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A. 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 may 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.”
B. “Minor” is any person under the age of 18 years.
C. A “qualified organization” to operate the game of bingo is a mobile home park association, a senior citizens' organization, or an organization exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(1) of the Revenue and Taxation Code.
(Ord. 356 § 2, 2006)
A. It shall be unlawful for any organization to conduct any bingo games in the city of Murrieta unless such organization is a qualified organization and has been issued a license as provided in this chapter.
B. It shall be unlawful for any person to conduct any bingo games in the city of Murrieta unless such person is a member of a qualified organization acting on behalf of such qualified organization that has been issued a license as provided by this chapter.
(Ord. 356 § 4, 2006)
Applications for a license or renewal thereof shall be filed with the office of business licensing with the city of Murrieta on forms prescribed by the finance department and shall be signed under penalty of perjury. Such applications shall be filed:
A. Not less than 90 days prior to the proposed date of the bingo game or games; and
B. Not later than 30 days after obtaining written verification from the planning department that there is sufficient vehicular access to the premises wherein a bingo game is to be conducted and that such premises contain off-street vehicle parking facilities as required by Chapter 16 of the City Municipal Code; and
C. Not later than 30 days after obtaining written verification from the building and safety department that the operation of such game or games is in compliance with the California Building Code; and
D. Attach a list of identifying information, including the proper name, sex, date of birth, residence address, phone number, driver's license number, and social security number of all board members or any other individuals deemed responsible in the management of the game of bingo for its organization, which must be provided to the office of business licensing at the time of the original application or renewal of permit; and
E. Attach to the application proof showing they are a qualifying organization to operate a game of bingo, which may include proper tax information, organizational bylaws, or other supporting information required by the city of Murrieta.
Such applications shall not be filed unless the applicant is a qualified organization which has owned or leased property, or has property whose use is donated to it within the city of Murrieta that was used by the applicant for the performance of the purposes for which it is organized, for at least 12 months immediately preceding the filing of such application, and the property upon which the bingo game is to be conducted is property so owned or leased by, or whose use is donated to, the applicant.
(Ord. 356 § 5, 2006)
The term of a bingo license is one year and may be renewed any time within one year from its date of issuance, upon application therefor. The fee for an initial bingo license shall be one hundred dollars ($100.00), and shall accompany the filing of the application. A license may be renewed upon the payment of a renewal fee of one hundred dollars ($100.00), which has been paid at least 30 days prior to the expiration of the term of the current license, and provided the applicant is in good standing under the current license. When the renewal fee is not paid at least 30 days prior to expiration of the current license, an additional late fee of twenty-five dollars ($25.00) shall be paid.
(Ord. 356 § 6, 2006)
A. Upon receipt of an application for a license, along with the appropriate fee, the chief of police, or his or her designee, shall investigate the truth of the matters set forth in the application.
B. The chief of police, or his or her designee, may make inquiries to any local board or association, or any state or federal agency which the Murrieta police department deems essential in order to carry out a proper investigation of applicant and the organization.
C. Upon approval of any application for a bingo license, the office of business licensing for the city of Murrieta will issue the license and the police department shall issue a permit.
(Ord. 356 § 7, 2006)
A. A qualified organization shall conduct a bingo game only on property owned or leased by it, or on property whose use is donated to such organization, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this subsection A. 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.
B. No minors shall be allowed to participate in any bingo game.
C. All bingo games shall be open to the public, not just to the members of the qualified organization.
D. A bingo game shall be operated and staffed only by members of the qualified organization which organized it. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. Such organization shall have written policies incorporated in its constitution, articles, by-laws or other regulations setting forth the manner in which a person may become a member of the organization, and absent any such written policies, it shall be presumed that the organization has no members who may operate and staff a bingo game and, consequently, no license will be issued. This subsection D. does not preclude the employment of security personnel, who are not members of the qualified organization, at a bingo game by the organization conducting the game.
E. No person shall receive or pay a profit, wage, salary or percentage from any bingo game authorized by this chapter.
F. No individual, corporation, partnership or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game.
G. With respect to 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. Such profits shall be used only for charitable purposes, that is, for the purposes for which such organizations are organized pursuant to their articles of incorporation or for purposes clearly incidental thereto. With respect to other organizations authorized to conduct bingo games pursuant to the provisions of this chapter, all proceeds derived from a bingo game shall be kept in a special fund and account and shall not be commingled with any other fund or account. Such proceeds shall be distributed to organizations that are tax exempt under Section 23701(d) of the Revenue and Taxation Code, to be used for charitable purposes as above defined, except as follows:
1. Such proceeds may be used for prizes.
2. A portion of such proceeds, not to exceed 20 percent 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. The licensee shall keep full and complete accounting records supported by properly executed contracts, leases, receipts, and other related documents which pertain to all monies, or other forms of income, collected in connection with the conduct of any of its bingo games, disbursed for expenditures in connection therewith and remaining or distributed for charitable purposes. Such records shall be clearly identified and readily accessible. Officials of the city of Murrieta shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with such officials by making such records available. At the end of any month during which any bingo game is conducted, the licensee shall file with the Murrieta police department a full and complete financial statement of all monies collected and disbursed and the amount remaining or distributed for charitable purposes.
3. Such proceeds may be used to pay license fees.
H. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.
I. The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.
J. No alcohol shall be served or consumed in the same room or physical location while the game of bingo is being played by any of the operators, managers, board members or players.
(Ord. 356 § 9, 2006)
Any peace officer or code enforcement officer of the city of Murrieta shall have access to inspect any bingo game licensed under this chapter. The licensee shall have the bingo license, lists of approved staff and accounting documents relating to all monies collected, disbursed and distributed available to such peace officer for inspection at all times during any bingo game or during licensee's normal business hours.
(Ord. 356 § 10, 2006)
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