Selma Municipal Code Ch. 12 Bingo

It is the purpose and intent of this Chapter to authorize the playing of the game of chance generally known as "bingo" subject to and pursuant to the restrictions contained in Article IV, Section 19c of the Constitution of the State of California and Section 326.5 of the Penal Code of the State of California. Definitions, conditions and restrictions set forth in the Chapter are intended to comply with and implement the Constitutional and Penal Code provisions. To the extent that any provision of the Chapter is substantially the same as that contained in Section 326.5 of the Penal Code and violation thereof be deemed a violation of the Penal Code and punishable hereunder, such provision of this Chapter shall be deemed explanatory only.

BINGO: 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.

CITY CLERK, CHIEF OF POLICE, PLANNING AND BUILDING INSPECTOR or FIRE CHIEF: The City Clerk, Chief of Police, Planning and Building Inspector or Fire Chief of the City or their respective authorized agents.

NONPROFIT ORGANIZATION: Any tax-exempt organization or senior citizens organization as such terms are defined in this Section.

SENIOR CITIZEN: Any person of age sixty (60) or older or any person age fifty (50) or older who no longer engages in full-time employment.

SENIOR CITIZENS ORGANIZATIONS: Any organization meeting the following criteria:

(A) Purpose. The purpose of the organization is to improve the social, recreational, economic, medical and/or housing conditions of senior citizens.

(B) Membership. The membership in the organization shall be limited to senior citizens and their spouses.

(C) Formal Organization. The organization shall have a duly adopted constitution or by-laws stating the purpose of the organization and the qualifications of membership and providing for the election of officers.

TAX-EXEMPT ORGANIZATION: Any organization exempted from the payment of bank or corporation taxes by Section 23701b (fraternal beneficiary societies, orders or organizations) or Section 23701d (religious, charitable, scientific, literary, educational and humanitarian corporations) of the California Revenue and Taxation Code.

A nonprofit organization having in effect a permit therefor from the City Clerk pursuant to the provisions of this Chapter may conduct a bingo game for charitable purposes subject to all conditions and restrictions contained in Section 326.5 of the California Penal Code and this Chapter. (Ord. 789, 6-5-78)

A nonprofit organization may apply to the City Clerk for a permit to conduct a bingo game. Each such organization must have its principal and permanent meeting place in the corporation limits of the City; must maintain a bonafide membership of at least twenty (20) members; and, must have been organized and established in the City's corporate limits for a minimum of one year continuously preceding the filing of the application for the permit. The application shall be upon a form provided therefor by the City Clerk and shall be accompanied by a fee equal to the actual cost of issuing such permit as may be determined from time to time by the City Council. Notwithstanding the actual cost of issuing such permit, the fee shall not exceed fifty dollars ($50.00), unless a higher maximum fee is authorized by law. If the applicant is a tax-exempt organization, it shall accompany the application with a certificate or letter from the State Franchise Tax Board stating that the applicant is exempt from the payment of the bank or corporation taxes. If the applicant is a senior citizens organization, it shall provide proof to the satisfaction of the City Clerk that it satisfies the criteria for a "senior citizens organization" as set forth in Section 6-12-2. Such proof may include but is not limited to a copy of the organization's constitution and/or by laws.

No organization may receive more than one permit at any one time. One permit may be issued to two (2) or more qualifying applicants as a joint venture. (Ord. 869, 7-2-84)

(A) The application for a permit for conducting bingo games shall contain the following:

1. The name of the organization proposing to conduct such games together with the names, signatures and addresses of all the officers of the organization;

2. The address of the premises where the bingo games are proposed to be conducted;

3. The names of the owner(s) and, if any, lessee(s) of the premises where the bingo games are proposed to be conducted;

4. The principal purpose for which the premises are used by the organization together with the length of time for which the premises have been so used;

5. The name and address of the person responsible for the operation of the bingo game and name and address of those persons assisting therein;

6. The day and hours of proposed operation of bingo games; and

7. Such further information as may be required by the City Clerk.

(B) Said application shall be signed by a principal officer of the applicant under penalty of perjury.

The filing of an application for a permit shall be deemed a consent by the applicant for the Chief of Police to make an investigation to determine if all the statements on the application are true, to investigate the officers of the applicant and the person who will be responsible for the operation of the bingo games and those persons who will assist therein as to any criminal record which they may have, and to disclose such information to the City Clerk and, upon appeal, to the Council. The application shall also be deemed consent for the Fire Chief and the Planning and Building Inspector to inspect said premises and report thereon.

Immediately upon receipt of a proper application, the City Clerk shall furnish copies thereof to the Chief of Police, Planning and Building Inspector and the Fire Chief, each of whom shall make an investigation as specified in this Chapter and report back to the City Clerk within forty five (45) calendar days after the receipt by the City Clerk of such application with a recommendation thereon. Failure of the Chief of Police, Planning and Building Inspector or Fire Chief to report back to the City Clerk within the forty five (45) day period shall be treated by the City Clerk as a recommendation to issue the permit.

The Chief of Police shall determine if all the statements on the application are true and shall obtain the criminal record, if any, of the principal officers of the organization, each person who will be responsible for the operation of the bingo game and those persons who will assist therein. He shall recommend the issuance of the permit, except:

(A) In the event that he finds any of the statements on the application to be false, he may recommend against its issuance; and

(B) In the event that he finds any officer of the organization or any person who will be responsible for the operation of the bingo game or any person who will assist therein to have been convicted within the last ten (10) years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion or fraud, he shall recommend against its issuance.

The Planning and Building Inspector shall investigate the premises and surroundings for the safety of the structure, adequacy of parking facilities and any other condition which, in the opinion of the Inspector might endanger the public health, safety or well-being or constitute a nuisance. Should he find that such a potential danger or nuisance exists, the Inspector may at his discretion recommend denial of the permit or the attachment thereto of such conditions as will in his opinion adequately protect the public health, safety and well-being and preclude the existence of a nuisance; otherwise he shall recommend its issuance.

The Fire Chief shall investigate the premises as to the safety of the structure and for fire hazards and shall determine the maximum number of persons who may be present in the premises during the conducting of bingo games. In the event he finds any condition to exist which might endanger the public health, safety or well-being from the standpoint of structural safety or fire danger, he may recommend against the issuance of the permit or recommend the attachment thereto of such conditions as will in his opinion adequately safeguard the public health, safety and well-being; otherwise he shall recommend its issuance.

In the event the Chief of Police, Planning and Building Inspector or Fire Chief recommends against the issuance of the permit, the City Clerk shall refuse to issue such permit and one-half (1/2) of any permit fee paid shall be refunded to the organization that filed the application.

(A) Any applicant or permittee may appeal to the City Council from any order or action of the City Clerk respecting the issuance, denial, modification, suspension or revocation of any permit.

In the event the City Clerk does not receive a recommendation against the issuance of the permit, he shall issue the same for a period of one year, which permit shall contain the following information:

(A) The name and nature of the organization to whom the permit is issued;

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

(C) The maximum occupancy of the room in which the bingo games are to be conducted;

(D) The date of the commencement of the permit;

(E) The date of the expiration of the permit;

(F) The days and hours during which bingo may be conducted; and

(G) Such conditions as may have been recommended by the City Clerk, Chief of Police, Planning and Building Inspector or Fire Chief.

A permittee shall keep the permit posted in a conspicuous place within the room in which bingo is being played during the conduct of any such game. The permittee shall produce and exhibit the same whenever requested to do so by the City Clerk, Chief of Police, Planning and Building Inspector or Fire Chief.

Any permit granted under this Chapter shall not be transferable either as to the permittee or the location. Any use of the permit other than by the named permittee or other than at the address where the bingo games are authorized to be conducted shall render the permit invalid.

It is unlawful for any bingo game to be operated in violation of any of the following conditions:

(A) All bingo games shall be open to the public, not just to the members of the nonprofit organization;

(B) 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; (Ord. 789, 6-5-78)

(C) The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held. (Ord. 841, 5-17-82)

(D) Attendance at any bingo game shall be limited to the occupancy capacity of the room as set forth in the permit;

(E) No permittee shall issue chips or money to a patron on credit or a loan, including but not limited to IOU's and checks to be held, nor shall patrons be allowed to play on credit;

(F) No person who is obviously intoxicated shall be allowed to participate in a bingo game; (Ord. 789, 6-5-78)

(G) No permittee shall conduct any bingo game except between the hours of twelve noon and twelve midnight, nor shall any permittee conduct bingo games for more than six (6) hours during any twenty four (24) hour period, nor shall any permittee conduct bingo games more than ten (10) days in any one month. (Ord. 841, 5-17-82)

(H) No person shall violate any condition attached to the permit;

(I) The permittee shall post and keep posted in a conspicuous place within the room in which bingo is being played the rules and regulations of said game;

(J) No person shall conduct any bingo game after the permit therefor has expired or during any period which it is suspended;

(K) The permittee 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 subsection shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

(L) The permittee shall keep a written record of the name, address, phone number and date of birth of each person receiving a prize, valued at more than ten dollars ($10.00), for three (3) years, which records shall be made available to the Chief of Police upon request.

Any bingo game shall be operated and staffed only by members of the permittee. Such members shall not receive a profit, wage or salary from any bingo game. Only the permittee shall operate such game or participate in the promotion, advertising, supervision, or other phase of the game, and no wage, salary or other payment may be made on account thereof from funds received from such games.

All equipment used by the permittee in conducting the bingo game shall be owned by the permittee.

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

With respect to organizations exempt from payment of bank or corporation taxes 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 (10%) of the proceeds after the deduction for prizes, or five hundred dollars ($500.00) per month, whichever is less, may be used for rental of property, overhead, and administrative expenses.

Each permittee conducting a bingo game shall maintain detailed records of all proceeds, profits, expenditures, prizes and other expenses relating to the operation of the bingo game. Such records shall be retained for a period of three (3) years and as long thereafter as may be required by any State or Federal law. Such records, including related bank accounts, shall be open for inspection at any time by the Chief of Police, City Clerk or any State or Federal official in the performance of his duties.

Within fifteen (15) days after March 31, June 30, September 30 and December 31 during the permit period, the permittee shall file a report under the penalty of perjury with the City Clerk containing the following information:

(A) Any changes in or additions to the information required in the application;

(B) The total amount of money received from the operation of bingo games during the previous three (3) month period;

(C) The total amount paid out in prizes;

(D) Detailed costs to the permittee of the operation of the bingo games; and

(E) All disbursements from the fund.

Any change during the permit period in the organization of the permittee, its principal officers, the staff operating or assisting in the operation of the bingo game, or the condition of the premises shall be immediately reported to the City Clerk who shall refer such changes to the appropriate official who shall make an investigation thereof and, if he deems appropriate, recommend the suspension and revocation of the permit or the imposition of additional conditions thereto, which suspension, revocation, or additional conditions shall be appealable to the City Council.

Any permit issued under this Chapter may be modified to further restrict the time for conducting bingo games as set forth in subsection (G) of Section 6-12-16 by the City Clerk upon the Clerk's own recommendation or upon the recommendation of the Chief of Police, the Planning and Building Inspector or the Fire Chief, which recommendation must be based upon good cause. The modified permit shall have the same force and effect as a new permit. Such modification shall take effect and shall result in the automatic revocation of the prior permit fifteen days after the notice thereof unless the permittee appeals the modification to the City Council. The original permit shall remain in effect pending decision by the Council.

Any permit issued under this Chapter shall be immediately suspended by the City Clerk upon the Clerk's own recommendation or upon the recommendation of the Chief of Police, the Planning and Building Inspector or the Fire Chief, based upon either a violation of this Chapter by the permittee or its agent or the discovery of some condition which would have been grounds for denial of the permit application. Such suspension shall result in the automatic revocation of the permit fifteen (15) days after the notice thereof unless the permittee appeals the suspension and revocation to the City Council. The suspension shall remain in effect pending decision by the Council.

A permittee desiring to continue conducting a bingo game shall at least forty five (45) calendar days before the expiration of the permit make application to the City Clerk for a renewal. The application for renewal shall be accompanied by the same fee and proofs and shall be processed in all respects as an original application. (Ord. 789, 6-5-78)