San Luis Obispo County Municipal Code Ch. 6.64 Bingo Games

Footnotes:

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Editor's note— Ord. No. 3296, § 11, adopted April 21, 2015, amended Ch. 6.64 in its entirety to read as herein set out. Former Ch. 6.64, §§ 6.64.010—6.64.230, pertained to similar subject matter, and derived from Ord. 1663 § 1, 1976; Ord. 1886 § 1, 1978.

The following terms shall have the following meanings when used in this chapter:

(1) "Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.

(2) "Eligible organizations" means those organizations described in Section 6.64.030 of this chapter.

(Ord. No. 3296, § 11, 4-21-15)

It is unlawful for any person, individual, partnership, corporation, trust, or community chest to hold, operate, maintain, or conduct, or to knowingly allow to be held, operated, maintained, or conducted upon his, her, or its property a bingo game or games, as defined in this chapter, in the unincorporated area of the county unless it shall first obtain in the manner and pursuant to the conditions prescribed herein, a license from the tax collector to operate, maintain, or conduct such bingo game or games. Said license shall be issued only to eligible organizations described in Section 6.64.030 of this chapter.

(Ord. No. 3296, § 11, 4-21-15)

Only businesses expressly authorized by state law, including California Penal Code Section 326.5 are authorized to apply for a license to conduct bingo games within the unincorporated areas of the county.

(Ord. No. 3296, § 11, 4-21-15)

Eligible organizations desiring to obtain such license to conduct bingo games in the county shall file an application with the tax collector on a form to be provided by the tax collector. Said application shall be signed, or electronically signed, under penalty of perjury by at least two officers, including the presiding officer, of the applicant organization. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee.

(Ord. No. 3296, § 11, 4-21-15)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 6.64.030 of this chapter, and its application conforms to all applicable laws of this state and all provisions of this Code.

(Ord. No. 3296, § 11, 4-21-15)

Said application for a license shall contain the following:

(1) The name and address of the applicant organization;

(2) A statement by the applicant that it is an eligible organization as described in Section 6.64.030 of this chapter;

(3) If the applicant is claiming to be an eligible organization as described in Section 6.64.030 of this chapter, a copy of the letter of exemption from the California Franchise Tax Board indicating the applicant is an exempt organization under Section 23701 et seq. of the California Revenue and Taxation Code;

(4) If the applicant is a mobile home park association, proof that said mobile home park is currently licensed by the state;

(5) If the applicant is a senior citizen organization, a copy of the bylaws and other organizational documents establishing that the applicant is an eligible senior citizen organization;

(6) The exact location, including legal description and/or street address of the property to be used by the applicant for conducting the bingo game;

(7) A statement by the applicant that the property described in subsection (6) of this section is owned by the applicant or is leased by the applicant and that said property is used by the applicant for the office or for the performance of the purposes for which the applicant is organized;

(8) The proposed days of the week and hours of the day during which bingo games will be conducted;

(9) A statement that the applicant agrees to conduct said bingo games in strict compliance with the provisions of Section 326.5 of the California Penal Code and this chapter, as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the county upon violation of any such provisions;

(10) The annual license fee fixed by the board by resolution or ordinance shall accompany the application;

(11) A statement that the applicant agrees that the county, through its authorized officers, shall have the right to examine and audit the applicant's records described in Section 6.64.120 of this chapter.

(Ord. No. 3296, § 11, 4-21-15)

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the county, the tax collector shall issue a license to said applicant, which shall contain the following information:

(1) The name and nature of the organization to whom the license is issued;

(2) The address where bingo games are authorized to be conducted;

(3) The occupancy capacity of the room in which the bingo games are to be conducted;

(4) The date of the expiration of such license;

(5) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Ord. No. 3296, § 11, 4-21-15)

The applicant and/or licensee shall notify the tax collector in writing of any change in the facts set forth in the application and accompanying documents within five days after such change.

(Ord. No. 3296, § 11, 4-21-15)

The total value of prizes awarded during the conduct of any bingo game shall not exceed the amount allowed by Section 326.5 of the California Penal Code for each separate game, which is held. Subject to the foregoing restriction, organizations described by Section 6.64.030 of this chapter, may use the proceeds of said bingo game for prizes.

(Ord. No. 3296, § 11, 4-21-15)

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, and shall be used exclusively for charitable purposes. The licensee shall keep full and accurate record of the income and expenses received or disbursed in connection with its operation, conduct, promotion, supervision, and any other phase of the bingo games, which are authorized by this chapter. The county, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time, and the licensee shall fully cooperate with the county by making such record available. With respect to an organization described in Section 6.64.030 of this chapter, a portion of such proceeds may be used for rental of property, overhead, and administrative expenses as described in Section 326.5 of the California Penal Code.

(Ord. No. 3296, § 11, 4-21-15)

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

(Ord. No. 3296, § 11, 4-21-15)

A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game or participate in the promotion, supervision, or any other phase of such game.

(Ord. No. 3296, § 11, 4-21-15)

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

(Ord. No. 3296, § 11, 4-21-15)

Notwithstanding that, bingo games are 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 planning and building director in accordance with the applicable laws and regulations. The licensee shall not reserve seats or space for any person.

(Ord. No. 3296, § 11, 4-21-15)

A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property the address of which is stated on the application. In the event the described property ceases to be owned or leased by the licensee, used as an office or as a place for performance of the purposes for which the licensee 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 chapter, 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. Nothing in this section shall be construed to require that the property owned or leased by the applicant/licensee be used or leased exclusively by such organization.

(Ord. No. 3296, § 11, 4-21-15)

No person under eighteen years of age shall be allowed to participate in any bingo game.

(Ord. No. 3296, § 11, 4-21-15)

No licensee shall conduct any bingo game more than six hours out of any twenty-four-hour period. No bingo game shall be conducted between the hours of two a.m. and ten a.m. each day.

(Ord. No. 3296, § 11, 4-21-15)

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.

(Ord. No. 3296, § 11, 4-21-15)

It is a misdemeanor under Section 326.5(b) of the Penal Code of the State of California for any person to receive a profit, wage, or salary from any bingo game authorized under this chapter, violation of which is punishable by a fine not to exceed the amount specified in Section 326.5(c) of the Penal Code of the State of California, which fine shall be deposited in the general fund of the county.

(Ord. No. 3296, § 11, 4-21-15)

The county may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the California Penal Code or of this chapter.

(Ord. No. 3296, § 11, 4-21-15)

If any section, subsection, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The board hereby declares that it would have adopted this chapter and each section, subsection, or portion thereof, irrespective of the fact that any one or more sections, subsections, or portions be declared invalid or unconstitutional.

(Ord. No. 3296, § 11, 4-21-15)