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CHAPTER 10: BINGO GAMES
10-2. Eligible organization
10-3. Bingo license
10-4. Application procedure
10-6. Investigation of applicant
10-7. Effective date of license
10-8. Denial of license
10-9. License renewal
10-10. Appeal of denial
10-11. Revocation of license
10-12. Notice of revocation
10-13. Appeal of revocation
10-14. Appeal hearing
10-15. Conduct of hearings
10-17. Application for new license after revocation
10-18. Judicial action
10-19. Location of bingo
10-20. Posting of license
10-21. Nontransferability of license
10-22. Posting of prizes and rules
10-23. Maximum amount of prizes
10-25. Open to the public
10-26. Maximum attendance
10-27. Maintenance of records
10-28. Proceeds from games
10-29. Reports on proceeds
10-30. Annual report
10-31. Financial interest
10-32. Exclusive operation
10-33. Minors; intoxicated person
10-34. Days and hours of operation
10-35. Participant to be present
10-36. Use of credit prohibited
10-37. No admission charge
10-39. City attorney may enjoin violation
For purposes of this chapter, the following words shall have the following meanings:
(A) BINGO - A game of chance in which participants are awarded prizes on the basis of having designated numbers or symbols on a card which conform to numbers or symbols selected at random.
(B) RECREATIONAL BINGO - Bingo that complies with the following:
(1) The purchase price of individual bingo card does not exceed $.25;
(2) No person is allowed to purchase more than 12 individual bingo cards during each separate game;
(3) No more than a total of 600 individual bingo cards are used by all participants during each separate game;
(4) Prizes for each separate game are limited to goods, gift certificates, or cash that does not exceed $25 in fair market value.
(5) The organization conducting the game is not required to comply with the reporting requirements of this chapter.
(`64 Code, Sec. 8.1-1) (Ord. No. 2435)
No bingo shall be conducted in the city except by an organization exempted from the payment of the bank and corporation tax by Cal. Rev. and Tax. Code, Sections 23701(a), (b), (d), (e), (f), (g) or (1), a mobile home park association or a senior citizen organization.
(`64 Code, Sec. 8.1-2) (Ord. No. 2435)
Prior to conducting bingo, an organization will obtain and maintain a bingo license.
(`64 Code, Sec. 8.1-3) (Ord. No. 2435)
(A) To obtain a bingo license, an organization has to first file one of the following documents with the license collector:
(1) Proof of exemption under Cal. Rev. and Tax. Code, Sections 23701(a), (b), (d), (e), (f), (g) or (1); or
(2) A letter of good standing from the exemption division of the State Franchise Tax Board, showing exemption under one of such code sections listed in subsection (A)(1); or
(3) Proof satisfactory to the license collector that the organization is either a valid and duly organized mobile home park association or senior citizen organization.
(B) If the organization satisfies the requirements of this section, the license collector shall provide the organization with a bingo license application.
(`64 Code, Sec. 8.1-4) (Ord. No. 2435)
(A) Upon completing and filing a bingo license application, the applicant shall pay a fee of $50.
(B) Upon completing and filing a bingo license application for recreational bingo, the applicant shall pay a fee of $25.
(`64 Code, Sec. 8.1-5) (Ord. No. 2435)
The license collector will determine if all the statements on any bingo license application are true and the appropriateness of the applicant to conduct bingo in the city.
(`64 Code, Sec. 8.1-6) (Ord. No. 2435)
If the license collector grants the license, the license shall be effective on the date of issuance. Any license issued prior to July 1 of any year shall be valid until December 31 of that same year. Any license issued after July 1 of any year shall be valid until December 31 of the following year.
(`64 Code, Sec. 8.1-7) (Ord. No. 2435)
The license collector may not issue or renew a license or may condition the license if, after consideration of any application, the license collector determines that the operation of bingo by the applicant or licensee would be injurious to the health, safety or welfare of the public, or that an application is incomplete or fraudulent. If the applicant or licensee is denied an original license, or a renewal, the license collector shall refund one-half of the fee and immediately notify the applicant or licensee as set forth in section 10-12.
(`64 Code, Sec. 8.1-8) (Ord. No. 2435)
A licensee shall renew the license annually. The license renewal shall be accompanied by payment of a fee set forth in section 10-5 and processed as an original application.
(`64 Code, Sec. 8.1-9) (Ord. No. 2435)
The applicant or licensee may appeal any decision of the license collector to deny or condition an original license or not to renew a license as set forth in section 10-13.
(`64 Code, Sec. 8.1-10) (Ord. No. 2435)
The license collector may revoke a license if a licensee violates any provision of this chapter or if the operation of the bingo game would be injurious to the health, safety or welfare of the public.
(`64 Code, Sec. 8.1-11) (Ord. No. 2435)
(A) The license collector shall notify a licensee of any license revocation.
(B) The notice shall be effective immediately if personally served, or 48 hours after the notice has been deposited postage prepaid in the United States mail.
(C) Upon the notice becoming effective, the licensee shall immediately cease all bingo operations.
(`64 Code, Sec. 8.1-12) (Ord. No. 2435)
A licensee objecting to the revocation of the license may file with the city clerk a written request for an appeal hearing, accompanied by the hearing fee as established by resolution of the city, within 14 days of receiving the notice.
(`64 Code, Sec. 8.1-13) (Ord. No. 2435)
(A) (1) Upon receiving a request for an appeal hearing, the city clerk shall send the request to a hearing officer.
(2) The hearing officer shall promptly schedule the matter for hearing.
(B) At least ten days before the hearing, the hearing officer shall mail written notice of the date, time and place of hearing to the applicant or licensee and license collector.
(`64 Code, Sec. 8.1-14) (Ord. No. 2435)
(A) All hearings shall be open to the public.
(B) A representative of the license collector shall first present evidence to justify the denial, revocation or conditioning of a license. Thereafter, the applicant or licensee may present evidence.
(C) The burden of proof to justify revocation or conditioning of the license is on the license collector. The burden of proof is on the applicant or licensee seeking to reverse the denial of a request for an original license or license renewal.
(D) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.
(`64 Code, Sec. 8.1-15) (Ord. No. 2435)
Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the licensee and license collector a written decision containing a statement of the reasons for the decision.
(`64 Code, Sec. 8.1-16) (Ord. No. 2435)
If a license is revoked, the former licensee may apply for a new license after waiting one year from the date the revocation of the license is final.
(`64 Code, Sec. 8.1-17) (Ord. No. 2435)
The applicant or licensee may seek judicial review of the hearing officer's decision within the time and in the manner provided by Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.
(`64 Code, Sec. 8.1-18) (Ord. No. 2435)
(A) A licensee shall conduct bingo only on property owned or leased by the licensee, or donated to the licensee. The property used by the licensee for bingo shall also be used for an office by the licensee or for performance of the purposes for which the licensee is organized.
(B) In the event the licensee ceases to use such property as an office or as a place for the performance of the purposes for which the licensee is organized, the license shall automatically be deemed revoked.
(`64 Code, Sec. 8.1-19) (Ord. No. 2435)
Licensee shall post the license in a conspicuous location during any bingo game. Licensee shall produce the license upon request by the license collector or any member of a law enforcement agency.
(`64 Code, Sec. 8.1-20) (Ord. No. 2435)
A bingo license is not transferable.
(`64 Code, Sec. 8.1-21) (Ord. No. 2435)
Prior to playing bingo, the licensee shall announce the nature and amount of the prizes, the type of bingo, the rules of the bingo and clearly display same to all participants. The licensee shall award all prizes immediately upon conclusion of each bingo game.
(`64 Code, Sec. 8.1-22) (Ord. No. 2435)
The total fair market value of prizes awarded during any single bingo game shall not exceed $500.
(`64 Code, Sec. 8.1-23) (Ord. No. 2435, 2805)
No person shall interfere with, prevent or refuse to permit a member of a law enforcement agency or the license collector to inspect, without notice, any property licensed for bingo. This inspection shall be to determine whether the licensee is complying with the provisions of this chapter, State and federal law.
(`64 Code, Sec. 8.1-24) (Ord. No. 2435)
Licensee shall maintain bingo open to the public and shall not reserve seats or space for any person.
(`64 Code, Sec. 8.1-25) (Ord. No. 2435)
Licensee shall limit attendance at bingo to the occupancy capacity of the location where the bingo is conducted as determined by the city.
(`64 Code, Sec. 8.1-26) (Ord. No. 2435)
For a period of at least three years from the year of preparation, the licensee shall maintain accurate and complete records of the total number of persons participating in each bingo game and the number of bingo cards, pull tabs, punch boards, or other devices which are sold during each game.
(`64 Code, Sec. 8.1-27) (Ord. No. 2435)
(A) Any licensee exempt from payment of the bank and corporation tax by Cal. Rev. and Tax. Code, Section 23701(d) shall deposit all profits derived from bingo in a special fund or account and shall not commingle such funds with any other funds. Such funds shall be used only for charitable purposes.
(B) All other licensees shall deposit all proceeds derived from bingo in a special fund or account and shall not commingle such funds with any other funds. The proceeds shall be used only for charitable purposes, with the following exceptions:
(1) The proceeds may be used for prizes.
(2) A portion of the proceeds, not to exceed 20% of the total before deduction for prizes, or $2,000 per month, whichever is less, may be used for the rental of property to conduct bingo and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel.
(3) The proceeds may be used to pay license fees.
(`64 Code, Sec. 8.1-28) (Ord. No. 2435)
The licensee shall file with the license collector on the fifteenth day of each month a report specifying the use of proceeds generated from bingo during the previous month.
(`64 Code, Sec. 8.1-29) (Ord. No. 2435)
On or before January 31 of each year, a licensee shall file a report under penalty of perjury with the license collector containing the following information:
(A) Total amount of funds received from the operation of bingo during the previous 12 months;
(B) Total amount paid out in prizes or cash; and
(C) Detailed costs for the operation of bingo.
(`64 Code, Sec. 8.1-30) (Ord. No. 2435)
No individual, corporation, partnership, or other legal entity, except licensee, shall hold a financial interest in bingo.
(`64 Code, Sec. 8.1-31) (Ord. No. 2435)
(A) Bingo shall be operated and staffed only by the members and the manager of the licensee. Such members or manager shall not receive a percentage of profit, wage, salary, or any other direct or indirect consideration from bingo, nor shall they receive payments from the licensee for such purpose.
(B) Only the licensee shall operate bingo or participate in the promotion, supervision or any other phase of bingo. Security personnel do not have to be members of licensee.
(`64 Code, Sec. 8.1-32) (Ord. No. 2435)
No person under the age of 18 years or any intoxicated person shall be allowed to participate in a bingo game.
(`64 Code, Sec. 8.1-33) (Ord. No. 2435)
(A) Licensee shall not operate bingo games more than one day per calendar week, unless the licensee receives prior written permission from the license collector to exceed this limitation, which permission may be withheld for any reason, and shall not be granted more than two times in any calendar year.
(B) The licensee hours of operation may not exceed six hours within a single day, unless the licensee receives prior written permission from the license collector to exceed this limitation, which permission may be withheld for any reason, and shall not be granted more than two times in any calendar year.
(`64 Code, Sec. 8.1-34) (Ord. No. 2435)
No person shall be allowed to participate in bingo unless the person is physically present at the time and place in which the bingo game is being conducted.
(`64 Code, Sec. 8.1-35) (Ord. No. 2435)
No person shall be permitted to play bingo on a credit basis.
(`64 Code, Sec. 8.1-36) (Ord. No. 2435)
The licensee shall not impose a fee, donation, dues or other charge as a requirement for admission or entry into any bingo location.
(`64 Code, Sec. 8.1-37) (Ord. No. 2435)
(A) Any person violating the provisions of this chapter is guilty of a misdemeanor and shall be punishable by a $1,000 fine and/or one year in county jail.
(B) Notwithstanding subsection (A), any person who receives or pays a percentage of profit, wage or salary from any bingo licensed pursuant to this chapter shall be punishable by a fine not to exceed $10,000.
(`64 Code, Sec. 8.1-38) (Ord. No. 2435)
The city attorney may bring an action to enjoin a violation of Cal. Penal Code, Section 326.5 or of any provision of this chapter.
(`64 Code, Sec. 8.1-39) (Ord. No. 2435)