Taft Municipal Code Ch. 14 Conduct of Bingo

The following 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 of the State and the provisions of this Chapter.

(A) Organizations exempted from the payment of the bank and corporation tax by sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), and 23701(i) of the Revenue and Taxation Code of the State.

(B) Mobile home park associations; and

(C) Senior citizens organizations with a membership requiring that the member, or the member's spouse, be fifty (50) years of age or older. (Ord. 398, 10-3-1977)

Eligible organizations desiring to obtain such license to conduct bingo games in the City shall file an application in writing therefor in the City Hall on a form to be provided by the City. The issuing authority shall be the City Manager. The license shall be for a term of one year from the date of issuance, subject to renewal and annual fee. (Ord. 398, 10-3-1977)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 4-14-1 and its application conforms to the requirements, terms and conditions of this Chapter. (Ord. 398, 10-3-1977)

Said application for a license shall contain the following:

(A) The name of the applicant organization or association and a statement that applicant is an eligible organization or association under Section 4-14-1 of this Chapter.

(B) The name and signature of at least two (2) officers, including the presiding officer, of the applicant organization or association.

(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 a 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 of 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 such provisions.

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

(G) The annual license fee, not to exceed fifty dollars ($50.00) fixed by the City Council shall accompany the application.

(H) The applicant shall also submit, with its application, a certificate or determination of exemption under one of the Revenue and Taxation Code sections listed in subsection (A) of Section 4-14-1 of this Chapter or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, showing the required exemptor status; in the case of an applicant Mobile Home Park Association, the applicant shall submit a statement that the members thereof are residents of a duly permitted mobile home park located within the City; in the case of an applicant Senior Citizens organization, the applicant shall submit a statement specifying the qualifications for membership in such organization. Mobile Home Park Associations and Senior Citizens organizations are not required to be exempted from the bank and corporation tax. (Ord. 398, 10-3-1977)

Upon receipt of the completed application and the fee, the City Manager shall refer the same to interested departments in 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 at 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. 398, 10-3-1977)

Upon being satisfied that the applicant is fully qualified, under the 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. (Ord. 398, 10-3-1977)

(A) Whenever it appears to the Chief of Police that the licensee is conducting a bingo game in violation of any of the provisions of this Chapter, the Chief of Police 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) shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the County jail for a period not exceeding six (6) months, or both such fine and imprisonment.

(C) The order issued under subsection (A) shall also notify the licensee that it shall have five (5) days from the date of such order to request a hearing before the City Manager to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the City Manager within the five (5) day period, shall result in revocation of the license.

(D) Upon such request by the licensee, whose license has been suspended under subsection (A), for a hearing to determine whether such license shall be revoked, the City Manager shall provide such hearing within ten (10) 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 shall have first been given at least five (5) days before the hearing hereof 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 as the basis of the suspended and revocation.

(E) Any organization whose license is revoked under this Section shall not conduct any bingo games in the City until such time as the City Council, on appeal, determines to overrule the decision of the City Manager. (Ord. 398, 10-3-1977)

(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 4-14-7, 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 shall have first been given at least five (5) 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 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. (Ord. 398, 10-3-1977)

(A) Any holder of a license whose license is revoked under this Chapter shall have the right, within ten (10) days after receiving notice in writing of the revocation, to file a written appeal to the City Council. Such appeal shall set forth specific ground or grounds on which it is based. The City Council shall hold a hearing on the appeal within thirty (30) 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 (10) 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 statement, 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 one of the Revenue and Taxation Code sections listed in subsection (A) of Section 4-14-1 of this Chapter, such organization may again apply for a license upon proof of reinstatement of said exemption. (Ord. 398, 10-3-1977)

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. 398, 10-3-1977)

The total value of prizes awarded during the conduct of any bingo games shall not in any event exceed two hundred fifty dollars ($250.00) in cash or kind, or both for each separate game which is held; if such prize for any separate game or drawing is less than said maximum amount, the amount of any subsequent prize may not include accumulation of any difference between the prize given and the maximum of two hundred fifty dollars ($250.00). (Ord. 398, 10-3-1977)

(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 profits shall be used only for charitable purposes.

(B) With respect to any organization authorized to conduct bingo games pursuant to this Chapter, 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. 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 ten percent (10%) of the proceeds after the deduction of prizes, or five hundred dollars ($500.00) per month, whichever is less, may be used for rental of property, overhead, and administrative expenses. (Ord. 398, 10-3-1977)

No individual, corporation, partnership or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. (Ord. 398, 10-3-1977)

A bingo game shall be operated and staffed only by members of the licensee organization. Such 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 phases of such game. (Ord. 398, 10-3-1977)

All bingo games shall be open to the public, not just to the members of the licensee organization. (Ord. 398, 10-3-1977)

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 one person. (Ord. 398, 10-3-1977)

A Licensee 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. 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 and 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. Nothing in this Section shall be construed to require that the property owned or leased by the licensee be used or leased exclusively by such organization. (Ord. 398, 10-3-1977)

No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo game. (Ord. 398, 10-3-1977)

No person who is obviously intoxicated shall be allowed to participate in a bingo game. (Ord. 398, 10-3-1977)

No licensee shall conduct any bingo game more than six (6) hours out of any twenty four (24) hour period. No bingo game shall be conducted before ten o'clock (10:00) A.M. nor after two o'clock (2:00) A.M. of any day. (Ord. 398, 10-3-1977)

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. 398, 10-3-1977)

(A) Each licensee shall keep a complete and accurate written record in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this Chapter. Such record shall account for all money so received and disbursed and shall include the following: with respect to organizations exempt from payment of the bank and corporation tax by section 23701(d) of the Revenue and Taxation Code:

1. The value in cash and/or kind, of the prize awarded in each separate bingo game played and the date thereof.

2. Total amount of expenses paid for operation, conduct, promotion and supervision of bingo games, including the total amount paid out for prizes, during every six (6) month period.

3. Total amount of profits derived from bingo games during the six (6) month period, which are disbursed from the special fund or account for charitable purposes, including the amount disbursed to the licensee organization.

With respect to other licenses:

(a) The value in cash and/or kind, the prize awarded in each separate bingo game played and the date thereof.

(b) Total proceeds derived from bingo games for each monthly period.

(c) Total disbursements from the special fund or account for prizes for each monthly period.

(d) Total disbursements of proceeds, from the special fund or account, for rental of property, overhead and administrative expenses for each such monthly period.

(e) Total disbursements of proceeds, from the special fund or account, used for charitable purposes for each such monthly period.

(f) Designation of the charitable purpose or purposes for which any proceeds are used, and the amount thereof, for each such monthly period.

(g) Amount remaining in the special fund or account at the end of each such monthly period.

(B) Each licensee licensed after the effective date of this Chapter shall transmit a copy of the record required by this Section to the City Manager of the City twelve (12) months from the date of license granted hereunder and every twelve (12) months thereafter. A ten (10) day grace period following such twelve (12) month period shall be given for the filing of such report.

(C) The City by and through its authorized officers or employees, or agents, shall have the right to examine and audit original records of the licensee pertaining to bingo at any reasonable time and licensee shall fully cooperate with City by making such records available. (Ord. 398, 10-3-1977)

It is a misdemeanor under section 326.5(b) of the Penal Code of the State for any person to receive or pay any profit, wage, or salary from any bingo game authorized under this Chapter, a violation 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 City. A violation of any provisions of section 326.5 of the Penal Code, other than subdivision (b) is a misdemeanor punishable by imprisonment in the County jail not exceeding six (6) months or by a fine not exceeding five hundred dollars ($500.00), or both. (Ord. 398, 10-3-1977)

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. 398, 10-3-1977)

If any section, subsection or portion of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The City Council hereby declares that it would have adopted this Chapter and each section, subsection, and portion thereof, irrespective of the fact that any one or more sections, subsections or portions be declared invalid or unconstitutional. (Ord. 398, 10-3-1977)