Yuba City Municipal Code Ch. 17 Bingo Games

Pursuant to the authority provided in Section 19(c) Article 4 of the California State Constitution and Penal Code § 326.5, the City of Yuba City establishes the following requirements for the conduct of bingo games by organizations of the type described in Penal Code § 326.5.

(§ 1, Ord. 903, eff. June 14, 1982)

As used in this chapter, the term "bingo" shall have the meaning ascribed to that term in Penal Code § 326.5.

(§ 1, Ord. 903, eff. June 14, 1982)

Upon the issuance of a permit under the provisions of this chapter, any organization of a type described in Penal Code § 326.5 shall be entitled to conduct bingo games within the City of Yuba City.

(§ 1, Ord. 903, eff. June 14, 1982)

Any bingo game conducted pursuant to a permit issued under the provisions of this chapter, shall be held in strict accordance with the provisions of Penal Code § 326.5.

(§ 1, Ord. 903, eff. June 14, 1982)

Any bingo game conducted under the provisions of this chapter shall be conducted only during the hours from 8:00 a.m. to 12:00 a.m.

(§ 1, Ord. 903, eff. June 14, 1982)

No person or organization shall conduct a bingo game within the City of Yuba City without first obtaining a permit to do so from the Chief of Police.

(§ 1, Ord. 903, eff. June 14, 1982)

Written application for a permit to conduct a bingo game under the provisions of this chapter shall be made under penalty of perjury and shall be filed with the Chief of Police. Such application shall contain:

(1) The name of the organization desiring to obtain such permit and the names and addresses of all officers of the organization;

(2) The days and hours of operation of any bingo game;

(3) Copies of certificates of letters evidencing the exempt status of the organization and its entitlement to conduct bingo games under the provisions of this chapter;

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

(5) A statement whether the applicant is the owner or lessee of the property on which the bingo games shall be conducted or whether the use of such property was donated to the organization;

(6) The name of each person, individual, corporation, partnership or other legal entity which has a financial interest in the conduct of the bingo game;

(7) The name of the person responsible for the actual operation of the bingo game.

(§ 1, Ord. 903, eff. June 14, 1982)

The Chief of Police shall have the authority to make such investigation as he or she deems necessary to determine whether the applicant or the operator of the proposed bingo game has been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude. If it is determined that the applicant or any person who will operate such bingo game has been convicted of such crime within the past five years, the Chief of Police may refuse to issue a permit hereunder. In addition, the Chief of Police may refuse to issue a permit hereunder if the Chief determines that the operation of the bingo game by the organization would violate any provision of this chapter or of Penal Code § 326.5 or any other provision of law.

(§ 1, Ord. 903, eff. June 14, 1982)

If a permit is approved hereunder, the Chief of Police may include such conditions and restrictions as the Chief of Police deems to be reasonable and necessary to insure compliance with the purposes and intent of this chapter.

(§ 1, Ord. 903, eff. June 14, 1982)

The permittee shall immediately report to the Chief of Police any change in the nature of the organization or in the staff operating or assisting in the operation of any bingo game for which a permit has been issued hereunder. Upon receiving notice of any such change, the Chief of Police may conduct such investigation as he or she deems appropriate under the circumstances to insure that there is no violation of the provisions of this chapter or the provisions of Penal Code § 326.5.

(§ 1, Ord. 903, eff. June 14, 1982)

Fees for the issuance of a permit hereunder shall be established in Section 3-8.4 of the Yuba City Municipal Code.

(§ 1, Ord. 903, eff. June 14, 1982; § 5, Ord. 26-92, eff. November 5, 1992)

Any permit granted under the terms of this chapter shall be for two years unless a shorter term is specified in the permit when issued by the Chief of Police. Upon expiration of any permit issued under the provisions of this chapter, written application for renewal of such permit shall be made to the Chief of Police at least 30 days prior to the expiration date.

(§ 1, Ord. 903, eff. June 14, 1982)

Permits issued under the provisions of this chapter shall not be transferable either as to permittee or location. Any attempt to transfer shall render the permit invalid.

(§ 1, Ord. 903, eff. June 14, 1982)

Any permit issued under the provisions of this chapter may be suspended or revoked by the Chief of Police if the conduct of such bingo game is in violation of any provision of this chapter or any provision of Penal Code § 326.5 or as otherwise injurious to the health, safety and morals of the people of the City of Yuba City.

(§ 1, Ord. 903, eff. June 14, 1982)

The permittee shall be given prompt notice of any revocation of suspension of any permit issued hereunder and shall immediately desist from conducting or operating the bingo game. Such notice shall fix a time and place not less than five days, no more than 30 days after service thereof at which time the holder of said permit may appear before the City Council to appeal from the revocation or suspension by the Chief of Police. Termination by the City Council shall be final. Any organization whose permit is revoked after such hearing may not apply for a new permit to conduct bingo games in the City of Yuba City for a period of one year from the date of such revocation or cancellation of the exemption granted to such organization under the provisions of Revenue and Taxation Code § 23701(d), or other provision of law, such organization may apply for reissuance of a permit upon proof of reinstatement of said exemption.

(§ 1, Ord. 903, eff. June 14, 1982)

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

(§ 1, Ord. 903, eff. June 14, 1982)

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

(§ 1, Ord. 903, eff. June 14, 1982)

A bingo game shall be operated and staffed only by members of the nonprofit charitable organization which organized it. Only an organization authorized to conduct a bingo game by permit pursuant to this chapter shall operate such game or engage in promotion, supervision or any other phase of such game.

(§ 1, Ord. 903, eff. June 14, 1982)

No person or agent of such person shall receive profit, wage, salary or other income from any bingo game authorized by this chapter except as a bona fide prize received as a participant in such bingo game.

(§ 1, Ord. 903, eff. June 14, 1982)

Any organization of a type described in Penal Code § 326.5 shall conduct a bingo game only on property owned and leased by it and which property is used by such organization solely for an officer for performance of the purposes for which the organization is organized.

(§ 1, Ord. 903, eff. June 14, 1982)

All profit derived from the bingo games shall be kept in a special fund or account and shall not be commingled with any other fund or account. Full and accurate records of income and expenses received and disbursed in connection with bingo game operations, conduct, promotions, supervision or any other phase of bingo games which are authorized by this chapter, shall be kept by the permittee. City, by and through its authorized officers, shall have the right to examine and audit any such records at reasonable times and places. Said records shall be retained for such period of time as required by State and federal law and for a period of no less than three years for the purposes of this chapter.

(§ 1, Ord. 903, eff. June 14, 1982)

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.

(§ 1, Ord. 903, eff. June 14, 1982)

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

(§ 1, Ord. 903, eff. June 14, 1982)

The City may bring an action in a court of competent jurisdiction to enjoin any violation of the provisions of this chapter or the provisions of Penal Code § 326.5.

(§ 1, Ord. 903, eff. June 14, 1982)