Any organization exempted from the payment of the bank and corporation tax by Cal. Rev. & Tax. Code § 23701, subsections (a), (b), (d), (e), (f), (g), and (l) or any mobile home park association or senior citizens organization may conduct bingo games within the city, provided the proceeds of such games are used only for charitable purposes, subject to the following conditions:
(A) It shall be a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by the Constitution of the State of California, Art. IV, § 19.
(B) The City may bring an action to enjoin a violation of this section.
(C) No minor shall be allowed to participate in any bingo game.
(D) An organization authorized to conduct bingo games pursuant to this section 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 the performance of the purposes for which the organization is organized. Nothing in this division shall be construed to require that the property owned or leased by the organization to be used or leased exclusively by such organization.
(E) All bingo games shall be open to the public, not just to the members of the authorized organization.
(F) 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.
(G) 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.
(H) With respect to organizations exempt from the payment of the bank and corporation tax by Cal. Rev. & Tax. Code § 23701(d), 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 10% of the proceeds after the deduction for prizes, or $500 per month, whichever is less, may be used for the rental of property, overhead, and administrative expenses.
(I) Any organization conducting a bingo game pursuant to the provisions of this section shall obtain from the city a license permitting the licensee to conduct a bingo game. The fee for such license shall be established by Council resolution. The applicant shall furnish the city with such information as is reasonably necessary to carry out the purposes of this section and as more specifically set forth in an application which shall be promulgated by the Department of Finance, which shall be responsible for the issuance of such license. Any violation of any provision of this section shall constitute grounds for the revocation of a license to conduct a bingo game and may further constitute grounds for the denial to the applicant or licensee of any future license to conduct additional bingo games within the city.
(J) 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.
(K) The total value of the prizes awarded during the conduct of any bingo game shall not exceed $250 in cash or kind, or both, for each separate game which is held.
(L) As used in this section,
BINGO shall mean 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. It is the intention of the legislature that bingo, as defined in this division, shall apply exclusively to this section and shall not be applied in the construction or enforcement of any other provision of law.
('65 Code, § 5-14.06.1(a), (c)—(m)) (Ord. 187-C.S., passed - - ; Am. Ord. 197-C.S., passed - - ) Penalty, see § 130.99