Yuba County Municipal Code Ch. 8.60 Bingo

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State Law reference— Lotteries, Penal Code § 319 et seq.; local regulation of bingo, Penal Code § 326.5.

Pursuant to the authority of Penal Code § 326.5, the County of Yuba authorizes the conduct of bingo games as provided in this Chapter for the benefit of organizations exempt from the payment of bank and corporation tax by Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l and by mobile home parks associations and senior citizens organizations; and provided that the receipts of such games are used only for charitable purposes. This Chapter is enacted under Section 19 of Article IV of the California State Constitution.

(Prior Code, § 8.60.010; Ord. No. 900; Ord. No. 1231)

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. The game of bingo includes cards having numbers or symbols that are concealed and pre-printed 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 pre-printed cards shall bear the legend, "For sale or use only in a bingo game authorized under California law and pursuant to local ordinance."

(Prior Code, § 8.60.020; Ord. No. 900; Ord. No. 1231)

• License; required; application; fee; issuance; suspension or revocation; transfer.

(a) No organization shall operate or conduct any bingo game without first having obtained from the County Treasurer/Tax Collector a bingo game operator license.

(b) Any eligible organization wishing to conduct any bingo game under the authority of this Chapter shall file an application for a license with the County Treasurer/Tax Collector on a form provided by the Treasurer/Tax Collector and shall pay a license fee, as provided for in Chapter 13.06 of this Code and as may be amended from time to time, upon submission of the application. If an application for a license is denied one-half of the license fee shall be refunded to the organization.

(c) The issuing authority shall be the Treasurer/Tax Collector. After filing of the application and payment of the applicable fee to the Treasurer/Tax Collector by the organization, the Treasurer/Tax Collector shall grant and issue an appropriate license under this Chapter upon verification by the Treasurer/Tax Collector that the organization is an eligible organization as described, and as intended, in Penal Code § 326.5 and in Section 8.60.010 of this Chapter. Such license shall be either granted or denied within 30 days of the filing of the application.

(d) The application for a license shall contain the following:

(1) The name of the applicant organization and a statement that the applicant is an eligible organization under Section 8.60.010.

(2) A description of the particular property within the County of Yuba, including the street number, donated to or owned or leased by the applicant and used by the applicant for an office or for performance of the purposes for which the applicant is organized on which property bingo games will be conducted, together with the occupancy capacity of such place.

(3) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Penal Code § 326.5 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 Sheriff or Treasurer/Tax Collector upon violation of this Chapter or other applicable law or regulation.

(4) The name and signature, under penalty of perjury, of at least two officers including the presiding officer of the organization, or by two members if it is a senior citizen organization with no officers.

(e) The annual license fee fixed by the Board of Supervisors shall accompany the application.

(f) The applicant shall also submit, with the application, a certificate for determination of exemption under the applicable sections of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the California Franchise Tax Board showing exemption under Revenue and Taxation Code § 23701d. If the applicant is a mobile home park association or a senior citizen organization, an officer or a member shall submit a declaration, signed under penalty of perjury, setting forth facts which show that the applicant is a mobile home park association or senior citizen organization.

(g) Subject to revocation or suspension, the license issued shall be for a term of one year from issuance. The license may be renewed annually upon application accompanied by an annual license fee as provided for in Chapter 13.06 hereof and as may be amended from time to time, an income and expense statement covering the previous license period and a list of the charities to which receipts from the bingo games were donated and the amounts of each donation. The list of charities shall include the names, addresses and telephone numbers of such charities. The income and expense statement shall be produced by utilizing a standard method of accounting acceptable to the Treasurer/Tax Collector. Applications for renewal shall be subject to all provisions of this Chapter.

(h) All licenses issued hereunder are nontransferable; however, a change of location of the bingo game may be permitted provided all ordinances and regulations of the County of Yuba are complied with and provided information regarding the change-of-location is provided to the Treasurer/Tax Collector not later than 30 days before the location is to change.

(Prior Code, § 8.60.030; Ord. No. 900; Ord. No. 1231)

Bingo games may be conducted by a licensed charitable organization pursuant to the authority of this Chapter only if all of the following conditions are met:

(1) No minors shall be allowed to participate in any such bingo game.

(2) The charitable organization shall conduct a bingo game only on property owned or leased by it, 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 Subsection 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 or donated exclusively to such organization. The game shall be operated and staffed only by members of the charitable organization which organized it and no such member shall receive a profit, wage or salary from any bingo game. No persons other than members of the charitable organization shall participate in any phase of the promotion or operation of the game and no person or organization other than the holder of the license shall hold any financial interest in the conduct of such a bingo game. Nothing in this Chapter shall preclude the employment of security personnel who are not members of the authorized organization at such bingo games by the organization conducting the game.

(3) It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized hereunder. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games as provided in this Chapter.

(4) A violation of Subsection (3) hereof shall be punishable by a fine not to exceed $10,000.00, which fine is to be deposited into the General Fund of the County. A violation of any provision of this Chapter, other than Subsection (3), is a misdemeanor.

(5) The County may bring an action to enjoin a violation of this Chapter to the extent such violation also constitutes a violation of Penal Code § 326.5. This remedy is cumulative to any and all other remedies which may be available.

(6) All bingo games permitted by this Chapter shall be open to the public, not just to the members of the licensee organization.

(7) With respect to organizations exempt from payment of the bank and corporation tax by Revenue and Taxation Code § 23701d, 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 the benefit of the licensed charitable organization.

(8) The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or kind, or both, for each separate game which is held.

(9) With respect to organizations authorized to conduct bingo games pursuant to this Chapter except those exempt from payment of bank and corporation tax by Revenue and Taxation Code § 23701d, 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. Proceeds are the receipts of bingo games conducted by organizations not within Subsection (4). Such proceeds shall be used only for charitable purposes, except as follows:

a. Such proceeds may be used for prizes.

b. A portion of such proceeds, not to exceed 20 percent 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, administrative expenses, security equipment and security personnel.

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

(10) The licensee shall keep a full and accurate record concerning the receipts and disbursements of the bingo games, including but not being limited to: income received and expenses disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this Chapter utilizing a standard method of accounting acceptable to the Treasurer/Tax Collector. All records shall be kept and maintained for not less than five years. All records shall be available for examination and audit by the Treasurer/Tax Collector or his/her designated representative, from time to time for the purpose of determining compliance with this Chapter. The Treasurer/Tax Collector/Tax Collector may conduct such examination and audit on site during the conduct of bingo games.

(11) No person shall be allowed to participate in the bingo game, unless the person is physically present at the time and place where the bingo game is being conducted.

(Prior Code, § 8.60.040; Ord. No. 1231)

(a) Whenever it appears to the Sheriff or Treasurer/Tax Collector that the licensee is conducting a bingo game in violation of any of the provisions of law including, but not limited to, this Chapter and Penal Code § 326.5, the Sheriff or Treasurer/Tax Collector shall have the authority to immediately order the Licensee to cease and desist any further operation of any such bingo game. The Sheriff shall advise the Treasurer/Tax Collector of any action under this Section.

(b) Any person who continues to conduct a bingo game after any temporary suspension thereof under Subsection (a) above shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding $1,000.00 or by imprisonment in the County 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 the right to appeal the summary suspension issued under this Section as provided in 8.60.060(c). Temporary suspension under this Section shall be effective immediately and shall remain in effect for 40 days unless such temporary suspension is lifted by the Treasurer/Tax Collector or Board of Supervisors.

(Prior Code, § 8.60.050; Ord. No. 1231)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

(a) As an alternative to, or in addition to, the provisions under Section 8.60.050 of this Chapter the Treasurer/Tax Collector may deny, revoke, or suspend any Bingo operator license if any condition at said operation shall be found to violate any requirement of law (including, without limitation, the provisions of this Chapter), or the Treasurer/Tax Collector is denied access to inspect the records maintained by the operator in accordance with this Chapter. In addition to any other grounds upon which the license contained hereunder may be revoked, such a license may be revoked if criminal acts or solicitation of criminal acts occur within such bingo games.

(b) A denial, revocation, or suspension under this Section shall be effective ten days after mailing notice of such action to the applicant or licensee at the address shown on the application or at such other address furnished by the organization or after personal service of the notice upon the applicant, licensee, or the person operating the bingo game(s) except that the summary suspension under Section 8.60.050 shall be effective immediately.

(c) Within ten days after such notice of denial, suspension or revocation of a license, the applicant or licensee may file with the Clerk of the Board of Supervisors a written appeal and request for a public hearing before the Board. Upon the filing of such request, the Clerk shall set a time and place for the hearing and shall notify the applicant thereof. The hearing shall be held within 30 days after the request is filed. At the conclusion of the hearing, the Board of Supervisors shall either affirm or reverse the decision of the denying, suspending or revoking official and the decision of the Board shall be final.

(Prior Code, § 8.60.060; Ord. No. 1231)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.