Seaside Municipal Code Ch. 5.16 Bingo

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. The game of bingo includes 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 printed 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 § 4-113; Ord. 473, 1976; Ord. 589 § II(15)(c), 1981)

A. No bingo game shall be conducted except pursuant to a license issued by the city council. Applications for such license shall be made upon forms supplied by the city, and shall be filed with the city accompanied by a license fee of fifty dollars. The license, if issued, shall be for a period of twelve months. If the city council finds that the applicant does not qualify under the terms of this chapter, or that the conducting of bingo games at the particular location stated in the application will violate this chapter or some other ordinance of the city, the city council shall deny or revoke the application. If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization.

B. Fees. License holders shall submit to the city on a monthly basis an additional fee of one percent of the monthly gross receipts over five thousand dollars derived from bingo games. The fee shall be due and payable on the tenth day of the month following the month for which gross receipts are calculated.

(Prior code § 4-114; Ord. 473, 1976; Ord. 487, 1977; Ord. 694 § 1, 1986; Ord. 1044 § 2, 2017)

Bingo games shall be allowed within the city limits of Seaside only pursuant to the terms of this chapter and Penal Code Section 326.5.

(Prior code § 4-102; Ord. 473, 1976)

Bingo games shall be conducted only by 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 by mobilehome park associations and senior citizens organizations; and, provided, that the proceeds of such games are used only for charitable purposes.

(Prior code § 4-103; Ord. 473, 1976; Ord. 487, 1977)

An organization licensed to conduct bingo games pursuant to SMC § 5.16.040 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. 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 § 4-106; Ord. 473, 1976; Ord. 487, 1977)

No person or organization shall receive or pay a profit, wage or salary from any bingo game authorized by Section 19, Article IV of the state Constitution and by this chapter.

(Prior code § 4-104; Ord. 473, 1976; Ord. 487, 1977)

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 or salary from 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.

(Prior code § 4-108; Ord. 473, 1976; Ord. 487, 1977)

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

(Prior code § 4-105; Ord. 473, 1976)

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

(Prior code § 4-107; Ord. 473, 1976)

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 § 4-111; Ord. 473, 1976)

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

(Prior code § 4-109; Ord. 473, 1976; Ord. 487, 1977)

The total value of prizes awarded during the conduct of any single bingo game shall not exceed an amount, as specified under state statutes, in cash or kind, or any combination thereof, for each separate game which is held.

(Prior code § 4-112; Ord. 473, 1976; Ord. 995 § 1, 2011)

With respect to licensed 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 follows:

A. Such proceeds may be used for prizes.

B. A portion of such proceeds not to exceed ten percent before the deduction for prizes, or five hundred dollars per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, and administrative expenses.

C. Such proceeds may be used to pay license fees.

(Prior code § 4-119; Ord. 473, 1976; Ord. 487, 1977; Ord. 589 § II(15)(a) and (b), 1981)

All organizations licensed pursuant to this chapter shall maintain books and records, which books and records shall be made available to the city on demand, and shall comply with all other rules and regulations of federal and state taxing authorities.

(Prior code § 4-110; Ord. 473, 1976; Ord. 487, 1977)

Any bingo game conducted or operated contrary to the terms and provisions of this chapter, and/or any participation therein contrary to the provisions of this chapter, is unlawful and a public nuisance, and the city attorney shall, upon order of the city council, immediately commence an action or proceeding for the abatement and enjoinment thereof in the manner provided by law.

(Prior code § 4-117; Ord. 473, 1976)

A. Violation of the provisions of SMC § 5.16.060, and upon conviction thereof, shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment.

B. It shall be a misdemeanor for any person to violate any provision of this chapter, other than SMC § 5.16.060.

(Prior code §§ 4-115 and 4-116; Ord. 473, 1976; Ord. 487, 1977; Ord. 1042 § 2 (Att. C), 2017)

The remedies provided for in this chapter shall be cumulative and not exclusive.

(Prior code § 4-118; Ord. 473, 1976)