Westminster Municipal Code Ch. 5.36 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.

(Prior code § 3553.10)

Notwithstanding any other provision of Chapter 9.12, bingo games, as that term is defined by Section 326.5 of the California Penal Code, shall be permitted in the city; provided, that said games are licensed pursuant to the provisions of said license, this chapter, and all applicable provisions of state law.

(Prior code § 3553)

The following organizations are eligible to apply to the city for a license to conduct bingo games, if the receipts of those games are used only for charitable purposes, in the city under the provisions of Section 326.5 of the Penal Code, or any successor provisions, and the provisions of this chapter:

A. Organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the Revenue and Taxation Code, or any successor provisions;

B. Mobilehome park associations and senior citizens organizations.

(Ord. 2362 § 19, 2003)

Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application therefor, in writing, in the office of the license collector, on a form to be provided by the license collector. The issuing authority shall be the city manager.

(Prior code § 3553.2; Ord. 2362 § 2, 2003)

No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.36.030, and its application conforms to the requirements, terms and conditions, and this chapter.

(Prior code § 3553.3)

A. The application for a license shall contain the following:

1. The name of the applicant organization, and a statement that applicant is an eligible organization under Section 5.36.030;

2. The name and signature of at least two officers, including the presiding officer, of the corporation or community chest, and the trustee of any trust;

3. The particular property within the city, 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, with the occupancy capacity of such place;

4. Proposed days of week or 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 they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the city manager upon violation of any such provisions;

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

C. The license fee fixed by the city council by resolution shall accompany the application.

D. The applicant shall also submit, with its application, a Certificate or Determination of Exemption under Section 23701d of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing exemption under said Section 23701d.

E. The applicant shall also submit an application for a police permit pursuant to the requirements of this article.

(Prior code § 3553.4; Ord. 2362 § 2, 2003)

Upon receipt of the completed application and the fee, the finance director shall refer the same to interested departments of the city including, but not limited to, the city manager, the police department, 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.

(Prior code § 3553.5; Ord. 2362 § 2, 2003)

Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the city and upon issuance of a police permit under the provisions of this article, the city manager shall issue a license to said applicant, which shall contain the following information:

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

B. The address where bingo games are authorized to be conducted;

C. The occupancy capacity of the room in which bingo games are to be conducted;

D. The date of the expiration of such license;

E. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter;

F. The city manager may attach such conditions to the issuance of said license as may be necessary to preserve and protect the public health, safety and welfare.

(Prior code § 3553.6; Ord. 2362 § 2, 2003)

A. Whenever it appears to the city manager or the police chief that the licensee is conducting a bingo game in violation of any of the provisions of this chapter or any condition attached to a license issued under this chapter, the city manager or the police chief shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.

B. Any person who continues to conduct a bingo game after any summary suspension thereof under subsection A shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in jail for a period not exceeding six months, or by both such fine and imprisonment.

C. The order issued under subsection A shall also notify the licensee that it shall have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the city manager within the five-day period shall result in revocation of the license.

D. Upon request by the licensee whose license has been suspended under subsection A for a hearing to determine whether such license shall be revoked, the city manager shall provide such hearing within ten days after receipt of such request, at which hearing the suspended licensee may appear before the city manager for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given, at least five days before the hearing thereof, by depositing in the United States mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation.

E. 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 city manager.

(Prior code § 3553.7; Ord. 2362 § 2, 2003)

A. Whenever it appears to the city manager or the police chief that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered under Section 5.36.090, the license may be revoked; provided, however, that 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 revoked. No license shall be revoked under this section unless written notice shall have first been given, at least five 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 grounds advanced as the basis of the revocation.

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 city manager.

(Prior code § 3553.8; Ord. 2362 § 2, 2003)

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 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 finally revoked may not again apply for a license to conduct bingo games in the city; provided, however, that if the ground for revocation is cancellation of the exemption granted under Section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

(Prior code § 3553.9)

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

(Prior code § 3553.11)

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, supervision, 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 records at any reasonable time, and the licensee shall fully cooperate with the city by making such records available.

(Prior code § 3553.12)

No individual, corporation, partnership, or other person or entity except the licensee shall hold a financial interest in the conduct of such bingo games.

(Prior code § 3553.13)

A bingo game shall be operated and staffed only by members of the licensed organization. Such members shall not receive a profit, wage or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision, or any other phase of such game.

(Prior code § 3553.14)

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

(Prior code § 3553.15)

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 division of the city, in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.

(Prior code § 3553.16)

A licensee shall conduct a bingo game only on property owned or leased by it, 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. In the event the described property ceases to be used for the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. A special permit may be issued by the city council to a charitable organization to conduct a bingo game off premises as a special event. No more than one permit per year shall be issued to any one charitable organization for off premises operation of a bingo game. No off premises bingo permit shall be issued for the same off premises location more than once per year.

(Prior code § 3553.17; Ord. 2091 § 1, 1988)

No person under the age of eighteen years shall be allowed to participate in any bingo game.

(Prior code § 3553.18)

No person who is obviously intoxicated shall be allowed to participate in a bingo game.

(Prior code § 3553.19)

No licensee shall conduct any bingo game more than six hours out of any twenty-four-hour period. No bingo game shall be conducted before ten a.m. or after two a.m. of any day. No licensee shall conduct any bingo game more than one day per week. When special events are sponsored by any licensee, upon application to the city council, a special permit for licensee may be issued to conduct a bingo game for not to exceed three consecutive days for any one special event.

(Prior code § 3553.20; Ord. 1833 § 1, 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.

(Prior code § 3553.21)

It is a misdemeanor under Section 326.5(b) of the Penal Code of the state for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city.

(Prior code § 3553.22)

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 § 3553.23)