San Marcos Municipal Code Ch. 5.68 Bingo Games

This chapter is adopted pursuant to section 19 of Article IV of the California Constitution in order to regulate the game of bingo lawfully under the terms and conditions set forth in the following sections of this chapter.

Remote caller bingo is hereby affirmatively prohibited in the City of San Marcos. "Remote caller bingo" shall refer to any game of bingo, as defined in subdivision (o) of Penal Code Section 326.5, in which the numbers or symbols on randomly drawn plastic balls are announced by a natural person present at the site at which time the live game is conducted, and the organization conducting the bingo game uses audio and video technology to link any of its in-State facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased or rented by that organization.

(Ord. No. 2013-1384, 9-24-2013)

Whenever in this chapter the following terms are used they shall have the meanings respectively ascribed to them in this section.

(a)

Bingo is a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player's possession which conforms to numbers or symbols selected at random and announced by a live caller. The game of bingo shall also include having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any persons participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend: "For sale or use only in a bingo game authorized under California law and pursuant to local ordinance."

(b)

Nonprofit, charitable organization is an organization exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) or 23701(l) of the Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954.

(c)

An authorized organization is a nonprofit charitable organization as defined herein, a mobilehome park organization or a senior citizens organization.

(d)

Minor is any person under the age of 18 years.

(e)

Issuing Officer is the City Manager of the City of San Marcos or his or her designated representative.

(Ord. No. 2013-1384, 9-24-2013)

It shall be unlawful for any person to conduct any bingo game(s) in the City of San Marcos, unless such person is a member of an authorized organization acting on behalf of such authorized organization and has been issued a license as provided by this chapter.

Application for a license shall be made to the Issuing Officer on forms prescribed by the Issuing Officer. Such application form shall require from the applicant at least the following:

(Ord. No. 2013-1384, 9-24-2013)

(a)

A list of all members who will operate the bingo game including full names of each member, date of birth, place of birth, physical description and driver's license number.

(b)

The date(s) and place(s) of the proposed bingo game(s).

(c)

Proof that the organization is an authorized organization as defined by this chapter.

(a)

The term of a bingo license is one year and may be renewed for a period of one year from its date of issuance, upon application therefore. The bingo license shall be issued on a fiscal year basis, beginning with July 1st, and ending June 30th.

(b)

The fee for the initial bingo license shall be $50.00. The fee for renewal shall be $25.00. The appropriate fee shall accompany the submission of each application and is nonrefundable and nonproratable except in the event an application for a license is denied, one- half of said fee shall be refunded to the applicant.

(Ord. No. 2013-1384, 9-24-2013)

Upon receipt of an application for a license the Issuing Officer shall send copies of such application to any office or department which the Issuing Officer deems essential in order to carry out a proper investigation of the applicant. The Sheriff's Department and every officer of the departments to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant, and may examine the premises to be used for the bingo game(s). Upon favorable recommendation of the Sheriff's Department the Issuing Officer shall issue the license.

(Ord. No. 2013-1384, 9-24-2013)

Each license issued hereunder shall be issued to a specific person on behalf of a specific authorized organization to conduct a bingo game at a specific location and shall in no event be transferable from one person to another, nor from one location to another.

An authorized organization shall conduct a bingo game only on property owned or leased by it, which property is used by such authorized organization for an office or for the performance of the purposes for which the authorized organization is organized.

(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 members of the authorized organization.

(c)

All bingo games shall be operated and staffed only by members of the authorized organization which organized it. Such members shall be approved by the Sheriff's Department and shall not receive a profit, wage or salary from any bingo game. Only the authorized organization licensed to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game.

(d)

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

(e)

With respect to organizations exempt from payment of the bank and corporation tax by Section 23701(d) 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. Such profit shall be used for charitable purposes. With respect to other authorized organizations licensed to conduct bingo games pursuant to this section, 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. Such proceeds 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 before the deduction for prizes, or $500.00 per month, whichever is less, may be used for the rental of equipment, overhead, including the purchase of bingo equipment, and administrative costs.

(3)

Such proceeds may be used to pay license fees.

(4)

Within the first ten days of each month, the applicant shall file with the Issuing Officer a full and complete financial statement of all monies collected, disbursed and the amount remaining for the charitable purposes, on forms provided by the Issuing Officer as a result of the previous month's bingo games.

(Ord. No. 2013-1384, 9-24-2013)

(f)

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.

(g)

The total value of prizes awarded during the conduct of any bingo games shall not exceed $250.00 in cash or kind, or both, for each separate game which is held.

(h)

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

Any Peace Officer of the City shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game.

The Issuing Officer may deny any application for a bingo license, or suspend or revoke a license if she has received an unfavorable report from the Sheriff's Department, or if she finds that the applicant or licensee or any agent or representative thereof has:

(a)

Knowingly made any false, misleading or fraudulent statement of material fact in the application or in any record or report required to be filed under this chapter, or

(b)

Violated any of the provisions of this chapter. If after an investigation by the Sheriff's Department and other departmental officers it is determined that a bingo license should be suspended or revoked or an application for such license denied, a notice of suspension, revocation or denial of application setting forth the reasons for such suspension, revocation or denial of application shall be prepared. Such notice shall be sent by certified mail to the licensee's or applicant's last address provided in the application or be personally delivered. Any person who has had an application for a bingo license denied, suspended or revoked may appeal the decision in the manner provided in this chapter.

(Ord. No. 2013-1384, 9-24-2013)

Any appeal shall be filed and conducted as prescribed in this section:

(a)

Within 15 calendar days after the date of any denial, suspension, revocation or other notice of and by the Issuing Officer, an aggrieved party may appeal such action by filing with the City Clerk of the City of San Marcos a written appeal briefly setting forth the reasons why such denial, suspension, revocation or other decision is not proper.

(b)

Within 30 days after the date of receipt of said appeal the City Clerk shall schedule a hearing before the City Council. At least one week prior to the date of the hearing on the appeal, the City Clerk shall notify the appellant, the Issuing Officer and the Sheriff's Department of the date, time and place of the hearing. The City Council is authorized to conduct the hearing on the appeal. At such hearing the Sheriff's Department, Issuing Officer and the appellant may present evidence relevant to the denial, suspension, revocation, or other decision of the Sheriff's Department or Issuing Officer. The City Council shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to such hearing.

(c)

At the conclusion of the hearing, the City Council may uphold the denial, suspension, revocation or other decision of the Sheriff's Department or Issuing Officer, or the City Council may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other Sheriff's Department or Issuing Officer decision which is the subject of the appeal. The City Clerk shall within ten days of said hearing forward the decision of the City Council to the appellant, and other interested parties. The decision of the City Council is final.

(Ord. No. 2013-1384, 9-24-2013)

(a)

It is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter.

(b)

Any person guilty of violating any of the provisions or failing to comply with any of the requirements of this chapter shall be deemed guilty of a misdemeanor and shall be punishable in accordance with Section 1.12.010.

(Ord. No. 99-1053, 2-1-99; Amend. of 2-5-2025(1))