Chapter 6.24 — BINGO GAMES

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.

(Ord. 189 §8, 1976)

Eligible organizations are corporations, community chests or trusts, organized exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or for the prevention of cruelty to children or animals, or those which are exempted from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code and a contribution or gift to which would be exempt under Section 170(c)(2) of the Internal Revenue Code of 1954. Said 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.

(Ord. 189 §1, 1976)

Eligible organizations desiring to obtain a license to conduct bingo games from the city shall meet the following requirements:

A.

License Application. Each eligible organization shall file an application in writing for a license to conduct bingo games in the office of the city clerk on a form provided by the city clerk. The issuing authority shall be the city council. The license shall be issued for a term of one year from the date of issuance, subject to renewal and annual fee.

B.

Applicant Must Be Qualified. No license shall be issued to any organization unless such applicant is an eligible organization under section 6.24.020, and its application conforms to the requirements, terms and conditions of this chapter.

(Ord. 189 §2, 1976)

Said license application shall contain the following:

A.

The name of the applicant organization and a statement that applicant is eligible under section 6.24.020. Such statement shall be accompanied by and submitted with a certificate or determination of exemption under Section 23701(d) of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board of Sacramento, showing exemption under Section 23701(d);

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 address of the specific property within the city, including the street number, which is owned or leased by the applicant and 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 the week and hours of the day for conduct of bingo games;

E.

Statement that 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 said games may be revoked by the city council upon violation of any of such provisions;

F.

Application shall be signed by applicant under penalty of perjury;

G.

The annual license fee, fixed by the city council by resolution, shall accompany the application.

(Ord. 189 §3, 1976)

Upon receipt of the completed application and the fee, the city clerk shall refer the same to interested departments of the city, including, but not limited to, the mayor, city attorney, police department and fire district 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.

(Ord. 189 §4, 1976)

Upon being satisfied that applicant is fully qualified under law to conduct bingo games in the city, the city council shall issue a license to said applicant containing the following:

A.

The name and nature of organization to whom license is issued;

B.

The address where bingo games are to be held;

C.

The occupancy capacity of the room in which bingo games are to be conducted;

D.

The date of expiration of said license;

E.

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

(Ord. 189 §5, 1976)

All bingo games shall be open to the public, not just to members of the licensee organization. Licensee shall not reserve seats or space for any person. Occupancy capacity shall be limited by the determination made by the Sutter Creek Fire District in accordance with applicable laws and regulations.

(Ord. 189 §12, 1976)

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. 189 §14(C), 1976)

A.

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

B.

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

(Ord. 189 §14(A), (B), 1976)

Licensee shall conduct bingo games 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 it is organized. If the described property ceases to be used as an office and as a place for performance of the organization's purposes, the license shall have no further force or effect. A new license may be obtained, upon eligibility and application under this chapter, when such organization again owns or leases property used by it for an office or for performance of the purposes for which it was organized.

(Ord. 189 §13, 1976)

A.

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

B.

A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall receive no profit, wage or salary of any kind. Only licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game.

(Ord. 189 §11, 1976)

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

(Ord. 189 §9, 1976)

All profits derived form a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. 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 its bingo games. 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.

(Ord. 189 §10, 1976)

A.

Whenever it appears to the city clerk 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, the license may be revoked; provided, however, the licensee may appear before the city clerk at the time fixed by the city clerk, 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 have first been given at least five days before the hearing thereof, by depositing in the mail a notice directed to said 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.

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 over-rule the recommendation of the city clerk.

(Ord. 189 §6, 1976)

A.

Any holder of a license whose license is recommended for revocation shall have the right, within ten days after receiving notice in writing of the recommendation, to file a written appeal to the city council setting forth the specific 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 appellant 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 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 for a period of one year from the date of such revocation; provided, however, that if the ground for revocation is cancellation of the exemption granted under Section 23701(d) of the Revenue and Taxation Code, such organization may apply for a license again upon proof of reinstatement of said exemption.

(Ord. 189 §7, 1976)

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.

(Ord. 189 §15(B), 1976)

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.

(Ord. 189 §15(A), 1976)

If any section, subsection or portion of this chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions.

(Ord. 189 §14, 1976)