Chapter 5.24 — BINGO

For the purposes of this chapter, the following terms shall have the following meanings:

"Bingo" shall mean 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. The game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes.

"Eligible organization" shall be defined as any of the following:

• (a) Labor, agricultural or horticultural organizations exempted from the payment of bank and corporation taxes by Section 23701a of the state Revenue and Taxation Code;

• (b) Fraternal beneficiary societies, orders or organizations exempted from payment of bank and corporation taxes by Section 23701b of the state Revenue and Taxation Code;

• (c) Religious, charitable, scientific, literary, educational, amateur sports or humanitarian organizations exempted from payment of bank and corporation taxes by Section 23701d of the state Revenue and Taxation Code;

• (d) Business leagues, chambers of commerce, real estate boards and boards of trade exempted from payment of bank and corporation taxes by Section 23701e of the state Revenue and Taxation Code;

• (e) Civic leagues, social welfare and employees' organizations exempted from payment of bank and corporation taxes by Section 23701f of the state Revenue and Taxation Code;

• (f) Nonprofit pleasure and recreation clubs exempted from payment of bank and corporation taxes by Section 23701g of the state Revenue and Taxation Code;

• (g) Domestic fraternal societies, orders or associations exempted from payment of bank and corporation taxes by Section 23701l of the state Revenue and Taxation Code.

• (Prior code § 6344(a); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 18, 19, 1995)

1. Games Permitted. Pursuant to Article IV, Section 19, of the California Constitution and Section 326.5 of the California Penal Code, this chapter authorizes the conduct of bingo games for charitable purposes and in conformity with any other requirements imposed herein.

2. Eligible Organizations. Only an eligible organization may apply for a license to operate bingo games within the City of West Hollywood.

3. General Procedure. Notwithstanding any other provision of this chapter, the provisions of this section shall control the licensing of bingo games where in conflict.

   • (a) Application Information. Any eligible organization shall file an application for a business license to operate a bingo game with the Director upon a form to be provided by the Director. Notwithstanding any other provision of this chapter, the application

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City of West Hollywood, CA § 5.24.020

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§ 5.24.020

shall specify the following information:

• (1) The name, address and telephone number of the local applicant organization, the nature of the organization, and a statement that the applicant is an eligible organization as defined by this chapter;

• (2) The names and addresses of all officers and directors of the eligible organization;

• (3) A list of the names of all members of the applicant organization who will operate and staff bingo games, and the date they became members;

• (4) A detailed schedule of the date(s), hours, location(s) and occupancy capacity of the prospective location(s) where each bingo game is to be held;

• (5) A detailed description of the record system to account for the receipts, prizes, expenses and profits of each bingo game;

• (6) The location and signatories of the special bank account(s) required by this section;

• (7) The specific charitable purpose(s) which the bingo proceeds will benefit;

• (8) Whether the maximum number of players at any time will be more than one hundred;

• (9) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this section as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked upon violation of any such provisions;

• (10) The address to which notice, when required, is to be sent or mailed, and the names of any individual or individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the licensee;

• (11) The signatures of at least two officers, including the presiding officer of the eligible organization;

• (12) Any other information that the Director deems necessary.

• (b) Fees Required. The fee for a business license to operate bingo games shall be in the amount set forth in Section 5.04.130 but shall not exceed $50 annually for an initial license or a renewal. If an application for a license is denied, one-half of any license fee paid shall be refunded.

• (c) Contents of License. A business license to operate bingo games shall include the following information:

  • (1) The name and nature of the organization to whom the license is issued;

  • (2) The address(es) or location(s) of the place(s) where bingo games are authorized to be conducted. No more than two such locations shall be authorized;

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

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.24.020

§ 5.24.030

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.

• (d) Notification of Changes in Application Information.

  • (1) The licensee shall notify the Director in writing of the change of any fact set forth in the licensee's application within five days.

  • (2) The licensee shall notify the Director of any changes in the list of members who will operate and staff bingo games.

  • (3) Any notification required by subsections (d)(1) and (d)(2) of this section shall be made in writing and served upon the Director in one of the following methods:

    • (i) Personal delivery at least three days prior to the operation of any game. The licensee shall obtain a receipt proving such delivery; or

    • (ii) Transmittal of such changes by certified mail bearing a post date at least five days prior to the operation of any game.

(4) The licensee shall retain in his or her records proof of service of the notifications required by subsections (d)(1) and (d)(2) of this section. (Prior code § 6344(b); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 18, 19, 1995; Ord. 08-800 § 2, 2008)

1. Games Open to Public. All bingo games conducted in the City of West Hollywood shall be open to all members of the public.

2. Hours of Operation. Each license granted pursuant to this chapter shall allow the licensee to operate bingo games for only one day during each week. Bingo games shall not be conducted for more than six hours out of the twenty-four-hour period of each day. No bingo game shall be conducted before 10:00 a.m. nor after 2:00 a.m. of any day.

3. Participants Must be Present to Play. 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.

4. Use of Credit Prohibited. No licensee shall issue chips or money to a patron on credit or loan (including but not limited to IOU's and checks to be held) or allow any patron to play on credit.

5. No Admission Fees. No admission fee, purchase or donation shall be required for entry onto the premises where the bingo game is conducted.

6. Location Restrictions.

   • (a) A licensee shall conduct a bingo game only on property owned, rented or leased by it,

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City of West Hollywood, CA § 5.24.030

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§ 5.24.030

or property whose use is donated to the organization, 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 chapter shall be construed to require that the property owned, rented or leased by the organization be used or leased exclusively by such organization. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only at the address(es) which is/are stated in the application.

• (b) The owner of a specific facility rented, leased or donated to one or more eligible organizations shall not allow use of the facility for bingo games for more than one day per week per eligible organization and in no event more than a combined total of three days per week.

7. Occupancy Limit. 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 games are conducted, as determined by the Fire Department and Building and Safety Division in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person.

8. License and Rules to be Posted. Before conducting a bingo game, the licensee shall post its business license to operate the bingo game in a conspicuous place at the public entrance to the property on which the game is to be conducted. The licensee shall produce and exhibit the same when applying for a renewal thereof, and whenever requested to do so by any officer authorized to issue, inspect or collect licenses or authorized to enforce the provisions of this chapter or the West Hollywood Municipal Code. The licensee shall also post the costs, prizes and rules of each game to be played adjacent to the license during the conduct of the bingo game.

roduce and exhibit the same when applying for a renewal thereof, and whenever requested to do so by any officer authorized to issue, inspect or collect licenses or authorized to enforce the provisions of this chapter or the West Hollywood Municipal Code. The licensee shall also post the costs, prizes and rules of each game to be played adjacent to the license during the conduct of the bingo game.

9. List of Members Operating and Staffing Games. The licensee shall have available on the premises the list of members operating and staffing the game at all times during the conduct of games. In the event the list is different than the list originally submitted with the licensee's application for a license, proof of service of the revised list shall be attached to the current list.

10. Alcoholic Beverages Prohibited. Alcoholic beverages shall not be served or consumed on the premises at which bingo games are conducted during the hours of operation of a bingo game. No person who is intoxicated shall be allowed to participate in a bingo game.

11. Minors Not to Participate. No person under the age of eighteen years of age shall be allowed to participate in any bingo game.

12. Enforcement. The city, by and through its authorized personnel, may conduct an examination or inspection of any premises in which bingo games are conducted at any reasonable time for the purpose of determining whether the licensee is complying with all of the provisions of this chapter and all other applicable statutes, ordinances, rules and regulations affecting the licensee or the business activity.

13. Operation by Licensee.

• (a) A bingo game shall be operated, managed, staffed and advertised only by members of the licensee organization. Such members shall not receive a profit, wage or salary, or any other direct or indirect consideration from any bingo game except security

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.24.030

§ 5.24.040

personnel who are not members of the organization and may be paid by revenues pursuant to subdivision (1)(c)(2) of Section 5.24.040.

• (b) All staff members of bingo games shall wear on their outside clothing an identification insignia or badge not less than two inches by three inches in dimension, indicating the name and title of the staff member.

14. Bingo Game Operators.

• (a) Every person employed by an eligible organization to operate bingo games shall apply for a bingo operator's license with the Director upon a form provided by the city. The employee shall not be required to pay a license fee in addition to that required of the employer. No person shall operate a bingo game on behalf or a licensed eligible organization until such application has been approved pursuant to the agency review prescribed by Section 5.08.060.

• (b) The application for a bingo operator shall contain the following information:

  • (1) The applicant's name, address and phone number;

  • (2) Photographic identification and fingerprints of the applicant;

• (3) A record of the applicant's employment history for the last three years; and

  • (4) The name of the eligible organization by which he or she has been employed to operate bingo games.

(Prior code § 6344(c); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 18, 19, 1995)

1. Proceeds.

   • (a) The proceeds derived from the operation of a bingo game shall be used only for charitable purposes.

   • (b) Organizations exempt from the payment of bank and corporation tax pursuant to Section 23701d of the state Revenue and Taxation Code shall keep all profits derived from a bingo game in a separate fund or account which shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes.

   • (c) All other eligible organizations authorized to conduct bingo games pursuant to this chapter shall keep all proceeds derived from a bingo game in a special fund or account which 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 at authorized bingo games;

     • (2) A portion of such proceeds, not to exceed ten percent of the proceeds after the deduction of prizes, or $1,000 per month, whichever is less, may be used for rental of property, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

   • (d) All proceeds derived from any bingo game shall be deposited in a special account as required by this chapter, within twenty-four hours of the completion of the bingo

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City of West Hollywood, CA § 5.24.040

WEST HOLLYWOOD CODE

§ 5.24.050

game and shall not be commingled with any other account or funds.

• (e) Prizes Awarded.

  • (1) The total value of prizes awarded during the conduct of any bingo game shall not exceed $250 in cash or kind, or both, for each separate game which is held. All monetary or cash prizes shall be paid in the form of a check drawn on a financial institution.

  • (2) The licensee shall keep a record, on a form approved by the Director, showing the name and written signature, the address, the telephone number of the winner, and the consecutive serial number on the receipt for the prize.

2. Inspection of Records.

   • (a) The licensee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, or supervision of bingo games which are authorized by this chapter. The city, by and through its authorized personnel, may examine and audit such records at any reasonable time, and the licensee shall fully cooperate with the city by making such records available. Such examination may consist of, but is not limited to, the actual counting or examination of players, bingo cards, and equipment, records and funds.

   • (b) The Business License Commission may demand a complete detailed accounting of all income and expenses at any time for good cause. If the licensee fails to render such an accounting within the time limit set by the Commission, the bingo license shall be temporarily suspended until such accounting is rendered.

(Prior code § 6344(d); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 18, 19, 1995)

1. Terms of Bond. Every applicant eligible organization shall, as a condition of the issuance of a bingo license, maintain a bond, in the sum of $5,000, with the Director, running to the city for the use and benefit of interested persons and parties, executed by the applicant eligible organization and a surety company authorized to do business in the state of California.

In lieu of such bond, the applicant eligible organization may assign to the city savings and loan certificates or a cashier's check totaling $5,000.

The bond or assignment shall be required to ensure strict compliance by the applicant eligible organization, with the provisions of this chapter and any other applicable statutes, rules, regulations or ordinances and to ensure the repayment of any direct pecuniary loss sustained through any act of grand or petty theft or any other wrongful act on the part of any principal, employee or operator of any bingo game.

2. Action Upon the Bond. Any person who sustains any injury covered by the bond described in this section may, in addition to any other remedy which that person may have, bring an action in his or her own name upon the bond for the recovery of any damage sustained. The bond shall continue in effect and may be sued upon from time to time until the whole of the penalty shall be exhausted. The Business License Commission may require the filing of a new bond, as provided for in this section. Upon failure to file a new bond within ten days,

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City of West Hollywood, CA

§ 5.24.050 BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.24.050

the Business License Commission shall forthwith suspend the bingo license and any related bingo operator licenses.

3. Action On the Assignment. In lieu of a bond, an applicant assigns to the city savings and loan certificates or a cashier's check, the applicant shall agree in writing that if the Business License Commission finds that any person sustains any pecuniary loss through any act of grand or petty theft or other wrongful act on the part of the eligible organization, employee or bingo operator, the city may redeem a sufficient number of such certificates or may deposit the cashier's check and, from the proceeds, reimburse such person for loss sustained. The Business License Commission may require the assignment of additional funds as provided in this chapter. Upon failure to make such assignment within ten days, the Commission shall suspend the bingo license and any related bingo operator licenses.

(Prior code § 6344(e); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 18, 19, 1995; Ord. 08-800 § 2, 2008)

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.28.010

§ 5.28.020