Ventura Municipal Code Ch. 10.400 Bingo 7

7 Cross reference(s): Amusements, Chapter 6.50; gambling, Chapter 10.350.

As used in this chapter “bingo” means 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. (Code 1971, § 6160)

To be eligible to conduct a bingo game in the city, the conducting organization must:

A. Be an organization exempted from the payment of the bank and corporation tax by Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, or 23701l of the Revenue and Taxation Code or a mobile home park association or senior citizens’ organization; and

B. Have leased, owned or held donated real property within the county of Ventura and have operated the organization from that real property, performing the functions for which the organization was organized, for at least a consecutive period of one year prior to application for a bingo license. Once qualified, an organization shall not lose its qualified status under this section by reason of a subsequent change of such leasehold, ownership, or donated use of real property within the county of Ventura. (Code 1971, § 6161)

A. Filing of Application. Eligible organizations desiring to obtain a license to conduct bingo games in the city of San Buenaventura shall file an application in writing with the business license division on a form to be provided by the division. The issuing authority shall be the business license division. The license issued shall be for a term of one year or a portion thereof with the annual renewal date for all bingo licenses January 1st of each year.

B. Applicant Must Be Qualified. No license shall be issued to any organization unless such organization is an eligible organization under Section 10.400.020 and its application conforms to the requirements, terms and conditions of this chapter.

C. Contents of Application. The application for a license shall contain the following:

1. The name of the applicant organization and a statement that the applicant is an eligible organization under Section 10.400.020.

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

3. The particular property within the city of San Buenaventura, including the street number, owned or leased by the applicant, used by such applicant for an office or for 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.

4. Proposed days of week and hours of day for conduct of bingo games.

5. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter, as the same now exists and as they may be amended from time to time, and agrees that the license to conduct bingo games may be suspended by the city manager upon violation of any such provisions.

6. The application shall be signed by the applicant under penalty of perjury.

7. The annual license fee as fixed by the city council by resolution shall accompany the application and be paid on annual renewals thereof.

8. Any such information as may be required by the business license division.

D. Investigation of Applicant. Upon receipt of the completed application and the fee, the business license division shall refer the same to interested departments of the city, including, but not limited to, the police department, building and safety division, and the fire department, for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies and the extent to which it qualifies, as property on which bingo games may lawfully be conducted, as to fire, occupancy, and other applicable restrictions.

E. Contents of License. Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the city, the business license division shall issue a license to said applicant, which shall contain the following information:

1. The name and nature of the organization to whom the license is issued.

2. The address where bingo games are authorized to be conducted.

3. The occupancy capacity of the room or rooms in which bingo games are to be conducted.

4. The date of the expiration of such license.

5. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. (Code 1971, § 6162)

A. Generally.

1. Whenever it appears to the city manager that the licensee is conducting a bingo game in violation of any of the provisions of state law or of this chapter, and that immediate suspension of the activity is necessary for the public health, safety, or general welfare, the city manager shall have the authority to suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.

2. Any person who continues to conduct a bingo game after any suspension thereof under subsection (A)(1) of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding $500.00 or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

3. The order issued under subsection (A)(1) of this section shall also notify the licensee of a hearing that will be held before the city manager within 10 days from the date of such order unless the licensee gives notice that a hearing is not desired.

4. The city manager shall conduct the hearing specified in subsection (A)(3) of this section at which hearing the suspended licensee may appear for the purposes of presenting evidence why the license should not be suspended.

5. The determination of the city manager shall be subject to appeal to the city council as provided in Section 6163.2.

B. Suspension or Revocation of License – Alternative Procedure.

1. Whenever it appears to the city manager that the licensee is conducting bingo games in violation of any state law or of the provisions of this chapter, or that the license was obtained by fraudulent misrepresentation and no summary suspension is ordered under subsection A of this section, the license may be suspended or revoked; provided, however, the licensee may appear before the city manager at the time fixed by the city manager for the purpose of presenting evidence why the license should not be suspended or revoked. No license shall be suspended or revoked under this section unless written notice shall have first been given at least 10 days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.

2. Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the city of San Buenaventura for a period of one year from the date of such revocation. (Code 1971, § 6163)

A. Attendance Limited to Occupancy Capacity. Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the fire department and building department of the city in accordance with applicable laws and regulations. Licensees shall not reserve seats or space for any person.

B. Proceeds. The proceeds of bingo games shall be used only for charitable purposes as outlined in subsection H of this section.

C. Intoxicated Persons Not to Participate. No person who is intoxicated shall be allowed to participate in a bingo game.

D. Hours of Operation. No licensee shall conduct any bingo game more than six hours out of any 24-hour period. No bingo games shall be conducted before 10:00 a.m. nor after 2:00 a.m. of any day. In connection with bingo games held on publicly owned property during limited term events, as during the Ventura County Fair, a licensee may conduct a bingo game for up to 12 hours during any 24-hour period so long as the licensee’s bingo activity occurs on no more than 15 days in any calendar year.

E. Location. Any organization authorized to conduct bingo games shall conduct such games only on property owned or leased by it, and which property must be property used by such organization for an office or for performance of the purposes for which the organization is organized. This section shall not be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

F. Public Access. All bingo games shall be open to the public, not just to the members of the authorized organization except for the fire and occupancy restriction indicated in subsection A of this section.

G. Staffing. A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo game. 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.

H. Financial Interest and Separate Fund. 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.

With respect to organizations licensed and exempt from payment of the bank and corporation tax by Section 23607d 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 licensed to conduct bingo games pursuant to this chapter, 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 20 percent of the proceeds after the deductions for prizes, or $2,000 per month, whichever is less, may be used for rental of property and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

I. On-Premises Requirement. No person shall be allowed to participate in a bingo game, unless the person is physically present at the time and place at which the bingo game is being conducted.

J. Maximum Single Game Prize. The total value of prizes awarded during the conduct of any bingo game shall not exceed $500.00 in cash or kind, or both, for each separate game which is held. (Code 1971, § 6164; Ord. No. 2012-010, § 2, 4-9-12)