RIPON CITY COUNCIL
AGENDA ITEM & REQUEST FORM
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Reques t From: Request Date:
Mike Restuccia 03/19/2025
Requested Meeting Date:
April Council Meeting
Deadlines Associated with thi s }\ gencla Item:
Today
Desc ription or Agenda Item (need detailed inrormati on):
In 2/2015 the City Council approved a Bingo ordinance to com ply with State laws. Ripon ordinance goes beyond the State requirements and states in the following section "5 .08.190 No permittee Organization or Bingo Manager shall permit: B4 Any alcoholic beverage to be served or consumed in a room where a bingo game is conducted during or between the playing of games.
Recolllmencied Motion (i.e. ac tion you wallt Counci l to take. or are )'oujust presenti ng information, elc.):
Approve the modified Bingo Ord inance as presented .
The modification requested is that pa ragraph
5.08.190 Rules of operation B4 be eliminated.
Notes/Questions:
Sta te law 5.48.190 states Intoxi cated persons not to participate. "N o person who is obviously intoxicated shal l be allowed to participate in bingo." Appears by law t hey can be in the room, just not play. This is the on ly comment in State law that addresses the issue.
After 2 to 3 years of personal participation of the bingo ga mes at Spring Creek, I have never observed abuse of alcohol or creating any issues .
Please Subm it to:
Kevin Werner
Cit) Administrator
259 . \\'ilmCl Avenue
Ripon. CA 95366
" \\ erm.'r ct ,,:it \ 12ill1Q[~
Fa, (209 599-2685
Agenda request form
5.08.010
Chapter 5.08
BINGO
Sections:
5.08.010 Short title.
5.08.020 Authority for enactment.
5.08.030 Definitions.
5.08.040 Bingo games authorized; remote
caller bingo games authorized.
5.08.050 California Penal Code Section
326.3 incorportated.
5.08.060 California Penal Code Section
326.5 incorporated.
5.08.070 Permit required.
5.08.080 Application for permit.
5.08.090 Contents of permits.
5.08.100 Permit fee.
5.08.110 Duration of permit.
5.08.120 Investigation by police.
5.08.130 Change in facts must be reported.
5.08.140 Posting of permit and rules.
5.08.150 Operation and staffing of games.
5.08.160 Bingo manager.
5.08.170 Bingo manager permit.
5.08.180 Hours and days of operation.
5.08.190 Rules of operation.
5.08.200 Proceeds from games must be
kept in separate fund.
5.08.210 Inspection of premises.
5.08.220 Permit revocation.
5.08.230 Appeal.
5.08.240 Audi t and accounti ng
requirements.
5.08.250 Civil remedies and criminal
penalties.
5.08.010 Short title.
This Chapter may be cited as the City of Ripon
Bingo Ordinance. (Ord. 817 §1, 2015)
5.08.020 Authority for enactment.
This chapter is enacted pursuant to Article IV,
Section 19 of the California Constitution and Penal
Code sections 326.3 and 326.5. (Ord. 817 §2, 2015)
5.08.030 Definitions.
Unless specifically defined below, words or
phrases used in this Chapter shall be interpreted so
as to give them the meaning they have in common
usage and to give this Chapter its most reasonable
application:
“Bingo” has the meaning set forth in Penal Code
section 326.5 (o) as it now exists or may hereafter be
amended.
“Calendar week” means Monday through Sunday.
“City Administrator” means the City Administrator
of the City of Ripon or any person he or she
designates to enforce the requirements of this
Chapter.
“Conduct,” “operate” and “staff” all mean persons
directly involved in the conduct of a bingo game and
include, but are not limited to, calling numbers,
distributing cards, and the awarding of prizes.
“Permittee Organization” means an organization to
which the City Administrator has issued a permit to
conduct bingo games under this Chapter.
“Premises” means real property within the City on
which bingo games are or may be permitted under
this Chapter and which are: (I) owned or leased by
an organization, or property whose use of which is
donated to the organization, and (ii) which is used
by that organization for an office or for performance
of the purposes for which the organization is
organized. Premises need not be used or leased
exclusively by, or donated exclusively to, a
Permittee Organization.
“Remote Caller Bingo Game” has the meaning set
forth in Penal Code Section 326.3 (t) as it now exists
or may hereafter be amended.
“Security personnel” means one or more persons
exclusively employed to protect persons and
property at bingo games. (Ord. 817 §3, 2015)
5.08.040 Bingo games authorized; remote
caller bingo games authorized.
A. Nothing in this Chapter shall prohibit the
holding of any bingo games in compliance with the
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requirements of this Chapter by organizations
exempted from payment of the bank and corporation
tax by Sections 23701 (a), 23701 (b), 23701 (d),
23701 (e), 23701 (f), 23701 (g), 23791 (k), 23701 (l)
and 23701 (w), and of the Revenue and Taxation
Code, or by mobile home park associations and
senior citizens organizations, and school districts,
provided that the proceeds of such games are used
solely for charitable purposes.
B. Bingo games for charitable purposes are
authorized pursuant to Section 19, Article IV of the
California Constitution, and Penal Code section
326.5, and in accordance with the provisions of this
Chapter. Eligible organizations may apply for a
permit to conduct bingo games in the City under the
provisions of Penal Code Section 326.5 and the
provisions of this Chapter.
C. Remote Caller Bingo Games for charitable
purposes are authorized pursuant to Section 19,
Article IV of the California Constitution, and Penal
Code section 326.3. Remote Caller Bingo Games
shall be conducted in accordance with Penal Code
section 326.3 and this Chapter and only by
organizations exempted from payment of the bank
and corporation tax by Sections 23701 (a), 23701
(b), 23701 (d), 23701 (e), 23701 (f), 23701 (g),
23701 (k), 23701 (l) and 23701 (w), and of the
Revenue and Taxation Code, or by mobile home
park associations, senior citizens organizations, and
charitable organization affiliated with school
districts. In addition, no organization shall be
authorized to conduct Remote Caller Bingo Games
unless the organization (I) has been incorporated or
in existence for three or more years; and (ii) has a
City-issued permit to conduct bingo games.
(Ord. 817 §4, 2015)
5.08.050 California Penal Code Section 326.3
incorporated.
The provisions of Penal Code section 326.3 are
incorporated herein by this reference and apply along
with provisions of this Chapter to control Remote
Caller Bingo Games authorized by this Chapter. In
the event of any conflict between the provisions of
5.08.01050
this Chapter and Penal Code section 326.3, Section
326.3 shall control. (Ord. 817 §5, 2015)
5.08.060 California Penal Code Section 326.5
incorporated.
Notwithstanding the provisions of Penal Code
section 326.5 (a), the provisions of Penal Code
section 326.5 are incorporated herein by this
reference and apply along with provisions of this
Chapter to control bingo games authorized by this
Chapter. In the event of any conflict between the
provisions of this Chapter and Penal Code Section
326.5, the more restrictive provision shall control.
(Ord. 817 §6, 2015)
5.08.070 Permit required.
No person or organization may conduct or allow
another to conduct bingo games, and no person may
act as a Bingo Manager in the City without first
obtaining a permit from the City Administrator to do
so. (Ord. 817 §7, 2015)
5.08.080 Application for permit.
A. Applications for a permit to conduct bingo
games in the City must be in writing on a form
provided by the City Administrator and shall contain
the following information:
1. The name of the applicant organization and
evidence that the applicant is an eligible
organization under Section 5.08.040 of this Chapter;
2. The names, and addresses and signature of the
presiding officer of the applicant organization;
3. The name, address and signature of each person
designated as a “Bingo Manager” pursuant to
Section 5.08.160;
4. The mailing address of the applicant
organization;
5. The mailing and street addresses of the premises
on which bingo games will be conducted, together
with the occupancy load of the room or rooms in
which bingo will be played provided by the Fire
Code in effect in the City when the application is
made;
6. The proposed day or days of the week and hours
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during which the applicant organization proposes to
conduct bingo games;
7. A statement that the applicant agrees to conduct
bingo games in strict accordance with the provisions
of Penal Code Section 326.5 and this Chapter, as
they may be amended from time to time, and
understands that the City Administrator may revoke
the permit for a violation of any such provision;
8. A statement that the applicant(s) have read and
are familiar with the provisions of this Chapter and
will require all persons who operateor staff bingo
games to read and be familiar with all provisions of
this Chapter prior to operating or staffing bingo
games;
9. A statement that the applicant intends or does not
intend to conduct Remote Caller Bingo Games;
10. If applicable, a statement that the applicant
agrees to conduct Remote Caller Bingo Games in
strict accordance with the provisions of Penal Code
section 326.3 and this Chapter, as they may be
amended from time to time, and understands that the
City Administrator may revoke the bingo game
permit for a violation of any such provision;
11. If applicable, a valid and current license to
conduct Remote Caller Bingo Games issued by the
California Gambling Control Commission;
12. Such other information as may be required by
the City Administrator.
B. Such application shall be signed under penalty of
perjury by a person or persons with authority to bind
the applicant organization.
C. An applicant shall submit with an application a
Certificate of Determination of Exemption from the
California Franchise Tax Board showing that the
organization is exempt from tax under subsections
(a), (b), (d), (e), (f), (g), (k), (l) or (w) of Revenue and Taxation Code Section 23701, or a letter of good
standing from the Exemption Division of the
Franchise Tax Board showing an exemption under
one of said sections. This subsection shall not apply
to a mobile home park association, a senior citizens
organization, or a school district.
(Ord. 817 §8, 2015)
5.08.090
5.08.090 Contents of pemits.
Upon determining that an applicant is qualified
to conduct bingo games in the city, the City
Administrator may issue a permit stating:
A. The name and legal nature of the organization to
which the permit is issued;
B. The address of the premises on which bingo
games may be conducted;
C. The capacity of the room or rooms in which
bingo games may be conducted;
D. The date the permit expires;
E. Any Bingo Managers designated pursuant to
Section 5.08.160;
F. Any rules for the conduct of bingo games
imposed pursuant to Section 5.08.190; and,
G. Such other related information as may be
necessary or desirable for the enforcement of this
Chapter.
(Ord. 817 §9, 2015)
5.08.100 Permit fee.
Each initial application for an organization or
Bingo Manager Permit and any renewal request
related to such permit shall be accompanied by a fee
of $50 or such larger amount as may be established
by resolution of the City Council consistent with
Penal Code section 326.5 (l) as it now exists or may
hereafter be amended. If the applicant for a permit
is denied or the renewal thereof is denied, one-half
of such fee shall be refunded to the applicant.
(Ord. 817 §10, 2015)
5.08.110 Duration of permit.
A permit issued under this Chapter shall expire
one year after issuance or at such earlier time that
the permittee Organization no longer meets the
requirements of this Chapter. A Permittee may
automatically renew a permit by submitting the
permit fee. If there are any changes to the original
permit application, the Permittee shall submit a new
application. (Ord. 817 §11, 2015)
5.08.120 Investigation by police.
Upon the filing of an application for a permit, the
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City Administrator shall forward the application to
the Chief of Police for study and investigation. The
Chief of Police shall investigate all persons listed on the application. No person may operate or staff a
bingo game who has been convicted of
embezzlement, theft, fraud or gambling. Based on
the study and investigation, the Chief of Police shall
recommend to the City Administrator either denial or
approval of the permit application.
(Ord. 817 §12, 2015)
5.08.130 Change in facts must be reported.
A Permittee Organization or a permitted Bingo
Manger shall immediately report to the City
Administrator any change in the information
provided on an application for a permit under this
Chapter. Prior to conducting Remote Caller Bingo
Games, a Permittee Organization shall supplement
its permit application by providing the City with (I)
a statement that the Permittee Organization agrees to
conduct Remote Caller Bingo Games in strict
accordance with the provisions of Penal Code
section 326.3 and this Chapter, as they may be
amended from time to time, and understands that the
City Administrator may revoke the bingo game
permit for a violation of any such provision; and (ii)
a valid and current license to conduct Remote Caller
Bingo Games issued by the California Gambling
Control Commission.
(Ord. 817 §13, 2015)
5.08.140 Posting of permit and rules.
At all times during which bingo is played, the
Permittee Organization shall post conspicuously at
the public entrance tot he room or rooms in which
bingo is played: the Bingo Operator’s Permit
(including the Permittee Organization and Bingo
Manager information), any rules and regulations
established by the City Administrator for the conduct
of bingo games under the permit, and the Permittee
Organization’s rules of bingo operation. The posted
rules shall be legible and accessible to all players.
(Ord. 817 §14, 2015)
5.08.130
5.08.150 Operation and staffing of games.
A. Bingo games shall be operated and staffed
only by members of the Permittee Organization, who
shall not receive a profit, wage, or salary from any
bingo game.
B. Only the Permittee Organization shall operate
any bingo game or participate in the promotion,
supervision or conduct of bingo games.
C. This Section does not preclude a Permittee
Organization from employing or contracting another
to employ security personnel who are not members
of the Permittee Organization. Security personnel
shall not operate or staff bingo games.
(Ord. 817 §15, 2015)
5.08.160 Bingo Manager.
A. One or more members of the Permittee
Organization shall be designated as Bingo Managers
on an application for a permit under this Chapter and
on any permit issued under this Chapter. A
permitted Bingo Manger shall be present at all times
that a Permittee Organization conducts bingo games
and that Bingo Manager shall be responsible for the
conduct and operation of the bingo games and for
compliance with all applicable laws, rules and
regulations.
B. No person may be a Bingo Manager unless he or
she is a nonsalaried, noncompensated member of the
Permittee Organization for at least six months before
he or she is designated as a Bingo Manager.
(Ord. 817 §16, 2015)
5.08.170 Bingo Manager Statement.
An applicant for a Bingo Manager shall file a
written application in a format provided by the City
Administrator stating, in addition to such
information as may be required by the City
Administrator.
A. Neither the Bingo Manager nor the members of
the Permittee Organization will receive any profit,
wage or salary, or any other direct or indirect
consideration from any bingo game;
B. The Bingo Manager applicant has read and
understands all requirements of this Chapter for the
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conduct of bingo games in the City and accepts full
responsibility for the conduct of such bingo games
consistently with the requirements of this Chapter.
(Ord. 817 §17, 2015)
5.08.180 Hours and days of operation.
A. Except as provided in subsection B of this
Section, bingo games shall be conducted between
noon and midnight for a maximum of six hours per
day and no more than two days per calendar week by
any Permittee Organization or on any one premises
whether or not more than one organization is
permitted to conduct bingo games on those premises.
B. The City Administrator may issue a permit to
allow bingo games to be played over any consecutive
three-day period provided that such permit is granted
only once per calendar year to any Permittee
Organization. A request for a permit under this
subsection B shall be made on a form provided, and
as otherwise specified, by the City Administrator.
(Ord. 817 §18, 2015)
5.08.190 Rules of operation.
A. Except as provided in subsection C of Section
5.08.150, no person shall receive or pay profit, wage
or salary from the proceeds of any bingo game
conducted in the City. No person other than a
Permittee Organization shall have, hold or obtain
any financial interest in the conduct of bingo games.
B. No Permittee Organization or Bingo Manger
shall permit:
1. Any person to participate in a bingo game, unless
that player is present when the bingo game is
conducted, except for Remote Caller Bingo Games;
2. Any person to play any game of bingo on credit;
3. Any minor to play bingo;
4. Any alcoholic beverage to be served or consumed
in a room where a bingo game is conducted during
or between the playing of the games.
C. All persons who operate or staff bingo games
shall wear on the outside of their clothing an
identification insignia or badge, no less than two and
one-half by three and one-half inches in size, bearing
the name of the Permittee Organization and the name
5.08.080
and any title of the staff member.
D. Bingo games authorized under this Chapter shall
be conducted only on premises identified on the
permit to which they are conducted.
E. Bingo games shall be open to the public and may
not be limited to the members of the Permittee
Organization. (Ord. 817 §19, 2015)
5.08.200 Proceeds from games must be kept in
separate fund.
A. 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 of
the Permittee Organization, except as provided in
Subsection B of this Section.
B. Any Permittee Organization other than an
organizations exempt from the bank and corporation
tax under Section 23701 (d) of the Revenue and
Taxation Code, shall use the proceeds of bingo
games only for the charitable purposes of the
Permittee Organization or as follows:
1. Such proceeds may be used for prizes and to pay
permit and application fees under this Chapter; and
2. The portion of such proceeds specified by Penal
Code section 326.5 may be used for rental property;
overhead, including the purchase of bingo
equipment; administrative expenses; security
equipment; and security personnel.
(Ord. 817 §20, 2015)
5.08.210 Inspection of premises.
A. No person shall interfere with, prevent or
refuse to permit a duly authorized representative of
the City Administrator, the Ripon Consolidated Fire
District or any peace officer to inspect any place in
which bingo games or remote caller bingo games are
conducted in the City, whether or not bingo games
or Remote Caller Bingo Games are being conducted
at the time of the inspection.
B. Failure to allow, or interference with, an
inspection constitutes a violation and shall be
grounds for revocation of a permit or denial of a
bingo application or permit. (Ord. 817 §21, 2015)
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5.08.220 Permit revocation.
A. Whenever it shall be shown or whenever the
City Administrator has knowledge that a permittee,
or agent thereof, has violated any of the provisions
of this Chapter, the City Administrator shall
immediately suspend the permit and give the
organization or Bingo Manager written notice
(“Notice of Suspension”) by registered mail of the
suspension and a brief statement of the reasons
therefor.
B. Upon receipt of the Notice of Suspension, the
organization or Bingo Manager shall cease from
conducting any bingo game or Remote Caller bingo
Game, and the failure to do so shall constitute a
separate and further violation of this Chapter.
(Ord. 817 §22, 2015)
5.08.230 Appeal.
A. In the event of any finding or decision of the
City Administrator which is adverse to the
application of an organization or Bingo Manager for
a permit or renewal thereof under this Chapter, or if
a permit is suspended or revoked, the organization or
Bingo Manager may appeal to the City Council,
provided, that such appeal is filed with the City
Clerk within fifteen calendar days from the date of
the finding or decision of the City Administrator.
The City Administrator shall notify the organization
or Bingo Manager of this right to appeal. The
finding or decision shall be mailed by registered
mail, to the organization or Bingo Manager at the
address which appears on the application for a
permit or renewal thereof.
B. Failure of the City Administrator to receive a
timely request for an appeal constitutes a waiver of
the right to contest the finding or decision. Unless a
timely appeal is filed, a finding or decision of the
City Administrator shall be final.
C. Within forty-five (45) calendar days of the filing
date of an appeal, the City Council shall conduct a
hearing on the appeal. The City shall give the
appellant at least five calendar days’ mailed notice of the date, time, and location of the hearing at the
address(es) specified on the appeal. The failure of
5.08.220
any appellant to receive a properly addressed notice
of hearing shall not invalidate any action or
proceeding by the City pursuant to this Chapter.
D. Appeal hearings are informal, and formal rules
of evidence and discovery do not apply. Within ten
calendar days after conclusion of the hearing, the
City Council shall render its decision. The decision
of the City Council shall be a final decision.
E. The failure of any appellant to appear at the
hearing without such cause as the City Council may
deem sufficient to justify a continuance shall
constitute a default and the finding or decision of the City Manager shall thereupon be final.
(Ord. 817 §23, 2015)
5.08.240 Audit and accounting requirements.
A. Prior to July 31 and prior to January 31 of st st
each year, a Permittee Organization shall, at its own
expense, submit in a format approved by the City
Administrator a report of gross revenues, expenses
and other information reasonably required by the
City Administrator to enforce this Chapter. A
Permittee Organization shall annually submit to the
City Administrator a copy of its Federal tax return
not later than sixty calendar days after that return is filed with the Internal Revenue Service.
B. A Permittee Organization shall maintain
complete and accurate records of income received
from, and prizes and other expenses disbursed in
connection with the operation and staffing of bingo
games.
C. The City Administrator may at any time demand
a complete and detailed accounting of the records
required under subsection B of this Section and any
other data or information pertaining to the operation
of bingo games maintained by a permitted
organization. The City Administrator may subject
that accounting and such data and information to, an
agreed upon procedures examination, audit, and/or
any other accounting review which may extend to,
without limitation: (I) proceeds from the operation of
bingo games, (ii) an accounting of the number of
players and number of games played over a
designated period, (iii) an inspection of bingo cards,
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funds, equipment or any other records or
documentation in connection with the operation of
games over a designated period, or (iv) a
documentation of the charitable use of the proceeds
of bingo games;
D. Such detailed accounting or further data or
information shall be provided at the expense of the
Permittee Organization if, in the sole discretion of
the City Administrator, such detailed accounting or
further data or information is necessary for the
enforcement of this Chapter.
E. In the event a Permittee Organization fails to
render an accounting or provide information
pursuant to the provisions of this Section within sixty calendar days of the City Administrator’s request,
5.08.250
the City Administrator may suspend that
organization’s permit until the requested accounting
or information is provided.
(Ord. 817 §24, 2015)
5.08.250 Civil remedies and criminal penalties.
The city attorney may bring an action to enjoin a
violation of this Chapter.
A violation of subsection A of Section 5.08.160 and
Penal Code section 326.3 © shall be punishable by
a fine not to exceed ten thousand dollars, which fine
shall be deposited in the General Fund of the City.
A violation of any other provision of this Chapter
constitutes a misdemeanor punishable under Section
1.08.020 of this Code. (Ord. 817 §25, 2015)
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Sections:
5.48.010 Permitted for certain organizations.
5.48.020 Definitions.
5.48.030 License - Required.
5.48.040 License -Application - Contents.
5.48.050 Applicant must be qualified.
5.48.060 Investigation of applicant.
5.48.070 Contents of applications.
5.48.080 License - Suspension - Revocation.
5.48.090 License - Alternative to revocation.
5.48.100 License - Revocation - Appeal.
5.48.110 Maximum amount of prize.
5.48.120 Profits to be kept in separate fund or account.
5.48.130 Financial interest in licensee.
5.48.140 Exclusive operation by licensee.
5.48.150 Bingo games open to public.
5.48.160 Attendance limited to occupancy capacity.
5.48.170 Bingo games conducted only on licensee's property.
5.48.180 Minors not to participate.
5.48.190 Intoxicated persons not to participate.
5.48.200 Hours of operation.
5.48.210 Participant must be present.
5.48.220 Receipt of profit by a person a misdemeanor under State law.
5.48.230 Peace officer access.
5.48.240 City may enjoin violation.
Prior legislation: Ords. 564 and 661.
5.48.010 Permitted for certain organizations.
A. Pursuant to the conditions and restrictions of California Penal Code Section 326.5, bingo shall be permitted to be played in the City only for the benefit of organizations included by the provisions of Penal Code Section 326.5(a).
B. Pursuant to the conditions and restrictions of California Penal Code Sections 326.3 and 326.4 and this chapter, remote caller bingo shall be permitted to be played in the City for the benefit of organizations included by the provisions of Penal Code Section 326.3(b). [Ord. 1274 § 1, 2010; Ord. 1001 § 12, 1995. Code 1987 § 5.29.010].
5.48.020 Definitions.
UBingo" 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. It shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person Chapter 5.48
BINGO
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participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend: "For sale or use only in a bingo game authorized under California law and pursuant to local ordinance."
"Remote caller bingo" or "remote caller bingo game" means a game of bingo announced by a natural person present at the site at which the live game is conducted, and the organization conducting the bingo game uses audio and video technology to link any of its in-state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased, or rented by that organization. [Ord. 1274 § 2, 2010; Ord. 1001 § 12, 1995. Code 1987 § 5.29.020}.
5.48.030 License - Required.
A. No bingo shall be played without a valid and unexpired license.
B. Only those organizations set forth in Penal Code Sections 326.3 and 326.5 are eligible to apply for a bingo license. Eligible organizations shall file a written application for a bingo license with the City on a form provided thereby.
C. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee.
D. A license issued to an organization set forth in Penal Code Section 326.3 allowing for remote caller bingo shall be subject to the following conditions:
1. Bingo games shall not be conducted by any licensee on more than two days during any week, except that a licensee may hold one additional game, at its election, in each calendar quarter.
2. The licensed organization is responsible for ensuring that the conditions of this chapter and Sections 326.3 and 326.4 of the Penal Code are complied with by the organization and its officers and members. [Ord . 1274 § 3, 2010; Ord. 1001 § ~2, 1995. Code 1987 § 5.29.030].
5.48.040 License - Application - Contents.
A. Said application for license shall contain the following:
1. The name of the applicant organization and a statement that the applicant organization is eligible to apply for a license under the terms of State law and this chapter;
2. The name and signature of at least two officers, including the presiding officer of the organization;
3. The address of the particular property within the City which is owned or leased by the applicant, used by the applicant for an office or for performance of the purposes for which the applicant organized, and on which bingo will be conducted, together with the occupancy capacity of such location;
4. Proposed hours and days of operation;
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5.a. A statement that the applicant agrees to conduct bingo in strict accordance with the provisions of California Penal Code Section 326.5 and this chapter, as either may be amended from time to time; b. With respect to remote caller bingo, an additional statement that the applicant also agrees to conduct bingo in strict accordance with the provisions of California Penal Code Sections 326.3 and 326.4, and this chapter, as either may be amended from time to time; c. A statement that the applicant agrees that the license may be revoked by the City upon violation of any such provisions;
6. Proof that the applicant organization has owned or leased property within the City that was used by the applicant for an office or for performance of the purposes for which the organization is organized, for a period of at least 12 months immediately preceding the filing of such application, and the property upon which any bingo game is to be conducted is property so owned or leased by the applicant;
7. Written verification from the Community Development Department of the City that there is improved vehicular access to the premises wherein a bingo game is to be conducted and that such premises contain offstreet vehicle parking facilities on the basis of not less than one pari<ing space for each two seats, one seat being defined as an area of seven and one-half square feet;
8. Written verification from the Community Development Department of the City that the operation of such game or games is in compliance with LEMC Title 17.
B. The application shall be signed by the applicant under penalty of perjury.
C. The application process fee and annual license fee as set by resolution shall accompany the application. If an application for a license is denied, onehalf of the license fee shall be refunded.
D. A certificate of determination of exemption under Section 23701 of the California Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing such exemption shall accompany the application.
E. A certified list of officers from the Secretary of State, which shows the status of the organization. [Ord. 1274 § 4, 2010; Ord. 1001 § 12, 1995. Code 1987 § 5.29.040].
5.48.050 Applicant must be qualified.
No license shall be issued to any organization unless such applicant is an eligible organization under LEMC 5.48.01 0, and its application conforms to the requirements, terms and conditions of this chapter. [Ord. 1001 § 12, 1995.
Code 1987 § 5.29.050].
Agenda request form
5.48.060 Investigation of applicant.
Upon receipt of the completed application, fees, and exemption information, the City Manager shall refer the same to interested departments of the City, including, but not limited to, City Attorney, Sheriff Department, and the Fire Department, for investigation as to whether or not all of the statements in the application are true, and whether or not the property of the applicant qualifies and the extent to which it qualifies as property on which bingo games may lawfully be conducted as to fire, occupancy, and other applicable restrictions. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.060}.
5.48.070 Contents of applications.
Upon a satisfactory conclusion of this investigation, the City Manager shall issue a license to the applicant. The license shall contain the name and nature of the organization to whom the license is issued, the address where bingo is authorized to be conducted, the occupancy capacity of the room or rooms in which bingo is to be conducted, the expiration date of the license, and such other information as may be necessary or desirable for the full enforcement of the provisions of this chapter. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.070].
5.48.080 License- Suspension - Revocation.
A. If a licensee is conducting bingo or allowing bingo to be conducted in violation of any provision of this chapter. the City Manager shall have the authority to suspend the license summarily and order the licensee to cease and desist from any further operation of bingo within the City.
B. An order and suspension issued under this chapter shall also notify the licensee that it shall have five days from the date of the order to request a hearing to determine whether such license shall be revoked. If no such hearing is requested within this five-day period, the license shall be revoked.
C. Within 10 days after receipt of a timely hearing request by the licensee, the City Manager shall provide and conduct such a hearing. At this hearing, the suspended licensee may appear for the purpose of presenting evidence and information tending to show why the license should not be revoked.
D. No license shall be revoked under subsection (C) of this section unless notice of the time and place of the hearing has first been given at least five days before the hearing by depositing in the U.S. mail a notice directed to the suspended licensee at the address given in licensee's application. Notice shall set forth a summary of the grounds advanced as the basis for the suspension and revocation.
E. An organization whose license is revoked under this section shall conduct no bingo in the City unless the City Council, on appeal, sets aside the license revocation. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.080].
5.48.090 License - Alternative to revocation.
A. If the licensee is conducting bingo in violation of any provisions of this chapter, or the license was obtained by fraudulent representations, and if no summary suspension is ordered under LEMC 5.48.080, the license may be revoked; provided, however, that the licensee may appear before the City at --------------------------------------------------------------------------------~ Agenda request form
the time set by the City for the purpose of presenting evidence and information why the license should not be revoked.
B. No license shall be revoked under this section unless written notice has first been given at least five days before the hearing by depositing 1n the U.S. mail a notice directed to the suspended licensee at the address given in licensee's application. Notice shall set forth a summary of the grounds advanced as the basis for the suspension and revocation.
C. An organization whose license is revoked under this section shall conduct no bingo in the City unless the City Council, on appeal, sets aside the license revocation. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.090].
5.48.1 00 License - Revocation -Appeal.
A. A licensee whose license is revoked shall have the right within 15 days after notice of revocation is mailed pursuant to this chapter to file a written appeal with the City Council. This appeal shall set forth the specific grounds on which it is based. The City Council shall hold a hearing on this appeal within 30 days after its receipt by the City, or at such time as is thereafter agreed upon, and shall cause the appellant to be given at least 10 days' written notice of such City Council hearing. At this hearing, the appellant or its authorized representative shall have the right to present evidence, information and argument in support of the appeal. The determination of the City Council on the appeal shall be final.
B. An organization whose license is revoked by the City Council may not apply again for a license to conduct bingo in the City for a period of two years from the date of such revocation; provided, however, that if the ground for revocation is cancellation of the exemption for the organization under Section 23701 of the California Revenue and Taxation Code, such organization may apply again for a license upon satisfactory proof of reinstatement of this exemption. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.100].
5.48.110 Maxi mum amount of prize.
Except as may be provided pursuant to LEMC 5.48.010(8), the total value of prizes awarded during the conduct of any bingo games shall not exceed $500.00 in cash or kind, or both. for each separate game which is held. (Ord. 1274 § 5, 2010; Ord. 1001 § 12, 1995. Code 1987 § 5.29.110].
5.48.120 Profits to be kept in separate fund or account.
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. The licensee shall keep full and accurate record of the income expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this chapter.
The City, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and the licensee shall fully cooperate with the City by making such record available. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.120].
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5.48.130 Financial interest in licensee.
No individual, corporation, partnership or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.130].
5.48.140 Exclusive operation by licensee.
A bingo game shall be operated and staffed only by a member of the licensee organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.140].
5.48.150 Bingo games open to public.
All bingo games shall be open to the public, not just to the members of the licensee organization. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.150].
5.48.160 Attendance limited to occupancy capacity.
Notwithstanding the requirement of Penal Code Section 326.5 that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department and Building Department of the City in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.160].
5.48.170 Bingo games conducted only on licensee's property.
A licensee 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. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.170}.
5.48.180 Minors not to participate.
No person under the age of 18 years shall be allowed to participate in any bingo game. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.180].
5.48.190 Intoxicated persons not to participate.
No person who is obviously intoxicated shall be allowed to participate in a bingo game. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.190].
5.48.200 Hours of operation.
No licensee shall conduct any bingo game more than six hours out of any 24- hour period. No bingo game shall be conducted before 10:00 a.m. nor after 2:00a.m. of any day. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.200}.
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5.48.210 Participant must be present.
No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place where the remote caller bingo game is being conducted. A person shall be deemed to be physically present at the place where the remote caller bingo game is being conducted if he or she is present at any of the locations participating in the remote caller bingo game in accordance with this chapter. [Ord. 1274 § 6, 201 0; Ord 1001 § 12, 1995.
Code 1987 § 5.29.210].
5.48.220 Receipt of profit by a person a misdemeanor under State law.
It is a misdemeanor under Section 326.5(b) of the Penal Code of the State for any person to receive a profit, wage, or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the City. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.220].
5.48.230 Peace officer access.
Any peace officer of the City shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game. [Ord. 1001 § 12. 1995. Code 1987 § 5.29.230].
5.48.240 City may enjoin violation.
The City may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this chapter. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.240].
This page of the Lak e El sino re Municipal Code is current thro ugh Ordinance 1285, passed August 24, 2010.
Disclaimer· The City Clerk's Office has the official version of the City Telephone: (951 ) 674 -31/4 Lake Elsinore Municrpal Code. Users should contact the City Cnde Publish1ng C· 1111 "rw Clerk's Office for ordinances passed subsequent to t he (http·; /www c-ndepuhl!shlng com/) ordinance cil ed above.
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