Sonora Municipal Code § 9.36 Bingo Games

The city, pursuant to Section 19 of Article IV of the California Constitution and Section 326.5 of the Penal Code, authorizes and provides for bingo games in the city, but only for charitable purposes in accordance with the provisions of the Constitution, the Penal Code and this chapter.

(Ord. 513 § 1 (part), 1978.)

Whenever in this chapter the following terms are used they shall have the meanings respectively ascribed to them in this section.

"Authorized organization" is an organization 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(i) of the Revenue and Taxation Code and senior citizens' organizations.

"Bingo" is 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.

"Minor" is any person under the age of eighteen years.

(Ord. 513 § 1 (part), 1978.)

It is unlawful for any person to conduct any bingo game in the city unless such person is a member of an authorized organization acting on behalf of such authorized organization and has been issued a license as provided by this chapter.

(Ord. 513 § 1 (part), 1978.)

Application for license shall be made to the chief of police on forms prescribed by the chief of police and shall be filed not less than ten days prior to the proposed date of the bingo game or games. The application shall be signed under penalty of perjury. Such application form shall require from the applicant at least the following:

A. A list of all members who will operate the bingo game, including full names of each member, date of birth, place of birth, physical description and driver's license number, and Social Security numbers;

B. The date(s) and place(s) of the proposed bingo game or games;

C. Proof that the organization is an authorized organization as defined by this chapter.

(Ord. 513 § 1 (part), 1978.)

The term of a bingo license shall be one calendar year from the date of issuance and may be renewed annually upon application therefor.

The fee for a bingo license shall be fifty dollars. The fee for renewal shall be ten dollars. The appropriate fee shall accompany the submission of each application. If an application for a license is denied, one-half of any license fee paid shall be refunded to the applicant.

(Ord. 513 § 1 (part), 1978.)

Upon receipt of an application for a license, the chief of police may send copies of such application to any office or department which the chief of police deems essential in order to carry out a proper investigation of the applicant.

The chief of police and every officer or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant, and may examine the premises to be used for the bingo game.

Upon approval of any application for a bingo license, the chief of police shall issue the license.

(Ord. 513 § 1 (part), 1978.)

Each license issued under this chapter shall be issued to a specific person on behalf of a specific authorized organization to conduct a bingo game at a specific location and shall in no event be transferable from one person to another nor from one location to another.

(Ord. 513 § 1 (part), 1978.)

An authorized organization shall conduct a bingo game only on property both owned or leased by it, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this chapter shall be construed to require that the property owned or leased by the authorized organization be used or leased exclusively by such organization.

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

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

C. A bingo game shall be operated and staffed only by members of the organization which organized it. Such members shall be approved by the chief of police and 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.

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

E. 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.

2. A portion of such proceeds, not to exceed ten percent of the proceeds after deduction for prizes, or five hundred dollars per month, whichever is less, may be for rental of property, overhead and administrative expenses.

F. 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.

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

H. No bingo game shall be conducted between the hours of midnight and eight a.m. on any one day.

I. The number of the license issued shall appear on all advertisements for bingo games authorized by this chapter.

(Ord. 513 § 1 (part), 1978.)

Any peace officer of the city shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo games.

(Ord. 513 § 1 (part), 1978.)

The chief of police may deny an application for bingo license, or suspend or revoke a license if he finds the applicant or licensee or any agent or representative thereof has:

A. Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this chapter; or

B. Violated any of the provisions of this chapter.

If, after investigation, the chief of police determines that a bingo license should be suspended or revoked or an application for such license denied, he shall prepare a notice of suspension, revocation or denial of application setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant's last address provided in the application or be personally delivered. Any person who has had an application for a bingo license denied by the chief of police or who has had a bingo license suspended or revoked by the chief of police may appeal the chief's decision in the manner provided in this chapter.

(Ord. 513 § 1 (part), 1978.)

Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section:

A. Within fifteen calendar days after the date of any denial, suspension, revocation or other decision of the chief of police, an aggrieved party may appeal such action by filing with the city clerk a written appeal briefly setting forth the reasons why such denial, suspension, revocation or other decision is not proper.

B. Upon receipt of such written appeal, the city clerk shall assign a date for a hearing before the city council. At least one week prior to the date of the hearing on the appeal, the clerk shall notify the appellant and chief of the date and place of the hearing. The city council is authorized to issue subpoenas, to administer oaths, and to conduct the hearing on the appeal. At such hearing the chief of police and the appellant may present evidence relevant to the denial, suspension, revocation or other decision of the chief. The city council shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to such hearing.

C. At the conclusion of the hearing, the city council may uphold the denial, suspension, revocation or other decision of the chief of police, or the city council may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other chief's decision which is the subject of the appeal. The decision of the city council shall be final.

(Ord. 513 § 1 (part), 1978.)

A. It is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter.

B. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter is guilty of a misdemeanor.

(Ord. 513 § 1 (part), 1978.)