Tiburon Municipal Code Ch. 9A 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 conforms to numbers or symbols selected at random.

(Ord. No. 332 N.S., § 1)

No individual, corporation, partnership or other legal entity shall be permitted to conduct a bingo game in the Town of Tiburon except organizations exempted from the payment of the Bank and Corporation Tax by sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 237011 of the Revenue and Taxation Code.

(Ord. No. 332 N.S., § 2)

No individual, corporation, partnership or other legal entity shall conduct a bingo game without first obtaining a license from the town manager or his designees.

(Ord. No. 332 N.S., § 3)

Eligible organizations desiring to obtain such license to conduct bingo games in the town shall file an application in writing therefor in the office of the town manager on a form to be provided by the town manager. The issuing authority shall be the town manager and/or his designee. The licenseissued shall be either for a period of three days or less, or for a calendar year, that is a period of twelve consecutive calendar months beginning on the first day of January and ending on the thirty-first day of December. The license shall be effective on the same date of issuance subject to renewal and an annual fee.

(Ord. No. 332 N.S., § 4)

No license shall be issued to any organization unless such applicant is an eligible organization under section 9A-2, and its application conforms to the requirement, terms and conditions of this chapter.

(Ord. No. 332 N.S., § 5)

The application for a license shall contain the following:

(1) The name of the applicant organization and a statement that applicant is an eligible organization under section 9A-2 of this section;

(2) The business address of the applicant organization;

(3) The name and signature of at least two officers, including the presiding officer of the corporation or organization;

(4) The address of the property within the town owned or leased by the applicant, or donated for the use of the organization, 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;

(5) Proposed days of week and hours of day for conduct of bingo games;

(6) That the 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 bingo games may be revoked by the town manager and/or his designee upon violation of any of such provisions;

(7) Express purposes for which such premises are used by the organization;

(8) Statement of consent for town manager or his designee to inspect any bank accounts containing profits derived from bingo games;

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

(10) Name of the person responsible for the operation of the bingo games;

(11) Statement whether the total value of prizes awarded for any separate game will on any occasion exceed five dollars in cash or kind, or both;

(12) The application shall be signed by the applicant under penalty of perjury;

(13) Copy of certificate or letter from the Franchise Tax Board evidencing exempt status under sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g or 23701l of the Revenue and Taxation Code, if so exempt.

(Ord. No. 332 N.S., §6)

Fees for licenses issued pursuant to this chapter shall be established by resolution of the town council.

If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization.

(Ord. No. 332 N.S., § 7)

General bingo 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 town manager at least one month prior to its expiration date. A special license is granted only for a term not to exceed three days; said special license shall not be renewable.

(Ord. No. 332 N.S., § 8)

Upon receipt of the completed application and the fee, the town manager shall refer the same to interested departments of the town, the town manager, town attorney, police department, building 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 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. No. 332 N.S., § 9)

The chief of police 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 determining those who have been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude, and to present such information at any bingo permit hearing.

(Ord. No. 332 N.S., § 10)

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the town, the town manager and/or his designee shall issue a license to said applicant, which shall contain the following information:

(1) The name and nature of the organization to whom the license is issued;

(2) The address where bingo games are authorized to be conducted;

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

(4) The date of the expiration of such license;

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

(Ord. No. 332 N.S, § 11)

(1) The town manager, or his designee, may refuse to issue a license if it is determined that the operation of a bingo game would be injurious to the health, safety and morals of the people of the town; that the apparent mode of operation of the bingo game would not be in compliance with state or federal law, or with this code; that the apparent mode of operation of the bingo game would constitute fire, safety, health or sanitary hazard, or would not be in compliance with building or zoning regulations, requirements and ordinances; that any person operating or assisting in the operation of a bingo game has been convicted within the past five years of a crime involving, but not limited to, lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude; that there has been a willful misstatement of fact in an application or report filed hereunder, or a negligent failure to file any report required hereunder; or that there has been any other violation of any provision of this chapter.

(2) If the license is approved, the town manager, or his designee, may include restrictions and conditions in the license deemed reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter.

(Ord. No. 332 N.S., § 12)

(1) Whenever the town manager and/or his designee determines that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the town manager and/or his designee 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.

(2) Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (1) 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 county jail for a period not exceeding six months, or by both such fine and imprisonment.

(3) The order issued under subsection (1) of this section shall also notify the licensee that it shall have five 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 town manager and/or his designee within said five-day period, shall result in a revocation of the license.

(4) Upon such request by the licensee, whose license has been suspended under subsection (1) of this section, for a hearing to determine whether such license shall be revoked, the town manager and/or his designee shall provide a hearing within ten days after receipt of the request, at which hearing the suspended licensee may appear before the town manager and/or his designee 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 days before the hearing thereof 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 the specific facts advanced as the basis of the suspension and proposed revocation.

(5) Any organization whose license is revoked under this section shall not conduct any bingo game in the town until such time as the town council, on appeal, determines to overrule the decision of the town manager.

(Ord. No. 332 N.S., § 13)

Whenever it appears to the town manager and/or his designee 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 9A- 13 of this chapter, the license may be revoked; provided, however, the licensee may appear before the town manager and/or his designee at the time fixed by the town manager and/or his designee, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section 9A-14 unless written notice shall have first been given at least five 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 grounds advanced as the basis of the revocation.

(Ord. No. 332 N.S., § 14)

(1) Any holder of a license whose license is revoked under this chapter shall have the right, within ten days after receiving notice in writing of the revocation, to file a written appeal to the town council. Such appeal shall set forth the specific ground or grounds on which it is based. The town council shall hold a hearing on the appeal within thirty days after its receipt by the town, or at a time thereafter agreed upon, and shall cause the appellant to be given at least ten days' 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 town council on the appeal shall be final.

(2) Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the town 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 section 23701 of the Revenue and Taxation Code, such organization may again apply for a License upon proof of reinstatement of said exemption.

(Ord. No. 332 N.S., § 15)

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

(Ord. No. 332 N.S., § 16)

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 a bingo game shall be 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 of proceeds after the deduction for prizes, or five hundred dollars per month, whichever is less, may be used for rental of property, overhead, and administrative expenses.

(Ord. No. 332 N.S., § 17)

Each organization conducting a bingo game shall maintain detailed records of all profits, expenditures, prizes and other expenses associated with the operation of bingo games. Said records shall be retained for such period of time as required by state and federal law and for a period of three years for purposes of this chapter.

(Ord. No. 332 N.S., § 18)

Within thirty days following expiration of the period of the license, each licensee shall file a report made under penalty of perjury with the town manager containing the following information:

(1) Any changes in or additions to the information required in the application;

(2) The total amount of money received from the operation of the bingo games in the previously licensed period;

(3) The total amount paid out in prizes during the previously licensed period;

(4) Detailed costs to the organization for the operation of the bingo games during the previously licensed period;

(5) Disposition of profits during the previously licensed period.

(Ord. No. 332 N.S., § 19)

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

(Ord. No. 332 N.S., § 20)

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

(Ord. No. 332 N.S., § 21)

No license issued pursuant to this chapter is transferable; provided, that where a license is issued authorizing a bingo game at a particular place, such licensee may, upon application therefor and paying a fee of five dollars, have the license amended to authorize the playing of bingo at some other location within the town to which the licensee organization has moved.

(Ord. No. 332 N.S., § 22)

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

(Ord. No. 332 N.S., § 23)

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 town in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.

(Ord. No. 332 N.S., § 24)

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

(Ord. No. 332 N.S, § 25)

Bingo games shall be conducted only in the town's downtown commercial area, currently zoned PD.

(Ord. No. 332 N.S., § 26)

Bingo games may be conducted between the hours of ten a.m. and midnight of each day; provided, that no licensee shall conduct bingo games in excess of six hours out of any twenty-four-hour period.

(Ord. No. 332 N.S., § 27)

No licensee shall conduct any bingo game more than three times per calendar week, and no more than three consecutive days in any two-week period. (Ord No. 332 N.S., § 28)

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 conducted.

(Ord. No. 332 N.S., § 29)

No person shall receive or pay a profit, wage, or salary from any bingo game authorized herein.

(Ord. No. 332 N.S., § 30)

(1) A violation of section 9A-30 shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the town.

(2) Any person who violates any other section of this chapter shall be guilty of a misdemeanor.

(Ord. No. 332 N.S., § 31)

The town 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. No. 332 N.S., § 32)