Yolo County Municipal Code Ch. 16 Bingo

Notwithstanding any other provision of this chapter, this chapter is adopted pursuant to the provisions of Section 19 of Article IV of the Constitution of the State and Section 326.5 of the Penal Code of the State in order to make the game of bingo lawful under the terms and conditions of this chapter. (§ 1, Ord. 769, eff. January 27, 1977)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) “Bingo” shall mean 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.

(b) “Authorized organization” shall mean an organization 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 of the State, a mobile home park association, or a senior citizens organization.

(c) “Minor” shall mean any person under the age of eighteen (18) years.

(d) “Renewal license” shall mean a license issued pursuant to this chapter within six (6) months after the expiration of the term of an earlier license issued pursuant to this chapter to the same applicant organization.

(e) “Initial license” shall mean any license issued pursuant to this chapter which is not a renewal license. (§ 1, Ord. 769, eff. January 27, 1977, as amended by § 1, Ord. 993, eff. December 20, 1984)

It shall be unlawful for any person to conduct any bingo game in the unincorporated area of the County unless such person is an authorized organization and holds a valid, unexpired, unrevoked license issued in accordance with this chapter. Notwithstanding the foregoing provisions of this section, a senior citizens organization or mobile home park association which conducts bingo games which have twenty-five (25) or fewer participants and which do not generate any net proceeds shall not be required to obtain a license in accordance with this chapter. (§ 1, Ord. 769, eff. January 27, 1977, as amended by § 2, Ord. 993, eff. December 20, 1984, and § 1, Ord. 1000, eff. March 14, 1985)

Applications for bingo licenses shall be made to the Sheriff-Coroner on forms prescribed by him and shall be filed not less than thirty (30) days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at least the following:

(a) The name of the applicant and a statement that the applicant is an authorized organization;

(b) The name and address of at least two (2) officers, including the presiding officer, of the applicant organization;

(c) The particular property within the unincorporated territory of the County, including the street number, owned or leased by the applicant for an office or for the performance of the purposes for which the applicant is organized on which bingo games are to be conducted, together with the occupancy capacity of such place;

(d) Whether the premises used for bingo are leased or owned by the applicant;

(e) The proposed day of the week and hours of the day for the conduct of bingo games; and

(f) A list of all officers and directors of the applicant and of the person or persons designated by the applicant as being responsible for the operation of bingo games, including for each the full name, date of birth, place of birth, physical description, and driver’s license number.

The application shall be accompanied by a certificate of determination of exemption under Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, or 23701l of the Revenue and Taxation Code of the State or a letter of good standing, either issued by the Exemption Division of the Franchise Tax Board of the State, showing an exemption under one of said sections, or by satisfactory proof that the applicant is a mobile home park association or a senior citizens organization, as applicable.

The application shall be accompanied by a certificate of the Fire Chief of the agency with fire suppression and prevention responsibility for the premises to be used for bingo games that the premises comply with all the laws, ordinances, rules, or regulations of such agency. Such certificate shall include any terms and conditions necessary to maintain such compliance.

(g) Each person who will be responsible for the operation of bingo games for an applicant shall be fingerprinted by the Sheriff-Coroner, and the applicant shall pay to the Sheriff-Coroner such fees as may be required by the Sheriff-Coroner to make a background check based upon such fingerprints.

If, after a license has been issued, an additional person or persons become responsible for the operation of a licensee’s bingo games, such additional person or persons shall be fingerprinted by the Sheriff-Coroner, and the licensee shall pay to the Sheriff-Coroner such fees as may be required by the Sheriff-Coroner to make a background check based on such fingerprints. (§ 1, Ord. 769, eff. January 27,1977, as amended by § 3, Ord. 953, eff. July 1, 1983, and § 3, Ord. 993, eff. December 20, 1984)

(a) The initial application fee for a bingo license shall be Fifty and no/100ths ($50.00) Dollars. For an authorized organization which does not award cash prizes in bingo games and does not charge a cash entry fee to play, the fee shall be Twenty-Five and no/100ths ($25.00) Dollars. The license fee shall accompany the application and shall be nonrefundable.

(b) There shall be no fee for the renewal of a license if the renewal application is submitted prior to the expiration of the preceding license. If the preceding license has expired, the fee shall be Fifty and no/100ths ($50.00) Dollars.

(c) Each licensee shall pay, in addition to the fee required by subsection (a)of this section, a fee of one percent of the monthly gross receipts over Five Thousand and no/100ths ($5,000.00) Dollars derived from bingo games. Such fee shall be paid within thirty (30) days following the close of each calendar month to the Sheriff-Coroner and shall be accompanied by a copy of the monthly report provided for in subsection (m)of section 5-16.09 of this chapter. (§ 1, Ord. 769, eff. January 27, 1977, as amended by § 1, Ord. 874, eff. May 8, 1980, § 4, Ord. 953, eff. July 1, 1983, § 4, Ord. 993, eff. December 20, 1984, and § 2, Ord. 1000, eff. March 14, 1985)

(a) Upon the receipt of an application and fee, the Sheriff-Coroner shall send copies of such application to any office or department which he deems essential in order to carry out a proper investigation of the applicant.

(b) The Sheriff-Coroner and every officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application and the character of the applicant and may examine the premises to be used for a bingo game.

(c) Upon the approval of an application for a bingo license, the Sheriff-Coroner shall issue the license. (§ 1, Ord. 769, eff. January 27, 1977, as amended by § 5, Ord. 953, eff. July 1, 1983)

The term of all bingo licenses issued pursuant to this chapter shall expire on July 1 of each year. (§ 1, Ord. 769, eff. January 27, 1977, as amended by § 3, Ord. 1000, eff. March 14, 1985)

Each license issued pursuant to the provisions of this chapter shall be used by a specific authorized organization to conduct a bingo game at a specific location and shall in no event be transferred from one organization to another or from one location to another. (§ 1, Ord. 769, eff. January 27, 1977, as amended by § 5, Ord. 993, eff. December 20, 1984)

(a) An authorized organization shall conduct a bingo game only on property both owned or leased by it, or on property whose use is donated to the organization, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized.

(a-1) No authorized organization shall conduct bingo games in excess of the following time limits:

(1) Weekly maximum. No authorized organization shall conduct bingo games at any one location in excess of four (4) hours per week.

(2) More frequent operators. No authorized organization conducting bingo games more frequently than set forth in subsection (3) of this subsection shall conduct a bingo game for more than one hour for each ten (10) hours of service by its volunteers or employees at that property to run the office or for the performance of the purposes for which the organization is organized (exclusive of conducting bingo games). The hours of service shall be within the same calendar month in which the bingo game is conducted.

(3) Less frequent operators. Notwithstanding the provisions of subsection (2) of this subsection, if:

(i) An authorized organization conducts no more than four (4) bingo games per year; and

(ii) The property owned or leased by it or whose use is donated to the organization will be the location of no more than three (3) bingo games conducted within the same calendar week by any operator, the authorized organization may conduct a bingo game for no more than two (2) hours for each ten (10) hours of service by its volunteers or employees at that property to run the office or for the performance of the purposes for which the organization is organized (exclusive of conducting bingo games). The hours of service shall be within the same calendar month in which the bingo game is conducted. No such authorized organization shall conduct bingo games in excess of such limit.

(4) Sole location. Notwithstanding the provisions of subsection (3) of this subsection, an authorized organization which conducts a bingo game only on property which is also the sole location used by it for an office or for the performance of the purposes for which it is organized may conduct bingo games for up to four (4) hours per week.

(5) Additional hours. Notwithstanding the limit set forth in subsection (1) of this subsection, once per each calendar year the Sheriff-Coroner may permit a licensee who is a more frequent operator to conduct bingo games for additional time up to four (4) hours; provided, however, such permission shall be limited to bingo games.

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

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

(d) A bingo game shall be operated and staffed only by the members of the authorized organization which organized it. Such members shall be approved by the Sheriff-Coroner and shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision, or any other phase of such game. This subsection shall not preclude the employment of security personnel who are not members of the authorized organization at such bingo games by the organization conducting the games. No person who has been convicted of any crime involving fraud or theft shall participate in the operation of a bingo game.

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

(f) With respect to organizations exempt from the payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code of the State, 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.

(f-1) With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds 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. For the purposes of this subsection, “proceeds” shall mean the receipts of bingo games conducted by organizations not coming within the provisions of subsection (f)of this section. 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 twenty (20%) percent of the proceeds before the deduction for prizes, or One Thousand and no/100ths ($1,000.00) Dollars per month, whichever is less, may be used for the rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

(3) Such proceeds may be used to pay license fees.

(g) 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.

(h) The total value of the prizes awarded during the conduct of any bingo game shall not exceed Two Hundred Fifty and no/100ths ($250.00) Dollars in cash or kind, or both, for each separate game which is held.

(i) No bingo game shall be conducted between the hours of midnight and 8:00 a.m.

(j) The licensee shall report to the Sheriff-Coroner in writing each change in officers or directors and shall furnish in writing such information as to each new officer or director as is required of officers or directors in a license application.

(k) No intoxicated person shall be allowed to participate in a bingo game.

(l) No alcoholic beverages shall be served or consumed on the premises on which a bingo game is conducted.

(m) Within thirty (30) days following the close of each calendar month, the licensee shall file with the Sheriff-Coroner a report, on forms prescribed by the Sheriff-Coroner, setting forth all moneys collected from games held during the month, all moneys deposited in connection therewith, the moneys remaining for charitable purposes, the number of hours per week bingo games were conducted, and the number of hours of service per week by its volunteers or employees at the location where bingo games were conducted, exclusive of conducting bingo games.

(n) No bingo game shall be conducted unless a person designated as responsible for operating the game is present physically on the premises at all times at the time and place in which the bingo game is being operated.

(o) The licensee shall report to the Sheriff-Coroner in writing each change in designation of such information as to each new responsible person as required of responsible persons in a license application. (§ 1, Ord. 769, eff. January 27, 1977, as amended by §§ 6, 7, 8, 9, 10, 11, and 12, Ord. 993, eff. December 20, 1984)

Any peace officer of the County shall have free access to any bingo game licensed pursuant to this chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game. (§ 1, Ord. 769, eff. January 27, 1977)

(a) Grounds. The Sheriff-Coroner may deny an application for a bingo license or suspend or revoke a bingo license if he finds the applicant or licensee, or any agent or representative thereof, has:

(1) Knowingly made any false, misleading, or fraudulent statement of a material fact in the application or in any record or report required to be filed pursuant to this chapter; or

(2) Violated any of the provisions of this chapter.

(b) Procedure. If, after an investigation, the Sheriff-Coroner determines that a bingo license should be suspended or revoked or an application for such license denied, he shall prepare a notice of suspension, revocation, or denial of the application, setting forth the reasons for such suspension, revocation, or denial of the application. Such notice shall be sent by certified mail to the applicant’s last address provided in the application or be personally delivered. Any person who has had an application for a bingo license denied by the Sheriff-Coroner, or who has had a bingo license suspended or revoked by the Sheriff-Coroner, may appeal the decision of the Sheriff-Coroner in the manner provided in this chapter. (§ 1, Ord. 769, eff. January 27, 1977)

Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section.

(a) Within fifteen (15) calendar days after the date of any denial, suspension, revocation, or other decision of the Sheriff-Coroner, an aggrieved party may appeal such action by filing with the Clerk of the Board a written appeal briefly setting forth the reasons why such denial, suspension, revocation, or other decision is not proper.

(b) Upon the receipt of such written appeal, the Clerk of the Board shall cause the appeal to be set for a hearing before the Board. At least one week prior to the date of the hearing on the appeal, the Clerk of the Board shall notify the appellant and Sheriff-Coroner of the date and place of the hearing. At such hearing, the Sheriff-Coroner and the appellant may present evidence relevant to the denial, suspension, revocation, or other decision of the Sheriff-Coroner.

(c) At the conclusion of the hearing, the Board may uphold the denial, suspension, revocation, or other decision of the Sheriff-Coroner, or the Board may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other decision of the Sheriff-Coroner which is the subject of the appeal. (§ 1, Ord. 769, eff. January 27, 1977)

(a) It shall be unlawful for any person to receive a profit, wage, or salary from any bingo game authorized by this chapter.

(b) Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed Five Hundred and no/100ths ($500.00) Dollars, or by imprisonment in the County Jail for a period of not more than six (6) months, or both such fine and imprisonment.

All sanctions provided in this chapter shall be cumulative and not exclusive. (§ 1, Ord. 769, eff. January 27, 1977)

If any provision, clause, sentence, or paragraph of this chapter, or the application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are hereby declared to be severable. (§ 1, Ord. 769, eff. January 27, 1977)