Sutter County Municipal Code Ch. 280 Operation of Bingo Games

Pursuant to the authority provided in Section 19(c), Article IV, of the California State Constitution and Section 326.5 of the Penal Code, the County of Sutter establishes the following requirements for the conduct of bingo games by nonprofit, charitable organizations in the unincorporated area of the County.

As used in this Ordinance, "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.

No person, or organization, or other legal entity shall be permitted to conduct bingo games in the unincorporated area of the County unless such persons, organizations, or other legal entities possess a valid certificate or letter from the Franchise Tax Board and the Internal Revenue Service stating that they are exempted from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code and that a contribution or gift to them would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954, and possess a valid permit and license issued pursuant to the provisions of this Ordinance.

No minor shall be allowed to participate in any bingo game.

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

A bingo game shall be operated and staffed only by members of the nonprofit, charitable organization which organized it. Only an organization authorized to conduct a bingo game by permit and license issued pursuant to this Chapter shall operate such game, or engage in promotion, supervision, or any other phase of such game.

No person or agent of such person shall receive profit, wage, salary, or other income from any bingo game authorized by this Ordinance, except as a bona fide prize received as a participant in such bingo game.

A nonprofit, charitable organization shall conduct a bingo game only on property owned and leased by it, and which property is used by such organization solely for an office or for performance of the purposes for which the organization is organized.

All equipment used in the operation of bingo games shall be owned by the organization authorized by permit and license to conduct such bingo games.

All profit derived from the bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Full and accurate records of income and expenses received and disbursed in connection with bingo game operations, conduct, promotion, supervision, or any other phase of bingo games which are authorized by this Ordinance shall be kept by the licensee. County, by and through its authorized officers, shall have the right to examine and audit any such records at reasonable times and places. Said records shall be retained for such period of time as required by state and federal law and for a period of no less than three years for purposes of this Ordinance.

The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

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

All bingo games shall be conducted only during the hours of noon to 2:00 a.m.

No person or organization shall conduct a bingo game without first obtaining a permit from the Sheriff to do so.

Written application for permit required by this Ordinance shall be made by affidavit under penalty of perjury and filed with the Sheriff. Such application shall contain:

(a) Name of organization; names, signatures, and addresses of all officers of the organization.

(b) Days and hours of operation of bingo games.

(c) Attached copies of certificates or letters evidencing exempt status under Section 23701(d) of the Revenue and Taxation Code and Section 170(c)(2) of the Internal Revenue Code of 1954, received from the Franchise Tax Board and the Internal Revenue Service.

(d) Address of premises where bingo games will be conducted.

(e) Statement of ownership or lease of premises.

(f) Purpose(s) for which such premises are used by the organization.

(g) Statement of ownership of bingo equipment used in the operation of bingo games.

(h) Statement of consent for the Sheriff to inspect any bank accounts containing profits derived from bingo games, and to enter upon the premises for inspection and enforcement of violations when games are in progress.

(i) Name of each individual corporation, partnership, or other legal entity which has a financial interest in the conduct of bingo games.

(j) Name of person responsible for the operation of the bingo games.

(k) The occupancy capacity of the room in which bingo games are to be conducted.

The Sheriff shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for purposes of his investigation. If he finds that such operators or persons assisting in the operation of a bingo game have been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude, he may refuse to issue a permit.

The Sheriff shall submit each application to the following County departments for investigation and recommendation:

(a) Fire Marshal, as to any fire hazard on the premises in question.

(b) The Health Officer, as to any health and sanitary conditions of the premises in question.

(c) The Development Services Department, as to compliance with County building regulations.

(d) The Planning Commission, as to compliance with County zoning requirements and the County Zoning Ordinance.

([683] Ord. 1585, Sec. 3, May 28, 2013)

If the permit is approved, the Sheriff may include such restrictions and conditions in the permit as the Sheriff deems reasonable and necessary under the circumstances to insure compliance with the purposes and intent of this Ordinance.

A permit shall not be issued if, after consideration of the application and any other papers, records, and files the sheriff deems relevant, it is determined that the operation of a bingo game would be injurious to the health, safety, and morals of the people of the County of Sutter, or that the permit application or proposed mode of operation of the bingo game is not in compliance with the provisions of this Ordinance. Any organization denied a permit may request a hearing as though Section 280-270 was applicable.

Any changes as to the staff operating or assisting in the operation of the bingo game or any other changes in the operation furnished under this Ordinance made subject to the issuance of a bingo permit and license shall be reported to the Sheriff for any further investigation which he deems necessary and appropriate. If, after such investigation, the Sheriff finds that the changes require suspension or revocation of a bingo permit and license, said license shall be revoked.

In addition to obtaining a permit as required by this Ordinance, each organization conducting a bingo game shall obtain a license from the Sheriff; no license shall be issued until the applicant therefor has a valid permit covering the organization and premises.

Each organization proposing to conduct ten bingo games or less a year may obtain a special license from the license collector for each bingo game. Said special license shall be valid only for the bingo game specified thereon.

Each organization proposing to conduct more than ten bingo games shall obtain a general bingo license from the Sheriff.

(a) The fee for a special license shall be ten dollars ($10.00) payable at the time of issuance thereof.

(b) The fee for a general license shall be ten dollars ($10.00) payable at the time of issuance and each renewal thereof if the bingo game prize does not exceed ten dollars ($10.00) in cash or kind, or both, for each separate game that is held.

(c) The fee for a general license shall be fifty dollars ($50.00) payable at the time of issuance and each renewal thereof if the total value of prizes awarded during the conduct of any bingo game exceeds ten dollars ($10.00) in cash or kind, or both, for each separate game which is held.

General licenses are granted for one year terms; each term is renewable annually. Written application for renewal of a general license shall be made to the Sheriff at least one month prior to the expiration date. A special license is granted only for a one day term for each bingo game, said special license shall not be renewable.

During the term of the permit and license, each nonprofit, charitable organization which has been issued a permit and license shall file a report made under penalty of perjury with the Sheriff containing the following information:

(a) Any changes in or additions to the information required under Section 280-150.

(b) The total amount of money received from the operation of bingo games in previous fiscal year.

(c) The total amount paid out in prizes.

(d) Detailed costs to the organization for the operation of the bingo game.

Each nonprofit, charitable organization which has been issued a general license shall file its report at the end of each fiscal year. Each nonprofit, charitable organization which has been issued a special license shall file its report within 30 days after each authorized bingo game.

Permits and licenses granted under this Ordinance shall not be transferable, either as to the license or location. Any attempt to transfer shall render the permit and license in question invalid.

Any permit and license issued under this Ordinance may be suspended or revoked by the Sheriff or on application of the District Attorney for violation of any of the provisions of this Chapter, or any provisions of this Code or of federal or state law.

The holder of a bingo license shall be given prompt notice on revocation or suspension of said permit and license and shall immediately desist from conducting or operating any bingo game. Said notice shall fix a time and place, not less than five nor more than 30 days after service thereof, at which time the holder of said license may appear before the Sutter County Board of Supervisors and be granted a hearing on the merits of said suspension or revocation. The determination of the Board of Supervisors shall be final. Any organization whose license is revoked after hearing may not again apply for a license to conduct bingo games in the County of Sutter for a period of one year from the date of such revocation; provided, however, if the grounds for revocation are cancellation of the exemption granted under Section 23701(d) of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

It is a misdemeanor under Section 326.5(b) of the Penal Code of the State of California for any person to receive a profit, wage, or salary from any bingo game authorized under this Ordinance, a violation of which is punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the County of Sutter.

The County of Sutter 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 Ordinance.

(Ord. 683, Sec. 1; Apr. 12, 1977)