Weed Municipal Code Ch. 5.08 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.

(Ord. 207-78 §1, 1978).

No individual, corporation, partnership or other legal entity shall be permitted to conduct a bingo game except organizations exempted from the payment of bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(4), 23701(f), 23701(g) and 23701(1) of the Revenue and Taxation Code and by mobile home park associations and senior citizens organizations.

(Ord. 207-78 §2, 1978).

No person shall receive or pay a profit, wage or salary from any bingo game authorized in this chapter.

(Ord. 207-78 §3, 1978).

No minor shall be allowed to participate in any bingo game.

(Ord. 207-78 §4, 1978).

An 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. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

(Ord. 207-78 §5, 1978).

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

(Ord. 207-78 §6, 1978).

A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Only the organization authorized to conduct a bingo game shall operate such game, or participate in promotion, supervision or any other phase of such game.

(Ord. 207-78 §7, 1978).

No individual, corporation, partnership or other legal entity except the organization authorized to conduct the bingo game shall hold a financial interest in the conduct of such bingo game.

(Ord. 207-78 §8, 1978).

A. With respect to organizations exempt from payment of bank and corporation tax by Section 23701(d) 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.

B. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds derived from bingo games 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 ten percent of the proceeds after the deduction for prizes, or five hundred dollars per month, whichever is less, may be used for rental of property, overhead and administration purposes.

(Ord. 207-78 §9, 1978).

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.

(Ord. 207-78 §10, 1978).

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

(Ord. 207-78 §11, 1978).

All bingo games shall be conducted only during the hours of noon to midnight.

(Ord. 207-78 §12, 1978).

All equipment used in the operation of bingo games shall be owned by the organization authorized to conduct such bingo games.

(Ord. 207-78 §13, 1978).

Each organization conducting a bingo game shall maintain detailed records of all profits, expenditures, prizes and other expenses associated with the operation of bingo games. Said records shall be retained for such period of time as required by state and federal law, and for a period of three years for the purposes of this chapter.

(Ord. 207-78 §14, 1978).

No individual, corporation, partnership or other legal entity shall conduct a bingo game without first obtaining a permit from the chief of police to do so.

(Ord. 207-78 §15, 1978).

A. A written application for a permit required by this chapter shall be made by affidavit under penalty of perjury filed with the chief of police.

B. Such application shall contain:

1. The name of the organization, and the names, signatures and addresses of all the officers of the organization;

2. The days and hours of operation of bingo games;

3. A copy of a certificate or letter from the Franchise Tax Board evidencing exempt status under Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(1) of the Revenue and Taxation Code, if so exempt;

4. The address of the premises where bingo games will be conducted;

5. A statement of ownership or lease of the premises;

6. The purposes for which such premises are used by the organization;

7. A statement of ownership of bingo equipment used in the operation of bingo games;

8. A statement of consent for the chief of police to inspect any bank accounts containing profits derived from bingo games;

9. The name of each individual, corporation, partnership or other legal entity which has a financial interest in the conduct of bingo games;

10. The name of the person responsible for the operation of the bingo games;

11. A statement as to whether the total value or prizes awarded for any separate game will on any occasion exceed five dollars in cash or kind, or both;

12. Such further information as may be required by the chief of police to effect the purposes of this chapter.

(Ord. 207-78 §16, 1978).

A. In connection with any bingo permit applied for or issued, the chief of police shall have the authority to inspect the premises in order to ensure that the operation of bingo games at the premises does not constitute a violation of any state or federal law or provision of this chapter.

B. In connection with any bingo permit applied for or issued, the chief of police may inspect the records and special bank accounts containing profits derived from bingo games of any organization conducting bingo games whenever deemed reasonable and appropriate to ensure compliance with the provisions of this chapter.

(Ord. 207-78 §17, 1978).

The chief of police shall have authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for purposes of determining those who have been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude, and to present such information at any bingo permit hearing.

(Ord. 207-78 §18, 1978).

The chief of police shall submit any application to other departments or governmental agencies for investigation and recommendation, including but not limited to the following:

A. Fire department, as to any fire hazard on the premises in question;

B. Property and code enforcement departments, as to health and sanitary conditions of the premises; and county board of health; and

C. Planning department, as to compliance with zoning requirements and ordinances.

(Ord. 207-78 §19, 1978).

A. The chief of police shall set the time, not fewer than five nor more than thirty days following filing of an application, and place for public hearing on each application for a bingo permit, and shall mail notice thereof to the applicant and to any other person who has filed a written request for such notice.

B. Each applicant shall have the opportunity to review all records, papers, files and other evidence relating to the application for a bingo permit, except criminal history information, at least five days prior to the time set for public hearing on such application.

(Ord. 207-78 §20, 1978).

At the time and place set for public hearing on the application for a bingo permit, the chief of police, or an assistant or deputy chief of police appointed by and acting for the chief of police, shall consider the records, papers, files and other evidence deemed relevant. The decision of the chief, or assistant or deputy acting for him, either granting or denying the permit shall be mailed to the applicant and to any other person who has filed a written request for such notice within ten days following the close of the hearing.

(Ord. 207-78 §21, 1978).

A. A chief of police, or assistant or deputy acting for him, may refuse to issue a permit if it is determined that the operation of the bingo game would be injurious to the health, safety and morals of the people of the city; that the apparent mode of operation of the bingo game would not be in compliance with state or federal law, or with this chapter; that the apparent mode of operation of the bingo game would constitute a fire, health or sanitary hazard, or would not be in compliance with building or zoning regulations, requirements and ordinances; that any person to be operating or assisting in the operation of the bingo game has been convicted within the past five years of a crime involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude; that there has been a willful misstatement of fact in an application or report filed under this chapter, or a negligent failure to file any report required under this chapter; or that there has been any other violation of any provision of this chapter.

B. If the permit is approved, the chief, or assistant or deputy acting for him, may include restrictions and conditions in the permit deemed reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter.

(Ord. 207-78 §22, 1978).

A. At any time within ten days after mailing notice of the denial or conditional issuance of a bingo permit, or of a suspension or revocation thereof, the applicant or permit holder may appeal the decision to the city council. Such shall be done by filing written notice of appeal with the council at the office of the city clerk. The perfecting of such appeal shall not suspend the denial, conditional issuance, suspension or revocation of a bingo permit.

B. The city council shall set the time not fewer than five nor more than thirty days following perfecting of an appeal, and place for public hearing thereon, and shall mail notice thereof to the applicant and to any other person who has filed a written request for such notice. The council shall make its order affirming or overruling the decision within ten days following the close of the hearing.

(Ord. 207-78 §23, 1978).

A. Any changes as to the staff operating or assisting in the operation of bingo games, and any other changes in the information furnished in the application subsequent to its filing, shall be reported promptly to the chief of police for any further investigation deemed necessary and appropriate.

B. If, at any time after issuance of a bingo permit, the chief of police suspects that grounds exist which would warrant denial or conditional approval of such permit, he may conduct a hearing to decide whether such permit shall be suspended or revoked in the manner provided in this chapter for a permit application.

(Ord. 207-78 §24, 1978).

A. The fee for a general permit shall be fifty dollars, payable at the time of issuance of each renewal thereof, except that the fee shall be five dollars if the total value of prizes awarded for any separate game will not on any occasion exceed five dollars in cash or kind, or both.

B. The fee for a special permit shall be five dollars, payable at the time of issuance thereof.

C. If an application for a permit is denied, one-half of any permit fee shall be refunded to the organization.

(Ord. 207-78 §25, 1978).

A. General permits are granted for one-year terms; each term is renewable annually. Written application for renewal of a general permit shall be made to the chief of police at least one month prior to its expiration date.

B. A special permit is granted only for a one-day term for each bingo game; said special permit shall not be renewable.

(Ord. 207-78 §26, 1978).

Within thirty days following expiration of the period of the permit, each permittee shall file with the chief of police a report, made under penalty of perjury, containing the following information:

A. Any changes in or additions to the information required in the application;

B. The total amount of money received from the operation of the bingo games in the previous fiscal year;

C. The total amount paid out in prizes;

D. Detailed costs to the organization for the operation of the bingo games.

(Ord. 207-78 §27, 1978).

Permits granted under this chapter shall not be transferable, either as to permittee or location. Any attempt to transfer shall render the permit in question invalid.

(Ord. 207-78 §28, 1978).

A. Any person who violates Sections 5.08.030 through 5.08.160 or 5.08.270 shall be guilty of a misdemeanor.

B. Violation of Section 5.08.030 shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city.

(Ord. 207-78 §29, 1978).