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The conducting of bingo games authorized by this Article shall be subject to the following restrictions.
(a) Such games shall only be conducted by a nonprofit charitable organization licensed under the provisions of this Article.
(b) Such games shall only be conducted for the benefit of a nonprofit charitable organization.
(c) A nonprofit charitable organization 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 Subparagraph (c) shall be construed to require that the property owned or leased by such organization be used or leased exclusively by such organization.
(d) Each prepackaged set of instant bingo cards must be sold or distributed and the prizes awarded from said set must be distributed within a period of not more than two hours at a location specified in Section 3201(c).
(e) A bingo game shall be operated and staffed only by members of the nonprofit charitable organization which organized it. Such members shall not receive a profit, wage or salary from any bingo game.
(f) No individual corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold financial interest in the conduct of such bingo game.
(g) Nonprofit charitable organizations licensed to conduct bingo games shall comply with the following requirements:
(1) Each nonprofit charitable organization which is exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code shall establish a trust account in which all profits derived from bingo games shall be deposited. Such profits shall not be commingled with any other fund or account. The trust account shall be established at an office of a bank located in the City and County of San Francisco and the account number and branch identification of the trust account shall be filed with the Chief of Police of the City and County of San Francisco within 10 days of the establishment thereof. Such profits shall be used only for charitable purposes.
(2) Each nonprofit charitable organization as defined in Section 3200(c) herein which is not exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code shall establish a trust account in which all funds derived from bingo games shall be deposited. Such funds shall not be commingled with any other fund or account. The trust account shall be established at an office of a bank located in the City and County of San Francisco and the account number and branch identification of the trust account shall be filed with the Chief of Police of the City and County of San Francisco within 10 days of the establishment thereof. Such funds shall be used only for charitable purposes, except as follows:
(A) Such funds may be used for prizes;
(B) A portion of such funds, not to exceed 10 percent of the funds after the deduction for prizes, or $500 per month, whichever is less, may be used for rental of property, overhead and administrative expenses.
(h) The total value of prizes awarded during the conduct of any bingo game shall not exceed $500 in cash or kind, or both, for each separate game which is held. Monetary prizes for instant bingo games will be not less than 35 percent of all of the fees paid for the purchase of said cards in any given instant bingo game.
(i) All bingo games shall be open to the public, not just to the members of the nonprofit charitable organization.
(j) No minors shall be allowed to participate in any bingo game.
(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) Any nonprofit charitable organization granted a permit pursuant to this Article which places, publishes or distributes or causes to be placed, published or distributed any advertising matter or announcement of bingo games must include the number of the permit issued to such organization in such advertising matter or announcement.
(m) No organization which holds a permit pursuant to this Article shall conduct bingo games as defined in Section 3200(c)(1) for more than six hours on any day. Except as provided by a special permit issued pursuant to Section 3209, no organization which holds a permit pursuant to this Article shall conduct bingo games as defined in Section 3200(c)(2) on more than one day in any calendar week.
(Amended by Ord. 270-78, App. 6/9/78; Ord. 185-09, File No. 090419, App. 8/6/2009)
Except as otherwise provided herein, an application for a permit pursuant to the provisions of this Article shall specify:
(a) The name and address of the applicant organization.
(b) The names and residence addresses of each of its officers.
(c) The address of the location or locations at which the applicant intends to conduct bingo games.
(d) The days of the week and the time or times when the applicant intends to conduct bingo games.
(e) The active member or members of the applicant organization who will supervise the conducting of bingo games.
(f) Whether or not the members who will supervise the games have ever been convicted of any crime except misdemeanor traffic violations.
(g) Sufficient facts relating to the applicant organization to enable the Chief of Police to determine whether it is a nonprofit charitable organization as defined by this Article.
(h) The address to which notice, when required, is to be sent or mailed, and the name and address of a person authorized to accept services of process.
(i) Whether the application is for a new permit or for the renewal of an existing permit.
(j) Such other information as the Chief of Police may require of an applicant in addition to the other requirements of this Section.
(Added by Ord. 571-77, App. 12/29/77)
When an application is filed for a new permit under this Article, the Chief of Police shall fix a time and place for a public hearing thereon within 40 days from the date of filing of said application. Not less than 10 days before the date of such hearing, the Chief of Police shall cause to be posted a notice of such hearing in a conspicuous place on the property where the applicant intends to conduct bingo games, and the applicant shall maintain said notice as posted the required number of days. Such notice shall set forth the following:
(a) The name of the applicant organization.
(b) The days of the week and the time or times when the applicant intends to conduct bingo games.
(Added by Ord. 571-77, App. 12/29/77)
The Chief of Police shall issue a permit within 14 days following a hearing as provided in Section 3206 herein, based upon his investigation and subsequent to the public hearing provided for above, if he finds:
(a) That the operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances.
(b) That the member or members who will supervise the conducting of the games have not been convicted in a court of competent jurisdiction, by final judgment, of:
(i) An offense involving violation of California Penal Code Sections 319 through 337;
(ii) An offense involving the use of force and violence upon the person of another that amounts to a felony, or if committed without the State of California would amount to a felony if committed within the State of California; and
(iii) An offense involving the use of force and violence upon the person of another provided that such person committed three separate offenses within the past five years.
(c) That the applicant has not knowingly made any false, misleading or fraudulent statement of facts in the permit application or any other document required by the Chief of Police in conjunction therewith.
(Added by Ord. 571-77, App. 12/29/77)
Upon special application submitted by an organization which holds a permit pursuant to this Article and upon payment of a fee, the Chief of Police may issue a special permit authorizing bingo games at locations, and on days of the week, and at times other than those set forth in the organization's annual permit; provided, however, that no such special permit may authorize more than 12 additional bingo games as defined in Section 3200(c)(2) to be conducted during that period for which the organization's permit is applicable.
(Amended by Ord. 555-81, App. 11/12/81)
The Chief of Police may adopt, after a noticed public hearing, rules and regulations supplemental to this Article and not in conflict therewith. The rules and regulations shall become effective 10 days after adoption by the Chief of Police.
(Added by Ord. 571-77, App. 12/29/77)
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