Suisun City Municipal Code Ch. 5.08 Bingo

This chapter is enacted pursuant to Article IV, Section 19 of the California Constitution.

(Ord. 719, § 2, 7-5-2011; Ord. 411 § 1, 1978)

Pursuant to Penal Code Section 326.5, bingo games are authorized by and for the benefit of eligible organizations, to be conducted pursuant to this chapter.

(Ord. 719, § 2, 7-5-2011; Ord. 411 § 2, 1978)

As used in this chapter, unless the context otherwise requires:

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. The game of "bingo" includes 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 operating of the bingo game. All such preprinted cards shall bear the legend "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." "Bingo," as defined in this section, applies exclusively to this chapter and shall not be applied in the construction or enforcement of any other provision of the law.

B. "Eligible organization" means an organization which is exempt from payment of the bank and corporation tax under California Revenue and Taxation Code Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), 23701(k),23701(l), and 23701(w), or a mobile home park association or senior citizens' organization.

(Ord. 719, § 2, 7-5-2011; Ord. 498, § 1, 1983; Ord. 411, § 3, 1978)

No person shall conduct or participate in a bingo game which is not licensed pursuant to this chapter.

(Ord. 719, § 2, 7-5-2011; Ord. 411, § 4, 1978)

A. Each eligible organization seeking a license to conduct bingo games shall file with the department of finance an application to be accompanied with a fifty dollar application fee, one-half of which is refundable if the application is denied. The issuing authority shall be the chief of police subject to a final review/approval by the city council in the event the chief of police recommends the issuance of a license. The chief of police shall have a reasonable time in which to investigate the application and background of the applicant prior to the proposed date of the bingo game or games.

B. The application shall include at least the following:

1. The name and address of the eligible organization which is seeking to conduct the game;

2. The name and address of the eligible organization for whose benefit the game is conducted;

3. A list of all officers of the organization to include their full name, date of birth, place of birth, physical description & driver's license number;

4. The building or location where the game will be conducted and the name and address of the owner thereof;

5. The date(s) and time(s) of the proposed bingo game or games;

6. Evidence of exemption under Revenue and Taxation Code Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), 23701(k), 23701(l), and 23701(w);

7. Evidence, in the alternative to Subdivision 6 of this section, that the applicant is a mobile home park association or a senior citizens' organization;

8. Such other information as the chief of police deems relevant to the enforcement of this chapter.

(Ord. 719, § 2, 7-5-2011; Ord. 411, § 5, 1978)

A. 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 application.

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

(Ord. 719, § 2, 7-5-2011; Ord. 411, § 6, 1978)

A. Upon the recommendation of the chief of police to approve of an application for a bingo license, the chief of police shall refer the recommendation to the city council for review and approval. Issuance of a bingo license does not constitute approval or issuance of any other applicable licenses, permits, or approvals that may be required to operate per SCMC.

B. The license may be issued for any term not to exceed one year. The license may be renewed in accordance with the application process described in SCMC 5.08.050 for terms not to exceed one year.

(Ord. 719, § 2, 7-5-2011; Ord. 411, § 7, 1978)

The chief of police may, upon notice and opportunity to be heard, revoke or suspend any license issued under this chapter for cause. Revocation or suspension may be appealed to the city council upon written notice of appeal filed with the city manager within ten days of the date of the revocation or suspension. The action of the council shall be final.

(Ord. 719, § 2, 7-5-2011; Ord. 511, § 2(part), 1985; Ord. 411, § 8, 1978)

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

(Ord. 719, § 2, 7-5-2011; Ord. 411, § 9, 1978)

An eligible organization shall conduct a bingo game only on property owned or leased by it.

(Ord. 719, § 2, 7-5-2011; Ord. 411, § 10, 1978)

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

(Ord. 719, § 2, 7-5-2011; Ord. 411, § 11, 1978)

A bingo game shall be operated and staffed only by members of the eligible organization which organized it. Such members 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. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of the bingo games, as provided by California Statute 326.5.

(Ord. 719, § 2, 7-5-2011; Ord. 498, § 2(part), 1983; 411, § 12(part), 1978)

A bingo game, which includes cards having figures, numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes to certain combinations of figures, numbers or symbols upon uncovering or disclosure of the same, are subject to the following rules and regulations:

A. It shall be conducted only by an organization licensed to conduct a bingo game and 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. It shall be conducted only at the time and place of the bingo game described in Section 5.08.050

C. All bingo cards shall comply with the standards approved and authorized by the California State Gambling Control Commission.

D. No person participating in the operation of a bingo game shall purchase a card on the night of his or her participation.

(Ord. 719, § 2, 7-5-2011; Ord. 498, § 2(part), 1983; Ord. 411, § 12(part), 1978)

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

(Ord. 719, § 2, 7-5-2011; Ord. 411, § 13, 1978)

A. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code, 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 profit shall be used only for charitable purposes.

B. With respect to other organizations authorized to conduct bingo games pursuant to Section 23701 of the Revenue and Taxation Code, except 23701(d) of the Revenue and Taxation Code, 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 organization not within Subsection A. of this section. 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 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 and overhead including the purchase of bingo equipment, administrative expenses, security equipment and security personnel;

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

(Ord. 719, § 2, 7-5-2011; Ord. 512, § 1, 1985; Ord. 411, § 14, 1978)

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.

(Ord. 719, § 2, 7-5-2011; Ord. 411, § 14, 1978)

Throughout the conduct of any bingo session, the value of prizes awarded shall not exceed five hundred dollars in cash or in kind, or both, for each separate game which is held.

(Ord. 719, § 2, 7-5-2011; Ord. 411, § 15, 1978)

No person shall consume any alcoholic beverages on any premises where a bingo game is being conducted.

(Ord. 719, § 2, 7-5-2011; Ord. 411, § 16, 1978)

Licensees shall keep and maintain full, complete and accurate records and accounts and shall include in such accounts the amount of money obtained from players, the amount of money or type and value of prizes given for each bingo game played, and the disposition of all funds generated by the conduct of bingo games. The city shall have the right to inspect such records at any reasonable time.

(Ord. 719, § 2, 7-5-2011; Ord. 411, § 17, 1978)

Time(s) and day(s) of operation shall comply with the conditions set forth within any and all required permits and licenses.

(Ord. 719, § 2, 7-5-2011; Ord. 512, § 2, 1985)