San Bruno Municipal Code Ch. 4.60 Bingo

It is the intent of the city council to authorize the licensing of bingo in the city pursuant to Section 19 of Article IV of the State Constitution and Section 326.5 of the California Penal Code.

(Prior code § 7-11.1; Ord. 1394 § 1; Ord. 1878 § 4, 2020)

The city council authorizes the city clerk to issue a license to conduct bingo games within the city to those organizations which meet the criteria established in California Penal Code Section 326.5 upon the payment of a yearly license fee in an amount established by resolution of the city council and not to exceed the maximum bingo license fee established in Penal Code Section 326.5, as it may be amended from time to time, and an additional fee for law enforcement and public safety costs if incurred by the city directly related to bingo activities and which fee shall not exceed the actual costs incurred in providing the service.

(Prior code § 7-11.2; Ord. 1394 § 1; Ord. 1550 § 1, 1993; Ord. 1878 § 4, 2020; Ord. 1878 § 4, 2020)

Any organization desiring to conduct a bingo game in the city shall apply to the city clerk for a license to do so on a form provided by the city clerk. The applicant shall provide the following information:

A. Name, business address, and business telephone of the organization.

B. The day of the week and the hours of the day when the bingo games will be played.

C. The name, address, and telephone number of the owner of the property at which it is proposed to conduct the bingo games.

D. If the organization which proposes to conduct the bingo games does not own the property where the games are to be played, whether the property is leased to the organization.

E. If the organization does not lease or own the property, whether its use is donated to the organization.

F. The functions of the organization which are conducted in the building where the bingo games are to be played, other than the bingo games themselves.

G. The type of organization which is going to conduct the bingo games (i.e., labor organization; agricultural or horticultural organization; fraternal organization; mobile home park association; senior citizen organization; one of the following types of non-profit organizations: cemetery company; religious organization; charitable organization; organization for testing for public safety; literary organization; educational organization; amateur sports organization; organization for prevention of cruelty to animals; business league, chamber of commerce, or board of trade; civic league; club).

H. The section of the Revenue and Taxation Code under which the organization is exempt from the California bank and corporation tax, with documentation verifying the claim for exemption.

I. The name(s), address(es), and telephone number(s) of the individuals in charge of the bingo games, and how such person(s) may be reached during business hours.

J. The specific type of bingo games that will be conducted, carried on or operated by the organization and the rules and prize schedules for such bingo games.

(Ord. 1438 § 1, 1984; Ord. 1550 § 2, 1993; Ord. 1878 § 4, 2020)

A. The city clerk shall issue licenses to conduct bingo games in the city to applying organizations which qualify for such licenses under state law; provided, that no license shall be issued to any organization which has not submitted an application to the city clerk which is complete with the information required pursuant to Section 4.60.030, or which has submitted an application which indicates that the organization does not qualify for a license under state law.

B. Original licenses shall be valid from the date of issuance until the next following June 30th. Renewed licenses shall be valid for one year from July 1st until the next following June 30th. A license which is suspended or revoked pursuant to subsection C shall not be deemed valid.

C. The city council shall have the power to revoke a license or to suspend a license for periods up to its scheduled expiration date if the council finds that the licensee or any person functioning on behalf of the licensee has violated any provision of this chapter or any provision of state law pertaining to the operation of bingo games. No suspension or revocation shall take place unless and until the city council shall have conducted a hearing on the matter, with at least ten days written notice to the licensee.

(Ord. 1438 § 1, 1984; Ord. 1878 § 4, 2020)

No person shall operate, conduct, carry on or cause, allow, permit or suffer to be operated, conducted, or carried on any bingo game except pursuant to a valid license in full force and effect issued to an organization authorized to conduct such a game.

(Ord. 1438 § 1, 1984; Ord. 1878 § 4, 2020)

No organization or person shall operate, conduct, carry on or cause, allow or suffer to be operated, conducted or carried on any bingo games except those which have been previously reviewed and approved by the city of San Bruno.

(Ord. 1550 § 3, 1993; Ord. 1878 § 4, 2020)

A. No organization shall operate, conduct or carry on bingo games in the city on more than four days of any calendar week.

B. No person shall operate, conduct, or carry on, or cause, allow, permit, or suffer to be operated, conducted, or carried on behalf of any organization any bingo game in the city if, during any calendar week, any such organization had already conducted four bingo games in the city during any previous day of such calendar week.

(Ord. 1438 § 1, 1984; Ord. 1878 § 4, 2020)

A. An organization may request from the city council a waiver of the provisions of Section 4.60.060 to allow the organization to conduct, carry on or operate bingo games for one additional day during a calendar week provided the organization can make a showing of good cause and provided further that the city council finds that such grant of waiver will not affect the public health, safety or welfare. In the event the city council grants a waiver pursuant to this section, it may impose any conditions it deems necessary to protect the public, health, safety and welfare or it may modify any of the provisions contained in this section.

B. Any such request for a waiver shall be made by application to the city clerk upon a form provided by the city.

C. Upon receipt of an application for a waiver pursuant to this section the city clerk shall forward said application to the chief of police who shall review said application for completeness and shall request such additional information as the city clerk deems necessary to review the application. Following review, the chief of police shall make a recommendation to the city council as to whether the waiver should be granted or denied.

D. Any organization granted a waiver pursuant to this section, shall furnish to the Finance Director on a monthly basis, evidence of compliance with the provisions of Penal Code Section 326.5(j) and 326.5(k) relating to handling and accounting of bingo game proceeds.

E. Any waiver granted pursuant to this section shall be valid from the date of issuance until June 30th unless said period is less than six months, in which case the waiver shall be valid until June 30th of the following fiscal year. Waivers granted pursuant to this section may be renewed upon application to the city council in accordance with the procedures set forth in this section.

(Ord. 1550 § 4, 1993; Ord. 1878 § 4, 2020)

A. No organization shall conduct, carry on, or operate bingo games in the city within any building, structure, lot, or premises within any calendar week if any other organization has conducted, carried on, or operated four or more bingo games within such building, structure, lot, or premises during the same calendar week.

B. No person shall operate, conduct, or carry on, or cause, allow, permit, or suffer to be operated, conducted, or carried on behalf of any organization any bingo game in the city within any building, structure, lot, or premises within any calendar week if any other organization has conducted, carried on, or operated four or more bingo games within such building, structure, lot or premises during the same calendar week.

(Ord. 1438 § 1, 1984; Ord. 1878 § 4, 2020)

A. No organization shall conduct, carry on or operate any bingo game in the city between the hours of eleven p.m. of one day and eight a.m. of the following day.

B. No person shall operate, conduct, or carry on, or cause, allow, permit, or suffer to be operated, conducted, or carried on behalf of any organization any bingo game in the city between the hours of eleven p.m. of one day and eight a.m. of the following day.

(Ord. 1438 § 1, 1984; Ord. 1878 § 4, 2020)