Tracy Municipal Code Ch. 4.24 Licensing and Regulation of Nonprofit Organizations for the Operation Of…

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Editor's note— Ord. No. 1389, § 1 (Exh. 1), adopted May 19, 2026, repealed the former Chapter 4.24, §§ 4.24.010—4.24.140, and enacted a new Chapter 4.24 as set out herein. The former Chapter 4.24 pertained to similar subject matter and derived from the Prior code §§ 4-6.01—4-6.14; Ord. 1111 § 4 Exh. A (part), adopted 2007; Ord. No. 1159, § 11, adopted June 7, 2011.

Notwithstanding any other provision of this chapter, this chapter is adopted pursuant to Article IV Section 19, of the Constitution of the State of California and California Penal Code Section 326.5 in order to make the game of bingo lawful under the terms and conditions of this chapter. Any bingo game conducted pursuant to this chapter, shall also comply with all applicable provisions of the Tracy Municipal Code, including without limitation, Title 10, Planning and Zoning.

(Ord. No. 1389, § 1 (Exh. 1), 5-19-2026)

(a) For the purposes of this chapter, unless otherwise apparent from the context, certain words used in this chapter are defined as follows:

(1) "Bingo" shall have the same meaning it does in Penal Code Section 326.5(o), as it now exists or may be hereafter amended.

(2) "City" shall mean City of Tracy.

(3) "City Manager" shall mean the City's City Manager or their designee.

(4) "Commission" means the California Gambling Control Commission.

(5) "Consumer price index" means the California Consumer Price Index for all Urban Consumers published by the Department of Industrial Relations.

(6) "Department" means the Department of Justice.

(7) "Nonprofit charitable organization" shall mean an organization exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, and 23701w of the California Revenue and Taxation Code and mobile home park associations, senior citizens' organizations, and organizations affiliated with a school district and if the receipts of those games are used only for charitable purposes. As used herein "applicant" shall have the same definition as nonprofit charitable organization.

(8) "Minor" shall mean any person under the age of eighteen (18) years.

(9) "Person" includes a natural person, corporation, limited liability company, partnership, trust, joint venture, association, or any other business organization.

(Ord. No. 1389, § 1 (Exh. 1), 5-19-2026)

It shall be unlawful for any person to conduct any bingo game in the incorporated area of the City unless such person is a member of a nonprofit charitable organization as set forth in Section 4.24.020 of this chapter and has been issued a license as provided by this chapter.

(Ord. No. 1389, § 1 (Exh. 1), 5-19-2026)

Notwithstanding the provisions of Penal Code Section 326.5 (a), the provisions of Penal Code Section 326.5 are incorporated herein by this reference and apply along with provisions of this chapter to control bingo games authorized by this chapter. In the event of any conflict between the provisions of this chapter and Penal Code Section 326.5, the more restrictive provision shall control.

(Ord. No. 1389, § 1 (Exh. 1), 5-19-2026)

(a) Licenses. Applications for licenses shall be made to the City Manager on forms prescribed by the City and shall be filed not less than thirty (30) days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant the following:

(1) The name of the nonprofit charitable organization and written proof that the applicant is an eligible organization under Section 4.24.040 of this chapter;

(2) A list of the names and residence addresses of members of the nonprofit charitable organization who will, from time to time, operate and staff bingo games;

(3) The particular property within the City, including the street number, owned or leased by the applicant, or donated to the applicant for the applicant's use in the bingo game, and used by such applicant for an office or for the 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;

(4) The proposed days of the week and hours of the day for the conduct of bingo games;

(5) The annual license fee, as set forth in Section 4.24.060 of this chapter shall accompany the application;

(6) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code of the State 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 City Manager upon the violation of any of such provisions; and

(7) Such application shall be signed for the applicant by the presiding officer and one other officer of the applicant under penalty of perjury.

(b) Changes in application materials prior to renewal. An applicant shall immediately report to the City Manager any change in the information provided on an application for a permit under this chapter, if such a change in information occurs prior to the renewal of the bingo license. If a change to the information occurs concurrently with the renewal application, the applicant can submit the new information with the renewal application pursuant to Section 4.24.060(b) of this chapter.

(Ord. No. 1389, § 1 (Exh. 1), 5-19-2026)

(a) Term. The term of a bingo license shall be one year, from the date of issuance or at such earlier time that the applicant no longer meets the requirements of this chapter.

(b) Renewal. A bingo license may be renewed every one year upon receipt of a renewal application by the City Manager. An applicant may automatically renew a permit by submitting the permit fee. If there are any changes to the original permit application, the permittee shall submit a new application.

(c) Fees. Each bingo license and any renewal request related to such license shall be accompanied by a fee of Fifty Dollars and no/100ths ($50.00) or such larger amount as may be established by resolution of the City Council consistent with Penal Code section 326.5 (l)(2) as it now exists or may hereafter be amended. If the applicant for a license is denied or the renewal thereof is denied, one-half of such fee shall be refunded to the applicant.

(Ord. No. 1389, § 1 (Exh. 1), 5-19-2026)

(a) Upon the receipt of an application for a license, the City Manager may send copies of such application to any office or department within the City or the County of San Joaquin which the City Manager deems essential in order to carry out a proper review of the applicant.

(b) The City Manager and every officer and/or department within the City or County of San Joaquin to which an application is referred shall assess the truth of the matters set forth in the application and the character of the applicant and may examine the premises to be used for the bingo game.

(c) Upon the approval of any application for a bingo license, the City Manager shall issue the license.

(d) The City Manager, or their designee, shall use information obtained pursuant to a bingo license application process in accordance with local, state, and federal law.

(Ord. No. 1389, § 1 (Exh. 1), 5-19-2026)

Each license issued pursuant to the provisions of this chapter shall be issued to a specific person on behalf of a specific nonprofit charitable organization to conduct a bingo game at a specific location and shall in no event be transferable from one person to another, nor from one location to another.

(Ord. No. 1389, § 1 (Exh. 1), 5-19-2026)

(a) Prior to July 31st and prior to January 31st of each year, a nonprofit charitable organization shall, at its own expense, submit in a format approved by the City Manager a report of gross revenues, expenses and other information reasonably required by the City Manager to enforce this chapter. An applicant shall annually submit to the City Manager a copy of its federal tax return not later than sixty (60) calendar days after that return is filed with the Internal Revenue Service.

(b) A nonprofit charitable organization shall maintain complete and accurate records of income received from, and prizes and other expenses disbursed in connection with the operation and staffing of bingo games.

(c) The City Manager may at any time demand a complete and detailed accounting of the records required under subsection (b) of this section and any other data or information pertaining to the operation of bingo games maintained by an applicant. The City Manager may subject that accounting and such data and information to, an agreed upon procedures examination, audit, and/or any other accounting review which may extend to, without limitation:

(1) Proceeds from the operation of bingo games;

(2) An accounting of the number of players and number of games played over a designated period;

(3) An inspection of bingo cards, funds, equipment or any other records or documentation in connection with the operation of games over a designated period; or

(4) A documentation of the charitable use of the proceeds of bingo games.

(d) Such detailed accounting or further data or information shall be provided at the expense of the applicant if, in the sole discretion of the City Manager, such detailed accounting or further data or information is necessary for the enforcement of this chapter.

(e) In the event a nonprofit charitable organization fails to render an accounting or provide information pursuant to the provisions of this section within sixty (60) calendar days of the City Manager's request, the City Manager may suspend that organization's license until the requested accounting or information is provided. Nothing herein shall prevent the City Manager from revoking the bingo license of a nonprofit charitable organization as provided in this chapter.

(Ord. No. 1389, § 1 (Exh. 1), 5-19-2026)

(a) A nonprofit charitable organization shall conduct a bingo game only on property owned, leased, or donated for its use by and which property is used by such nonprofit charitable organization for an office or for the performance of the purposes for which the nonprofit charitable organization is established.

(b) No minor 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 the bingo game. Such members shall be approved by the City Manager via the bingo license application and shall not receive a profit, wage, or salary from any bingo game. Only the applicant authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision, or any other phase of such game. This section does not preclude an applicant from employing or contracting another to employ security personnel who are not members of the nonprofit charitable organization. Security personnel shall not operate or staff bingo games.

(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. Those profits shall be used only for charitable purposes, except:

(1) Such proceeds may be used for prizes.

(2) The proceeds may be used to pay license fees.

(3) A portion of such proceeds, not to exceed twenty (20%) percent of the proceeds after the deduction for prizes, or Three Thousand Dollars and no/100ths ($3,000.00) per month, increased annually by the annual average percentage in the consumer price index for the preceding calendar year, whichever is less, may be used for the rental of property, overhead, and administrative expenses.

(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 Five Hundred Dollars and no/100ths ($500.00) 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 8:00 a.m.

(j) In the event the applicant is unable to conduct such bingo games on the proposed days and hours because of circumstances beyond his control, the applicant may apply to the City Manager for a new day of the week and hours of the day without additional charge to the applicant.

(k) Card-minding devices.

(1) Players who are physically present at a bingo game may use hand-held, portable card-minding devices, as described in this subdivision, to assist in monitoring the numbers or symbols announced by a live caller as those numbers or symbols are called in a live game. Card-minding devices may not be used in connection with any game where a bingo card may be sold or distributed after the start of the ball draw for that game. A card-minding device shall do all of the following:

(i) Be capable of storing in the memory of the device bingo faces of tangible cards purchased by a player.

(ii) Provide a means for bingo players to input manually each individual number or symbol announced by a live caller.

(iii) Compare the numbers or symbols entered by the player to the bingo faces previously stored in the memory of the device.

(iv) Identify winning bingo patterns that exist on the stored bingo faces.

(2) A card-minding device shall perform no functions involving the play of the game other than those described in paragraph (1). Card-minding devices shall not do any of the following:

(i) Be capable of accepting or dispensing any coins, currency, or other representative of value or on which value has been encoded.

(ii) Be capable of monitoring any bingo card face other than the faces of the tangible bingo card or cards purchased by the player for that game.

(iii) Display or represent the game result through any means, including, but not limited to, video or mechanical reels or other slot machine or casino game themes, other than highlighting the winning numbers or symbols marked or covered on the tangible bingo cards or giving an audio alert that the player's card has a prize-winning pattern.

(iv) Determine the outcome of any game or be physically or electronically connected to any component that determines the outcome of a game or to any other bingo equipment, including, but not limited to, the ball call station, or to any other card-minding device. No other player-operated or player-activated electronic or electromechanical device or equipment is permitted to be used in connection with a bingo game.

(3) A card-minding device shall be approved in advance by the department as meeting the requirements of this section and any additional requirements stated in regulations adopted by the department. Any proposed material change to the device, including any change to the software used by the device, shall be submitted to the department and approved by the department prior to implementation.

(4) In accordance with Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code, the Commission shall establish reasonable criteria for, and require the licensure of, any person that directly or indirectly manufactures, distributes, supplies, vends, leases, or otherwise provides card-minding devices or other supplies, equipment, or services related to card-minding devices designed for use in the playing of bingo games by any nonprofit charitable organization.

(5) A person or entity that supplies or services any card-minding device shall meet all licensing requirements established by the commission in regulations.

(6) The costs of any testing, certification, license, or determination required by this subdivision shall be borne by the person or entity seeking it.

(7) The department may inspect all card-minding devices at any time without notice, and may immediately prohibit the use of any device that does not comply with the requirements established by the department in regulations. The department may at any time, without notice, impound any device the use of which has been prohibited by the Commission.

(8) The department shall issue regulations to implement the requirements of this subdivision, and the Commission may issue regulations regarding the means by which the operator of a bingo game, as required by applicable law, may offer assistance to a player with disabilities in order to enable that player to participate in a bingo game, provided that the means of providing that assistance shall not be through any electronic, electromechanical, or other device or equipment that accepts the insertion of any coin, currency, token, credit card, or other means of transmitting value, and does not constitute or is not a part of a system that constitutes a video lottery terminal, slot machine, or device prohibited by Chapter 10 (commencing with Section 330).

(Ord. No. 1389, § 1 (Exh. 1), 5-19-2026)

(a) The applicant shall have the bingo license and lists of approved staff available for inspection at all times during the bingo game.

(b) Any Peace Officer of the City shall have free access to any bingo game licensed under this chapter. No person shall interfere with, prevent or refuse to permit a duly authorized representative of the Chief of Police, the South County Fire or any Peace Officer to inspect any place in which bingo games occur.

(c) Failure to allow, or interference with, an inspection constitutes a violation and shall be grounds for revocation of a permit or denial of a bingo application or permit.

(Ord. No. 1389, § 1 (Exh. 1), 5-19-2026)

(a) The City Manager may deny an application for a bingo license and the City Manager may suspend or revoke a license if a finding is shown that the applicant, or any officer, signatory to the bingo application, or staff member listed on the bingo application as conducting the bingo game, 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. If, after review, the City Manager determines that a bingo license should be suspended or revoked or an application for such license denied, they 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 a bingo license suspended or revoked by the City Manager may appeal the decision of the City Manager in the manner provided in this chapter.

(b) Upon receipt of the notice of suspension, the organization or bingo Manager shall cease from conducting any bingo game, and the failure to do so shall constitute a separate and further violation of this chapter.

(Ord. No. 1389, § 1 (Exh. 1), 5-19-2026)

An aggrieved person may appeal the decision of the City Manager pursuant to Section 1.12.010 of the TMC.

(Ord. No. 1389, § 1 (Exh. 1), 5-19-2026)

(a) The City Attorney may bring an action to enjoin a violation of this chapter. Pursuant to Penal Code Section 326.5(b), it is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games, as provided in Penal Code Section 326.5(j) and (k). Pursuant to Penal Code Section 326.5(c), a violation this section shall be punishable by a fine not to exceed Ten Thousand Dollars and no/100ths ($10,000.00), which fine is deposited in the general fund of the City.

(b) Any person in violation of any other provision of this chapter shall be guilty of a misdemeanor.

(Ord. No. 1389, § 1 (Exh. 1), 5-19-2026)