Tehama Municipal Code Ch. 6.08 Bingo

Notwithstanding any other provisions of this chapter, the ordinance codified in this chapter is adopted pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions in the following sections of this chapter.

(Ord. 757 §1(part), 1976)

Whenever in this chapter the following terms are used they shall have the meanings respectively ascribed to them in this section:

A. "Bingo" shall be 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. "Minor" shall be any person under the age of eighteen years.

C. "Nonprofit, charitable organization" shall be an organization 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 a charitable contribution under section 170(c)(2) of the Internal Revenue Code of 1954.

(Ord. 757 §1(part), 1976)

It shall be unlawful for any person to conduct any bingo games in the unincorporated area of the county unless such person is a member of a nonprofit, charitable organization acting on behalf of such nonprofit, charitable organization and has been issued a license as provided by this chapter.

(Ord. 757 §1(part), 1976)

An application for a license shall be made to the sheriff on forms prescribed by the sheriff, and shall be filed not less than ten days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at least the following:

A. A list of all members who will operate the bingo game, including full names or each member, date of birth, place of birth, physical description and driver's license number;

B. The date(s) and place(s) of the proposed bingo game or games;

C. Proof that the organization is a nonprofit charitable organization as defined by this chapter;

D. Proof that the organization owns or leases the premises on which it proposes to hold bingo games for use as an office or for the general purposes of organization.

(Ord. 757 §1(part), 1976)

The term of a bingo license is one year. The initial fee for a bingo license is fifty dollars. The fee for the renewal of an existing license is twenty dollars. The appropriate fee shall accompany the submission of each application, is non-refundable and shall be used to defray the cost of issuance of said license.

(Ord. 1794 §2, 2003: Ord. 757 §1(part), 1976)

A. Upon receipt of an application for a license, the sheriff may send copies of such application to any office or department which the sheriff deems essential in order to carry out a proper investigation of the applicant.

B. The sheriff and every officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant, and may examine the premises to be used for the bingo game.

C. Upon approval of any application for a bingo license, the sheriff shall issue the license.

(Ord. 757 §1(part), 1976)

Each license issued hereunder shall be issued to specific persons on behalf of a specific nonprofit, charitable organization to conduct bingo games at a specific location and shall in no event be transferable from one person to another nor from one location to another.

(Ord. 757 §1(part), 1976)

A. The sheriff may deny an application for a bingo license, or suspend or revoke a license if he finds the applicant or licensee or any agent or representative thereof has:

1. Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this chapter; or

2. Violated any of the provisions of this chapter.

B. If after investigation the sheriff determines that a bingo license should be suspended or revoked or an application for such license denied, he shall prepare a notice of suspension, revocation or denial of application setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant's last address provided in the application or be personally delivered. Any person who has had an application for a bingo license denied by the sheriff, or who has had a bingo license suspended or revoked by the sheriff may appeal the sheriff's decision in the manner provided in this chapter.

(Ord. 757 §1(part), 1976)

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

B. No minors shall be allowed to participate in any bingo game.

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

D. A bingo game shall be operated and staffed only by members of the nonprofit, charitable organization which organized it. Such members shall be approved by the sheriff and 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 or any other phase of such game.

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

F. 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. Within thirty days after the bingo game is held, the applicant will file with the sheriff a full and complete financial statement of all moneys collected disbursed and the amount remaining for charitable purposes.

G. 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.

H. 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.

I. No bingo game shall be conducted between the hours of midnight and eight a.m.

J. A license may not authorize more than one bingo game per week under such license.

K. No alcoholic beverages shall be consumed or sold in the area of the bingo game.

L. Each license shall terminate upon the repeal of the ordinance codified in this chapter and shall be immediately subject to any amendments to the ordinance codified in this chapter.

M. As used herein, "bingo game" shall mean one continuous session or period of time during which bingo is played, except that in subsection H of this section, "separate game" shall mean each drawing in which a winner is selected.

(Ord. 757 §1(part), 1976)

Any peace officer of the county shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game.

(Ord. 757 §1(part), 1976)

Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section:

A. Within fifteen calendar days after the date of any denial, suspension, revocation or other decision of the sheriff, an aggrieved party may appeal such action by filing with the clerk of the board of supervisors a written appeal briefly setting forth the reasons why such denial, suspension, revocation or other decision is not proper.

B. Upon receipt of such written appeal, the clerk of the board of supervisors shall set a hearing date before the board of supervisors. At least one week prior to the date of the hearing on the appeal, the clerk shall notify the appellant and sheriff of the date and place of the hearing. The board of supervisors is authorized to issue subpoenas, to administer oaths and to conduct the hearing on the appeal. At such hearing, the sheriff and the appellant may present evidence relevant to the denial, suspension, revocation or other decision of the sheriff. The board shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to such hearing.

C. At the conclusion of the hearing, the board may uphold the denial, suspension, revocation or other decision of the sheriff, or may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other sheriff's decision which is the subject of the appeal. The decision of the board is final.

(Ord. 757 §1(part), 1976)

A. It shall be unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter.

B. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor. All sanctions provided herein shall be cumulative and not exclusive.

(Ord. 757 §1(part), 1976)