Visalia Municipal Code Ch. 5.12 Bingo

Bingo games are allowed pursuant to and as restricted by Section 19(c) of Article IV of the California Constitution, California Penal Code Section 326.5 (including future amendments thereto), and the provisions of this chapter. (Prior code § 5076)

The provisions of Penal Code Section 326.5 (including future amendments) are incorporated herein by this reference; and "charitable organization" herein means an organization referred to therein. (Prior code § 5077)

A. No charitable organization shall conduct a bingo game without a currently valid, unrevoked, unsuspended license as provided for by this chapter.

B. No person shall promote, supervise, operate, conduct or staff any bingo game, or participate in such activity, unless he is a member of a charitable organization which is lawfully licensed to do so and which has designated him to do so and he is designated in its license to do so.

C. An organization licensed pursuant to this chapter shall not conduct or permit to be conducted a bingo game unless said license is posted in a conspicuous place during the conduct of any bingo game. The licensee shall produce and exhibit the same, when applying for renewal thereof, and whenever requested to do so by any peace officer or officer authorized to issue, or inspect licenses.

D. Definition of Bingo. 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.

E. Maximum Amount of Prize. The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

F. Hours. No bingo games shall be conducted between the hours of two a.m. and nine a.m.

G. Profits to be Kept in Separate Fund or Account. 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. The licensee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervisions and any other phase of bingo games which are authorized by this chapter. The city, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time, and licensees shall fully cooperate with the city by making such record available.

H. Bingo Games Open to Public. All bingo games shall be open to the public, not just to the members of the licensee organization.

I. Bingo Games Conducted Only on Licensee's Property. A licensee 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 license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application.

J. Minors Not to Participate. No person under the age of eighteen (18) years of age shall be allowed to participate in the bingo game. (Prior code § 5078)

A. The application for a license to conduct bingo games shall be made to the chief of police on forms provided by his office.

B. The application shall include the following information:

1. The name, address, date and place of birth, physical description and driver's license number of every officer of the charitable organization;

2. The name, address, date and place of birth, physical description and driver's license number of not more than twenty (20) members to be authorized to operate bingo games on behalf of the organization;

3. The date(s) and location(s) of the proposed bingo game(s);

4. Proof that the organization is a charitable organization as defined by Penal Code Section 326.5(a).

C. License Not Transferable. Each license shall be issued to a specific charitable organization authorizing not more than twenty named members to conduct a bingo game on its behalf at one or more named locations. This license is not transferable from organization to another, from one member to another, or from one location to another. The license is only a temporary and non-transferable permit to act within the provisions of this chapter and all other applicable laws and regulations, and always expires no later than one year from its date. It has no validity when it has been seized, suspended, or revoked by the chief of police. Any attempt to transfer, assign, pledge, mortgage, or hypothecate the license, or to attach or execute on it, immediately and permanently voids it.

D. Consent. The application for or acceptance of a license constitutes:

1. Consent to the entry of any peace officer(s) to investigate the location(s) identified in the application before the issuance of a license as well as during any game(s) thereafter;

2. Consent to the chief of police or his agents reviewing or auditing the charitable organization's records relating to the conduct of bingo games and to the special account required by Penal Code Section 326.5(j), for the purpose of verifying compliance with the financial interest and special fund requirements of Penal Code Section 326.5 and with this chapter and all other applicable laws and regulations. (Prior code § 5079)

A. A bingo license shall be valid for one year and upon application may be renewed on a yearly basis. There are no fees for license or application.

B. Investigation. Upon receiving a completed application, the chief of police may investigate to determine whether the license should be issued.

C. Issuance or Denial. Within fourteen (14) days after receipt of a completed application, the chief of police shall either issue the license or deny it in writing with his reasons therefore.

D. Revocation. The chief of police may suspend or revoke a license for any violation of the provisions of this chapter or of any applicable law or regulation, or for any false, misleading of fraudulent statement of a material fact in the application for the license or in the promotion, supervision, operation, conduct or staffing of any bingo game. (Prior code § 5080)

If the chief of police determines that a bingo license should be suspended or revoked, he shall serve on the licensee a notice of his intent with his reasons therefore. The notice shall provide for a suspension or revocation of the license seven days after service of the notice upon the licensee, unless the licensee arranges to appear at a hearing before the chief of police and show cause why such action should not be taken. (Prior code § 5081)

A. The chief of police may immediately suspend or revoke a bingo license upon the licensee's refusal to:

1. Permit the entry of any peace officer to investigate the conduct of a bingo game; or

2. Permit the chief of police to review or audit the charitable organization's records relating to the conduct of bingo games under the license and to the special account required by Penal Code Section 326.5(j).

B. Upon taking such action, the chief of police shall within forty-eight (48) hours serve on the licensee a written statement of the reasons for this action, and schedule a show cause hearing on re-instatement of the license within five days of a request to do so by the licensee.

C. Decision. The chief of police shall issue his written decision within seven days after the conclusion of a show cause hearing. (Prior code § 5082)

A. Any holder of a license whose license is revoked under this chapter shall have the right, within ten days after receiving notice in writing of the revocation, to file a written appeal to the city council. Such appeal shall set forth the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within thirty (30) days after its receipt by the city, or at a time thereafter agreed upon and shall cause the appellant to be given at least ten days written notice of such hearing. At the hearing the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his appeal. The determination of the city council on the appeal shall be final.

B. Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule the decision of the chief of police. (Prior code § 5083)

The city may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this chapter. (Prior code § 5084)