Chapter 5.12 — Bingo

Pursuant to the provisions of Section 326.5 of the Penal Code, as adopted by the Legislature of the state of California in the 1975-76 Regular Session, and as has been amended by them since being adopted, bingo games will be permitted within the city under the terms and conditions specified in this chapter.

(Prior code § 5-A.1)

An annual bingo license may be granted by the city to any organization which wishes to conduct bingo games within the city for the sole benefit of such organization, which organization is exempted from the payment of the Bank and Corporation Tax by Sections 23701a , 23701b , 23701d , 23701e , 23701f , 23701g , and 23701(L) of the Revenue and Taxation Code, and by mobilehome park associations and senior citizens' organizations; and provided that the receipts of such games are used only for charitable purposes. Such application shall be in writing to the chief of police or his designee of the city, and shall be accompanied by the following:

• A. An annual bingo license fee in the amount of $50. One-half of such license fee paid shall be refunded to the organization if the application for license is denied. In addition, a fee of one percent of the monthly gross receipts over $5,000 shall be an additional fee and shall be collected monthly;

• B. A statement indicating the purpose and uses for which the proceeds of such bingo games are to be used;

• C. A report from the building, planning and fire departments of the city, stating that inspection of the property has been made and such property meets with the fire, building and safety regulations, and has adequate off-street parking for one car for each two possible participants in the bingo games.

(Prior code § 5-A.2)

• A. Licenses for bingo games shall be issued by the chief of police, or designee.

• B. Licenses for bingo games which have been issued by the city may be renewed annually by the chief of police or his designee, upon the following conditions:

  1. Payment of the annual bingo license fees in the amount of $50. One-half of such license fee paid is to be refunded to the organization if an application for a license renewal is denied. In addition, a fee of one percent of the monthly gross receipts over $5,000 shall be an additional fee and shall be collected monthly;

  2. Submission by the licensee of a verified statement on a form provided by the city, indicating the use of the funds which were derived from the games held in the previous year;

3. Submission of a certified statement signed by the officers of the organization holding such license for the previous year, stating that the bingo games which have been held were operated in conformance with the provisions of this chapter.

(Prior code § 5-A.3)

All bingo games operated under licensing by the city, as provided herein, shall be held in strict compliance with the following restrictions:

• A. No minors shall be allowed to participate in any bingo games;

• B. An organization authorized to conduct bingo games pursuant to Section 5.12.020 shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to required that the property owned or leased by the organization be used or leased exclusively by such organization;

• C. All bingo games shall be open to the public, not just to the members of the authorized organization;

• D. All bingo games shall be operated and staffed only by members of the authorized organization which organized them. 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 of any other phase of such game;

• E. 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;

• F. With respect to organizations exempt from payment of the Bank and Corporation Tax by Section 23701d of the Revenue and Taxation Code, all profits derived from bingo games shall be held in a special fund or account, and shall not be commingled with any other funds or accounts. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from the bingo games 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 20% or $1,000 per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, and administrative expenses;

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

• G. No person shall be allowed to participate in a bingo game unless such person is physically present at the time and place the bingo game is being conducted;

• H. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($50.00) in cash or in kind, or both, for each separate game which is held;

• I. 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 Penal Code Section 330c , as used herein the game of bingo shall 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. 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." It is the intention of the city council that bingo as defined in this subsection applies exclusively to this chapter and shall not be applied in the construction or enforcement of any other ordinance provision or provision of law.

• (Prior code § 5-A.4)

• A. No person shall receive or pay a profit, wage or salary from any bingo game licensed under the provisions of this chapter, and any violation of this prohibition shall be punished by a fine not to exceed $10,000, which fine shall be deposited in the general fund of said city.

• B. Any violation of any provision of this chapter, other than subsection (a) of this section, is a misdemeanor.

• C. In addition to any other remedy available, the city may bring an action to enjoin any violation or threatened violation of this chapter.

(Prior code § 5-A.5)