Yucca Valley Municipal Code Ch. 5.30 Bingo

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

BINGO: A game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.

CHARITABLE ORGANIZATION AFFILIATED WITH A SCHOOL DISTRICT: An organization formed for the benefit of a school district which has an official name, president, and secretary and which has an address or mailbox.

MOBILEHOME PARK ASSOCIATION: An organization formed for the benefit of mobilehome park residents which has an official name, president, and secretary and which has an address or mailbox.

REMOTE CALLER BINGO: Bingo as defined in Penal Code section 326.3(u)(1).

SENIOR CITIZENS ORGANIZATION: An organization formed for the benefit of senior citizens which has an official name, president, and secretary and which has an address or mailbox. (Ord. 234, 3-20-2012)

Bingo games, traditional and remote caller, may be conducted in the town subject and pursuant to the following provisions, except when expressly limited to traditional (not remote caller) bingo games only:

A. Bingo games shall be conducted only by organizations exempted from the payment of the bank and corporation tax by Revenue And Taxation Code sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, and 23701w and by charitable organizations affiliated with a school district, mobilehome park associations, and senior citizens organizations, provided that the proceeds of such games are used only for charitable purposes or for reimbursement of reasonable and necessary expenses in operating such games. Security personnel employed by the organization conducting bingo games may be paid from the revenues of bingo games as provided in subsection J of this section.

B. For traditional (not remote caller) bingo games only, it is an infraction for any person to receive a profit, wage or salary from any bingo game authorized as provided in article IV, section 19 of the constitution of the state. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games as provided in subsection J of this section.

C. Violations of subsection B of this section shall be punishable by an administrative fine not to exceed ten thousand dollars ($10,000.00) which fine shall be deposited in the general fund of the town. A violation of any provision of this section, other than subsection B of this section, is an infraction.

D. No minor person shall be allowed to operate, work at or participate in any bingo game.

E. A bingo game shall only be conducted on property owned or leased by an organization authorized by this section to conduct bingo games which has been in existence in the town at least three (3) consecutive years prior to the filing of an application for a bingo license.

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

G. A bingo game shall be operated and staffed only by members of the nonprofit, charitable organization, mobilehome park association or senior citizens organization which organized it. Such members shall not receive a profit, wage or salary from any bingo game. Only the organization authorized to conduct the bingo game under this section shall operate such game or participate in the promotion, supervision or any other phase of such game.

H. 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.

I. 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 records 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 section. The town auditor, in conjunction with the police department, shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with the town by making such records available. Such proceeds shall be used only for charitable purposes, except as described in subsection J of this section.

J. All proceeds derived from a bingo game pursuant to this section:

1. May be used for prizes.

2. A portion of such proceeds, not to exceed twenty percent (20%) of the proceeds before the deduction of prizes, or two thousand dollars ($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.

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

4. If the monthly gross receipts from bingo games of an organization within this subsection exceeds five thousand dollars ($5,000.00), a minimum percentage of the proceeds shall be used only for charitable purposes not relating to the conducting of bingo games and the balance shall be used for prizes, rental of property, overhead, administrative expenses and payment of license fees. The amount of proceeds used for rental of property, overhead, and administrative expenses is subject to the limitations specified in subsection J2 of this section.

K. No bingo game shall be operated until, and unless, such organization shall have received a license authorizing it to conduct a bingo game. The annual fee for such license shall be set by the town.

L. For traditional (not remote caller) bingo games only, no person shall be allowed to participate in a bingo game pursuant to this section unless the person is physically present at the time and place in which the bingo game is being conducted.

M. For traditional (not remote caller) bingo games only, the total value of prizes awarded during the conduct of any bingo game shall not exceed five hundred dollars ($500.00) in cash or kind, or both, for each separate game which is held.

N. For traditional (not remote caller) bingo games only, there shall be no more than two (2) bingo games held during any calendar week in any one location wherein a portion of the proceeds are retained by the sponsoring organization unless the proceeds retained are to be used solely to reimburse expenses as defined in subsection J of this section.

O. No organization shall conduct bingo games between the hours of eleven o'clock (11:00) P.M. and ten o'clock (10:00) A.M.

P. The games shall be conducted in compliance with Penal Code section 326.5 and all other applicable state and local laws and regulations, expressly including, but not limited to, all applicable administrative and management agreements. (Ord. 234, 3-20-2012)

Remote caller bingo games may be conducted in the town subject and pursuant to the following provisions:

A. Remote caller bingo games may be conducted by any organization eligible to receive a traditional bingo license pursuant to section 5.30.020 of this chapter if:

1. The organization possesses a valid traditional bingo license issued pursuant to section 5.30.050 of this chapter.

2. The organization has been incorporated or in existence for three (3) consecutive years or more; and

3. The organization obtains approval from the sheriff's captain as provided in section 5.30.040 of this chapter.

B. Remote caller bingo games shall be conducted in compliance with Penal Code sections 326.3 and 326.4 and all other applicable local and state laws and regulations.

C. Remote caller bingo games shall not be conducted by any licensee on more than two (2) days during any week, except that a licensee may hold one additional game, at its election, in each calendar quarter.

D. In addition to the requirements of subsection 5.30.020I of this chapter, the licensee shall submit copies of any state mandated audits, including, but not limited to, those required pursuant to Penal Code section 326.3(w)(2), to the sheriff's captain within five (5) days of their submission to the applicable state agency.

E. Except as authorized by Penal Code section 326.3, it is a misdemeanor for any person to receive a profit, wage or salary from any remote caller bingo game authorized as provided in article IV, section 19 of the constitution of the state.

F. Violations of subsection E of this section shall be punishable by an administrative fine not to exceed ten thousand dollars ($10,000.00) which fine shall be deposited in the general fund of the town. A violation of any provision of this section, other than subsection E of this section, is a misdemeanor. (Ord. 234, 3-20-2012)

A. Organizations wishing to conduct remote caller bingo shall submit a request to do so to the town clerk, such application may be submitted at the same time as an application for a traditional bingo license pursuant to section 5.30.050 of this chapter. The request shall be accompanied by any information reasonably necessary to permit the sheriff's captain to determine that the proposed remote caller bingo operation and games will be conducted in compliance with this chapter and all other applicable state and local laws and regulations, expressly including, but not limited to, all applicable administrative and management agreements.

B. Notwithstanding anything to the contrary in subsection A of this section, any organization possessing a valid traditional bingo license issued pursuant to section 5.30.050 of this chapter may submit a request for authorization to conduct remote caller bingo games at any time. However, such requests shall be accompanied by a nonrefundable filing fee in an amount determined by resolution of the council from time to time. The request shall also be accompanied by any information reasonably necessary to permit the sheriff's captain to determine that the proposed remote caller bingo operation and games will be conducted in compliance with this chapter and all applicable state laws and regulations.

C. Approvals to conduct remote caller bingo issued pursuant to this section shall be valid until the end of the calendar year in which they were issued or the expiration of the traditional bingo license that the approval was incorporated into or attached to, whichever is earlier. A new approval granted creates no vested right on the part of the licensee to continue to offer remote caller bingo for play. The town council expressly reserves the right to amend or repeal this section at any time. If this section is repealed, all approvals granted pursuant to this section shall cease to be effective for any purpose on the effective date of the repealing legislation.

D. In the event an organization only wishes to conduct remote caller bingo games, it shall not be required to undergo the investigations required pursuant to subsection 5.30.050D of this chapter provided it obtains and maintains all necessary state licenses and registrations required by Penal Code section 326.3 and submits copies of such licenses and registrations with its application pursuant to this section. Any organization exempt from town investigations pursuant to this subsection shall only conduct remote caller bingo games and shall not conduct traditional bingo games pursuant to section 5.30.020 of this chapter. (Ord. 234, 3-20-2012)

A. The application for a license for the conduct of bingo games, whether traditional or remote caller, shall be upon a form prescribed by the town, and shall be accompanied by written evidence of the exemption of the organization from the payment of the bank and corporation tax by applicable state law and payment of the license fee as set by resolution of the town council, which shall not exceed the maximum amount permitted pursuant to Penal Code section 326.5(l)(1). The following documentation shall be attached to the application, as applicable:

1. A certificate issued by the franchise tax board certifying that the applicant is exempt from the payment of the taxes imposed under the corporation tax law pursuant to section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue And Taxation Code. In lieu of a certificate issued by the franchise tax board, the sheriff's captain may refer to the franchise tax board's internet website to verify that the applicant is exempt from the payment of the taxes imposed under the corporation tax law.

2. Other evidence as the sheriff's captain determines is necessary to verify that the applicant is a duly organized mobilehome park association of a mobilehome park situated in the town.

The license shall not be issued until the sheriff's captain has verified the facts stated in the application and determined that the applicant is qualified.

B. A license issued pursuant to this section shall be valid for one year, at which time the license shall expire. A new license shall only be obtained upon filing a new application and payment of the license fee. The fact that a license has been issued to an applicant creates no vested right on the part of the licensee to continue to offer bingo for play. The town of Yucca Valley expressly reserves the right to amend or repeal this section at any time by ordinance or resolution. If this chapter is repealed, all licenses issued pursuant to this section shall cease to be effective for any purpose on the effective date of the repealing ordinance or resolution.

C. Upon receipt of the completed application and the fee, the town clerk shall refer the application to interested departments of the town, including, but not limited to, the town manager, town attorney, planning department and the sheriff's 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.

D. For traditional bingo only, upon receipt of an application, or whenever there is a change of officers of the organization or in the position of game manager, the sheriff's captain shall make an investigation regarding the character and moral fitness of applicants, the cost of which investigation shall be borne in whole or in part by the applicants in an amount set by resolution of the town council. This investigation shall include the obtaining of criminal history statements, through fingerprints, for all officers/board members and game manager(s) associated with the day to day operation of the game. The cost of this check shall be borne by the applicant as provided in Penal Code section 326.5(l)(2). The purpose of this investigation is to determine those persons who have been convicted of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude. If any person investigated does in fact have a criminal record, or presents any cause for concern related to the community's public health, peace, safety, or welfare, such person shall be notified in writing and the license suspended until such person is removed from the application or does not participate in bingo operations. Such person shall not, at any time in the future, be permitted to participate in any way in any bingo operation licensed under this chapter. Any person objecting to the sheriff's captain's determination pursuant to this subsection may appeal to the town manager or designee provided he or she files a notice of appeal with the town clerk within ten (10) days of the captain's determination.

E. Upon initial application, yearly renewals and change in organizational officers/board members or game managers, the sheriff's department shall meet with organizations holding bingo licenses to review existing laws and town ordinances regulating bingo operations and to answer questions that may arise.

F. Licenses are not transferable, and there are no rebates if the bingo operation licensed under this chapter is discontinued during the period for which the license was issued. (Ord. 234, 3-20-2012)

A. In addition to any other penalty provided by law, whenever it appears to the sheriff's captain that the licensee, whether of traditional or remote caller bingo, is conducting a bingo game in violation of any of the provisions of this chapter, the sheriff's captain 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.

1. Any such order shall be in writing and personally served upon the licensee. Any violation of this chapter shall constitute cause for the revocation of the organization's bingo license or remote caller bingo approval by the sheriff's captain. Any person objecting to the sheriff's captain's determination pursuant to this subsection may appeal to the town manager or designee provided he/she files a notice of appeal with the town clerk within ten (10) days of the sheriff's captain's determination.

2. Any person who continues to conduct a bingo game after any summary suspension thereof under this subsection A shall be deemed guilty of a misdemeanor.

3. The order issued under this subsection A shall also notify the licensee that it shall have five (5) 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 town manager within said five (5) day period shall result in a revocation of the license.

4. Upon such request by the licensee whose license has been suspended under this subsection A for a hearing to determine whether such license shall be revoked, the town manager shall provide such hearing within ten (10) days after receipt of such request at which hearing the suspended licensee may appear before the town manager. 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 (5) days before the hearing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation. The licensee shall be afforded the opportunity to present evidence why the license should not be revoked. The licensee shall be entitled to be represented by counsel.

5. At the close of the hearing, the town manager shall render a decision. If the town manager decides that the license should be revoked, a written notice thereof shall be personally served upon the licensee. Said written notice shall contain a clear and concise statement of the ground for revocation and a statement that the licensee has a right to appeal the decision to the town council.

6. Any organization whose license is revoked under this section shall not conduct any bingo game in the town until such time as the town council, on appeal by the licensee, determines to overrule the decision of the town manager.

B. Whenever it appears to the town manager that the licensee is conducting bingo games in violation of any of the provisions of this section, or that the license was obtained by fraudulent representation and no summary suspension is ordered under subsection A of this section, the license may be revoked; provided, however, the licensee shall have the opportunity to appear at a hearing conducted by the town manager.

1. No license shall be revoked under this section unless written notice shall have been given at least five (5) 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 ground advanced as the basis of the revocation. The licensee shall be afforded the opportunity to present evidence why the license should not be revoked. The licensee shall be entitled to be represented by counsel.

2. At the close of the hearing, the town manager shall render a decision. If the town manager decides that the license should be revoked, a written notice thereof shall be personally served upon the licensee. Said written notice shall contain a clear and concise statement of the ground for revocation and a statement that the licensee has a right to appeal the decision to the town council.

3. Any organization whose license is revoked under this section shall not conduct any bingo game in the town until such time as the town council, on appeal by the licensee, determines to overrule the decision of the town manager.

C. Any licensee whose license is revoked pursuant to subsection A or B of this section shall have the right, within ten (10) days after receiving notice in writing of the revocation, to file a written appeal to the town council with the town clerk. Such appeal shall set forth the specific ground(s) on which it is based. The town council shall hold a hearing on the appeal within thirty (30) days after its receipt by the town clerk, or at a time thereafter agreed upon by the appellant and shall cause the appellant to be given at least ten (10) 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 its appeal. The determination of the town council on the appeal shall be final.

D. Any organization whose license is finally revoked may not again apply for license to conduct bingo games in the town of Yucca Valley for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Revenue And Taxation Code section 23701d, such organization may again apply for a license upon proof of reinstatement of said exemption. (Ord. 234, 3-20-2012)