Organizations which are exempt 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, mobilehome park associations and senior citizens' organizations may hold bingo games under the following conditions:
(A) Before an organization shall be entitled to operate a bingo game in the city, the organization must first receive a license from the city and prior to receiving a license must fill out an application which will be available at the police department and receive approval from the chief of police.
(B) It is a misdemeanor for any person to receive or pay a profit, wage or salary from any bingo game authorized by section 19 of article IV of the state constitution.
(C) A violation of subsection (B) of this section shall be punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the city which enacted these provisions authorizing the bingo game. A violation of any provision of this section other than subsection (B) of this section is a misdemeanor.
(D) The city may bring an action to enjoin a violation of this chapter.
(E) No minors shall be allowed to participate in any bingo game.
(F) An organization authorized to conduct bingo games pursuant to subsection (A) shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.
(G) All bingo games shall be open to the public, not just to the members of the authorized organization.
(H) A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall not receive a profit, wage or salary from any bingo game. 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.
(I) 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.
(J) 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. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds 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 proceeds shall be used only for charitable purposes, except as follows:
1. Such proceeds may be used for prizes.
2. A portion of such proceeds, not to exceed ten percent (10%) of the proceeds after the deduction for prizes, or five hundred dollars ($500.00) per month, whichever is less, may be used for rental of property, overhead and administrative expenses.
(K) 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.
(L) 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.
(M) As used in this section "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. (Ord. 1185, 2-13-1979)