Tuolumne County Municipal Code Ch. 5.04 Bingo Games

Sections:

• 5.04.010 Authorization.

• 5.04.020 Definitions.

• 5.04.030 License-Required.

• 5.04.040 License-Application.

• 5.04.050 License-Term.

• 5.04.060 License-Fee.

• 5.04.070 License-Investigation of application.

• 5.04.080 License-Nontransferable.

• 5.04.090 Limitation of operation.

• 5.04.100 Minors prohibited from participating.

• 5.04.110 Open to public.

• 5.04.120 Operation and staffing-Approval.

• 5.04.130 Limitation of financial interest.

• 5.04.140 Special fund for proceeds required.

• 5.04.150 Physical presence at game required.

• 5.04.160 Total value of prizes.

• 5.04.170 Hours of operation.

• 5.04.175 Pull tab regulations.

• 5.04.180 License number required on advertisements.

• 5.04.190 Inspection of games.

• 5.04.200 Denial, suspension or revocation of license.

• 5.04.210 Notice of denial, suspension or revocation.

• 5.04.220 Appeal-Procedure.

• 5.04.230 Appeal-Filing with clerk of board.

• 5.04.240 Appeal-Date for hearing.

• 5.04.250 Appeal-Decision of board final.

• 5.04.260 Receipt of profit or salary unlawful.

• 5.04.270 Misdemeanor.

to Section 19 of Article IV of the California Constitution and Section 326.5 of the Penal Code, does hereby authorize and provide for bingo games in the unincorporated area of the county, but only for charitable purposes in accordance with the provisions of the Constitution, the Penal Code and this chapter. (Ord. 911 § 1 (part), 1977; prior code § 7-16.0).

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

A. "Authorized organization" is an organization exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 12701f, 237O1g and 12701 (1) of Revenue and Taxation Code and by mobilehome park associations and senior citizens organizations.

B. "Bingo" is 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. Bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes; the winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game; all such preprinted cards shall bear the legend: "For sale or use only in a bingo game authorized under California law and pursuant to local ordinance."

C. "Minor" is any person under the age of eighteen years. (Ord. 1350 § 1, 1984; Ord. 1273 § 1, 1983; Ord. 1069 § 3, 1980; Ord. 911 § I (part), 1977; prior code § 7-16.1).

any person to conduct any bingo game in the unincorporated area of the county unless such person is a member of an authorized organization acting on behalf of such authorized organization and has been issued a license as provided by this chapter. (Ord. 911 § 1 (part), 1977; prior code § 7-16.2).

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. The application shall be signed under penalty of perjury. 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 of 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 an authorized organization as defined by subsection A of Section 5.04.020. (Ord. 911 § 1 (part), 1977; prior code § 7-16.3).

license shall be one calendar year from the date of issuance and may be renewed annually upon application therefor. (Ord. 911 § 1 (part), 1977; prior code § 7-16.4 (part)).

license shall be fifty dollars. The fee for renewal shall be ten dollars. The appropriate fee shall accompany the submission of each application.
If an application for a license is denied, one-half of any license fee paid shall be refunded to the applicant. (Ord. 911 § 1 (part), 1977; prior code § 7-16.4 (part)).

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 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. 911 § 1 (part), 1977; prior code § 7-16.5).

license issued under this chapter shall be issued to a specific person on behalf of a specific authorized 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. 911 § 1 (part), 1977; prior code § 7-16.6).

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. Nothing in this chapter shall be construed to require that the property owned or leased by the authorized organization be used or leased exclusively by such organization. (Ord. 911 § 1 (part), 1977; prior code § 7-16.7 (part)).

No minors shall be allowed to participate in any bingo game. (Ord. 911 § 1 (part), 1977; prior code § 7-1 6.7(a)).

be open to the public, not just to members of the organization. (Ord. 911 1 (part), 1977; prior code § 7-16.7(b)).

bingo game shall be operated and staffed only by members of the 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. (Ord. 911 § 1 (part), 1977; prior code §7- 16.7(c)).

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. (Ord. 911 § 1 (part), 1977; prior code § 7-16.7(d)).

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.
Such proceeds shall be used only for charitable purposes, except as follows:

A. Such proceeds may be used for prizes;

B. A portion of such proceeds, not to exceed ten percent of the proceeds after deduction for prizes, or five hundred dollars per month, whichever is less, may be for rental of property, overhead and administrative expenses. (Ord. 911 § 1 (part), 1977; prior code § 7- 16.7(e)).

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. (Ord. 911 § 1 (part), 1977; prior code § 7-16.7(f)).

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. 911 § 1 (part), 1977; prior code § 7-16.7(g)).

shall be conducted between the hours of midnight and eight a.m. on any one day. (Ord. 911 § 1 (part), 1977; prior code § 7-16.7(h)).

preprinted cards shall be limited to one hour before through one-half hour after nonpreprinted card bingo games. Accurate records shall be kept of all proceeds from the preprint cards including the amount collected by the sale of such cards and the amount paid out to winners, including the names of all winners of amounts over fifty cents. The records shall be kept for a one-year period following the sale of such cards and shall be open to inspection at the request of any official from the county. (Ord. 1350 § 2, 1984; Ord. 1273 § 2, 1983).

advertisements. The number of the license issued shall appear on all advertisements for bingo games authorized by this chapter. (Ord. 911 § 1 (part), 1977; prior code § 7-16.7(i)).

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. 911 § 1 (part), 1977; prior code § 7-16.8).

license. The sheriff may deny an application for bingo license, or suspended or revoke a license if he/she finds the applicant or licensee or any agent or representative thereof has;

A. 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

B. Violated any of the provisions of this chapter. (Ord. 911, § 1 (part), 1977; prior code § 7-16.9 (part)).

revocation. If after investigation the sheriff determines that a bingo license should be suspended or revoked or an application for such license denied, he/she 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. 911 § 1 (part), 1977; prior code § 7-16.9 (part)).

appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in Sections 5.04.230 through 5.04.250. (Ord. 911 § 1 (part), 1977; prior code § 7-16.10 (part)).

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, (Ord. 911 § 1 (part), 1977; prior code § 7-16.10 (a)).

receipt of such written appeal the clerk of the board of supervisors shall assign a date for a hearing 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 of supervisors 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. (Ord. 911 § 1 (part), 1977; prior code § 7- 16.10(b)).

the conclusion of the hearing, the board of supervisors may uphold the denial, suspension, revocation or other decision of the sheriff, or the board of supervisors 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 of supervisors shall be final. (Ord. 911 § 1 (part), 1977; prior code § 7-16.10(c)).

is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter. (Ord. 911 § 1 (part), 1977; prior code § 7-16.11(a)).

any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor. (Ord. 911 § 1 (part), 1977; prior code § 7-16.11(b)).