CHAPTER 6. AMUSEMENTS.*
Sec. 6-60. Limitations.
(a) A nonprofit organization 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 purposes for which the organization is
organized.
(b) No minors shall be allowed to participate in any bingo
game.
(c) All bingo games shall be open to the public, not just to
the members of the nonprofit organization.
(d) A bingo game shall be operated and staffed only by members
of the nonprofit organization which organized it. 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.
(e) No individual, corporation, partnership, or other legal
entity except the organization authorized to conduct a game shall hold a
financial interest in the conduct of such bingo game.
(f) With respect to organizations exempt from the payment of
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 bank account
and shall not be commingled with any other funds. Such profits shall be used
only for charitable purposes. With respect to other organizations authorized to
conduct bingo games pursuant to this article, all proceeds derived from a bingo
game shall be kept in a special bank account and shall not be commingled with
any other funds. Such proceeds shall be used only for charitable purposes,
except as follows:
(1) Such proceeds may be used for prizes;
(2) A portion of the proceeds, not to exceed twenty percent of
the proceeds before the deduction for prizes, or two thousand dollars per month,
whichever is less, may be used for rental of property, overhead, including the
purchase of bingo equipment, administrative expenses, security equipment, and
security personnel;
(3) Such proceeds may be used to pay license fees.
(g) It is unlawful for any person to pay or receive a profit,
wage or salary from any bingo game authorized by this article.
(h) No person shall be allowed to participate in a bingo game
unless the person is physically present at the time and place at which the bingo
game is being conducted.
(i) The total value of prizes awarded during the conduct of
any bingo games shall not exceed two hundred fifty dollars in cash or kind, or
both, for each separate game which is held.
(j) No bingo game shall be conducted between the hours of
midnight and twelve noon.
(k) A licensee shall not conduct bingo more than three days
per week. No bingo session shall exceed six continuous hours and not more than
one bingo session shall be permitted in one day.
(l) The bingo license, rules and regulations provided by the
city and the licensee's rules of bingo operation shall, at all times, be posted
conspicuously at the public entrance to the room in which bingo is played. The
posted rules shall be readable, legible and accessible to all
participants.
(m) A member of the licensee organization shall be designated
as "bingo manager." The bingo manager shall be responsible for the conduct and
operations of the bingo game(s) and for the compliance of all applicable laws,
rules and regulations.
The bingo manager shall be present at all times during the
playing of any bingo game.
(n) All staff members of a bingo game shall wear on their
outside clothing an identification insignia or badge, no less than two and a
half inches by three and a half inches in dimension, indicating the name of the
organization and the name and title of the staff member.
(o) Prior to commencing each game, the prize shall be
announced and a facsimile of the type of game(s) to be played shall be clearly
displayed to all participants.
(p) All prizes shall be awarded immediately following each
bingo game.
(q) All games shall be completed during each
session.
(r) Bingo numbers selected in each game shall be announced to
all players and shall be displayed in full view of all players. An adequate
public address system shall be utilized.
(s) Equipment used and the method of playing bingo shall be
such that each card shall have an equal opportunity to win each game.
(t) Any advertising or publicity for bingo shall include
reference to the valid bingo license number issued by the police
department.
(u) At least two members of the licensed organization shall
jointly count all bingo proceeds. Such proceeds shall be deposited in a special
bingo account the next banking day.
(v) All disbursements from the special bingo account shall be
by consecutively numbered check and payable to a specific individual or
organization. There shall be written on each check the nature of the expenditure
for which the check is drawn. No check shall be drawn to "cash" or to a
fictitious payee.
(w) On or before the fifteenth of each month, the licensee
shall report to the finance department on a form prescribed by the finance
department, an accounting of all receipts and expenditures for the prior
calendar month. The accounting shall be accompanied by the additional license
fee for the month being reported as required by Section 6-57. Bingo financial
records shall be retained for not less than three years by the licensee and
shall at all times be available to the police department and to the finance
department of the city.
Bingo financial records of licensee shall at all times be
available to the police department.
(x) If a member of an eligible organization applying for a
license has been convicted of violating Section 326.5 of the Penal Code,
Sections 330 through 337.9, inclusive, of the Penal Code, the provisions of the
city bingo ordinance, or the provisions of any ordinance adopted by a city or
county of the state pursuant to Section 19 of Article IV of the State
Constitution and Section 326.5 of the Penal Code, or has been convicted of any
crime involving the theft of money and/or property, such member shall have no
control over the operation or participate in the staffing of the authorized
bingo game(s) or the disposition of proceeds derived therefrom. (Ord. No. 1653
(NCS), § 1; Ord. No. 1723 (NCS), § 6; Ord. No. 1910 (NCS) § 1 (C
-- E); Ord. No. 1966 (NCS), § 1; Ord. No. 2290 (NCS), §§ 4,
5.)