Truckee Municipal Code Ch. 9.04 Bingo

This Chapter is enacted under Section 19 of the Article IV of the State Constitution and Section 326.5 of the Penal Code, as amended, and allows the game of Bingo to be conducted and played.

(a) BINGO. "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 the numbers or symbols selected at random.

(b) EXEMPT, CHARITABLE ORGANIZATIONS. "Exempt, charitable organizations" means all organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701-1 of the Revenue and Taxation Code and all mobile-home park associations and senior citizens organizations who wish to conduct bingo games to be used only for charitable purposes, or as specified for charitable or purposes specified in Penal Code Section 326.5.

(c) MINOR. A "minor" means one who has not reached the age of legal majority, or 18 years.

(d) LICENSE PERIOD. "License Period" shall be for a period of twelve (12) consecutive months.

All organizations exempt from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701-1 of the Revenue and Taxation Code and all mobile-home park associations and senior citizens organizations who wish to conduct bingo games, the proceeds of such games to be used only for charitable purposes or as specified for charitable or purposes specified in Penal Code Section 326.5 shall procure a license to operate any such bingo game for charity, and it is unlawful for any such organization, mobile-home park association, or senior citizens organization to conduct a bingo game for charitable purposes within the Town without first having procured a license from the Town to do so and without complying with any and all applicable provisions of this Chapter.

The Town hereby imposes a license fee of Twenty-five Dollars ($25.00) for the issuance of a license or the renewal thereof, which fee shall be paid concurrently at the time of the application of the license. The license shall be for a term of twelve (12) consecutive months.

All such licenses shall expire on the termination of the twelfth month and shall be renewed for the ensuing twelve (12) months. If an applicant for a license or renewal thereof is denied, one-half of the license fee shall be refunded to the organization.

Every exempt, charitable organization required to have a license under the provisions of this Chapter shall make application for the same to the Finance Director on a form provided by the Finance Director, and upon payment of the prescribed license fee for the Finance Director shall issue such exempt, charitable organization a license which shall contain:

(a) The name of the exempt, charitable organization to which the license is issued.

(b) The date of issuance.

(c) Such other information as may be necessary for the enforcement of the provisions of this Chapter, including, but not limited to, a written statement sworn to before some officer authorized to administer oaths that such organization is exempt from the payment of bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701-1 of the Revenue and Taxation Code or that such organization is a mobile-home park association or senior citizens organization.

(d) No such statement shall be conclusive upon the Town or any officer thereof as to matters therein set forth, and the same shall not prejudice the rights thereof of the Town to make an independent investigation as to the status of the organization applying for a license.

The following rules and regulations, as set forth in Penal Code Section 326.5 as amended, enacted under the authority of Section 19(c) of Article IV of the Constitution of the State of California, shall be applicable to all licensees under the provisions of this Chapter:

(a) It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by Section 19(c) of Article IV of the State Constitution.

(b) A violation of subsection (a) of this section shall be punishable by a fine not to exceed Ten Thousand Dollars ($10,000), which fine shall be deposited in the general fund of the Town. A violation of any provision of this Chapter other than subsection (a) is a misdemeanor.

(c) No minor shall be allowed to participate in any bingo game.

(d) An organization authorized to conduct bingo games pursuant to this chapter 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 the performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

(e) All bingo games shall be open to the public, not just to members of the authorized organization.

(f) A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such a game, or participate in the promotion, supervision, or any other phase of such game.

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

(h) 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 separate fund or account. Such profit shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a separate fund or account and shall not be co-mingled 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 for prizes, or Five Hundred Dollars ($500) per month, whichever is less, may be used for rental of property, overhead, and administrative expenses.

(i) 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.

(j) The total value of prizes awarded during the conduct of an evening of bingo games shall not exceed Two Hundred Fifty Dollars ($250) in cash or kind or both, for each separate game which is held.

All licenses must be kept and posted in the following manner: The licensee conducting a bingo game for charity in the Town shall keep the license posted in a conspicuous place upon the premises where the bingo game is conducted.

(ORD 93-37 12-16-93)