Simi Valley Municipal Code Ch. 24 Bingo Games

* Sections 5-24.01 through 5-24.24, as added by Ordinance No. 315, effective December 28, 1977, repealed by Ordinance No. 565, effective April 18, 1984. Sections 5-24.01 through 5-24.24, as added by Ordinance No. 565, effective April 18, 1984, as amended by Ordinance No. 604, effective April 17, 1985, repealed by Ordinance No. 699, effective March 30, 1989.

(a) Any organization exempted from the payment of the Bank and Corporation Tax by subsections (a), (b), (d), (e), (f), (g), or (l) of Section 23701 of the Revenue and Taxation Code of the State, as from time to time amended, and mobile home park associations and senior citizens organizations;

(b) For the purposes of this chapter, recreational bingo permittees shall be those eligible as a mobile home park association or senior citizen organization and nonrecreational permittees shall be those exempted from payment of the Bank and Corporation Tax by subsections (a), (b), (d), (e), (f), (g), or (l) of Section 23701 of the Revenue and Taxation Code of the State.

(c) Any organization described in subsections (a) and/or (b) of this section shall have leased, owned or held donated real property within the City or have operated the organization in the City or performed functions in the City for which the organization is organized, for at least twelve (12) consecutive months prior to application for a bingo permit in order to be eligible to apply to the City for a permit to conduct bingo games in the City under the provisions of this chapter.

(§ 1, Ord. 786, eff. January 7, 1993)

Eligible organizations desiring to obtain such permit to conduct bingo games in the City shall file an application in writing therefor with the Department of General Services on a form provided by the General Services Director. The issuing authority shall be the Chief of Police. The permit shall expire on March 1 and be issued for a term not exceeding one calendar year.

(§ 1, Ord. 786, eff. January 7, 1993, as amended by § 1, Ord. 884, eff. April 3, 1997)

No permit shall be issued to any organization unless such applicant is an eligible organization under Section 5-24.01 of this chapter and its application conforms to the requirements, terms, and conditions of this chapter.

(§ 1, Ord. 786, eff. January 7, 1993)

Applications for a bingo permit shall contain the following:

(a) The name of the applicant organization and a statement that the applicant is an eligible organization under Section 5-24.01 of this chapter;

(b) The name and signature of at least two (2) officers, including the presiding officer, of the organization requesting the application;

(c) The particular property within the City, including the street number, owned, leased by or donated to the applicant and 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;

(d) A statement detailing the specific use of the property identified in subsection (c) of this section by the organization, including days and hours of the organization's operation exclusive of the playing of bingo games;

(e) The proposed day of the week and hours of the day for conducting bingo games;

(f) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code of the State and this chapter, as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked by the City Manager upon the violation of any such provision;

(g) Such application shall be signed by the applicant under penalty of perjury;

(h) The applicant shall also submit, at the time of the application, a certificate of determination of exemption from the Franchise Tax Board of the State showing that the organization is exempt from tax under subsections (a), (b), (d), (e), (f), (g), or (l), of Section 23701 of the Revenue and Taxation Code of the State or a letter of good standing from the Exemption Division of the Franchise Tax Board of the State showing an exemption under said sections. This subsection shall not be applicable to those requesting permits as a mobile home park association or senior citizens organization; and

(i) Each initial application and request for renewal shall be accompanied by a fee of Fifty and no/100ths ($50.00) Dollars. If the application for a permit or the renewal thereof is denied, one-half (½) of such fee shall be refunded to the applicant.

(§ 1, Ord. 786, eff. January 7, 1993)

Upon the receipt of the completed application, the General Services Director shall refer the application to interested departments of the City, including, but not limited to, the City Manager, Police Department, Community Services Department, Public Works Department, Building and Safety Division, and County Fire Department for investigations 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.

(§ 1, Ord. 786, eff. January 7, 1993)

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the City, the Chief of Police may issue a permit to such applicant, which permit shall contain the following information:

(a) The name and nature of the organization to which the permit 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 permit; and

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

(§ 1, Ord. 786, eff. January 7, 1993, as amended by § 2, Ord. 884, eff. April 3, 1997)

(a) Whenever it appears to the Chief of Police that the permittee is conducting a bingo game in violation of any provision of this chapter, the Chief of Police shall have the authority to summarily suspend the permit and order the permittee to cease and desist any further operation of any bingo game. Concurrent with such order of suspension the Chief of Police shall serve upon the permittee or his/her agent at the organization's office or post office address, a statement of the reasons for the suspension.

(b) The order issued under subsection (a) of this section shall also notify the permittee that it shall have five (5) working days after the date of such order to request a hearing before the City Manager to determine whether such permit shall be revoked. Failure to request, in writing, such hearing before the City Manager within such five (5) working day period shall cause such suspension to operate as a revocation of the permit.

(c) Any person who continues to conduct a bingo game beyond seven (7) calendar days 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 to exceed Five Hundred and no/100ths ($500.00) Dollars, or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment, unless a hearing is requested pursuant to subsection (b) hereinabove, in which case the suspension order shall be stayed until the City Manager renders a decision. The decision of the City Manager shall be appealable to the City Council, if the appeal is filed within ten (10) calendar days of the rendering of the City Manager's decision. The filing of any such appeal, however, shall not stay any order issued by the City Manager.

(d) Upon a timely request by a permittee whose permit has been suspended under subsection (a) of this section for a hearing to determine whether such permit shall be revoked, the City Manager shall provide such hearing within ten (10) working days after the receipt of such request at which hearing the suspended permittee may appear before the City Manager for the purpose of presenting evidence why the permit should not be revoked. No permit shall be revoked under this section unless notice of the time and place of such City Manager hearing shall have been given at least (5) working days before the hearing thereof by depositing in the United States mail a notice directed to such suspended permittee at the address given in the application.

(e) Any organization whose permit is revoked under this section shall not conduct any bingo game in the City unless the Council, on appeal, overrules the decision of the City Manager.

(§ 1, Ord. 786, eff. January 7, 1993)

(a) Any holder of a permit whose permit is revoked under this chapter shall have the right, within ten (10) calendar days after receiving notice in writing of the revocation, to file a written appeal to the Council. Such appeal shall set forth the specific grounds on which it is based. The Council shall hold a hearing on the appeal within thirty (30) working days after its receipt by the City, or at a time thereafter mutually agreed upon, and shall cause the appellant to be given at least ten (10) working 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 or oral statement, or both, in both, in support of his appeal. The determination of the Council on appeal shall be final.

(b) Any organization whose permit is revoked may not again apply for a permit to conduct bingo games in the City for a period of one year after the date of such revocation. However, if the reason for the revocation of the permit was because of the cancellation of the exemption granted under the Revenue and Taxation Code of the State, such organization may immediately reapply for a permit upon proof of the reinstatement of such exemption.

(§ 1, Ord. 786, eff. January 7, 1993)

As used in this chapter, "bingo" shall mean a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card, which numbers or symbols conform to numbers or symbols selected at random.

(§ 1, Ord. 786, eff. January 7, 1993)

The total value of prizes awarded during the conduct of any bingo game shall not exceed Two Hundred Fifty and no/100ths ($250.00) Dollars in cash or kind, or both, for each separate game which is held.

(§ 1, Ord. 786, eff. January 7, 1993)

(a) With respect to organizations exempt from the payment of the Bank and Corporation Tax by subsection (d) of Section 23701 of the Revenue and Taxation Code of the State, 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.

(b) With respect to all 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:

(1) Such proceeds may be used for prizes; and

(2) A portion of the proceeds, not to exceed twenty (20%) percent of the proceeds before deductions for prizes, or Two Thousand and no/100ths ($2,000.00) Dollars per month, whichever is less, may be used for bingo license fees, the rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel.

(c) Each organization licensed to conduct bingo games pursuant to this chapter shall file a bimonthly report with the City Clerk. Such reports shall be filed on or before the tenth (10th) day following the end of even calendar months (February, April, June, August, October, and December) for the prior two (2) month period to be reported. Such reports shall contain the following information:

(1) The beginning and closing balances of the Special Fund Account;

(2) The date any bingo games were played;

(3) The number of bingo games played for each date;

(4) The number of players for each date;

(5) The amount of fees or moneys collected for each date;

(6) The total moneys and/or prizes awarded for each date, which would include the dollar value of the prizes;

(7) The total amount of the expenses paid, other than for prizes. All such expenditures of Twenty-Five and no/100ths ($25.00) Dollars or more shall be itemized, and the permittee shall retain receipts of all expenditures and have such receipts available for examination upon request; and

(8) The names and addresses of the operators and staff conducting the bingo games.

(d) No expenditure exceeding Two Hundred Fifty and no/100ths ($250.00) Dollars from the Special Fund Account may be made in cash, but shall be made by a check or other instrument in writing showing the payee and the date of payment.

(e) The City, by and through its authorized officers, shall have the right to examine and audit the records of the permittee as they relate to the required information, and the permittee shall make such records available to the City upon reasonable notice.

(f) The Department of General Services, in cooperation with other departments of the City, is hereby authorized to promulgate official forms and provide copies of such forms to permitted organizations for the purposes of complying with the reporting requirements of this chapter.

(§ 1, Ord. 786, eff. January 7, 1993, as amended by § 4, Ord. 884, eff. April 3, 1997)

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

(§ 1, Ord. 786, eff. January 7, 1993)

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

(§ 1, Ord. 786, eff. January 7, 1993)

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

(§ 1, Ord. 786, eff. January 7, 1993)

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 County Fire Department and the City Building and Safety Division in accordance with applicable laws and regulations. The permittee shall not reserve seats or space for any person.

(§ 1, Ord. 786, eff. January 7, 1993)

Permittees shall conduct bingo games only on property owned, leased by or donated to the permittee and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. The permits issued under this chapter shall authorize the holders thereof to conduct bingo games only on such 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 for the performance of the purposes for which the permittee is organized, the permit shall have no further force or effect. A new permit may be obtained by an eligible organization, upon an application under this chapter, when the organization again owns or leases property used by it for an office or for the performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned, leased by or donated to the organization be used or leased exclusively by such organization.

(§ 1, Ord. 786, eff. January 7, 1993)

No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo game.

(§ 1, Ord. 786, eff. January 7, 1993)

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

(§ 1, Ord. 786, eff. January 7, 1993)

Each permittee shall be limited to conducting bingo games to one day per week. However, if, as of January 15, of any year, a day of the week exists in which no non-recreational bingo permittee is authorized to conduct bingo games, then that vacant day for the ensuing year shall become available, by lot, to one non-recreational permittee per vacant day to conduct a second day of bingo per week. Requests to conduct a second day shall be submitted to the City Manager in writing prior to January 15 of each year. If a vacant day exists for which more than one applicant applies, a lottery shall take place prior to February 15 to determine the assignment of the vacant day. The non-recreational permittee which is assigned the vacant day to conduct a second day of bingo may conduct bingo games on the second day until the last day of February of the subsequent year. The holder of a second day permit may reapply annually as provided herein for renewal of that permit. Days which become vacant by non-use or permit revocation shall not be filled with this second day procedure until the next February 15 lottery date. Should any organization be issued its first day non-recreational bingo permit during the year for a day for which another organization has been issued its second day permit as provided herein, said second day permit shall remain effective until the last day of February, at which time said second day permit shall expire unless renewed as authorized herein. No permittee shall conduct any bingo game more than six (6) hours out of any twenty-four (24) hour period. No bingo game shall be conducted between the hours of 2:00 a.m. and 10:00 a.m.

(§ 1, Ord. 786, eff. January 7, 1993)

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.

(§ 1, Ord. 786, eff. January 7, 1993)

It shall be a misdemeanor under subsection (b) of Section 326.5 of the Penal Code of the State for any person to receive or pay a profit, wage, or salary from any bingo game authorized under this chapter, a violation of which shall be punishable by a fine not to exceed Ten Thousand and no/100ths ($10,000.00) Dollars, which fine shall be deposited in the General Fund of the City.

(§ 1, Ord. 786, eff. January 7, 1993)

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

(§ 1, Ord. 786, eff. January 7, 1993)

Any holder of a permit may petition the Chief of Police for a nonrecurring modification to the permit; provided, that the modification does not conflict with, or is not pre-empted by, State Penal Code Section 326.5.

The Chief of Police shall have the ultimate authority to approve or deny each such request.

(§ 1, Ord. 786, eff. January 7, 1993, as amended by § 3, Ord. 884, eff. April 3, 1997)

Effective June 1, 1990, no location within the City shall be permitted to be used for bingo games more than three (3) days per week.

(§ 1, Ord. 786, eff. January 7, 1993)