San Mateo County Municipal Code Ch. 5.48 Bingo Games

It is the purpose and intent of the Board of Supervisors in enacting this ordinance to enable various organizations, as provided in California Penal Code Section 326.5., to conduct bingo games, provided that the proceeds of such games are used only for charitable purposes.

(Prior code § 5132.0; Ord. 2399, 11/02/76; Ord. 2542, 11/14/78)

For the purpose of this ordinance, "authorized organizations" shall include only those organizations exempted from the payment of the bank and corporation tax by Sections 23701 a; 23701 b; 23701 d; 23701 e; 23701 f; 23701 g; and 23701 l of the Revenue and Taxation Code of the State of California, and mobile home park associations and senior citizens' organizations.

(Prior code § 5132.1; Ord. 2399, 11/02/76; Ord. 2542, 11/14/78)

As used in this chapter, "bingo game" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. The game of bingo shall include cards 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 person 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".

(Prior code § 5132.2; Ord. 2399, 11/02/76; Ord. 2542, 11/14/78; Ord. 2618, 12/04/79)

Only an authorized organization may obtain a License to operate or conduct a bingo game without first obtaining a License therefore from the License Board pursuant to Chapter 5.04 of this title.

(Prior code § 5132.3; Ord. 2399, 11/02/76; Ord. 2542, 11/14/78)

Any organization applying for a bingo License shall submit with its Application therefore a certification from the Franchise Tax Board of tax-exempt status under California Revenue and Taxation Code Sections 23701 a; 23701 b; 23701 d; 23701 e; 23701 f; 23701 g; 23701 1, or a statement from an officer of the organization that it is a senior citizens' organization, or a mobile home park association, with a description of the organization's location and function.

(Prior code § 5132.4; Ord. 2399, 11/02/76; Ord. 2542, 11/14/78)

The annual License fee for each License issued pursuant to the provisions of this chapter shall be $50.00, payable for the term as set out in Section 5.04.260 et seq. of this code.

(Prior code § 5132.5; Ord. 2399, 11/02/76; Ord. 2542, 11/14/78; Ord. 3113, 06/16/87)

Every organization authorized to operate or conduct a bingo game for charitable purposes under this chapter shall "keep separate and accurate books and records of all income and expenses" related to the conduct of such games. Said book shall be open for inspection by the Sheriff, or other peace officer of this County, at all times during ordinary hours of business, and shall not in any manner be concealed from said authorities.

(Prior code § 5132.6; Ord. 2399, 11/02/76; Ord. 2542, 11/14/78)

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 funds or account. Such profit shall be used only for charitable purposes.

With respect to other authorized organizations, 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:

(a) Such proceeds may be used for prizes.

(b) A portion of such proceeds, not to exceed ten percent (10%) of the proceeds before the deduction for prizes, or Five Hundred Dollars ($500) per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, and administrative expenses; and

(c) Such proceeds may be used to pay License fees.

(Prior code § 5132.7; Ord. 2399, 11/02/76; Ord. 2542, 11/14/78; Ord. 2618, 12/04/79)

An authorized organization 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 activities within 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 organization be used or leased exclusively by such organization.

(Prior code § 5132.8; Ord. 2399, 11/02/76; Ord. 2542, 11/14/78)

A Licensed charitable organization shall not operate or conduct a bingo game between the hours of 12 midnight and 8 A.M.

(Prior code § 5132.9; Ord. 2399, 11/02/76; Ord. 2542, 11/14/78)

Participation in all bingo games shall be open to the general public, and may not be limited to members of the authorized organization. No minors shall be allowed to participate in any bingo game. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which said game is being conducted.

(Prior code § 5132.10; Ord. 2399, 11/02/76; Ord. 2542, 11/14/78)

The total value of prizes, including cash, awarded during the conduct of any one bingo game shall not exceed Two Hundred Fifty ($250) Dollars.

(Prior code § 5132.11; Ord. 2399, 11/02/76; Ord. 2542, 11/14/78)

A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall not receive a profit, wage, commission, salary, or compensation of any kind in consideration for conducting or helping to conduct any bingo game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision, or any other phase of such game. No individual, corporation, partnership, or other legal entity, except the organization authorized to conduct a bingo game, shall hold a financial interest in the conduct of said game.

(Prior code § 5132.12; Ord. 2399, 11/02/76; Ord. 2542, 11/14/78)

It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game not authorized pursuant to this ordinance, punishable by a fine not to exceed One Thousand Dollars $1,000, which fine shall be deposited in the General Fund of the County. It shall also be a misdemeanor to violate any other provision of this ordinance.

(Prior code § 5132.13; Ord. 2542, 11/14/78; Ord. 3113, 06/16/87)