Chapter 5.28
BINGO
5.28.010 Purpose.
5.28.020 Definitions.
5.28.030 Authorization.
5.28.040 Permit-Required-Qualifications.
5.28.050 Permit-Fees.
5.28.060 Permit-Application.
5.28.070 Permit-Conditions of issuance.
5.28.080 Permit-Denial or revocation.
5.28.090 Cease and desist orders.
5.28.010 Purpose.
The purpose of this chapter is to provide standards to safeguard safety, property, morals and the public welfare by regulating and controlling the issuance of licenses or permits for the operation and conduct of bingo games. It is the intent of the council to control and restrict the issuance of a bingo license or permit to charitable and other organizations which are legitimately established as such, and to eliminate the possibility of criminal activity and illegitimate enterprises engaging in bingo games for profit or other improper motives. (Prior code º 11-33)
5.28.020 Definitions.
For the purposes of this chapter, the following terms are defined as follows:
"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.
"Mobilehome park association" means any group or organization of ten or more members who each own or lease a mobilehome as defined in Section 18214 of the Health and Safety Code of the state of California. Such a group or organization must have been in existence for at least six months pursuant to Section 5.28.070F, and must be organized for some civic, recreational, charitable or other common purpose.
"Pull tab" means a card having numbers or symbols which are concealed and preprinted in a manner providing for the distribution of prizes.
"Pull-tab dispenser" means a device approved by the police chief which dispenses pull tabs.
"Security personnel" means persons employed for the exclusive purpose of protecting persons and property at bingo games.
"Senior citizens' organization" means any group or organization of ten or more members, the age of each member being not less than sixty years. Such group or organization must have been in existence for at least six months pursuant to Section 5.28.070F, and must be organized for some civil, recreational, charitable or other common purpose. (Ord. 5041 º 1, 1994: prior code º 11-35)
5.28.030 Authorization.
Bingo may be lawfully played in the city only when pursuant to the provisions of Section 326.5 of the Penal Code of the state of California and the conditions set forth in this chapter. The police chief shall promulgate rules and regulations relating to the operation, conduct and enforcement of bingo games. Prior to becoming effective, such rules and regulations shall be approved by the city council. (Prior code º 11-34)
5.28.040 Permit-Required-Qualifications.
A. A permit to conduct bingo games shall be valid for a period of one year and shall be subject to the conditions contained in Section 326.5 of the Penal Code of the state of California and the conditions of this chapter. Qualified applicants who wish to conduct a bingo game but do not wish to apply for an annual permit, may apply for a temporary permit which shall be valid only on the date(s) specified on the permit.
B. No organization or association shall conduct a bingo game in the city until such organization or association has obtained an annual permit or a temporary permit from the city.
C. No permit issued or granted under this chapter shall be in any manner transferred or assigned, or authorize any person or organization other than is therein mentioned or named to conduct or operate a bingo game. Any change in location or name of person from that which is shown on the issued permit shall require a new license or permit to be obtained.
D. Only organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701(l) of the Revenue and Taxation Code, mobilehome park associations and senior citizens' organizations located in the city may apply to the city for a license, an annual or a temporary permit to operate a bingo game.
E. Pull tabs as defined in this chapter may be used at bingo games. The manager of any such bingo game shall place pull tabs in a locked secure area during the times that bingo games are not being played. (Ord. 5041 º 2, 1994: prior code º 11-36)
5.28.050 Permit-Fees.
The application for an annual or a temporary permit shall be accompanied by a fee to be established or modified by resolution of the city council. (Prior code º 11-39)
5.28.060 Permit-Application.
A. Application for a license or a temporary permit must be in writing on a form provided by the city clerk and shall be filed not less than forty-five days prior to the date on which the bingo game is to be played or the series of games is to commence. Such application shall contain the following information:
1. The name and address of the organization;
2. The names, addresses and physical description of the persons who will be regularly engaged in conducting bingo games;
3. The date(s) and place where such bingo game will be held;
4. A statement setting forth the character and extent of the charitable work being done, or to be done, by such organization and where such work has been or will be done;
5. A statement setting forth the use to which the funds derived from such bingo game will be used;
6. Evidence that applicant organizations conducting bingo games are either exempted from the payment of the bank and corporation tax as described in Section 5.28.040, or is a mobilehome park association or a senior citizen organization as described in Section 5.28.020;
7. A statement that the persons directly engaged in the conduct of the bingo game have read and are familiar with the provisions of this chapter and the rules and regulations for bingo games prior to holding such bingo game;
8. Such other information as may be required by the city clerk or police chief for determination of the applicant's qualifications for a bingo license.
B. Upon the filing of such application and the payment of the appropriate fee, the city clerk shall cause the application to be forwarded to the police chief for study and investigation. If the police chief finds that all the conditions required by this section and Section 326.5 of the Penal Code of the state of California are fulfilled, the police chief shall forward the application with the police chief's recommendation to the city manager who may direct the city clerk to issue the license or permit, or upon good cause may deny such application.
C. An application for a bingo license or permit may be denied, or any license or permit issued under this chapter may be suspended or revoked pursuant to the grounds set forth in the bingo rules and regulations as approved by the city council.
D. An applicant organization which has been denied the issuance of a bingo license or permit or has had such license or permit revoked or suspended may appeal such denial, revocation or suspension pursuant to Chapter 2.88. (Prior code º 11-38)
5.28.070 Permit-Conditions of issuance.
Each license or temporary permit issued shall be subject to the following conditions:
A. Only the organization or association authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. No other individual, corporation, partnership or other legal entity shall hold a financial interest in the conduct of such bingo game.
B. A bingo game shall be operated and staffed only by members of the authorized organization which organized it.
C. No person whatsoever, shall receive a profit, wage or salary from any bingo game with the exception of security personnel employed by the organization conducting the bingo game.
D. A violation of subsection C of this section shall be punishable pursuant to state law by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city. Any other violation of this chapter shall be a misdemeanor punishable pursuant to Section 1.20.010A of this code.
E. An authorized organization or association shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purpose for which the organization is organized. Nothing in this subsection 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 organizations.
F. Organizations that are otherwise qualified must have been conducting business in the city for a period of at least six months prior to the date of application for a license or temporary permit.
G. All bingo games shall be open to the public, not just to the members of the authorized organization or association. 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.
H. Bingo may be conducted by any authorized organization or association between the hours of twelve noon and twelve midnight, limited to not more than one six-hour period per day for a total of twelve hours within any seven-day period.
I. No bingo game shall be conducted on any property within the city for more than a period of twelve hours in any seven-day period.
J. No minors shall be allowed to operate or participate in any bingo game.
K. An authorized organization or association shall maintain accurate records containing the names, addresses and physical descriptions of all persons who staff or operate a bingo game.
L. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d 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 Section 5.28.040, 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 for bingo games.
2. A portion of such proceeds not to exceed twenty percent before the deduction for prizes or two thousand dollars per month, whichever is less, may be used for the rental of property and/or overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel. Thorough records shall be kept of all financial transactions involving profits derived from any bingo game and such records shall be open at all times during business hours to the inspection of any peace officer of the state of California or other city representative authorized by the city manager. The city manager, may at any time, require the organization to file with him or her, a copy of an audit of the special fund or account prepared by a certified public accountant showing the gross revenue received from all bingo games, the costs incurred in the operation of such games including the amounts paid out in connection therewith, the amounts deposited in the special fund, and any expenditures made from the special fund.
M. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held.
N. If, during the term of any license, there is a change in fact, policy, location, method or personnel that would alter the information given in the application, the applicant shall notify the police chief in writing within seventy-two hours after such change. The police chief will then conduct an investigation to determine if all of the conditions of this section are fulfilled.
O. Pull tabs shall be placed in a central pull-tab dispenser. The manager of the bingo game shall be responsible for putting the pull tabs in the dispenser in a random fashion. Once the pull tabs are in the dispenser, players may purchase them directly from the dispenser or from floor vendors who have obtained them from the dispenser. Only those persons who are playing bingo games may use pull tabs. The use of pull tabs during the playing of bingo games in any manner other than as described in this subsection is prohibited and shall result in the revocation of the bingo permit.
P. No person shall be permitted to play any game of bingo on credit.
Q. All preprinted cards shall include the legend "for sale or use only in a bingo game authorized under California law and pursuant to City of Glendale ordinance." (Ord. 5041 º 3, 1994: prior code º 11-37)
5.28.080 Permit-Denial or revocation.
In the event an application is denied or an annual permit is revoked under this chapter, the applicant or permit holder may not reapply for an annual permit under this chapter for a period of six months. (Prior code º 11-38.5)
5.28.090 Cease and desist orders.
An authorized representative of the police chief or city clerk that observes the operation of the game and determines that bingo played under a permit issued hereunder is not being played according to the laws of the state of California, the city bingo ordinance, or any rule or regulation promulgated thereunder, may issue an order to immediately cease and desist such violation in addition to any other remedy provided by law including, but not limited to, the issuance of a misdemeanor citation. If the representative of the chief of police or city clerk observes that during the operation of bingo, pull tabs are not being used in the manner required by this chapter, the representative may issue an order to immediately cease and desist such violation in addition to any other remedies as provided by law. Said order shall be served in writing upon the manager of the bingo game at the time the violation is observed and shall set forth the nature of the violation. Failure of the manager of the bingo game to cease such violation upon receipt of the cease and desist order is a misdemeanor punishable pursuant to Section 1.20.010A of this code. (Ord. 5041 º 4, 1994: prior code º 11-38.4)