San Diego County Municipal Code Ch. 2 Bingo

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*Note—Amended by Ord. No. 9970 (N.S.), effective 3-12-09, as Chapter 2, BINGO. (Provisions previously codified at § 37.400 et seq.)

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Article IV, section 19 of the California Constitution provides that the Legislature may by statute authorize counties to provide for bingo games for charitable purposes. The Legislature adopted Penal Code section 326.5, which authorizes counties to adopt an ordinance to allow bingo. The purpose of this chapter is to authorize bingo in the unincorporated area of the County pursuant to the provisions of section 326.5 of the Penal Code and the terms and conditions provided in this Chapter and not otherwise.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09; amended by Ord. No. 10313 (N.S.), effective 2-6-14)

The following definitions shall apply to this chapter:

(a) "Bingo" has the same meaning as the term "bingo" in Penal Code section 326.5(o).

(b) "Bingo manager" means a person designated by an applicant for a bingo license who will be responsible for the operation and management of any bingo game conducted pursuant to a license issued under this chapter. An applicant may designate more than one bingo manager for a bingo game.

(c) "Minor" means a person under the age of 18 years.

(d) "Mobilehome park" has the same definition as the term "mobilehome park" in Civil Code section 798.4.

(e) "Mobilehome park association" means any organization of individuals with at least five dues- paying members, organized and operated exclusively for residents of mobilehome parks to offer recreational and social activities to its members.

(f) "Qualified organization" means (1) an organization exempted from the payment of bank and corporation tax by Revenue and Taxation Code sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701w and 23701, (2) a mobilehome park association, (3) a senior citizen organization, or (4) a charitable organization affiliated with school districts; and if the receipt of those games are used only for charitable purposes.

(g) "Senior citizen organization" means an organization of individuals 50 years of age and older, with at least five dues paying members, offering recreational and social activities exclusively for its members.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09; amended by Ord. No. 10313 (N.S.), effective 2-6-14)

It shall be unlawful for a person to operate a bingo game in the unincorporated area of the County without a valid license issued by the Sheriff. A license to operate a bingo game under this chapter shall only be issued to a qualified organization.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09; amended by Ord. No. 10313 (N.S.), effective 2-6-14)

(a) An application for a license to operate a bingo game shall be filed on a form provided by the Sheriff, at least 30 days before the proposed date of any bingo game. The application shall be accompanied by: (1) proof the applicant is a qualified organization, (2) the applications of all proposed bingo managers, (3) the applications of all members of the organization who intend to staff the bingo game and (4) the application fee required by section 21.1901.

(b) A person who intends to serve as a bingo manager or staff for a qualified organization's bingo game shall submit an application on a form provided by the Sheriff and submit to a background check. No person shall serve as a bingo manager or staff for a bingo game until approved by the Sheriff.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09; amended by Ord. No. 10313 (N.S.), effective 2-6-14)

(a) A bingo license issued under this chapter shall be valid for one year.

(b) As a condition of the license, the licensee shall be required to have at least one bingo manager present whenever a bingo game is being operated. Failure to have a bingo manager present while a bingo game is being operated shall be grounds for revocation or suspension of the license. The bingo manager(s) shall be responsible for: (1) operating the bingo game pursuant to the terms of the license and this chapter, (2) supervising the conduct of members of the licensee operating a bingo game and (3) accounting for all receipts, disbursements for expenditures and distributions of money for charitable purposes.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09; amended by Ord. No. 10313 (N.S.), effective 2-6-14)

(a) A bingo game shall only be conducted in the unincorporated area of the County on property licensed by a qualified organization owns or leases, or on property donated to the organization in which case the property must be used by the organization for an office or for performing the purpose for which the organization is organized. This section shall not require that the property be used or leased exclusively by, or donated exclusively to, the organization.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09; amended by Ord. No. 10313 (N.S.), effective 2-6-14)

All bingo games shall be subject to the following rules:

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

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

(c) A bingo game shall only be operated and staffed by members of the licensee who have been approved by the Sheriff. Those members operating or staffing a bingo game shall not receive a profit, wage or salary from any bingo game. Only members of the licensee shall operate a bingo game or participate in the promotion, supervision or any phase of the game. The licensee may, however, employ security personnel who are not members of the organization.

(d) If after the Sheriff has issued a license under this chapter, the licensed qualified organization submits additional names to the Sheriff for approval, the application for approval shall be accompanied by a fee of five dollars for each additional name, no part of which shall be refundable, to defray the Sheriff's cost to investigate the additional individuals for whom approval is requested.

(e) During operation of any bingo game, approved members of the licensee shall wear on their outside clothing, in plain view, at chest height, a laminated identification card issued by the Sheriff. The card shall include a 1 inch by 1-1/4 inch photo which the member shall provide.

(f) Approved members of the licensee shall not participate as a player in any bingo game operated by the licensee on any date that the member is managing, supervising or otherwise assisting with a bingo game.

(g) No individual, corporation, partnership or other legal entity except the licensee shall hold a financial interest in the conduct of a bingo game.

(h) With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, all profits 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. The profits shall be used only for charitable purposes.

(i) With respect to all other organizations licensed to conduct bingo games, all proceeds 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. The proceeds shall be used only for charitable purposes, except as follows:

(1) The proceeds may be used for prizes.

(2) A portion of the proceeds, not to exceed 20% of the proceeds before the deduction for prizes or $2,000 per month, whichever is less, may be used for the rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel.

(3) The proceeds may also be used to pay license fees. Within 30 days after each bingo game is held the licensee shall file with the Sheriff full and complete financial statements of all monies collected, disbursed and the amount remaining for charitable purposes. The statements shall be on forms provided by the Sheriff.

(j) The licensee shall maintain and keep on file at any location at which it operates a bingo game, a record of all donations and sales of bingo playing cards, along with the financial statements required by subsection (i)(3) above, for a period of three years, for inspection purposes.

(k) 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.

(l) All disbursements from the bingo account shall be by consecutively numbered checks signed by two authorized officers of the licensee and shall be made payable to a specific individual or organization. The memo portion of each check shall contain a brief description of the expenditure for which the check is drawn. No check shall be drawn to a fictitious payee.

(m) All bingo cards presented for winnings shall be verified by at least two approved members of the licensee. The verification shall be made before the beginning of the next bingo game.

(n) No bingo manager or approved member managing, supervising or assisting during the bingo game shall knowingly allow a person who is intoxicated to be present during a bingo game.

(o) It shall be unlawful to call or post any bingo letter or number unless the letter or number on the object drawn is displayed in a manner so that it is visible to all participants in a bingo game.

(p) The total value of prizes awarded during the conduct of any bingo games shall not exceed $250 in cash or kind, or both, for each separate bingo game which is held.

(q) No bingo game shall be conducted between the hours of midnight and 8:00 a.m.

(r) A licensee shall not conduct bingo on more than three days during any seven day period. Once during each year, however, the Sheriff may authorize a licensee to conduct bingo games for more than three days during a seven day period, provided that the authorization shall be limited to bingo games which are conducted in conjunction with an established annual event regularly held by the licensee.

(s) It is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter, except security personnel employed by the organization conducting the bingo game who may be paid from the revenues derived from the game.

(t) Any license issued pursuant to this Chapter shall be subject to the conditions contained in section 326.5 of the Penal Code and each licensee shall comply with the regulation of those provisions.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09; amended by Ord. No. 10313 (N.S.), effective 2-6-14)

(a) Any peace officer shall have the right to inspect any bingo game licensed under this chapter. The licensee shall have the bingo license and list of approved staff available for inspection at all times during any bingo game.

(b) The licensee shall maintain full and complete accounting records supported by properly executed contracts, leases, receipts and other related documents which pertain to all: (1) monies or other receipts collected in connection with any of its bingo games, (2) disbursements for expenditures, (3) distributions for charitable purposes and (4) any remaining funds. The records shall be clearly identified and made available for inspection by representatives of the Sheriff within two days following a demand to inspect the records.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09; amended by Ord. No. 10313 (N.S.), effective 2-6-14)