§ 19.108

The purpose of this Chapter is to establish regulations and processing requirements for bingo games.

The requirements contained in this Chapter shall apply to all bingo games.

A.

Bingo. A game of chance in which prizes are awarded by designated numbers or symbols on a card which conform with numbers or symbols selected at random.

B.

Minors. All persons defined as minors under Civil Code Section 25.1.

C.

Nonprofit Organizations. An organization exempted from bank and corporation tax by Section 23701 of the California Revenue and Taxation Code.

D.

Prizes. Cash, kind, or both for each separate game which is held.

No person other than a nonprofit organization, mobile home park association, or senior citizen organization may conduct bingo games. Such organizations or association shall not conduct bingo games without first having secured a bingo license to conduct such games from the City Council.

19.108.050 - Application and Required Fees

A.

Application Submittal.

1.

Applicants for a bingo license shall file a written, signed and acknowledged application with the City Clerk, showing:

a.

The name and address of the applicant.

b.

The dates, hours and location where the bingo games will be operated.

c.

The name(s) of the person(s) having the management or supervision of said games.

d.

Whether food and beverages will be available.

e.

Such other reasonable information as may be required as to the identity or character of the applicant, manager, or members of an applicant operating said games.

2.

If the applicant is a nonprofit organization, the application shall be accompanied by a copy of the taxexempt status determination issued by the State Franchise Tax Board to the applicant organization showing that the applicant organization is exempt under the provisions of Section 23701 of California Revenue and Taxation Code.

The applicant shall submit with the application a declaration, under penalty of perjury of a duly authorized official or representative of the organization, which states that the applicant organization owns or leases the property on which the bingo games are to be held and that such property is used by such organization for an office or for purposes for which the organization is organized. Said declaration shall also indicate that the proceeds of such games will only be used for charitable purposes, except as provided in Subsection 19.108.080.B of this Chapter.

B.

License Fee. A license fee as specified in the Council adopted fee schedule shall be paid upon filing of each license application for the purpose of defraying the expense incidental to the processing of said application. If a license application is denied, one-half of said license fee shall be refunded to the organization.

A.

Granting of License. After the making and filing of the application, the City Clerk shall refer the application to the Sheriff for investigation. The Sheriff shall make reports of his/her findings, together with a recommendation as to whether or not the applicant shall be granted a license, to the City Clerk within 10 working days after the application was referred to the Sheriff. The license shall be issued for a specified location. The license shall be valid for a period of one year from date of issuance.

B.

Hearing Procedure. An applicant or licensee may, within 10 days after service of a written notice of denial of a license or suspension or revocation of his/her license, file a request for a hearing with the City Council. The request for hearing shall be in writing and signed by or on behalf of the applicant or licensee. It need not be verified or follow any particular form. Failure to file such a request for a hearing shall constitute a waiver of the licensee's right to a hearing.

A.

A bingo game shall be conducted only on property owned or leased by the nonprofit organization or other licensed game organizer, and used by it for an office or for performance of the purposes for which the organization is organized. Use solely for the purposes of conducting bingo games is not an acceptable use. The property owned or leased by the organization need not be used or leased exclusively by such organization.

B.

The bingo game shall be operated and staffed only by members of the licensed organization which organized said game. Such members shall not receive a profit, wage or salary from any bingo game. Only the organization licensed to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. No individual, corporation, partnership or other legal entity

except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game.

C.

Bingo games shall not be held on more than 10 days in each calendar month nor for more than 5 hours in any 24-hour period.

D.

No bingo shall be permitted between the hours of 2:00 a.m. and 6:00 a.m.

E.

Participation Limited to Those Present. 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.

F.

Bingo Game Open to Public. All bingo games shall be open to the public, not just to the members of the licensed organization.

G.

Value of Prizes. The total value of prizes awarded during the conduct of any bingo game shall not exceed $250 in cash or kind, or both, for each separate game which is held.

H.

Minors Prohibited From Participation. No minor shall be allowed to participate in any bingo game pursuant to Section 326.5(e) of the Penal Code.

A.

Licensed Nonprofit Organizations under the California Revenue and Taxation Code Section 23701. All profits derived from a bingo game by organizations exempted from payment of the bank and corporate tax by Section 23701D of the California Revenue and Taxation Code 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.

B.

Other Licensed Organizations. With respect to other licensed organizations authorized to conduct bingo games, 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:

Such proceeds may be used for prizes.

2.

A portion of such proceeds not to exceed 10 percent 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.

C.

Records. Records required by this Section shall be retained for a period of three years. The licensee's books and records shall be available for inspection by the Finance Department upon reasonable notice.

19.108.090 - License Requirements

A.

Display of License. Every licensee shall display the license issued by the City in a conspicuous place on the premises where the bingo games are conducted.

B.

License Not Transferable. Each license issued hereunder shall be issued to a specific nonprofit organization and for a specific location and shall in no event be transferable from one organization or location to another.

A.

A licensee may file an application for renewal of a license pursuant to this Section. A renewal fee shall be required. A renewal application shall be filed at least 30 days prior to expiration of the license period.

B.

In the event a renewal application is filed during the pendency of a proceeding to suspend or revoke the license, such filing shall continue such license in full force and effect until the entry of the final order by the City Council terminating proceedings. Failure of the City Council to revoke, suspend, limit or condition the license shall have the effect of granting said license. The application for renewal shall become a part of the pending proceeding and be subject to all evidence which has been or is thereafter presented. No further notice to the applicant is required and the City Council or hearing officer is authorized to consider and make findings upon such application in accordance with this chapter.

A.

Grounds for Disciplinary Action. It shall be a ground for denial, revocation or other disciplinary action of any applicant, licensee, the agent, employee or any person connected or associated with the applicant or licensee as partner, director, officer, stockholder, general manager or person exercising managerial authority of or on behalf of the licensee if such organization or person has:

Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed with the City; or

2.

Violated any provision of this Chapter or of any statute relating to the permitted activity; or

3.

Been convicted of a felony or any crime involving moral turpitude; or

4.

Committed any unlawful, fault, fraudulent, deceptive or dangerous act while conducting permitted bingo games; or

5.

Violated any rule or regulation adopted by the City relating to the licensed bingo games; or

6.

Conducted the permitted bingo game in a manner contrary to the peace, health, safety and/or general welfare of the public; or

7.

Failed to comply with the Zoning, Building & Safety, and Environmental Health Services regulations of the County of San Bernardino, and applicable local and state fire regulations; or

8.

Signed a fictitious name or provided a fictitious address in connection with applications submitted pursuant to this chapter.

B.

Penalty for Violation. Any person violating any provision of this Chapter shall be guilty of a misdemeanor and subject to a fine of not more than $500 or imprisonment in the County jail for not more than six months, or both such fine and imprisonment; provided, however, pursuant to subsections (b) and (c) of Section 326.5 of the Penal Code, any persons paying or receiving a profit, wage or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution and this Chapter shall be guilty of a misdemeanor and shall be punishable by a fine not to exceed $10,000. In accordance with subsection (d) of Section 326.5 of the Penal Code, the City may bring an action to enjoin a violation of any provision of this Chapter.

C.

Suspension or Revocation of License. The City Council may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any licensee and may temporarily suspend, for a period not exceeding one year, or revoke the permit of any licensee who commits any one or more of the acts or omissions constituting grounds for disciplinary action under this Chapter.

D.

Suspension or Revocation without Hearing. If any applicant, licensee, the agent or employee or any person connected or associated with the applicant or licensee as partner, director, officer, stockholder, general manager, or person who is exercising manager authority on behalf of the licensee is convicted in any court of the violation of any law regulating any activity at the licensee's business premises, the City Council may revoke said license forthwith without any further action thereon other than giving notice of revocation to the licensee.

E.

Pending Revocation or Suspension Proceedings, Effect on Licensee. Pending the final determination of a proceeding for revocation or suspension of a license, a licensee may continue to operate bingo games until the City Council makes such final determination.

Chapter 19.110 - Farmers Market Uses