San Fernando Municipal Code Div. 1 Generally

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bingo has the meaning assigned to such term by Penal Code § 326.5(o).

(Code 1957, § 5A.1)

Cross reference— Definitions generally, § 1-2.

The total value of prizes awarded during the conduct of any bingo games for charitable purposes shall not exceed $250.00 in cash or kind or both for each separate game which is held. The prizes to be awarded for each game shall be announced prior to the commencement of each game. All prizes shall be awarded immediately following the game.

(Code 1957, § 5A.12)

All monies derived from a bingo game for charitable purposes shall be kept in a special fund or account identified on the license application and shall not be commingled with any other funds or account. All such monies shall be used only for such purposes which are in compliance with Penal Code § 326.5, as amended. After each bingo session, all bingo proceeds shall be counted by two members of the licensee organization, and such proceeds shall be deposited in the special bingo fund or account on the next banking day. The licensee shall keep full and accurate records 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 article and shall account to the city finance director on or before the 15th of each month for all funds received or disbursed for the preceding calendar month. All disbursements shall be by consecutively numbered checks signed by two authorized officers of the licensee and payable to a specific individual or organization. No checks shall be made payable to cash or to a fictitious payee. There shall be a written notation on each check as to the purpose of each check. The city, by and through its authorized officers, 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.

(Code 1957, § 5A.13; Ord. No. 1545, § 13, 11-3-2003)

No individual, corporation, partnership or other legal entity, except the licensee, shall hold a financial interest in the conduct of any bingo game for charitable purposes.

(Code 1957, § 5A.14)

(a) A bingo game for charitable purposes shall be operated and staffed only by members of the licensee organization. Each such member shall display on his person an identification badge showing the name of the licensee organization and the title of the staff member. A member of the licensee organization shall be designated as the "bingo manager" and shall be responsible for the conduct of the games and compliance with all applicable rules and regulations. The bingo manager shall be present at all times during the playing of any bingo game. No member of the licensee organization shall receive a profit, wage or salary from any bingo game. Only the licensee organization shall operate such game or participate in the promotion, supervision or any other phase of such game.

(b) Notwithstanding subsection (a) of this section, the licensee organization shall be entitled to employ security personnel who are not members of the licensee organization at such games, which security personnel may be paid from revenues of bingo games.

(Code 1957, § 5A.15)

All bingo games for charitable purposes shall be open to the public, not just to the members of the licensed organization. The licensee shall not reserve seats or space for any person. The license issued pursuant to division 2 of this article and the rules and regulations governing the playing of bingo shall be posted at the public entrance to the room in which bingo is to be played.

(Code 1957, § 5A.16)

Notwithstanding that bingo games for charitable purposes shall be 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 chief in accordance with applicable laws and regulations.

(Code 1957, § 5A.17)

A licensee shall conduct a bingo game for charitable purposes only on property owned or leased by the licensee and which property is primarily used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under division 2 of this article shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application and is nontransferable. If the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee organization 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 article, 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.

(Code 1957, § 5A.18)

No person under 18 years of age shall be allowed to participate or be present where any bingo game for charitable purposes is played.

(Code 1957, § 5A.19)

No person who is obviously intoxicated shall be allowed to participate in a bingo game for charitable purposes, and the sale, dispensing or consumption of alcohol shall be prohibited in any room where a bingo game is conducted.

(Code 1957, § 5A.20)

No person who has been convicted of a felony or of a misdemeanor involving moral turpitude shall manage, operate or supervise any bingo game for charitable purposes in the city.

(Code 1957, § 5A.20.1)

No bingo games for charitable purposes shall be conducted between the hours of 12:00 midnight and 12:00 noon of any day. No bingo session shall exceed six hours in duration, and no more than one such session shall be permitted in any one day. No organization shall conduct bingo games more than one day per week.

(Code 1957, § 5A.21)

No person shall be allowed to participate in a bingo game for charitable purposes, unless the person is physically present at the time and place in which the bingo game is being conducted.

(Code 1957, § 5A.22)

It is a misdemeanor under Penal Code § 326.5(b) for any person to receive pay or profit, wage or salary from any bingo game authorized under this article, a violation of which is punishable by a fine not to exceed $10,000.00, which fine shall be deposited in the city's general fund.

(Code 1957, § 5A.23)

All proceeds received under this article shall be used only for charitable purposes, except as follows:

(1) Such proceeds may be used for prizes.

(2) A portion of such proceeds, not to exceed ten percent of the proceeds after the deduction for prizes or $500.00 per month, whichever is less, may be used for rental of property, overhead and administrative expenses.

(Code 1957, § 5A.24)

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

(Code 1957, § 5A.25)

Editor's note— Ord. No. 1537, § 12, adopted Oct. 21, 2002, repealed § 10-42 which pertained to violations and derived from Code 1957, § 5A.26.