Union City Municipal Code Ch. 5.32 Bingo Games for Charity

The regulations following, relating to bingo games for charity, are enacted under Section 19 of Article IV of the California State Constitution and the implementing provisions of Section 326.5 of the California State Penal Code. Chapter 5.32 incorporates, by reference, any and all amendments enacted to Penal Code Section 326.5 as though fully set forth herein.

(Ord. 153-76 § 1, 1976; Ord. 758-11 § 1, 2011)

Whenever in the regulations of this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section:

"Bingo"

is a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random.

"Nonprofit, charitable organization"

is an organization exempted from the payment of the bank and corporation tax by Sections 23701-a, 23701-b, 23701-d, 23701-e, 23701-f, 23701-g, or 23701-1 of the California Revenue and Taxation Code; or a mobile home park association; or a senior citizens organization.

(Ord. 153-76 § 1, 1976; Ord. 159-77 § 1, 1977)

City based, nonprofit, charitable organizations are eligible to apply to the City for a permit to conduct bingo games in the City, in a manner permitted by the provisions of Section 326.5 of the State Penal Code, and by the following regulations.

(Ord. 153-76 § 1, 1976)

Eligible organizations desiring to obtain a permit to conduct bingo games in the City shall file an application in writing therefor with the license authority upon forms to be provided by the license authority. Applicants shall also file with the license authority a certificate from the Franchise Tax Board that will show that the organization is currently exempted from payment of the bank and corporation tax by Sections 23701-a, 23701-b, 23701-d, 23701-e, 23701-f, 23701-g, or 23701-l of the California Revenue and Taxation Code, or proof that the organization is mobile home park association or senior citizens organization.

(Ord. 153-76 § 1, 1976; Ord. 159-77 § 2, 1977)

The annual permit fee to conduct bingo for charity shall be established by resolution of the Council.

(Ord. 153-76 § 1, 1976)

No permit shall be issued to any organization unless such applicant is a City-based, nonprofit, charitable organization, as defined by subsection B of Section 5.32.020, and its application conforms to the requirements, terms and conditions of the regulations of this chapter.

(Ord. 153-76 § 1, 1976)

An application for a permit to conduct bingo for charity shall contain the following:

A. The name of the applicant organization and a statement that the applicant is a City-based, nonprofit, charitable organization as defined by subsection B of Section 5.32.020;

B. The name and signature of at least two officers, including the presiding officer of the organization;

C. The particular property within the City, including street number, owned or leased by the applicant or donated for the applicant's use, used by such applicant for the performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place;

D. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the State Penal Code and the regulations of this chapter, as they may be amended from time to time, and agrees that the permit to conduct bingo games for charity may be summarily suspended by the Police Chief upon violation of any such provisions;

E. Said application shall be signed by the applicant under penalty of perjury;

F. The permit fee, as fixed by the Council by resolution, shall accompany the application;

G. The permit issued shall be for a term of one year from the date of issuance, subject to renewal and the payment of the annual fee.

(Ord. 153-76 § 1, 1976; amended during 1990 republication)

Upon receipt of the completed application and the fee, the City Clerk's office shall refer such application to the Building Inspection Division, the Fire Department and the Police Department, to determine whether or not the property designated by the applicant qualifies and the extent to which it qualifies as property on which bingo games may be lawfully conducted, and as to zoning, occupancy, fire and other applicable restrictions.

(Ord. 153-76 § 1, 1976)

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games for charity in the City, the City Clerk's office shall issue a permit to said applicant, which shall contain the following information:

A. The name of the organization to whom the permit is issued;

B. The address where bingo games are authorized to be conducted;

C. The occupancy capacity of the place in which bingo games are to be conducted;

D. Such other information as may be necessary or desirable for the enforcement of the provisions of the regulations of this chapter.

(Ord. 153-76 § 1, 1976)

Any peace officer of the City shall have free access to any bingo game for charity authorized under the regulations of this chapter. The permittee shall have the bingo permit available for inspection at all times during any bingo game. It is unlawful for any person to interfere, block doorways or otherwise impede the efforts of a peace officer to make such inspections.

(Ord. 153-76 § 1, 1976)

The total value of prizes awarded during the conduct of any bingo games for charity shall not exceed five hundred dollars in cash or kind, or both, for each separate game which is held.

This section of the municipal code incorporates, by reference, any amendments to the provisions of Section 326.5 of the State Penal Code as though fully set forth herein.

(Ord. 153-76 § 1, 1976; Ord. 758-11 § 2, 2011)

A. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701-d of the California 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.

B. With respect to other organizations authorized to conduct bingo games pursuant to Section 23701-d of the California Revenue and Taxation Code, 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:

1. Such proceeds may be used for prizes;

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

C. The permittee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by the regulations of this chapter. The City, by and through its City Clerk, shall have the right to examine and audit such records at any reasonable time, and the permittee shall fully cooperate with the City by making such records available.

(Ord. 153-76 § 1, 1976; Ord. 159-77 § 3, 1977; Ord. 758-11 § 3, 2011)

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

(Ord. 153-76 § 1, 1976)

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

(Ord. 153-76 § 1, 1976)

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

(Ord. 153-76 § 1, 1976)

Notwithstanding that bingo games for charity are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the place in which such game is conducted as determined by the Fire Department and building inspection division of the City in accordance with applicable laws and regulations. The permittee shall not reserve seats or space for any person.

(Ord. 153-76 § 1, 1976)

A permittee shall conduct a bingo game only on property owned or leased by it, or donated for applicant's use and which is used for an office or for performance of the purposes for which the organization is organized; provided, however, that nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. The permit issued under this section shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office or as a place for the performance of the purposes for which the permittee is organized, the permit shall have no further force or effect. A new permit may be obtained by an eligible organization upon application under the regulations of this chapter when it again owns or leases property for an office or for the performance of the purposes for which the organization is organized.

(Ord. 153-76 § 1, 1976; amended during 1990 republication)

No person under the age of eighteen years of age shall be permitted to participate directly or indirectly in any bingo game conducted or being played in any place where bingo games for charity are authorized.

(Ord. 153-76 § 1, 1976)

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

(Ord. 153-76 § 1, 1976)

It is a misdemeanor under Section 326.5(b) of the California Penal Code for any person to receive or pay a profit, wage or salary from any bingo game authorized under this chapter, except that paid security personnel may be provided. A violation of which is punishable by a fine not to exceed ten thousand dollars which shall be deposited in the general fund of the City.

(Ord. 153-76 § 1, 1976; Ord. 159-77 § 5, 1977; amended during 1990 republication)

Whenever it appears to the Police Chief or his or her representative that the permittee is conducting a bingo game in violation of any of the provisions of this chapter, the Police Chief or his or her representative shall have the authority to summarily suspend the permit for the day in question and order the permittee to cease and desist any further operation of any bingo game for charity on such day.

(Ord. 153-76 § 1, 1976; amended during 1990 republication)

In addition to and in place of any administrative enforcement remedies available to the City under this chapter and Chapters 1.18 and 1.20 of the Union City Municipal Code, the City Attorney is authorized to bring an action to enjoin a violation of this section pursuant to Section 326.5(d) of the Penal Code.

(Ord. 758-11 § 4, 2011)