Victorville Municipal Code Ch. 13.15 Bingo Games

This chapter is enacted pursuant to the authority contained in Article IV, Section 19 of the Constitution of the State of California and Section 326.5 of Penal Code of the State of California.

(Ord. 1822 § 3 (part), 1997)

It shall be the duty of the city manager to enforce the provisions of this chapter, and the chief of police shall render such assistance as may be required.

(Ord. 1822 § 3 (part), 1997)

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. Any form of bingo conforming to the law of the state of California may be played within the city.

"Calendar year quarter" means those three-month periods of the calendar year, commencing with the months of January, April, July and October.

"Operated and staffed" refers to those persons directly involved in the conduct of the game and shall include, but not be limited to, the calling of numbers, the distribution of cards, and the awarding of prizes.

"Premises" means the real property owned, leased or donated to an organization authorized to conduct bingo games pursuant to this chapter identified by the official street address as designated by the city.

"Security personnel" means the persons employed for the exclusive purpose of protecting persons and property at the bingo games.

(Ord. 1822 § 3 (part), 1997)

(a) Nothing in this chapter shall prohibit the holding of any bingo games, provided that the games are operated in compliance with the requirements of this chapter, conducted only by organizations 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 Revenue and Taxation Code and by mobile home park associations and senior citizens organizations and provided that the receipts of such games are used only for charitable purposes.

(b) Bingo games for charitable purposes are authorized pursuant to Section 19, Article IV, of the California Constitution, and Section 326.5 of the Penal Code, in accordance with the provisions of this chapter. Eligible organizations may apply to the city for a business license and a permit to conduct bingo games in the city under the provisions of Section 326.5 of the California Penal Code and the provisions of this chapter.

(Ord. 2216 § 1 (part), 2007; Ord. 1822 § 3 (part), 1997)

Notwithstanding the provisions of California Penal Code Section 326.5(a), the provisions of Penal Code Section 326.5 are incorporated herein by this reference and will apply to and control bingo operations and bingo games authorized by this chapter along with provisions of this chapter unless more restrictive provisions are contained herein, in which instance such more restrictive provisions shall control.

(Ord. 1822 § 3 (part), 1997)

No organization authorized to conduct bingo games pursuant to Section 13.15.040 of this chapter shall conduct such games unless such organization shall obtain a business license and a permit from the city to do so.

(Ord. 1822 § 3 (part), 1997)

(a) Applications for the permit required by Section 13.15.060 must be in writing on a form provided by the city. Such application shall contain the following information:

(1) The name of the applicant organization and a statement that the applicant is an eligible organization pursuant to Section 13.15.040 of this chapter;

(2) The names, addresses and signature of at least two officers, including the presiding officer, of the organization requesting the application;

(3) The street address of the particular property within the city, owned, leased by or donated to the applicant and used by such applicant for an office or for the performance of the purposes for which the applicant is organized, including a statement detailing the specific use of the property by applicant organization's operation;

(4) The particular property within the city, including the street number, owned, leased by or donated to the applicant on which bingo games will be conducted, together with the occupancy capacity of such place;

(5) The proposed day(s) of the week and hours of the day for conducting bingo games;

(6) A statement that the applicant agrees to conduct bingo games in strict compliance with the provisions of California Penal Code Section 326.5 and this chapter, as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked by the city upon the violation of any such provision;

(7) A statement setting forth the identity of the charitable organizations being supported and the character and extent the charitable work being done by such organizations or by the applicant and where such work has been or will be done;

(8) A statement setting forth the use to which the funds derived from such bingo games will be used;

(9) A statement that the signers have read and are familiar with the provisions of this chapter and will require all persons involved with such bingo games to read and be familiar with all provisions of this chapter prior to the holding of such bingo games;

(10) A statement that the members of the organization which operates any bingo game organized by such organization, will not receive any profit, wage or salary, or any other direct or indirect consideration from any bingo game;

(11) Such other information as may be required by the city.

(b) Such application shall be signed by the applicant under penalty of perjury.

(c) The applicant shall also submit, with the initial application and with an application for renewal, a certificate of determination of exemption showing that the organization is exempt from tax under Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), and 23701(l) of the Revenue and Taxation Code of the state or proof satisfactory to the city that it is a mobile home park association or a senior citizen organization authorized to conduct bingo games by Section 13.15.040.

(d) Each initial application and request for renewal shall be accompanied by a fee set forth in separate resolution.

(Ord. 2216 § 1 (part), 2007; Ord. 1822 § 3 (part), 1997)

Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games in the city, the city may issue a permit to such applicant, which permit shall contain the following information:

(1) The name and nature of the organization to which the permit is issued;

(2) The address where bingo games are authorized to be conducted;

(3) The occupancy capacity of the room in which bingo games are to be conducted;

(4) The date of the expiration of such permit; and

(5) Such other related information as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Ord. 1822 § 3 (part), 1997)

Applicants for a permit or permit renewal and holders of a permit under this chapter shall pay the maximum fees as permitted by Penal Code Section 326.5(l)(2) as it may be from time to time amended. In the event that Penal Code Section 326.5(l)(2) is repealed the fee shall be determined by the city council and shall be set forth in a separate resolution.

(Ord. 1822 § 3 (part), 1997)

The permit issued pursuant to Section 13.15.060 of this chapter shall expire one year after date of issuance or at such time as the permittee no longer meets the requirements of this chapter, whichever occurs first.

(Ord. 1822 § 3 (part), 1997)

Upon the filing of the application for a permit to conduct a bingo game, the city shall cause the application to be forwarded to the chief of police or his designee for review and investigation.

(1) The chief of police or his designee shall conduct an investigation of all persons listed on said application including, but not limited to any convictions the person might have, any acceptances of pleas of guilty or nolo contendere, any acceptances of pleas of guilty or nolo contendere to a lesser offense.

(2) No person may be involved in conducting, managing, or operating a bingo establishment or game who has been involved in an incident described in subsection (1) of this section, unless such incident is declared insignificant by the chief of police or his designee, at which time, the chief of police may forward the approved application to the city.

(Ord. 1822 § 3 (part), 1997)

Any changes in facts about which information is provided on the application for a permit pursuant to Section 13.15.070 of this chapter shall be immediately communicated to the city. A copy of said changes shall be forwarded to the chief of police or his designee and to any other appropriate departments for investigation and approval.

(Ord. 1822 § 3 (part), 1997)

The bingo permit, rules and regulations provided by the city and the permittee's rules of bingo operation shall at all times be posted conspicuously at the public entrance to the room in which bingo is played. The posted rules shall be readable, legible and accessible to all participants.

(Ord. 1822 § 3 (part), 1997)

(a) A bingo game shall be operated and staffed only by members of the authorized organization that organized it. No person shall receive or pay a profit, wage or salary from any bingo game authorized by this chapter.

(b) Only the organization authorized to conduct a bingo game shall operate such a game, or participate in the promotion, supervision or any other phase of a bingo games.

(c) This section does not preclude the employment of security personnel who are not members of the authorized organization at a bingo game by the organization conducting the game. Security personnel shall not be involved in the direct conduct of the game.

(Ord. 1822 § 3 (part), 1997)

An organization authorized to conduct bingo games pursuant to Section 13.15.040 shall conduct a bingo games 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 performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, that organization.

(Ord. 1822 § 3 (part), 1997)

Bingo games shall be open to the public and not limited to the members of the organization authorized to hold such games.

(Ord. 1822 § 3 (part), 1997)

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

(Ord. 1822 § 3 (part), 1997)

No person shall be permitted to play any game of bingo on credit.

(Ord. 1822 § 3 (part), 1997)

No minors shall be allowed to participate in any bingo games.

(Ord. 1822 § 3 (part), 1997)

No alcoholic beverage of any kind shall be served or consumed in the room where a bingo game is being conducted during or between the playing of the games.

(Ord. 1822 § 3 (part), 1997)

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 games.

(Ord. 1822 § 3 (part), 1997)

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

(Ord. 1822 § 3 (part), 1997)

With respect to organizations exempt from payment of the bank corporation tax by Section 23701(d) of the Revenue and Taxation Code, all profits derived from a bingo games shall be kept in a special fund or account and shall not be co-mingled with any other fund or account. Those profits shall be used only for charitable purposes.

(Ord. 2216 § 1 (part), 2007: Ord. 1822 § 3 (part), 1997)

With respect to organizations authorized to conduct bingo games, except for those organizations exempt from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be co-mingled with any other fund or account. "Proceeds" is defined as the receipts of bingo games. Those proceeds shall be used only for charitable purposes, except as follows:

(1) Proceeds may be used for prizes following the specifications set forth in Section 13.15.220.

(2) A portion of the 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 the rental of property and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel.

(Ord. 2216 § 1 (part), 2007: Ord. 1822 § 3 (part), 1997)

(a) No person shall interfere with, prevent or refuse to permit duly authorized representatives of the city or any peace officer to make an examination or inspection of the premises of an applicant or permittee used for bingo games, whether or not the premises or any part thereof are being used at the time for the conduct or operation of such games.

(b) Failure to allow the examination or inspection, or interference with same, shall be grounds for revocation of the permit or denial of issuance of the permit.

(Ord. 1822 § 3 (part), 1997)

The city may deny, suspend or revoke an application, renewal application, or existing bingo permit, for any of the following causes:

(1) The applicant or permittee does not meet the requirements of this chapter or does not comply with all applicable laws, including but not limited to, health, zoning, fire and safety requirements;

(2) The permit or renewal application contains false, misleading or fraudulent statement or omission of fact;

(3) Changes to the information on the permit application have not been reported to the city, per Section 13.15.120;

(4) The applicant or permittee has engaged in conduct that would constitute grounds for denial, suspension, or revocation under Section 5.04.310 of this code, including but not limited to the failure to obtain and maintain Internal Revenue Service and state nonprofit status pursuant to the California Revenue and Taxation Code or the Internal Revenue Code, or any subsequently enacted related legislation or regulations;

(5) The applicant or permittee has engaged in conduct in California, or any other state which would constitute grounds for denial, suspension or revocation under this chapter;

(6) Bingo games authorized by the permit have been conducted in violation of this chapter or Section 326.5 of the Penal Code, or there have been one or more violations of federal, state or city law committed at the location of the bingo games.

(Ord. 1822 § 3 (part), 1997)

An authorized representative of the city who observes the operation of a game, and determines that bingo played under a permit issued by the city is not being played according to the laws of the state of California or this chapter, or any rule or regulation promulgated thereunder, may issue an order to immediately cease and desist such violation. Failure of the bingo manager to cease such violation promptly may result in the revocation of the permit.

(Ord. 1822 § 3 (part), 1997)

(a) Semiannually, prior to July 31st and prior to January 31st, the organization authorized to conduct bingo games shall, at its own expense, prepare and submit to the city on a form to be provided by the city, a report of gross revenues, expenses and other information as indicated on said form for the periods of January 1st through June 30th and July 1st to December 31st, respectively.

(b) Any organization permitted to conduct bingo games pursuant to this chapter shall, as a condition of such permit, maintain complete and accurate records of income received and prizes and expenses disbursed in connection with the operation of the bingo games.

(c) The city may at any time demand, and retains the right to inspect and examine, a complete and detailed accounting of any organization's income and expense records pursuant to subsection (b) of this section, in addition to any further data or information pertaining to the operation of bingo games. Such right to information and inspection may include, but is not limited to, an agreed upon procedures examination, an audit, and/or other type of accounting of the organization's gross and net receipts from the operation of such games over a designated period, an inspection of bingo cards, funds, equipment or any other records or documentation in connection with the operation of games over a designated period. Such detailed accounting or further data or information must be provided at the expense of the authorized organization if, in the sole discretion of the city, such detailed accounting or further data or information is necessary. If any such inspection, examination or audit reveals that the organization is not in compliance with the requirements of this chapter in its conduct of bingo games or, that information provided to the city pursuant to the requirements of Section 13.15.070 or 13.15.120 is not complete and accurate the costs of such inspection, examination or audit will upon demand be reimbursed to the city by the organization conducting the bingo games.

(d) In the event an organization fails to render an accounting or provide information pursuant to the provisions of this section within sixty days after requests for such information by the city, such organization's right to conduct bingo games pursuant to this chapter may be suspended by the city until such accounting is rendered or information provided.

(e) Records required by this section shall be retained for a period of three years. The licenses, books and records shall be available for inspection by the city manager or his/her designee at any reasonable time.

(Ord. 2216 § 1 (part), 2007; Ord. 1822 § 3 (part), 1997)

(a) Notice. When the city concludes that grounds for denial, suspension, revocation or refusal to renew a permit exists, the city shall serve the applicant or permit holder, either personally or by certified mail, or by first class U.S. mail, addressed to the business or residence address of applicant or permit holder, with a notice of denial or notice of intent to suspend, revoke or refuse to renew permit. This notice shall state the reasons for the proposed action, the effective date of the decision if no appeal is filed by applicant or permit holder, and the right of the applicant or permit holder to appeal. It shall be unlawful for any person to conduct a bingo operation after a permit application has been denied, until the appeal process is concluded and the decision on appeal reverses the denial. An appeal timely filed, shall stay the effective date of a decision to suspend, revoke or to refuse to renew a bingo permit until the appeal process is concluded.

(b) Any applicant or permittee aggrieved by any action of the city in refusing to issue any permit or license, or in revoking or suspending or refusing to renew any permit or license already issued pursuant to this chapter shall have the right of appeal to the city manager or his designee. Such appeal shall be taken by filing with the city clerk, within ten calendar days after personal delivery or mailing of notice of such action, a written statement setting forth fully the grounds of appeal. Otherwise, the action of the city shall be final and conclusive.

A hearing shall be granted to the holder of the permit before the city manager or the designee of the city manager after not less than five nor more than twenty-one days' written notice to such applicant or permittee, stating the time and place where such hearing will be held. Any license or other permit issued in connection with the granting of such license or permit shall by the order thereof, be forthwith surrendered to the city. Such hearing may be continued by the city manager or the designee of the city manager with the approval of the applicant or permit holder.

(c) Any applicant or permittee further aggrieved by the decision of the city manager or his designee shall have the right of appeal to the city council. Such appeal shall be taken by filing with the city clerk, within ten days after such notice or such action a written statement setting forth fully the grounds of appeal. Otherwise, the action of the city manager or his designee shall be final and conclusive.

The city clerk shall set the hearing for a regularly scheduled city council meeting or a special meeting no later than thirty days after receipt of any request for appeal, review or reconsideration, or in the event of a period greater than thirty days, with the consent of the applicant or permit holder. Notice of such hearing on appeal or review shall be given at least five days prior to the date of the hearing. At such hearing the applicant or permittee and their attorney may be present and submit evidence. The hearing shall not be continued by the city council without the applicant's consent. The decision and order of the city council at or after such hearing shall be final and conclusive.

(d) Such revocation or suspension of a permit shall be in addition to other penalties more specifically provided for in this chapter.

(Ord. 1822 § 3 (part), 1997)

(a) The city attorney may bring an action to enjoin a violation of this chapter.

(b) A violation of Section 13.15.170 of this code is a misdemeanor 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 other section of this chapter, other than Section 13.15.170, is a misdemeanor.

(Ord. 1822 § 3 (part), 1997)

(1) Legislative authorization. This chapter is adopted pursuant to Section 19 of Article IV of the California Constitution, as implemented by Sections 326.3 and 326.4 of the Penal Code.

(2) Remote caller bingo authorized. Remote caller bingo may be lawfully played in the city pursuant to the provisions of Sections 326.3 and 326.4 of the Penal Code, and this chapter, and not otherwise.

(3) Qualified applicants: Applicants for licensure.

(a) The following organizations are qualified to apply to the business license official for a license to operate a bingo game if the receipts of those games are used only for charitable purposes:

(1) An organization exempt from the payment of the taxes imposed under the Corporation Tax Law by Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue and Taxation Code.

(2) A mobile home park association of a mobile home park that is situated in the city.

(3) Senior citizen organizations.

(4) Charitable organizations affiliated with a school district.

(b) The application shall be in a form prescribed by the business license official and shall be accompanied by a nonrefundable filing fee in an amount determined by resolution of the city council as may be amended from time to time. The following documentation shall be attached to the application, as applicable:

(1) A certificate issued by the franchise tax board certifying that the applicant is exempt from the payment of the taxes imposed under the Corporation Tax Law pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue and Taxation Code. In lieu of a certificate issued by the franchise tax board, the business license official may refer to the franchise tax board's internet web site to verify that the applicant is exempt from the payment of the taxes imposed under the corporation tax law.

(2) Other evidence as the business license official determines is necessary to verify that the applicant is a duly organized mobile home park association of a mobile home park situated in the city of Victorville.

(4) License application: Verification. The license shall not be issued until the business license official has verified the facts stated in the application and determined that the applicant is qualified.

(5) Annual licenses. A license issued pursuant to this chapter shall be valid until the end of the calendar year, at which time the license shall expire. A new license shall only be obtained upon filing a new application and payment of the license fee. The fact that a license has been issued to an applicant creates no vested right on the part of the licensee to continue to offer bingo for play. The city council expressly reserves the right to amend or repeal this chapter at any time by ordinance. If this chapter is repealed, all licenses issued pursuant to this chapter shall cease to be effective for any purpose on the effective date of the repealing ordinance.

(6) Conditions of licensure.

(a) Any license issued pursuant to this chapter shall be subject to the conditions contained in Sections 326.3 and 326.4 of the Penal Code and each licensee shall comply with the requirements of those provisions.

(b) Each license issued pursuant to this chapter shall be subject to the following additional conditions:

(1) Bingo games shall not be conducted by any licensee on more than two days during any week, except that a licensee may hold one additional game, at its election, in each calendar quarter.

(2) The licensed organization is responsible for ensuring that the conditions of this chapter and Sections 326.3 and 326.4 of the Penal Code are complied with by the organization and its officers and members. A violation of any one or more of those conditions or provisions shall constitute cause for the revocation of the organization's license. At the request of the organization, the city council shall hold a public hearing before revoking any license issued pursuant to this chapter.

(Ord. No. 2273, 3-1-11)