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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)
A. The chief of police may deny an application for a bingo license, if he or she finds:
1. That the applicant does not fulfill the specific requirements for such license as set forth in this chapter; or
2. That the applicant, or any agent or representative thereof, has knowingly made any false, misleading or fraudulent statement of a material fact in the application or any document in connection therewith; or
B. The chief of police may suspend or revoke a license if they find:
1. That the licensee has, or any of its members have, violated any of the provisions of this chapter; or
2. That the bingo games will not comport with the public welfare for any reason or that the same have been conducted in an illegal, improper or disorderly manner, or in a manner substantially different from that described in the application, or for any reason for which the license application could have been denied.
C. If, after an investigation, the chief of police, or his or her designee, determines that a bingo license should be suspended or revoked or that an application for such license be denied, they shall prepare a notice of suspension or revocation or denial of application setting forth the reasons for such suspension, revocation or denial. Such notice shall be served personally on the licensee or applicant or sent by registered or certified mail, postage prepaid, return receipt requested to the licensee's or applicant's last address as provided in the application.
D. Any organization whose bingo license has been revoked may not apply for a license to conduct any bingo games for a period of one year from the date notice of such revocation was served on it, or if affirmed on appeal by the Murrieta city council as provided in this section, from the date of such affirmation; provided, however, if the reason for revocation is cancellation of the exemption granted under Section 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code, such organization may again apply for a bingo license upon proof of reinstatement of such exemption.
(Ord. 356 § 11, 2006)
Any person who has had an application for a bingo license denied by the chief of police, or who has had a bingo license suspended or revoked by the police department, may appeal the decision of the police department by filing with the city clerk, within 15 days after the date of such decision, a written notice of appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper. The city council shall give written notice of the time and place of the hearing to the appellant. Such appeal shall be heard by the city council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the city council shall not be limited by the technical rules of evidence.
(Ord. 356 § 12, 2006)
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