Santa Maria Municipal Code Ch. 4-5 Bingo Games

As used in this chapter, "bingo" 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. It shall also include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes; provided, that the winning card shall not be known prior to a bingo game by any person participating in the playing or operation of the game; and provided further, that all such cards shall bear the legend "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance."

(Ord. 83-1063 § 1, eff. 12/1/83; Prior Code § 15A-11)

Nonprofit organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701l of the Revenue and Taxation Code and mobile home park associations and senior citizens' organizations; provided, that the proceeds of such games are used only for charitable purposes, are eligible to apply to the City for a license to conduct bingo games in the City under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter.

(Prior Code § 15A-1)

Eligible organizations desiring to obtain such license to conduct bingo games in the City shall file an application in writing therefor in the office of the Director of Finance on a form to be provided by the Director. The issuing authority shall be the Director of Finance. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual license fee; provided, however, that the license year shall be the same as the business license year and, upon first application, shall be prorated proportionately to the portion of the year remaining.

(Prior Code § 15A-2; Ord. 2017-01 § 37, eff. 3/9/17)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 4-5.02 and its application conforms to the requirement, terms and conditions of this chapter.

(Prior Code § 15A-3)

(a) The application for a license under this chapter shall contain the following:

(1) The name of the applicant organization and a statement that applicant is an eligible organization under Section 4-5.02, together with the mailing address of the organization for the purpose of giving notices and communications as provided in this chapter;

(2) The name and signature of at least two officers, including the presiding officer of the organization, corporation or community chest or the trustee of any trust;

(3) The particular property within the City, including the street number, owned or leased by the applicant, used by such applicant for an office or for the performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place;

(4) Proposed days of week and hours of day for conduct of bingo games;

(5) That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the 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 Director of Finance upon violation of any of these provisions;

(b) The application shall be signed by the applicant under penalty of perjury.

(c) The annual license fee fixed by the Council by resolution shall accompany the application.

(d) The applicant shall also submit, with its application, a certificate or determination of exemption under Section 23701 of the Revenue and Taxation Code, or a letter of good standing from the exemption division of the Franchise Tax Board in Sacramento showing exemption under Section 23701. If the eligibility for a bingo license is not determined by Section 23701 of the Revenue and Taxation Code, then the applicant shall submit such documents as required by the Director of Finance.

(Prior Code § 15A-4; Ord. 2017-01 § 38, eff. 3/9/17)

Upon receipt of the completed application and the fee, the Director of Finance shall refer the same to interested departments of the City including, but not limited to, the City Manager, City Attorney, Police Department, Fire Department and Community Development Department for investigation as to whether or not all the statements in the application are true, and whether or not the property of the applicant qualifies and the extent to which it qualifies, as property on which bingo games may lawfully be conducted as to fire, occupancy and other applicable restrictions.

(Prior Code § 15A-5; Ord. 2017-01 § 39, eff. 3/9/17)

Upon being satisfied, based upon the written reports of the Police, Fire and Community Development Departments, that the applicant is fully qualified under law to conduct bingo games in the City, the Director of Finance shall issue a license to the applicant, which shall contain the following information:

(a) The name and nature of the organization to whom the license is issued, together with the mailing address of the organization for the purpose of giving notice or any communication;

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

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

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

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

(Prior Code § 15A-6; Ord. 2017-01 § 40, eff. 3/9/17)

(a) Whenever it appears to the Director of Finance that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the Director of Finance shall have the authority to summarily suspend the license and order the licensee to cease and desist any further operation of any bingo game immediately.

(b) Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (a) of this section is guilty of a misdemeanor.

(c) The order issued under subsection (a) of this section shall also notify the licensee that it shall have 10 days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the Director of Finance within the 10 day period shall result in revocation of the license.

(d) Upon such request by the licensee whose license has been suspended under subsection (a) of this section for a hearing to determine whether such license shall be revoked, the Director of Finance shall provide such hearing within 15 days after receipt of such request, at which hearing the suspended licensee may appear before the Director of Finance for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing has first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.

(e) Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the City Manager, on appeal, determines to overrule the decision of the Director of Finance.

(Prior Code § 15A-7; Ord. 2017-01 § 41, eff. 3/9/17; Ord. 2023-02 § 7, eff. 6/1/23)

(a) Whenever it appears to the Director of Finance that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered under Section 4-5.08, the license may be revoked; provided, however, that the licensee may appear before the Director of Finance at the time fixed by the Director, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice has first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to the licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.

(b) Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the City Manager, on appeal, determines to overrule the decision of the Director of Finance.

(Prior Code § 15A-8; Ord. 2017-01 § 42, eff. 3/9/17; Ord. 2023-02 § 7, eff. 6/1/23)

(a) Any holder of a license whose license is revoked under this chapter shall have the right, within 10 days after receiving notice in writing of the revocation, to file a written appeal to the City Manager. Such appeal shall set forth the specific ground or grounds on which it is based. The City Manager shall hold a hearing on the appeal within 30 days after its receipt by the City, or at a time thereafter agreed upon between the appellant and the City Manager. The City Clerk shall cause the appellant to be given at least 10 days' written notice of such hearing. At the hearing, the appellant or his authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his appeal. The determination of the City Manager on the appeal shall be final.

(b) Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the City for a period of one year from the date of such revocation; provided, however, that if the ground for revocation is cancellation of the exemption granted under Section 23701(d) of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of the exemption; provided further, however, that such application shall meet all the requirements of an original application, including but not limited to the payment of the license fee prescribed by the resolution of the Council.

(Prior Code § 15A-9; Ord. 2023-02 § 7, eff. 6/1/23)

All notices provided for in this chapter shall be served upon the organization to be served by deposit in the United States mail addressed to the mailing address shown in its license. All notices to the City shall be served by filing in the office of the City Clerk; provided, however, that service upon any organization may be accomplished by personal service upon the presiding officer of that organization.

(Prior Code § 15A-10)

The total value of prizes awarded during the conduct of any one bingo game shall not exceed the limitation set forth in Penal Code Section 326.5 or any successor statute.

(Prior Code § 15A-12; Ord. 94-9, eff. 5/19/94)

(a) 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. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, 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 provided in Penal Code Section 326.5 or any successor statute.

(b) The licensee shall keep full and accurate records of the income and expenses which are authorized by this chapter. 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 record available.

(Prior Code § 15A-13; Ord. 82-1034, eff. 9/2/82; Ord. 94-9, eff. 5/19/94)

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

(Prior Code § 15A-14)

A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage, salary or commission of any kind from any bingo game, or any rentals or payments of any kind for property or equipment or services in connection therewith. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game.

(Prior Code § 15A-15)

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

(Prior Code § 15A-16)

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 Fire Department and building division of the City, in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.

(Prior Code § 15A-17)

A licensee shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by such organization 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 or whose use is donated to the organization be used or leased exclusively by or donated exclusively to such organization.

(Prior Code § 15A-18; Ord. 82-1034 § 1, eff. 9/2/82)

No person under the age of 18 years of age shall be allowed to participate in any bingo game. "Participation," as that term is used in this section, includes any form of participation in the game or games, whether by the purchase of cards, holding of cards, acceptance of prizes, receiving of prizes, or assisting others in such activities.

(Prior Code § 15A-19)

No person who is obviously intoxicated shall be allowed to participate in a bingo game.

(Prior Code § 15A-20)

No licensee shall conduct any bingo game more than six hours out of any 24 hour period. No bingo game shall be conducted before ten (10:00) a.m. nor after two (2:00) a.m. of any day.

(Prior Code § 15A-21)

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.

(Prior Code § 15A-22)

It is a misdemeanor under Section 326.5 of the Penal Code(b) of the state for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the City.

(Prior Code § 15A-23)

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

(Prior Code § 15A-24)

It is unlawful for any person to violate any of the provisions of this chapter. Any violation of any provision of this chapter other than violations of Section 326.5 of the Penal Code(b) of the state shall constitute a misdemeanor pursuant to the provisions of Chapter 1-6 of this Code.

(Prior Code § 15A-25)