Tehachapi Municipal Code Ch. 5.16 Bingo Games

The city is authorized, pursuant to Section 19, Article IV of the California Constitution and Section 326.5 of the Penal Code of the state, to provide for, and does hereby provide for bingo games, but only for charitable purposes in accordance with the provisions of this section.

(Ord. 76-06-415 § 1, 1976)

As used in this chapter:

A. "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.

B. "Chief" means the police chief of the city.

C. "City" means the city of Tehachapi.

D. "City clerk" means the clerk of the city.

E. "City council" means the city council of Tehachapi.

(Ord. 76-06-415 § 2, 1976)

No person, firm, corporation, organization or association shall engage in, carry on, maintain or conduct, or cause to be engaged in, carried on, maintained or conducted a bingo game in the city without first having secured a license from the city clerk, in accordance with the requirements of this chapter, nor without complying with the regulations contained herein pertaining to the operation of bingo games.

(Ord. 76-06-415 § 3, 1976)

Organizations 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, provided that the proceeds of such games are used only for charitable purposes, 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 and the provisions of this chapter.

(Ord. 77-09-427 § 1, 1977: Ord. 76-06-415 § 4, 1976)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.16.040, and its application conforms to the requirements, terms and conditions of this chapter.

(Ord. 76-06-415 § 6, 1976)

Applications for a license to conduct bingo games pursuant to this chapter shall be executed under penalty of perjury, and submitted to the city clerk on forms to be obtained from the city clerk upon payment to the city clerk of the license fee prescribed in subsection E of Section 5.16.070. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee.

(Ord. 76-06-415 § 5, 1976)

The application for a license shall contain the following:

A. The name of the applicant organization and a statement that the applicant is an eligible organization under Section 5.16.040;

B. The names and signatures of at least two officers of the applicant organization;

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 place;

D. Proposed days of the week and hours of the day for conduct of bingo games;

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

F. The applicant shall also submit with its application evidence that it is an organization described in Section 5.16.040;

G. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and with 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 upon violation of any such provisions;

H. The application shall be signed by the applicant under penalty of perjury.

(Ord. 77-09-427 § 2, 1977; Ord. 76-06-415 § 7, 1976)

Upon receipt of the completed application, the city clerk shall make an investigation to determine if all of the statements in the application are true, and may refer the application to other interested departments of the city, including but not limited to the planning department, director of building inspection, the city health officer, and the city fire chief, to determine if the appropriate zoning ordinances and regulations, and the provisions of the Uniform Fire Code, have been or will be complied with.

(Ord. 76-06-415 § 8, 1976)

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the city, the city clerk shall issue a license to the 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 the license;

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

(Ord. 76-06-415 § 9, 1976)

An organization licensed pursuant to this chapter shall not conduct or permit to be conducted a bingo game unless the license is posted in a conspicuous place during the conduct of any bingo game. The licensee shall produce and exhibit the same when applying for renewal thereof, and whenever requested to do so by any peace officer authorized to issue, inspect or collect licenses.

(Ord. 76-06-415 § 10, 1976)

A. Whenever it appears to the chief that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the chief shall have the authority to temporarily suspend the conduct of the bingo game until such violations cease, and/or summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.

B. The order issued under subsection A of this section shall also notify the licensee that it shall have thirty days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the city council within the thirty-day period shall result in a revocation of the license.

C. Any organization whose license is suspended 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 chief.

D. Any person who continues to conduct a bingo game after any summary suspension thereof under subsection A of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the city jail for a period not exceeding six months, or by both such fine and imprisonment.

(Ord. 76-06-415 § 11, 1976)

A. Whenever it appears to the city council 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 5.16.110, the license may be revoked.

B. 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 reinstate the license.

(Ord. 76-06-415 § 12, 1976)

A. Any holder of a license whose license is suspended or revoked under this chapter shall have the right, within thirty days after receiving notice in writing of the suspension or revocation, to file a written appeal to the city council. Such appeal shall set forth the specific ground or grounds on which it is based.

B. 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 the 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.

C. 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 organization's tax-exempt status pursuant to the laws of the state, such organization may again apply for a license upon proof of reinstatement of such exemption.

(Ord. 77-09-427 § 3, 1977; Ord. 76-06-415 § 13, 1976)

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 the performance of the purposes for which the license 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.

(Ord. 76-06-415 § 20, 1976)

No licensee shall conduct any bingo game more than six hours out of any twenty-four hour period. No bingo game shall be conducted between the hours of two a.m. and nine a.m. of any day.

(Ord. 76-06-415 § 24, 1976)

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

(Ord. 76-06-415 § 18, 1976)

A bingo game shall be operated and staffed by only 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 game, or participate in the promotion, supervision or any other phase of such game.

(Ord. 76-06-415 § 17, 1976)

A. 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 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. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds derived from 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 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, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

B. The licensee shall keep a 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 bingo games which are authorized by this chapter. The city, by and through its 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. 83-12-494 § 11, 1983; Ord. 77-09-427 § 4, 1977: Ord. 76-06-415 § 15, 1976)

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

(Ord. 76-06-415 § 14, 1976)

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

(Ord. 76-06-415 § 16, 1976)

No licensee shall issue chips or money to a patron on credit or loan (including but not limited to IOUs and checks to be held), or allow any patron to play on credit.

(Ord. 76-06-415 § 22, 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. 76-06-415 § 25, 1976)

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 inspection department of the city, in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any persons.

(Ord. 76-06-415 § 19, 1976)

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

(Ord. 76-06-415 § 21, 1976)

No person who is in a state of intoxication shall be allowed to participate in a bingo game.

(Ord. 76-06-415 § 23, 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. 76-06-415 § 26, 1976)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed five hundred dollars, or be imprisoned in the city jail for a period not exceeding six months, or by both such fine and imprisonment. Every day upon which a violation of this chapter exists or continues shall constitute a separate offense.

(Ord. 76-06-415 § 29, 1976)