Ventura County Municipal Code Art. 4.5 Bingo Game Licenses

"Bingo game" means 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.

Upon application, the Sheriff of Ventura County is authorized to issue a license for a bingo game, pursuant to Penal Code section 326.5, for the period through June 30 of any given year. The license may be issued and renewed if the Sheriff is satisfied that each of the following conditions are and will be met:

(a) The license shall be applied for, granted to, for the benefit of, and administered by a nonprofit, charitable organization, as defined in Revenue and Taxation Code section 23701(d);

(b) The individual filing the application on behalf of the organization shall indicate: (1) the organization's name and address, (2) proof of its exempt status as shown by a determination issued by the Franchise Tax Board pursuant to Revenue and Taxation Code section 23701(c), and (3) proof of his authority to file the application on behalf of the organization;

(c) The organization shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The property shall be identified in the application;

(d) A bingo game shall be operated and staffed only by members of the organization which organized the bingo game and they shall not receive a profit, wage, or salary from the bingo game. Only the organization authorized to conduct a bingo game shall operate, promote, supervise, or hold a financial interest in the conduct of the bingo game;

(e) A bingo game shall be open to all members of the public, other than minors, who are physically present. The maximum number of players on the property shall be estimated in the application;

(f) The total value of prizes awarded during the conduct of a bingo game shall not exceed $250 in cash or kind, or both, for each separate game. 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;

(g) The organization shall keep a current and running record, available for inspection by the Sheriff at his request, indicating: (1) the amount in the above-mentioned special fund account, (2) the date any bingo games were played, (3) the number of bingo games played for each date, (4) the number of players for each date, (5) the amount of fees or moneys collected for each date, and (6) the total prizes awarded for each date.

Upon receipt of the application for a bingo game license, the Sheriff shall process the application and notify any department or agency that has a legitimate interest in the granting or denying of the application. The Sheriff shall notify the applicant of the granting or denying of the application within thirty (30) days of its receipt.

The applicant can petition the Board of Supervisors to appeal the denial of an application for a bingo game license.

The Sheriff can petition the Board of Supervisors to revoke any bingo game license on the ground that the conditions of the license have not been met.

A petitioner shall file a written statement with the Clerk of the Board of Supervisors requesting a hearing before the Board of Supervisors and indicating the basis for the petition. The Clerk of the Board of Supervisors shall set the hearing within thirty (30) days and give notice to the Sheriff, in the event of an appeal, and to the licensee, in the event of a request for revocation. At the hearing before the Board of Supervisors, the petitioner shall have the burden of proof.