Santa Paula Municipal Code Ch. 113 Bingo

Section

Statutory reference:

Bingo, see Cal. Penal Code § 326.5

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

BINGO. A game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card that conform to numbers or symbols selected at random. Notwithstanding Cal. Penal Code § 330c, as used in this section, the game of bingo includes cards having numbers or symbols that are concealed or 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 preprinted cards shall bear the legend "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." It is the intention of the Legislature that bingo as defined in this section applies exclusively to this chapter and shall not be applied in the construction or enforcement of any other provision of law.

('81 Code, § 5.12.010) (Ord. 676, passed - -77; Am. Ord. 1019, passed 1-20-98)

Only organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701l of the Cal. Rev. & Tax. Code, mobilehome park associations and senior citizens organizations may conduct bingo games; and only if the receipts of those games are used for charitable purposes.

(Ord. 1019, passed 1-20-98)

It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games, as provided in Cal. Penal Code § 326.5 (j) and (k).

(Ord. 1019, passed 1-20-98)

The city may bring an action to enjoin a violation of this chapter.

(Ord. 1019, passed 1-20-98)

No minors shall be allowed to participate in any bingo game.

(Ord. 1019, passed 1-20-98)

An organization authorized to conduct bingo games pursuant to § 113.02 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 that 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, that organization.

(Ord. 1019, passed 1-20-98)

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

(Ord. 1019, passed 1-20-98)

A bingo game shall be operated and staffed only by members of the authorized organization that organized it. Those members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such a game, or participate in the promotion, supervision, or any other phase of a bingo game. This subdivision does not preclude the employment of security personnel who are not members of the authorized organization at a bingo game by the organization conducting the game.

(Ord. 1019, passed 1-20-98)

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 a bingo game.

(Ord. 1019, passed 1-20-98)

With respect to organizations exempt from payment of the bank and corporation tax by Cal. Rev. & Tax. Code § 23701d, 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. Those profits shall be used only for charitable purposes.

(Ord. 1019, passed 1-20-98)

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. Proceeds are the receipts of bingo games conducted by organizations described in § 113.10. These proceeds shall be used only for charitable purposes, except as follows:

(A) The proceeds may be used for prizes.

(B) A portion of the proceeds, not to exceed 20% of the proceeds before the deduction for prizes or $2,000 per month, whichever is less, may be used for the rental of property and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

(C) The proceeds may be used to pay license fees.

(D) If the monthly gross receipts from bingo games of an organization within this chapter exceed $5,000, a minimum percentage of the proceeds shall be used only for charitable purposes not relating to the conducting of bingo games and that the balance shall be used for prizes, rental of property, overhead, administrative expenses, and payment of license fees. The amount of proceeds used for rental of property, overhead and administrative expenses is subject to the limitations specified in subsection (B) above.

(Ord. 1019, passed 1-20-98)

(A) A fee not exceeding $50 annually, except as provided in subsection (B) below, shall be charged to those organization conducting bingo games. If an application for a license is denied, one-half of any license fee shall be refunded to the organization.

(B) In lieu of the license fee permitted under subsection (A) above, the city may impose a license fee of $50 upon application. If an application for a license is denied, one-half of the application fee shall be refunded to the organization. An additional fee for law enforcement and public safety costs incurred by the city that are directly related to bingo activities may be imposed and shall be collected monthly by the city; however, the fee shall not exceed the actual costs incurred in providing the service.

(Ord. 1019, passed 1-20-98)

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

(Ord. 1019, passed 1-20-98)

The total value of prizes awarded during the conduct of any bingo games shall not exceed $250 in cash or kind, or both, for each separate game which is held.

(Ord. 1019, passed 1-20-98)

A violation of § 113.02 shall be punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the city. A violation of any provision of this chapter, other than § 113.02 is a misdemeanor.

(Ord. 1019, passed 1-20-98)