Yorba Linda Municipal Code Art. 2 Bingo Games for Charity

No person shall conduct a bingo game within the city without first having complied with this chapter.

(Prior code § 15-7; Ord. 90-644 § 1; Ord. 2009-0933, § 1; Ord. 2017-1043, § 3; Ord. 2020-1082, § 2)

As used in this section:

"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 and 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. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." It is the intention of the city council that bingo as defined in this section applies exclusively to this chapter and shall not be applied in the construction or enforcement of any other provision of the law.

(Prior code § 15-7; Ord. 90-644 § 1; Ord. 2009-0933, § 1)

A. Bingo games conducted pursuant to Section 9.12.080 shall be subject to the following conditions:

1. Only those organizations exempt from payment of the Bank and Corporation Tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), 23701(k), 23701(w) and 23701(l) of the Revenue and Tax Code and by mobile home park associations and senior citizens organizations and charitable organizations affiliated with a school district; and provided that the proceeds of such games are used only for charitable purposes may conduct bingo games.

2. An organization authorized to conduct bingo games pursuant to subsection A-1 of this section shall conduct a bingo game only on property owned and leased by it or property whose use is donated to the organization and which property is used by the organization for an office or for performance of the purposes for which the organization is organized. Nothing in this subdivision shall be construed to require that the property owned or leased by or whose use is donated to the organization be used or leased exclusively by the organization.

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

4. A bingo game shall be operated and staffed only by members of the authorized organization which organized it. The members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate the game, or participate in the promotion, supervision or any other phase of the game. This subdivision does not preclude the employment of security personnel who are not members of the authorized organization at such bingo games by the organization conducting the game.

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

6. With respect to the organizations exempt from payment of the 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. The profits shall be used only for charitable purposes. 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. Proceeds are the receipts of bingo games conducted by organizations not within the first sentence of this subsection. Such proceeds shall only be used for charitable purposes, except as follows:

a. The proceeds may be used for prizes.

b. A portion of the proceeds, not to exceed 20% of the proceeds before the deduction for prizes, or $2,000.00 per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, and administrative expenses, security equipment, and security personnel.

c. The proceeds may be used to pay license fees.

d. If the monthly gross receipts from bingo games of an organization within this subdivision exceed $5,000.00, five percent of the proceeds shall be used only for charitable purposes not relating to the conducting of bingo games.

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

f. No person shall be able to participate in the bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.

g. The total value of prizes awarded during the conduct of any bingo games shall not exceed $500.00 in cash and kind, or both, for each separate game which is held.

h. It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games as provided in subdivision 6.

B. A violation of subsection (A)(10) of this section shall constitute a violation of Penal Code Section 326.5 and shall be punishable by a fine not to exceed $10,000.00, which fine shall be deposited in the general fund of the City. A violation of any provision of this section other than subsection (A)(10) is a misdemeanor.

(Prior code § 15-7; Ord. 90-644 § 1; Ord. 2009-0933, § 1; Ord. 2017-1035, § 2; Ord. 2020-1082, § 3)

The city may bring an action to enjoin a violation of this chapter.

(Prior code § 15-7; Ord. 90-644 § 1; Ord. 2009-0933, § 19)