Stanton Municipal Code Ch. 5.36 Bingo Games

Corporations, community chests or trusts which are:

A. Organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, and for the prevention of cruelty to children or animals; and

B. Exempted from the payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954; and

C. Having its principal office or headquarters within the city or devoting at least sixty percent of the income of the association for charitable purposes within the city; 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 and the provisions of this chapter.

D. Chambers of commerce having their principal office or headquarters within the city and exempt from the payment of bank and corporation tax by Section 23701e of the Revenue and Taxation Code are eligible to apply to the city for a license to conduct bingo games under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter.

E. Mobilehome park associations and senior citizens organizations are eligible to apply for a license to conduct bingo games under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter.

(Prior code § 5.34.010; Ord. 771 § 1, 1995; Ord. 809 § 1, 1998)

Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application in writing therefor in the office of the director of finance on a form to be provided by the director of finance. The issuing authority shall be the city manager.

(Prior code § 5.34.020)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.36.010 and its application conforms to the requirement, terms and conditions and this chapter.

(Prior code § 5.34.030)

The application for a license shall contain the following:

A. The name of the applicant organization and a statement that applicant is an eligible organization under Section 5.36.010;

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 or leased by the applicant, used by such applicant for an office or for 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. 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 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 manager upon violation of any of such provisions;

F. Said application shall be signed by the applicant under penalty of perjury;

G. The license fee as set forth in Section 5.36.045 hereof;

H. The applicant shall also submit, with its application, a certificate or determination of exemption under Section 23701d of the Revenue and Taxation Code, or, in the instance of a chamber of commerce under Section 23701e, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing exemption under said Section 23701d, or, in the instance of a chamber of commerce under Section 23701e.

(Prior code § 5.34.040; Ord. 771 § 2, 1995; Ord. 784 § 1, 1996)

A. Pursuant to California Penal Code Section 326.5(l)(2), a license fee of fifty dollars shall be paid upon application for a license.

B. Each organization or group that has been issued a bingo license pursuant to the terms of this chapter shall, on or before March 1st of each year, submit to the city an audit certifying the licensee's compliance with the requirements of this chapter for the previous calendar year. For licensed bingo organizations with annual gross revenues over twenty-five thousand dollars, the audit shall be prepared by a certified public accountant selected by the licensee; provided, however, that such auditor, as well as the scope of the audit, shall be subject to the prior written approval of the city manager or his or her designee. For all other licensees, the audit may consist of a financial statement of the licensee, in a form approved by the city manager or his or her designee. The cost of such audit shall be the responsibility of the licensee. The failure of a licensee to submit an audit in accordance with this section shall be cause for revocation of the license issued hereunder.

C. If an application for a bingo license is denied, one-half of any license fee paid shall be refunded.

D. The amount of the license fee may be amended by resolution of the city council.

(Ord. 784 § 2, 1996; Ord. 809 § 2, 1998; Ord. 849 § 1, 2001)

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 manager, city attorney, police 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 § 5.34.060)

Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the city, the city manager shall issue a license to said 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 § 5.34.060)

A. Whenever it appears to the city manager that the licensee is conducting a bingo games in violation of any of the provisions of this chapter, the city manager 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 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 notify the licensee that it shall have five days from the date of such order to request a hearing to determine whether such license will be revoked. Failure to request, in writing, such hearing before the city manager within said 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 manager shall provide such hearing within ten days after receipt of such request at which 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 has first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced at 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 § 5.34.070)

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 fraudulent representation and no summary suspension is ordered under Section 5.36.070, 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 has first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the ground 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 § 5.34.080)

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 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 representative shall have the right to present evidence and a written or 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 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

(Prior code § 5.34.090)

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. Notwithstanding Section 330(c) of the Penal Code of the state, as used in Section 326.5 of said Penal Code, the game of bingo shall also include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. On such preprinted cards shall appear the legend, "For sale or use only in a bingo game authorized under California law and pursuant to local ordinance."

(Prior code § 5.34.100; Ord. 595 § 1, 1984)

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 § 5.34.110; Ord. 617 § 1, 1985; Ord. 642 § 2, 1986; Ord. 764 § 2A, 1995)

A. With respect to organizations exempt from payment of the bank and corporations tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in the special fund or account and shall not be commingled with any other fund or account. Those profits shall be used only for charitable purposes.

B. With respect to other organizations authorized to conduct bingo games pursuant to this section, 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. Proceeds are the receipts of bingo games conducted by organizations not within subsection A above. Those proceeds shall be used only for charitable purposes, except as follows:

1. The proceeds may be used for prizes.

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

3. The proceeds may be used to pay license fees.

C. All licenses under this chapter 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 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 licensee shall fully cooperate with the city by making such record available.

(Prior code § 5.34.120; Ord. 789 § 15, 1997)

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 § 5.34.130)

A bingo game shall be operated and staffed only by members of the licensee organization. Those members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such a game, or participate in the promotion, supervision, or any other phase of such a game. This section does not preclude the employment of security personnel who are not members of the authorized organization at such a bingo game by the licensee.

(Prior code § 5.34.140; Ord. 789 § 15, 1997)

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

(Prior code § 5.34.150)

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. Licensee shall not reserve seats or space for any person.

(Prior code § 5.34.160)

A licensee shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, 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 or as a place for 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 § 5.34.170; Ord. 789 § 15, 1997)

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

(Prior code § 5.34.180)

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

(Prior code § 5.34.190)

Bingo games shall not be conducted by any licensee more frequently than three days per week nor more than eight hours in any day. No bingo games shall be conducted before ten a.m. nor after two a.m. of any day. Notwithstanding the foregoing or any other provisions of this chapter, any duly licensed organization may, in addition to its regular schedule, hold a special event day during which an unlimited number of bingo games may be conducted for up to eight hours on that day. No organization shall hold more than four special event days during any calendar year. At least thirty days prior to the special event day, the organization shall notify the city manager in writing of the date and hours of the special event.

(Prior code § 5.34.200; Ord. 493 § 1, 1977; Ord. 642 § 1, 1986; Ord. 764 § 2B, 1995; Ord. 814 § 1, 1998; Ord. 823 § 1, 1999; Ord. 845 § 1, 2001)

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 § 5.34.210)

It is a misdemeanor under Section 326.5(b) of the Penal Code 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 § 5.34.220)

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 § 5.34.230; Ord. 789 § 15, 1997)