Chapter 6.36 — BINGO

Section 6.36.010 Intent and purpose. 6.36.020 Definitions. 6.36.030 Bingo permitted. 6.36.040 Permit application. 6.36.050 Content of application. 6.36.060 Consent to investigation. 6.36.070 Reference of application. 6.36.080 Investigation by Chief of Police. 6.36.090 Investigation by the Planning Director. 6.36.100 Investigation by Fire Chief. 6.36.110 Denial of permit. 6.36.120 Appeal. 6.36.130 Issuance of permit. 6.36.140 Posting of permit. 6.36.150 Permit nontransferable. 6.36.160 Conditions of operation.

6.36.170 Operators. 6.36.180 Ownership of equipment. 6.36.190 Financial interest. 6.36.200 Special fund required. 6.36.210 Records. 6.36.220 Quarterly report. 6.36.230 Changes in conditions during permit period. 6.36.240 Restrictions on time for conducting bingo games. 6.36.250 Suspension or revocation. 6.36.260 Renewal.

It is the purpose and intent of this chapter to authorize the playing of the game of chance generally known as “bingo” subject to and pursuant to the restrictions contained in Article IV, § 19c of the Constitution of the State of California and Cal. Penal Code § 326.5. Definitions, conditions and restrictions set forth in this chapter are intended to comply with and implement the Constitutional and Penal Code provisions. To the extent that any provision of this chapter is substantially the same as that contained in Cal. Penal Code § 326.5 and violation thereof be deemed a violation of the Penal Code and punishable thereunder, the provisions of this chapter shall be deemed explanatory only. (1995 Code, § 6.36.010)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BINGO. A game of chance in which prizes are awarded on the basis of designated numbers of symbols on a card which conform to numbers or symbols selected at random. CITY COUNCIL. The City Council of the City of Tulare. FINANCE OFFICER, CHIEF OF POLICE, PLANNING DIRECTOR or FIRE CHIEF. The Finance Officer, Chief of Police, Planning Director or Fire Chief of the City of Tulare or their respective authorized agents. NONPROFIT ORGANIZATION. Any tax-exempt organization or senior citizens organization, as such terms are defined in this section. SENIOR CITIZEN. Any person of age 60 or older or any person age 50 or older who no longer engages in full-time employment. SENIOR CITIZENS ORGANIZATION. Any organization meeting the following criteria: (A) Purpose. The purpose of the organization is to improve the social, recreational, economic, medical and/or housing conditions of senior citizens. (B) Membership. The membership in the organization shall be limited to senior citizens and their spouses. (C) Formal organization. The organization shall have a duly adopted constitution or by-laws stating the purpose of the organization and the qualifications of membership and providing for the election of officers. TAX-EXEMPT ORGANIZATION. Any organization exempted from the payment of bank or corporation taxes by Cal. Revenue and Taxation Code §§ 23701b (fraternal beneficiary societies, orders or organizations) or 23701d (religious, charitable, scientific, literary, educational and humanitarian corporations). (1995 Code, § 6.36.020)

A nonprofit organization having in effect a permit therefor from the Finance Officer pursuant to the provisions of this chapter may conduct a bingo game for charitable purposes subject to all conditions and restrictions contained in Cal. Penal Code § 326.5 and this chapter. (1995 Code, § 6.36.030)

A nonprofit organization may apply to the Finance Officer for a permit to conduct a bingo game. The application shall be upon a form provided therefor by the Finance Officer and shall be accompanied by a fee equal to the actual cost of issuing such permit as may be determined from time to time by the Finance Officer. Notwithstanding the actual cost of issuing the permit, the fee shall not exceed $50, unless a higher maximum fee is authorized by law. If the applicant is a tax-exempt organization, it shall accompany the application with a certificate or letter from the state’s Franchise Tax Board stating that the application is exempt from the payment of the bank or corporation taxes. If the applicant is a senior citizens organization, it shall provide proof to the satisfaction of the Finance Officer that it satisfies the criteria for the “senior citizens organization” as set forth in § 6.36.020. Such proof may include but is not limited to a copy of the organization’s constitution and/or by laws. (1995 Code, § 6.36.040) Editor’s note: For the most recent fee, please see the Rates and Fees Resolution passed by the city and on file in the city offices

(A) The application for a permit for conducting bingo games shall contain the following: (1) The name of the organization proposing to conduct such games together with the names, signatures and addresses of all the officers of the organization; (2) The address of the premises where the bingo games are proposed to be conducted; (3) The names of the owner(s) and, if any, lessee(s) of the premises where the bingo games are proposed to be conducted; (4) The principal purpose for which the premises are used by the organization together with the length of time for which the premises have been so used; (5) The name and address and photograph of the person responsible for the operation of the bingo game and name and address of those persons assisting therein; (6) The day and hours of proposed operation of bingo games; and (7) Such further information as may be required by the Finance Officer. (B) The application shall be signed by a principal officer of the applicant under penalty of perjury. (1995 Code, § 6.36.050)

The filing of an application for a permit shall be deemed a consent by the applicant for the Chief of Police to make an investigation to determine if all the statements on the application are true, to investigate the officers of the applicant and the person who will be responsible for the operation of the bingo games and those persons who will assist therein as to any criminal record which they may have, and to disclose such information to the Finance Officer and, upon appeal, to the City Council. The application shall also be deemed consent for the Fire Chief and the Planning Director to inspect the premises and report thereon. (1995 Code, § 6.36.060)

Immediately upon receipt of a proper application, the Finance Officer shall furnish copies thereof to the Chief of Police, Planning Director and the Fire Chief, each of whom shall make an investigation as specified in this chapter and report back to the Finance Officer within 45 calendar days after the receipt by the Finance Officer of the application with a recommendation thereon. Failure of the Chief of Police, Planning Director or Fire Chief to report back to the Finance Officer within the 45-day period shall be treated by the Finance Officer as a recommendation to issue the permit. (1995 Code, § 6.36.070)

The Chief of Police shall determine if all the statements on the application are true and shall obtain the criminal record, if any, of the principal officers of the organization, each person who will be responsible for the operation of the bingo game and those persons who will assist therein. He or she shall recommend the issuance of the permit, except: (A) In the event that he or she finds any of the statements on the application to be false, he or she may recommend against its issuance; and/or (B) In the event that he or she finds any officer of the organization or any person who will be responsible for the operation

of the bingo game or any person who will assist therein to have been convicted within the last ten years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion or fraud, he or she shall recommend against is issuance. (1995 Code, § 6.36.080)

The Planning Director shall investigate the premises and surroundings for the safety of the structure, adequacy of parking facilities and any other condition which, in the opinion of the Director, might endanger the public health, safety or well-being or constitute a nuisance. Should he or she find that such a potential danger or nuisance exists, the Director may, at his or her discretion, recommend denial of the permit or the attachment thereto of such conditions as will, in his or her opinion, adequately protect the public health, safety and well-being and preclude the existence of a nuisance; otherwise, he or she shall recommend its issuance. (1995 Code, § 6.36.090)

The Fire Chief shall investigate the premises as to the safety of the structure and for fire hazards and shall determine the maximum number of persons who may be present in the premises during the conducting of bingo games. In the event he or she finds any condition to exist which might endanger the public health, safety or well-being from the standpoint of structural safety or fire danger, he or she may recommend against the issuance of the permit or recommend the attachment thereto of such conditions as will, in his or her opinion, adequately safeguard the public health, safety and well-being; otherwise, he or she shall recommend its issuance. (1995 Code, § 6.36.100)

In the event the Chief of Police, Planning Director or Fire Chief recommends against the issuance of the permit, the Finance Officer shall refuse to issue the permit and one-half of the permit fee paid shall be refunded to the organization that filed the application. (1995 Code, § 6.36.110)

Any applicant or permittee may appeal to the City Council from any order or action of the Finance Officer respecting the issuance, denial, modification, suspension or revocation of any permit. (1995 Code, § 6.36.120)

In the event the Finance Officer does not receive a recommendation against the issuance of the permit, he or she shall issue the same for a period of one year, which permit shall contain the following information: (A) The name and nature of the organization to whom the permit is issued; (B) The address where the bingo games are authorized to be conducted; (C) The maximum occupancy of the room in which the bingo games are to be conducted; (D) The date of the commencement of the permit; (E) The date of the expiration of the permit; (F) The days and hours during which bingo may be conducted; and (G) Such conditions as may have been recommended by the Finance Officer, Chief of Police, Planning Director or Fire Chief. (1995 Code, § 6.36.130)

A permittee shall keep the permit posted in a conspicuous place within the room in which bingo is being played during the conduct of any such game. The permittee shall produce and exhibit the same whenever requested to do so by the Finance Officer, Chief of Police, Planning Director or Fire Chief. (1995 Code, § 6.36.140) § 6 36 150 Permit nontransferable

Any permit granted under this chapter shall not be transferable either as to the permittee or the location. Any use of the permit other than by the named permittee or other than at the address where the bingo games are authorized to be conducted shall render the permit invalid. (1995 Code, § 6.36.150)

It is unlawful for any bingo game to be operated in violation of any of the following conditions. (A) No minors shall be allowed to participate in any bingo game. (B) All bingo games shall be open to the public, not just to the members of the nonprofit organization. (C) 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. (D) The total value of prizes awarded during the conduct of any bingo games shall not exceed $250 in cash in kind, or both, for each separate game which is held. (E) Attendance at any bingo game shall be limited to the occupancy capacity of the room as set forth in the permit. (F) No permittee shall issue chips or money to a patron on credit or a loan, including but not limited to IOUs and checks to be held, nor shall patrons be allowed to play on credit. (G) No person who is obviously intoxicated shall be allowed to participate in a bingo game. (H) No permittee shall conduct any bingo game except between the hours of 12:00 noon and 12:00 midnight, nor shall any permittee conduct bingo games for more than 12 hours during any 24-hour period, nor shall any permittee conduct bingo games more than six days in any seven-day period, but in no event more than 13 days in any one quarter. (I) No person shall violate any condition attached to the permit. (J) The permittee shall post and keep posted in a conspicuous place within the room in which bingo is being played the rules and regulations of the game. (K) No person shall conduct any bingo game after the permit therefor has expired or during any period which it is suspended. (L) The permittee 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. Nothing in this division shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. (M) The permittee shall keep a written record of the name, address, phone number and date of birth of each person receiving a prize for three years, which records shall be made available to the Chief of Police upon request. (1995 Code, § 6.36.160)

Any bingo game shall be operated and staffed only by members of the permittee. The members shall not receive a profit, wage or salary from any bingo game. Only the permittee shall operate the game or participate in the promotion, advertising, supervision or other phase of the game, and no wage, salary or other payment may be made on account thereof from funds received from the games. (1995 Code, § 6.36.170)

All equipment used by the permittee in conducting the bingo game shall be owned by the permittee. (1995 Code, § 6.36.180)

No individual, corporation, partnership or other legal entity except the permittee authorized to conduct the bingo game shall have or hold a financial interest in the conduct of the bingo game or the proceeds therefrom. (1995 Code, § 6.36.190)

With respect to organizations exempt from payment of bank or corporation taxes by Cal. Revenue and Taxation Code § 23701d, 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. The 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 kept in a special fund or account and shall not be commingled with any other fund or account. The proceeds shall be used only for charitable purposes, except as follows: (A) The proceeds may be used for prizes; and (B) A portion of the proceeds, not to exceed 10% of the proceeds after the deduction for prizes, or $500 per month, whichever is less, may be used for rental of property, overhead and administrative expenses. (1995 Code, § 6.36.200)

Each permittee conducting a bingo game shall maintain detailed records of all proceeds, profits, expenditures, prizes and other expenses relating to the operation of the bingo game. The records shall be retained for a period of three years and as long thereafter as may be required by any state or federal law. The records, including related bank accounts, shall be open for inspection at any time by the Chief of Police, Finance Officer or any state or federal official in the performance of his or her duties. (1995 Code, § 6.36.210)

Within 15 days after March 31, June 30, September 30 and December 31 during the permit period, the permittee shall file a report under the penalty of perjury with the Finance Officer containing the following information: (A) Any changes in or additions to the information required in the application; (B) The total amount of money received from the operation of bingo games during the previous three-month period; (C) The total amount paid out in prizes; (D) Detailed costs to the permittee of the operation of the bingo games; and (E) All disbursements from the fund. (1995 Code, § 6.36.220)

Any change during the permit period in the organization of the permittee, its principal officers, the staff operating or assisting in the operation of the bingo game, or the condition of the premises shall be immediately reported to the Finance Office who shall refer such changes to the appropriate official who shall make an investigation thereof and, if he or she deems appropriate, recommend the suspension and revocation of the permit or the imposition of additional conditions thereto, which suspension, revocation or additional conditions shall be appealable to the City Council. (1995 Code, § 6.36.230)

Any permit issued under this chapter may be modified to further restrict the time for conducting bingo games as set forth in § 6.36.160(H) by the Finance Officer upon his or her own recommendation or upon the recommendation of the Chief of Police, the Planning Director or the Fire Chief, which recommendation must be based upon good cause. The modified permit shall have the same force and effect as a new permit. The modification shall take effect and shall result in the automatic revocation of the prior permit 15 days after the notice thereof unless the permittee appeals the modification to the City Council. The original permit shall remain in effect pending decision by the City Council. (1995 Code, § 6.36.240)

Any permit issued under this chapter shall be immediately suspended by the Finance Officer upon his or her own recommendation or upon the recommendation of the Chief of Police, the Planning Director or the Fire Chief, based upon either a violation of this chapter by the permittee or its agent or the discovery of some condition which would have been grounds for denial of the permit application. The suspension shall result in the automatic revocation of the permit 15 days after the notice thereof unless the permittee appeals the suspension and revocation to the City Council. The suspension shall remain in effect pending decision by the City Council. (1995 Code, § 6.36.250)

A permittee desiring to continue conducting a bingo game shall at least 45 calendar days before the expiration of the permit make application to the Finance Officer for a renewal. The application for renewal shall be accompanied by the same fee and proofs and shall be processed in all respects as an original application. (1995 Code, § 6.36.260)