South El Monte Municipal Code Ch. 5.12 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. Bingo shall include cards having numbers or symbols which are concealed and prepared in a manner providing for the distribution of prizes.

(Prior code §5-20-1; Ord. 800, 1987)

Corporations, community chests or trusts, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701(l) of the California Revenue and Taxation Code and mobilehome park associations and senior citizens' 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 California Penal Code and the provisions of this chapter.

(Prior code §5-20-2)

Eligible organizations desiring to obtain a license to conduct bingo games in the city shall file an application in writing therefor in the office of the finance director on a form to be provided by the finance director. The issuing authority shall be the city administrator. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee.

(Prior code §5-20-3)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.12.020 and its application forms to the requirements, terms and conditions of this chapter.

(Prior code §5-20-4)

An application for a license shall contain the following:

A. The name of the applicant organization and a statement that the applicant is an eligible organization under Section 5.12.020;

B. The name and signature of at least two officers, including the presiding officer, of the corporation or community chest and the trustee of any trust;

C. The particular property within the city, including the street number, owned, leased by or donated to the applicant, 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 of such place;

D. Proposed days of week and hours of day for conduct of bingo games;

E. That the applicant agrees to conduct bingo games in strict accordance 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 administrator upon violation of any such provisions;

F. The application shall be signed by a duly authorized officer (or trustee if applicant is a trust) of the applicant under penalty of perjury;

G. The annual license fee fixed by the city council shall accompany the application;

H. The applicant shall also submit, if applicable, a certificate or Determination of Exemption under Section 23701d of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing exemption under said Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701(l).

(Prior code §5-20-5; Ord. 800, 1987)

Upon receipt of the completed application and the fee, the finance director shall refer the same to interested departments of the city, including, but not limited to, the city administrator, the city attorney, the sheriff's department, the planning department and the 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 property on which bingo games may lawfully be conducted, as to fire, occupancy, and other applicable restrictions.

(Prior code §5-20-6)

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city, the city administrator 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 to be conducted.

C. The occupancy capacity of the room in which the bingo games are authorized to be conducted.

D. The date of the expiration of the license.

E. Such other information including conditions as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Prior code §5-20-7)

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

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

D. Upon such request by the licensee, whose license has been suspended under subsection A of this section, for a hearing to determine whether such license shall be revoked, the city administrator shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the city administrator 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 been first given at least five days before the hearing thereof by depositing in the United States mail a notice directed 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 administrator.

(Prior code §5-20-8)

A. Whenever it appears to the city administrator that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered under Section 5.12.080, or that the manner in which bingo games are being operated interferes with the use and enjoyment of adjacent and nearby properties, the license may be revoked; provided, however, the licensee may appear before the city administrator at the time fixed by the city administrator 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 first have 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. Provided further, that the city administrator may attach conditions to the license to make the conduct of the bingo games compatible with the adjacent and nearby properties.

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 administrator.

(Prior code §5-20-9)

A. Any holder of a license whose license is revoked or conditioned under this chapter shall have the right, within ten days after receiving notice in writing of the revocations or conditions 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 applicant 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 written or oral argument, or both, in support of its appeal. The determination of the city council on the appeal shall be final.

B. Any organization whose license is finally revoked may not 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 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of the exemption.

(Prior code §5-20-10)

A license fee imposed upon each applicant for each year or any portion thereof during which a license is in effect pursuant to this chapter shall be determined by resolution of the city council. Such license fee shall not be apportioned or prorated for any period of less than a year. A license issued pursuant to this chapter shall be renewable, in the absence of revocation or grounds for revocation, during the thirty-day period prior to its expiration. The licensee may apply for renewal on a form prescribed by the city manager accompanied by payment of the annual license fee. If it appears that there are grounds for revocation the license renewal may be denied; provided, however, that the procedure specified in Section 5.12.090 with respect to revocation shall be followed in connection with denial or renewal on such grounds. A license not so renewed shall expire automatically at the end of the license year. The amount of the license fee is found to be not more than the actual cost of issuing a license under this chapter. If any application is denied, one-half of the license fee shall be refunded.

(Prior code §5-20-11; Ord. 847 §9, 1989)

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 which is held.

(Prior code §5-20-12)

All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled any other fund or account. The licensee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase 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 record at any reasonable time and the licensee shall fully cooperate with the city by making such record available.

(Prior code §5-20-13)

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

(Prior code §5-20-14)

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 §5-20-15)

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

(Prior code §5-20-16)

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 §5-20-17)

A licensee shall conduct a bingo game only on property owned, leased or donated to the applicant, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder 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 and as a place for the performance of the purposes for which the licensee is organized, the license shall 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 §5-20-18; Ord. 800, 1987)

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

(Prior code §5-20-19)

No licensee shall conduct any bingo game more than six hours out of any twenty-four-hour period. No bingo game shall be conducted before nine a.m. nor after two a.m. of any day.

(Prior code §5-20-20)

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 §5-20-21)

It is a misdemeanor under Section 326.5(b) of the Penal Code of the state for any person to 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 §5-20-22)

All proceeds shall only be used for charitable purposes, except as follows:

A. Such proceeds may be used for prizes.

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

(Prior code §5-20-23; Ord. 800, 1987)

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

(Prior code §5-20-24)

Any person violating any provisions of this chapter is guilty of a misdemeanor and upon conviction of an offense other than that specified in Section 5.12.220 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.

(Prior code §5-20-25)