizations exempt from payment of the bank and corporation tax by the Cal. Revenue and Taxation Code, § 23701d 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.

(B) (1) With respect to all other licensees, all receipts 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.

(2) Such proceeds shall be used for charitable purposes, except as follows:

(a) Such proceeds may be used for prizes;

(b) A portion of such proceeds not to exceed 20% of the proceeds before the deduction for prizes, or $1,000 per month, whichever is less, may be used for rental of property, overhead, the purchase of bingo or security equipment, administrative expenses and security personnel; and

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

(C) Records required by this section shall be retained for a period of three years. The licensee’s books and records shall be available for inspection by the Chief of Police or the City Clerk, or their designated representative, upon reasonable notice.

(Ord. 3606, passed 10-26-1976; Ord. 3684, passed 11-9-1977; Ord. 3976, passed 10-8-1980; Ord. MC-146, passed 3-16-1982; Ord. MC-1401, passed 6-2-2014)

It is unlawful for any person to allow a person not physically present at the time and place in which the bingo game is being conducted to participate.

(Ord. 3606, passed 10-26-1976; Ord. MC-460, passed 5-15-1985; Ord. MC-1401, passed 6-2-2014)

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

(Ord. 3606, passed 10-26-1976; Ord. 3684, passed 11-9-1977; Ord. MC-1401, passed 6-2-2014)

The total value of prizes awarded during the conduct of any bingo game shall not exceed $500 for each separate game which is held.

(Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014; Ord. MC-1520, passed 6-19-2019)

It is unlawful for any person to allow a minor to participate in any bingo game.

(Ord. 3606, passed 10-26-1976; Ord. MC-460, passed 5-15-1985; Ord. MC-1401, passed 6-2-2014)

Every licensee shall display the license issued by the city in a conspicuous place in the premises where the bingo games are conducted.

(Ord. 3606, passed 10-26-1976; MC-1401, passed 6-2-2014)

Each license issued under this chapter shall be issued to a specific organization or association for a specific location and shall in no event be transferable from one organization or location to another.

(Ord. 3606, passed 10-26-1976; Ord. 3684, passed 11-9-1977; Ord. MC-1401, passed 6-2-2014)

The City Council may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any licensee and may temporarily suspend, for a period not exceeding one year, or revoke the permit of any licensee which commits any one or more of the acts or omissions constituting grounds for disciplinary action under this chapter.

(Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014)

It shall be a ground for denial, revocation or other disciplinary action of any applicant, licensee, the agent or employee or any person connected or associated with the applicant or licensee as partner, director, officer, stockholder, general manager or person exercising managerial authority of or on behalf of the licensee if such organization or person has:

(A) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed with the City Clerk;

(B) Violated any provision of this chapter or of any statute relating to the permitted activity;

(C) Been convicted of a felony or any crime involving moral turpitude;

(D) A bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity;

(E) Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting permitted bingo games;

(F) Violated any rule or regulation adopted by the City Council relating to the licensed bingo games;

(G) Conducted the permitted bingo game in a manner contrary to the peace, health, safety and general welfare of the public; or

(H) Failed to comply with zoning, building and safety; health regulations; all applicable local and state fire regulations; and all laws of the city.

(Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014)

An applicant or licensee may, within ten days after service of a written notice of denial of a license or suspension or revocation of his or her license, file a request for a hearing with the City Council. The request for a hearing shall be in writing and signed by or on behalf of the applicant or licensee. It need not be verified or follow any particular form. Failure to file such a request for a hearing shall constitute a waiver of the licensee’s right to a hearing.

(Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014)

Pending the final determination of a proceeding for revocation or suspension of a license, a licensee may continue to operate bingo games until the Council makes such final determination.

(Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014)

(A) A licensee may file an application for renewal of a license. Renewal application should be filed at least 30 days prior to expiration of the license period. In the event a renewal application is filed during the pendency of a proceeding to suspend or revoke the license, such filing shall continue such license in full force and effect until the entry of the final order by the Council terminating proceedings.

(B) Failure of the Council to revoke, suspend, limit or condition the license shall have the effect of granting the license. The application for renewal shall become a part of the pending proceeding and be subject to all evidence which has been or is thereafter presented. No further notice to the applicant is required and the Council is authorized to consider and make findings upon such application in accordance with this chapter.

(Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014)

It is unlawful for any person or persons to sign a fictitious name or fictitious address in connection with applications submitted pursuant to this chapter.

(Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014)