Tustin Municipal Code Part 2 Bingo Games

No person shall establish, set up, maintain, conduct, or carry on any bingo game without first having obtained a bingo permit from the Director.

(Ord. No. 1252, Sec. II, 6-3-02)

Only organizations exempted from the payment of California bank and corporation taxes by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 237011 of the Revenue and Taxation Code, mobile home park associations, and senior citizens organizations are eligible to apply for a bingo permit, provided that the receipts of such games, with specified exceptions, are to be used only for charitable purposes ("eligible organizations"). Application for a bingo permit shall not be filed unless the applicant has, for at least twelve (12) months immediately preceding the filing of such application, owned or leased the property within the City of Tustin upon which such games are proposed to be conducted; provided, however, (1) that any organization which has held a valid license or permit for such games for premises within the City for at least one (1) year and relocates to new premises within the City, shall not be disqualified from receiving a permit at its new premises even though it has not occupied the new premises for one (1) year, provided that it is otherwise qualified to receive a permit for such new premises; and (2) further provided that an eligible organization which owns or, leases property on which the organization proposes to conduct such games, and which property has been used by such organization for an office or for the purposes for which the organization is organized shall not be disqualified from receiving a permit for such premises even though the organization has not occupied the premises for one (1) year.

(Ord. No. 1252, Sec. II, 6-3-02)

In addition to the information requested on the City's application form, the application for a permit shall be accompanied by the following:

(1) A statement that the applicant represents an eligible organization under this Part 3 and a Certificate or Determination of Exemption under Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g or 237011, if applicable, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing such exemption. Mobile home park associations or senior citizen organizations shall submit copies of their organizational documents.

(2) The name and signature of at least two (2) officers, including the presiding officer, of a corporation where applicable, and the trustee(s) of any trust.

(3) The particular property, address(es) on which property(ies) the bingo games will be conducted, the occupancy capacity of such place, and a description of parking facilities and spaces available.

(4) Proposed days of week and hours of day for conduct of the games. A statement of whether the application is for a single game or for a series of games, and if for a series, the specific dates or the specific period of recurrence (weekly, monthly) of the games.

(5) A statement that the applicant shall conduct such games in strict accordance with the provisions of Penal Code Section 326.5 and this Part as may be amended from time to time. The permit to conduct such games may be revoked by the Director upon violation of any of such provisions.

(6) A description of any security measures to be provided.

(Ord. No. 1252, Sec. II, 6-3-02)

a Financial Interest

No individual, corporation, partnership, or other entity, except the permittee, shall hold a financial interest in the conduct of bingo games.

b Open to Public

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

c Attendance Limited to Occupancy Capacity

Notwithstanding that such games are open to the public, attendance at any game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Building Division. Licensee shall not reserve seats or space for any person.

d Games Conducted Only on Permitted Property

A permit issued under this Part shall authorize the holder thereof to conduct such games only on property the address of which is stated in the application.

e Exclusive Operation by Permittee

A bingo game shall be operated and staffed only by a member of the permittee organization. Such member shall not receive a profit, wage, or salary from such game. Only the permittee shall operate such game or participate in the promotion, supervision, or any other phase of such game.

f Minors Not to Participate

No person under the age of eighteen (18) years of age shall be allowed to participate in a game.

g Intoxicated Persons Not to Participate

No person who is obviously intoxicated or under the influence of illegal drugs shall be allowed to participate in a game.

h Participants Must be Present

No person shall be allowed to participate in a game unless the person is physically present at the time and place in which the game is being conducted.

i Times of Operation

(1) Any location approved pursuant to a permit granted by the City may be utilized for the conduct of bingo games on only two (2) days during any seven-day period regardless of the number of licensees permitted to conduct games at such location. Once during each calendar year, the Director of Community Development may permit a permittee to conduct games for more than two (2) days during any seven (7) day period, provided that such permission shall be limited to games conducted in conjunction with an established annual event regularly held by the permittee such as an annual festival, bazaar, or similar event.

(2) No bingo game shall be held before 10:30 a.m. nor after 11:30 p.m. of any day and each session of games shall not exceed six (6) hours in duration.

j Maximum Amount of Prizes

The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250.00) in cash or kind for each separate game which is held.

k Accounting and Audit

The permittee shall keep full and accurate books of the income and expenses received and disbursed in connection with bingo games authorized by this Part. The City shall have the right to examine and audit such records between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, and permittee shall fully cooperate with the City's right to examine by making such records available.

l Profits to be Kept in Separate Fund or Account

With respect to organizations exempt from payment of the California 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, all proceeds derived from bingo games 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:

(1) Such proceeds may be used for prizes.

(2) A portion of such proceeds, not to exceed twenty (20) percent of the proceeds before the deduction of floor prizes, or two thousand dollars ($2,000.00) per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

(Ord. No. 1252, Sec. II, 6-3-02)