Shafter Municipal Code Ch. 5.24 Bingo

The following terms shall have the following meanings when used in this chapter:

A. "Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.

B. "Eligible organization" means an organization described in Section 5.24.020 of this chapter.

(Prior code § 5-11-1)

The following organizations 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 of the state of California and this chapter:

A. 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;

B. Mobile home park associations; and

C. Senior citizen organizations.

(Prior code § 5-11-2)

An eligible organization desiring to obtain a license to conduct bingo games in the city shall file an application in writing therefor in the office of the city clerk on a form to be provided by the city clerk. The issuing authority shall be the city manager. The license issued shall be either a general license for a one-year term or a special license for a one-day term.

(Prior code § 5-11-3)

The application for a license shall contain and include the following:

A. The name and address of the applicant organization and a statement that applicant is an eligible organization as described in Section 5.24.020;

B. The name and address of each director, officer and salaried or paid employee of the applicant organization;

C. Proposed day of the week and hours of day for conduct of bingo games;

D. The exact location and street address of the property to be used by the applicant organization for conducting bingo games;

E. A copy of the letter of exemption from the California Franchise Tax Board indicating the applicant is an exempt organization under Section 23701(d) of the California Revenue and Taxation Code;

F. A copy of the letter from the Internal Revenue Service indicating the applicant is a corporation, trust or community chest to which a contribution or gift would constitute a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954;

G. A statement by the applicant that the property described in subsection D of this section is owned by the applicant or is leased by the applicant and that the property is used by the applicant for the office or for the performance of the purposes for which the applicant is organized;

H. A statement that the applicant agrees to conduct the bingo games in strict compliance with the provisions of Section 326.5 of the California 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 city upon violation of such provisions.

(Prior code § 5-11-6)

Upon receipt of a completed application and the license fee, the city clerk shall refer the same to interested departments of the city, including, but not limited to, the city manager, city attorney, police department, city planning department, and fire 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 a place where bingo games may lawfully be conducted under applicable laws, ordinances, codes and regulations.

(Prior code § 5-11-7)

Licenses to conduct bingo games shall be issued only to eligible organizations. The city manager shall not issue such a license if it appears from the application that the conduct of such games would be in violation of any of the provisions of this chapter or Section 326.5 of the Penal Code of California.

(Prior code § 5-11-5)

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the city, the city manager 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;

B. The address where bingo games are authorized to be conducted;

C. The occupancy capacity of the room 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 § 5-11-8)

A. Each general bingo license shall be issued for a term of one year from the date of its issuance. The term shall be renewable annually. The license fee for a general license shall be the maximum amount permitted by Penal Code Section 326.5.

B. Each special bingo license shall be issued for one day only. The license fee for a special license shall be established and prescribed by resolution of the city council of the city.

(Ord. 409 § 1, 1988: prior code § 5-11-4)

A. Whenever it appears to the chief of police that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the chief of police shall have the authority summarily to suspend the license and order the licensee to cease and desist immediately any further operation of bingo games in the city.

B. Any person who continues to conduct a bingo game after any summary suspension thereof under subsection A of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

C. Any order issued under subsection A of this section shall also notify the licensee that the licensee shall have five days from the date of such order to request a hearing before the city manager to determine whether such license shall be revoked. Failure of the licensee to request, in writing, such a hearing before the city manager within the five-day period shall result in a revocation of the license.

D. Upon written request for a hearing by a licensee, whose license has been suspended under subsection A of this section, to determine whether such license shall be revoked, the city manager shall hold and conduct such hearing within fifteen days after receipt of such request. At such hearing the suspended licensee may appear before the city manager 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 shall have 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 grounds 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 council, on appeal, determines to overrule the decision of the city manager.

(Prior code § 5-11-9)

A. Whenever it appears to the city manager that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by false representation, and no summary suspension is ordered, under Section 5.24.090, the license may be revoked; provided, however, the licensee may appear before the city manager at the time fixed by the city manager, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have 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 grounds 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 council, on appeal, determines to overrule the decision of the city manager.

(Prior code § 5-11-10)

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

(Prior code § 5-11-11)

No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo games.

(Prior code § 5-11-12(C))

A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game.

(Prior code § 5-11-12(D))

A licensee shall conduct a bingo game only on property used by such organization for an office or for performance of the purposes for which the organization is organized. Such property need not, however, be used, leased or owned exclusively by the organization. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on the property the address of which is stated in the application. In the event the described property ceases to be used as an office or as a place of performance of the purposes for which the licensee is organized, the license shall thereupon become null and void and have no further force or effect. A new license may be obtained by an eligible organization upon application under this chapter when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.

(Prior code § 5-11-12(G))

No licensee shall conduct any bingo game more than four hours during any day. No bingo game shall be conducted before one p.m. or after eleven p.m. on any day. No bingo games shall be conducted by any licensee on a Sunday or more often than one day per week.

(Prior code § 5-11-12(K))

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

(Prior code § 5-11-12(E))

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 department of the city in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person.

(Prior code § 5-11-12(F))

No alcoholic beverages shall be served or consumed during the operation of a bingo game at any place or premises where such bingo games are conducted, which place is accessible to the public.

(Prior code § 5-11-12(J))

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

(Prior code § 5-11-12(I))

No person under the age of eighteen years of age shall not be allowed to participate in any bingo game.

(Prior code § 5-11-12(H))

The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game.

(Prior code § 5-11-12(A))

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 § 5-11-12(L))

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. The licensee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phrase of bingo games 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 licensee shall fully cooperate with the city by making such records available.

(Prior code § 5-11-12(B))

Organizations exempted from the payment of the bank and corporation tax by Section 23701D of the Revenue and Taxation Code, a contribution or gift to which would be a charitable contribution under Section 170(C)(2) of the Internal Revenue Code of 1954, shall not be disqualified for such exemptions if it conducts bingo games, provided the proceeds of such games are exclusively used for the charitable purposes of the organization.

(Prior code § 5-11-12(N))

It is a misdemeanor under Section 326.5(b) of the Penal Code of the state of California for any person to pay or 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 ten thousand dollars, which fine shall be deposited in the general fund of the city.

(Prior code § 5-11-12(M))

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 § 5-11-13)