Vallejo Municipal Code Ch. 5.60 Bingo Games

"Bingo" or "bingo games" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card that conform to numbers or symbols selected at random. Notwithstanding State Penal Code, Section 330c, as used in this section, the game of bingo shall include cards having numbers or symbols that 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 preprinted cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance".

(Ord. 1344 N.C.(2d) § 2 (part), 1995: Ord. 925 N.C.(2d) § 2 (part), 1987.)

No organization shall conduct any bingo game within the city without first obtaining a bingo license from the city. Said license shall be effective only for the calendar year or part thereof in which the license is issued. No license so issued shall be transferable.

(Ord. 1344 N.C.(2d) § 2 (part), 1995: Ord. 925 N.C.(2d) § 2 (part), 1987.)

A. An organization shall file annually with the city an application for a bingo license. The application shall contain all information required by the city.

B. An application for a bingo license shall be accompanied by an application fee of fifty dollars, one-half of which shall be refunded if the application for the license is denied. The application fee shall be paid annually.

C. The city manager or their designee shall:

1. Determine whether the applying organization is either currently exempt from the payment of the bank and corporation tax by Sections 23701 a, 23701 b, 23701 d, 23701 e, 23701 f, 23701 g and 237011 of the Revenue and Taxation Code or is a mobilehome park association or senior citizen's organization; and

2. Verify that the property conforms to the locational requirements specified in Section 5.60.090A; and

3. Verify that the organization has maintained an office in Vallejo for at least two years prior to application. As used in this subsection, the word "office" shall mean a physical location within the city of Vallejo which is the headquarters or administrative center of the organization from which the organization's nonprofit, senior citizen or mobilehome park association activities are conducted, directed, supported or carried out. The applicant organization shall bear the burden of establishing that it has maintained an office in the city of Vallejo for the requisite period of time; an organization licensed to operate bingo games in the city of Vallejo on the effective date of this ordinance, and having an office in the city of Vallejo for less than the requisite two year period, shall be exempt from the two year time period requirement of subsection C.3 so long as it has not ceased to be licensed to operate bingo games in the city of Vallejo. Such organization is not exempt from the requirement of having an office, as herein defined, in the city of Vallejo; and

4. Verify that the organization has provided charitable services, consistent with its purposes, in Vallejo for two years prior to application; as used in this section "providing charitable services" does not include the conducting of a bingo game. The applicant organization shall bear the burden of establishing that it has provided charitable services, consistent with its purposes, in Vallejo for the time period herein required. An organization licensed to operate bingo games in the city of Vallejo on the effective date of this ordinance, shall be exempt from this requirement for a period of two years from the effective date of this ordinance; and

5. The application and any other documents required by the city to be submitted in conjunction with the application contains no false, misleading or fraudulent facts.

D. The city manager or their designee shall forward the application to the chief of police and the development services director, who shall determine whether or not:

1. The conduct of such bingo games at the times and at the place indicated will disturb the peace of the neighborhood and/or will create substantial traffic or parking problems; and

2. The applying organization or any person listed in the application has violated any laws and regulations of the city regarding business licensing, planning, building, fire, health or safety; and

3. A major conditional use permit has been granted authorizing the playing of bingo at the proposed location.

E. An organization must use at least seventy percent of bingo profits or proceeds from bingo games conducted in Vallejo for charitable purposes in the city of Vallejo. Applying organizations must provide a statement that they will meet this requirement at the time of application. Organizations must provide verification that they continue to meet this requirement with their annual application for renewal.

(Ord. 1400 N.C.(2d) § 1, 1998: Ord. 1344 N.C.(2d) § 2 (part), 1995: (Ord. 953 N.C.(2d) § 1, 1987: Ord. 925 N.C.(2d) § 2 (part), 1987.)

A. Only those applications which conform to the provisions of Sections 5.60.030 C, D and E above shall be granted a bingo license by the city; all other applications shall be denied.

B. Any party aggrieved by the decision of the city manager or their designee may appeal that decision to the city council as provided in Section 5.60.060.

(Ord. 1400 N.C.(2d) § 2, 1998: Ord. 1344 N.C.(2d) § 2 (part), 1995: Ord. 925 N.C.(2d) § 2 (part), 1987.)

A. The city manager, or designee, may suspend or revoke a bingo license if the conduct of an authorized organization has been in violation of any of the provisions of this chapter or of the city's administrative rule concerning bingo. Upon the suspension or revocation of a bingo license, no organization or person listed on the license application shall conduct bingo games or derive income from bingo games conducted on property owned or leased by or donated to it.

B. Prior to suspension or revoking the license, the authorized organization and any other identified interested parties shall be given written notice and an opportunity to be heard. The city manager, or designee, shall conduct such hearing, written notice of which shall be at least ten calendar days prior to the hearing. Such notice shall contain the reasons for the proposed action. The hearing before the city manager, or designee, shall be conducted publicly.

C. After the hearing, the city manager, or designee, shall in writing notify the organization and any other identified interested parties of the decision. Any party aggrieved by the decision of the city manager, or designee, may appeal that decision to the city council as provided in Section 5.60.060.

D. No organization or person listed on the license application may reapply for a bingo license within three years after such license has been revoked.

E. In the event that the major conditional use permit, authorizing bingo at the location is revoked by the planning commission, all bingo licenses shall be automatically suspended pending appeal to the city council as provided in Chapter 16.102. If the appeal is denied by the city council, or if an appeal is not filed in a timely manner, all bingo licenses issued for that location shall be automatically revoked.

F. Nothing contained in this chapter shall prohibit the city from seeking appropriate relief, injunctive or otherwise, from a court of competent jurisdiction, against an authorized organization with respect to the operation of its games pending a hearing before the city manager and/or the city council.

G. All written notices under this section shall be sent to the authorized bingo representative, to the president or presiding officer of the organization, and any other identified interested parties. The notices shall be sent certified mail, return receipt requested.

(Ord. 1344 N.C.(2d) § 2 (part), 1995: Ord. 925 N.C.(2d) § 2 (part), 1987.)

Any party aggrieved by the decision of the code enforcement manager, the city manager, or their designee, may appeal that decision to the city council may within ten days after that decision appeal in writing to the city council by filing such written appeal with the city clerk. Such appeal shall not be timely filed unless it is actually received by the city clerk or designee no later than the close of business on the tenth day after the decision was rendered. The city clerk shall cause the appeal to be set before the city council within thirty days from the date the appeal is filed.

(Ord. 1344 N.C.(2d) § 2 (part), 1995.)

In addition to the application fee for a bingo license, an additional fee for law enforcement and public safety costs incurred by the city that are directly related to bingo activities may be imposed and shall be collected monthly by the city; however, the fee shall not exceed the actual costs incurred in providing the service.

(Ord. 1400 N.C.(2d) § 3, 1998: Ord. 1344 N.C.(2d) § 2 (part), 1955: Ord. 925 N.C.(2d) § 2 (part), 1987.)

A. Authorized organizations shall keep and maintain full records and accountings and shall detail the amount of money obtained from players, the amount of money or value of prizes given for each game played, and the disposition of any funds generated by the conduct of bingo games.

B. The city shall have the right to inspect such records at any reasonable time. The code enforcement manager may request such records when the licensee applies to renew its annual license.

(Ord. 1344 N.C.(2d) § 2 (part), 1995: Ord. 925 N.C.(2d) § 2 (part), 1987.)

A. An organization authorized to conduct bingo games pursuant to this chapter shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by that organization for an office or for the purpose for which the organization is established. The property must be zoned for "participant sports and recreation bingo" as provided in Title 16 of the Vallejo Municipal Code and conform to the locational requirements of Section 16.06.420 C. Nothing in this subsection shall be construed to require that the property be, owned or leased by, or whose use is donated to, the organization to be used or leased exclusively by, or donated exclusively to that organization.

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

C. A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Members of the organization which operate and staff the bingo game shall not receive a profit, wage, or sales from any bingo game. Any person who receives a profit, wage, salary or other form of compensation from the authorized organization, including members of the organization, shall not operate, staff, work or assist in the conduct of any bingo game for the authorized organization. Nothing provided in this subsection nor in subsection F of this section, shall prohibit a person which receives a profit, wage, salary or other form of compensation from the authorized organization from attending the organization's bingo game for the purposes of observing the operation and conduct of the game.

D. 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. This subsection does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the game.

E. No person under eighteen years of age shall be allowed to participate as a player in, or volunteer at, any bingo game.

F. Any person who receives a profit, wage, salary or other form of compensation from the authorized organization shall not participate as a player in any bingo game conducted by the authorized organization.

G. 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.

H. Proceeds are the receipts of bingo game conducted by an authorized organization. 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 such proceeds, not to exceed twenty percent of the proceeds before the deduction for prizes, or two thousand dollars 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. Notwithstanding the foregoing, the limitation on expenditure of proceeds provided in subsection H,2 shall not apply to organizations exempt from payment of the bank and corporation tax by Section 223701d of the Revenue and Taxation Code; and,

3. The proceeds may be used to pay license fees.

I. 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.

J. The total value of prizes, including "free plays" or "free value packs," 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.

K. An authorized organization shall conduct its bingo games no more than twice a week.

L. The maximum number of bingo games conducted at a session shall be forty-five.

M. Notwithstanding subsection L of this section, an authorized organization may twice annually increase the maximum number of games conducted at a session to ninety.

N. Door prizes may be awarded during the conduct of bingo games provided the maximum retail value of such shall be two hundred fifty dollars.

O. An "electronic bingo machine" as used in this section means any electronically powered device used by any bingo player at any bingo game authorized by this chapter which helps the bingo player mark, process by computer or otherwise register, record, process numbers selected at random on any bingo card. Use of an electronic bingo machine or machines by any player at any bingo game authorized under this chapter is prohibited unless each of the following conditions is satisfied:

1. The type of electronic bingo machine used has been demonstrated to and inspected and approved by the city of Vallejo code enforcement divisions;

2. Not more than one electronic bingo machine is used by any bingo player during any bingo game;

3. Not more than forty-eight bingo cards are programmed into any electronic bingo machine during any bingo game.

P. In addition to subsections A through O of this section, the game of bingo which includes cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes shall be subject to the following rules and regulations:

1. It shall be conducted only by an organization which is licensed to conduct a bingo game 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;

2. It shall be conducted only at the time and place of the bingo game described in subsection P, 1 of this section;

3. The boxes which hold the bingo game cards shall be kept in public view at all times during the operation of the bingo game;

4. The bingo game cards which are in each box must be mixed or scrambled in public view before being sold;

5. All bingo game cards in a box must be sold before another box is opened and cards sold therefrom;

6. Winning bingo game cards of one hundred dollars or more shall be retained by the bingo game operator until the organization conducting such game is audited or for three yes, whichever occurs first;

7. Any person receiving pull tab payouts of one hundred dollars or more shall be paid and issued a receipt therefor only upon the person's providing a means of positive identification (driver's license, military identification) and legibly signing the receipt with the person's name and address.

(Ord. 1384 N.C.(2d) § 1, 1997: Ord. 1374 N.C.(2d) § 1, 1997: Ord. 1347 N.C.(2d) § 1, 1996: Ord. 1344 N.C.(2d) § 2, 1995: Ord. 953 N.C.(2d) § 2, 1987: Ord. 925 N.C.(2d) § 2 (part), 1997.)

A. It is a misdemeanor for any person to receive or pay for a profit, wage, or salary from any bingo game. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of the bingo game as provided in Section 5.60.090 H of this chapter.

B. A violation of subsection A of this section shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city. A violation of any provision of this chapter, other than Section 5.64.090 H of this chapter is a misdemeanor.

C. In addition to the criminal penalties provided in this chapter, violation of any provision of this chapter is a public nuisance, which may be abated by the city, including, but not limited to, the revocation of the conditional use permit, and the bringing of an action to enjoin a violation of this chapter.

(Ord. 1344 N.C.(2d) § 2 (part), 1995: Ord. 925 N.C.(2d) § 2 (part), 1987.)