Chapter 113 — BINGO GAMES

Bingo games for charitable purposes are hereby authorized pursuant to Section 19, Article 4, of the California Constitution, and Section 326.5 of the Penal Code, in accordance with the provisions of this chapter. (Ord. 1116, passed 6-19-96)

Eligible organizations may apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the California Penal Code and the provisions of this chapter. (Ord. 1116, passed 6-19-96)

No person or organization shall engage in, carry on, maintain, or conduct, or cause to be engaged in, carried on, maintained, or conducted a bingo game in the city without first having secured a bingo license in accordance with the requirements of this chapter, nor without complying with the regulations contained in this chapter and in Section 326.05 of the California Penal Code pertaining to the operation of bingo games. (Ord. 1116, passed 6-19-96) Penalty, see § 10.99

As used in this chapter:

ELIGIBLE ORGANIZATION. Organizations eligible for license to conduct bingo games. Any organization exempted from the payment of the Bank and Corporation Tax by California Revenue and Taxation Code 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701l or any mobile home park association or senior citizens organization may conduct bingo games within the city; provided, that the proceeds of such games are used only for charitable purposes, subject to conditions set out in this chapter.

BINGO. 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. Notwithstanding California Penal Code 330c, BINGO includes cards having numbers or symbols which are concealed and preprinted in a manner providing for the distribution of prizes. The winning card(s) shall not be known prior to the game by any person participating in the playing or operation of the bingo games, and all such cards bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance".

(Ord. 1116, passed 6-19-96)

Every organization desiring a license pursuant to this chapter shall file an application upon a form to be provided by the City Clerk's Office, and at such time pay the required fee. The application shall be filed at least 60 days prior to the conduct of any bingo game(s), and shall specify:

(A) The name, address, and telephone number of the applicant organization, the nature of the organization, and a statement that the applicant is an eligible organization as defined by § 113.04.

• (B) The names and addresses of all officers and directors of the applicant.

• (C) A list of the names of all members of the applicant organization who will operate and staff bingo games and the date they became members.

• (D) A detailed description of the record system to account for the receipts, prizes, expenses, and profits of each bingo game.

• (E) The location and signatures of the special bank account(s) required by § 113.18.

• (F) The specific charitable purpose(s) which the bingo proceeds will benefit.

(G) A detailed schedule of the date(s) and hours, and a detailed description, including, but not limited to occupancy capacity and parking availability, of the location of the proposed bingo game(s).

• (H) A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section

• 326.5 of the Penal Code and this chapter, as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked upon violation of any such provisions.

(I) The address to which notice, when required, is to be sent or mailed, and the names of any individual or individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the applicant.

• (J) Whether the application is for a new license or a renewal of an existing license.

(K) The application shall be signed by at least two officers, including the presiding officer of the local organization, and shall be verified as provided in the Code of Civil Procedure for the verification of pleadings. (Ord. 1116, passed 6-19-96)

The application for a bingo license shall be filed with the City Clerk's Office. Upon receipt, the City Clerk shall refer the application to the City Manager/Executive Team for review and report as to whether the appropriate provisions of this chapter and Section 326.5 of the California Penal Code have been or will be complied with. The applicant shall provide any additional information which may be requested during the review period, and as may be necessary to make a licensing determination.

(Ord. 1116, passed 6-19-96)

A bingo license shall be issued by the City Clerk if the City Manager/Executive Team find that the bingo application meets all requirements of this chapter and Section 326.5 of the California Penal Code and that it will have no substantial adverse impact on the neighboring area. If the City Manager/Executive Team finds that the bingo game as proposed does not comply with all the requirements of this chapter and of Section 326.5 of the California Penal Code, or that it will have a substantial adverse impact on the neighboring area, but that conditions can be imposed which will eliminate such problem, the bingo license may be issued subject to such conditions. Bingo licenses shall be issued for a period of one year.

(Ord. 1116, passed 6-19-96)

(A) Every organization having a license issued pursuant to this chapter shall notify the city in writing of any requested change(s) in the facts required to be stated by § 113.05.

(B) Any requested change as to the location, date(s), and/or time(s) for proposed bingo game(s) must be submitted to the City Clerk's Office not less than 45 days prior to the date when the change, if approved, would become effective. All other changes shall require written notification only, to be provided to the City Clerk's Office in writing not later than five days following the date when such changes or the intent to change shall be signed by at least two officers, including the presiding officer of the organization.

(C) Requests for change(s) to the original application shall be forwarded to the City Clerk's Office for review and to assure that the proposed amendment complies with the provisions of this chapter and Section 326.5 of the Penal Code.

(D) The licensee shall notify the city of any changes in the list of members who will operate and staff bingo games. Said notification shall be made in writing and served upon the city by one of the following methods:

(1) Personal delivery of a revised list and the obtaining of a receipt therefor at least three days prior to the operation of any games; or

(2) Transmittal of a revised list by certified mail bearing a post date at least five days prior to the operation of any game.

(E) The licensee shall retain in his records proof of service of the modifications required by division (A) through (D) of this section.

(Ord. 1116, passed 6-19-96)

No organization shall engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises within the city, the operation of a bingo game unless such game is conducted under the personal direction of a bingo manager. The bingo manager shall be present on the premises during the operation of all bingo games.

(Ord. 1116, passed 6-19-96) Penalty, see § 10.99

No person may be licensed as a bingo manager unless he is a non-salaried, non-compensated member of the organization licensed to conduct bingo games and has been a member for at least six months. (Ord. 1116, passed 6-19-96)

To obtain a bingo manager license, the applicant shall file a written application which shall set forth, in addition to such information as may be required by the city:

(A) A statement that neither the bingo manager nor the members of the organization which operate any bingo game organized by such organization, will receive any profit, wage, or salary, or any other direct or indirect consideration from any bingo game.

(B) A statement that the bingo manager applicant has read and understands all requirements of the law in regard to conducting bingo games in the city, and that such bingo manager will accept full responsibility for the conduct of such bingo games and all members who will operate and staff the bingo games.

(Ord. 1116, passed 6-19-96)

A bingo manager license shall be issued if the required security is posed and the City Manager/Executive Team finds that each statement made in the application is true and not deceptive or misleading, and that the proposed bingo manager has not been convicted of any felony or misdemeanor related to gambling, fraud, theft, or similar circumstances.

(Ord. 1116, passed 6-19-96)

• (A) Each licensed eligible organization may hold a maximum of three bingo games per week.

• (B) Bingo games may be held only between noon and midnight of any one day, not to exceed any six continuous hours.

• (C) All bingo games shall be open to the public, not just to the members of the eligible organization.

• (D) The posting of any sign or device at the location at which a bingo game is being, or will be, held for the specific purpose of advertising the existence, location, date, or time of a bingo game is strictly prohibited.

(E) Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted or the limit stated in the bingo license, whichever is less. Neither seats nor space may be reserved for any person.

• (F) The total value of prizes awarded during the conduct of any bingo games shall not exceed $250 in cash or kind, or both, for each separate game which is held. All monetary or cash prizes shall be paid in the form of a check drawn on a financial institution.

• (G) All staff members of a bingo game shall wear on the outside of their clothing an identification insignia or badge not less than 2" x 3" in dimension, indicating the name and title of the staff member.

• (H) No person under the age of 18 years of age shall be allowed to participate in any game.

• (I) No alcoholic beverages shall be served or consumed during the hours of operation of a bingo game.

• (J) No person who is intoxicated shall be allowed to participate in a bingo game.

• (K) The bingo license shall be posted at all times in a conspicuous place at the public entrance to a bingo game while such game is being conducted.

• (L) The licensee shall have available on the premises at all times during the conduct of games the list of members operating and staffing games which has been filed pursuant to § 113.05 of this chapter. In the event the list is different from the list originally submitted with the application for a bingo license, proof of service of the revised list, as required by § 113.08 of this chapter, shall be attached to the current list.

• (M) The licensee shall post the costs, prizes and rules of each game to be played. Such signs shall be posted adjacent to the license and permit during the conduct of the bingo game.

• (N) No admission fee, purchase or donation shall be required for entry onto the bingo premises.

• (O) No licensee shall issue chips or money to a patron on credit or loan (including but not limited to IOU's and checks to be held) or allow any patron to play on credit.

• (Ord. 1116, passed 6-19-96) Penalty, see § 10.99

A licensee 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 purpose for which the organization is organized, provided, however, that no bingo games may be conducted at any city-owned

facility or at any residence. Nothing in this section 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 license and permit issued under this chapter shall authorize the holder thereof to conduct a bingo game only on such property, the address of which is stated in the application.

(Ord. 1116, passed 6-19-96) Penalty, see § 10.99

(A) At least two members of the licensed organization shall jointly count all bingo proceeds.

(B) A record shall be kept, on forms approved by the city, by the licensee showing the name and written signature, the address, and the telephone number of the winner, and the consecutive serial number on the receipt for the prize. (C) All proceeds derived from a bingo game shall, within 24 hours, be deposited in a special account in any financial institution and shall not be commingled with any other account or funds.

(D) 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 in this chapter. The city, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time and the licensee shall fully cooperate with the city by making such records available. Such examination may consist of but is not limited to the actual counting or examination of players, bingo card, equipment, records, and funds.

(E) The city may demand a complete detailed accounting of all income and expenses at any time. If the licensee fails to render such an accounting within the time limit set by the city, the license shall be temporarily suspended until such accounting is rendered.

(Ord. 1116, passed 6-19-96) Penalty, see § 10.99

(A) Eligible organizations pursuant to California Revenue and Taxation Code 23701d, shall keep bingo profits in the special account required by § 113.15, and such funds shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes.

(B) Eligible organizations defined other than pursuant to California Revenue and Taxation Code 23701d, shall keep all proceeds derived from bingo games in the special account required by § 113.15 and such proceeds shall be used only for charitable purposes, except as follows:

• (1) Such proceeds may be used for prizes at authorized bingo games.

(2) A portion of such proceeds, not to exceed 20% of the proceeds before the deduction for prizes, or $1,000 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.

(C) The bingo game profits or proceeds shall be disbursed by check at least quarterly for a charitable purpose.

(D) It is a misdemeanor under Section 326.5b of the Penal Code of the State of California for any person to receive a profit, wage, or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the city. Notwithstanding the

foregoing sentence, security personnel employed by the organization conducting the bingo game may be paid from the revenues of the bingo game as provided in division (A) and (B) of this section.

(Ord. 1116, passed 6-19-96)

(A) No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of any bingo game.

(B) A bingo game shall be operated, managed, and staffed only by members of the licensee organization. Such members shall not receive a profit, wage, or salary, or any other direct or indirect consideration from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision, or any other phase of such game, provided, however, that this division shall not preclude the employment by the licensee of security personnel who are not members of the licensee at a bingo game.

(Ord. 1116, passed 6-19-96) Penalty, see § 10.99

(A) No person shall interfere with, prevent, or refuse to permit a police officer, or other peace officer, or other officer or employee of the city to make an examination or inspection of any premise, whether the premise is open to the public or not, or of any record kept by the applicant organization, or by any agent or employee thereof, for the purpose of determining whether the applicant organization and/or bingo manager are complying with all of the provisions of this chapter.

(B) A licensee shall produce and exhibit the bingo license and bingo manager license, whenever requested to do so by any peace officer or city officer authorized to issue, inspect, or collect licenses. (Ord. 1116, passed 6-19-96)

(A) The fees for the bingo license and bingo manager license shall be: Bingo license $50 annually License amendment fee $25 each amendment Bingo manager license $25 annually

(B) If any application for a license is denied, one-half of any license fee paid shall be refunded to the applicant. (Ord. 1116, passed 6-19-96)