ORD-08-86 PERTAINING TO BINGO GAMESll_______ORDINANCE NO.
8-86 ANORDINANCEOF
THE CITY COUNCIL
OF THE CITY OF ORANGE AMENDING CHAPTER 9.
12 AND ADDING CHAPTER 5.95 OF
THE ORANGE MUNICIPAL CODE PERTAINING TO BINGO GAMES.
WHEREAS, California Penal Code Section 326.
5 allows a city or a county to adopt
an ordinance allowing bingo games to be conducted by certain organizations
exempted from paying bank and corporation taxes in
accordance with the California Revenue and Taxation Code; and
WHEREAS, the City Council finds that
many cities and counties have adopted ordinances permitting bingo
games to be conducted without adversely affecting the
health, safety and general welfare of their citizens;
and WHEREAS, the City Council determines that
the require-ments and safeguards set forth in
Penal Code Section 326.5 and in this Ordinance will provide
reasonable protection to the citizens of Orange.WHEREAS, this
Ordinance also amends Sections
9.12.010 and 9.12.020 of the
Orange Municipal Code to specifically except bingo games from those games
of change in which it is illegal to participate or to
be present where conducted.THE CITY COUNCIL OF THE CITY
OF ORANGE ORDAINS AS FOLLOWS:Section I:Amend Sections 9.
12.
010 and
9.12.020 of the Orange Municipal Code to read as follows:
9.12.010 partici ation in
Certain Games of Chance Prohi ~ted. It ~s unlawful or
any person to ea, pay,carryon, open, or cause to be
opened, or to conduct,either as owner or employee, whether
for hire or not, any game of draw poker including lowball
poker, cribbage, pool,billiards, or any game not specified
in sections 330 or 330(a) of the Penal Code
which is played with cards, dice,billiard balls, pool balls, cues, or
other device for money,checks, credit, representative of value or "
thing of value"as defined in Section 330.2
of the Penal Code, except as provided in Chapter 5.95 of
this Code.
9.12.020 Being Present at Premises Where Certain
Games of Chance are Conducted Prohibited. It is unlawful
for any person knowingly to be present or knowingly to
remain at or within any residential structure, building,
stand, or place:
A. Used for gambling, except as provided in Chapter
5.95 of this Code.
B. Where any of the gam~s described in Section 330 of
the Penal Code or Section 9.12,.010 are played for money,
checks, credit, representative of value, or "thing of value"
as defined in Section 330.2 of the Penal Code.
Section II:
Chapter 5.95 is hereby added to Title 5 of the Orange
Municipal Code to read as follows:
Chapter 51.95
BINGOi
5.95.010 Definition of B~ngo. As used in this Chapter,
Bingo" shall mean a game of chance in which prizes are
awarded on the basis of design~ted numbers or symbols on a
card which conform to numbers pr symbols selected at random
and which game is either:
A.
paid, or
right to
Conducted among persons all or any of whom have
promised to pay, any Valuable consideration for the
participate in such game; or
B. Conducted among persons none of whom has paid, or
promised to pay, any valuable consideration for the right to
participate in such game where, the total value of the prizes
awarded in such game exceeds a value of Twenty-five ($25.
00)
Dollars.5.95.020 Bingo Games--Permit Required. It
shall be unlawful for any person, firm, corporation
or organization to permit, conduct, organize, operate or participate
in any bingo game except where such game is authorized
and permitted in accordance with the provisions of
this Chapter.ORD 8-86
I
5.95.030 Organizations Eligible for Permit to Conduct
Bingo Games. Only a corporation, organization, group,
commun~ty chest or trust which is exempted from the payment
of the bank and corporation tax by Sections 23701(a), 23701(b),
23701(d), 23701(e), 23701(f), 23701(g) or 23701(1) of the
Revenue and Taxation Code, any mobilehome park association,
or any senior citizens organization shall be eligible to
apply to the City for a license to conduct bingo games in
the City of Orange under the provisions of this Chapter and
Section 326.5 of the Penal Code provided said applicant has
owned or leased property or property whose use is donated to
the permittee within the City of Orange that has been used
by the applicant as an office or for the performance of the
purposes for which the applicant is organized for at least thirty-
six (36) consecutive months immediately preceding the filing
of such application.
5.95.040 Permit--Application. Eligible
organizations desiring to obtain such a permit to conduct bingo games
in the City shall complete an application on forms furnished
by the Business Services Coordinator which will satisfy
the requirements of Section 5.32.010 of this Code. The
completed application shall be filed with the Business Services
Coordinator.A. The applicant shall also submit with its
application,a Certificate or Determination of Exemption, and a letter
of good standing from the Exemption Division of the
Franchise Tax Board in Sacramento, showing exemption from the
payment of the bank and corporation tax under Sections 23701(
a),23701 (b), 23701 (d), 23701 (e), 23701 (f), 23701 (g) or 23701 (
1)of the Revenue and Taxation Code of the State of
California,and a description of the charitable purposes for which
all profits will be
used.B. Each new application and annual renewal shall
be accompanied by an annual permit fee of Fifty ($50.00)
Dollars,one-half of which shall be refunded to the applicant
if the permit
is denied.c. Concurrent with the filing of
the completed application with the Business Services
Coordinator, the applicant shall file a statement specifying the
names and addresses of two (2) persons who shall be
authorized to manage, supervise and be responsible for the conduct
of all bingo games by the applicant. One person shall
be designated the Bingo Manager and the other person, the
Alternate Bingo 3 -ORD 8-
Manager. Either the Bingo Manager or the Alternate Bingo
Manager shall be on the premises at all times during which
bingo games are being conducted. The persons designated as
Bingo Manager and Alternate Bingo Manager shall furnish
signed statements accepting their responsibilities. There
shall be a extraordinary fee for the Bingo Manager and a
extraordinary fee for the Alternate Bingo Manager. In the
event any other person is designated Bingo Manager or Alternate
Bingo Manager, the permittee shall file a new statement and
pay the fee specified in this Section.
5.95.050 Investigation of Applicant. The Chief of
Police, through the Business Services Coordinator, shall
cause the completed application to be referred to interested
departments of the City for investigation as to whether or
not all of the statements in the application are true and if
the property on which the bingo games will be conducted
satisfy fire, occupancy, zoning and other applicable require-
ments.
5.95.060 Standards for Granting Permit. A. The Chief
of Police shall approve or deny the permit based upon the
grounds set forth in Section 5.32.080 of the Orange Municipal
Code and the location where the applicant intends to conduct
bingo games complies with all applicable health, safety and
zoning requirements. Approval or denial of the permit shall
be completed within forty-five (45) days after a
properly completed application has been submitted by the
applicant.
B.issue
the the
Chief The Business Services Coordinator shall
thereafter permit when the application has been approved
by of Police and the required fees have been
paid.5.95.070 Permit Denial. If the Chief of
Police,following an investigation, determines that the
applicant does not fulfill the requirements for a permit, the
permit shall be denied. Notice of denial and the right to
hearing before the City Manager shall be as provided in
Section 5.32.070 of the Orange Municipal
Code.5.95.080 Revocation of Permit. The grounds
for revoking a permit to conduct bingo games and the
appeal process in the event of such revocation shall be as
set forth in Chapter 5.34 of the Orange Municipal Code.
However,if the grounds for revocation is cancellation of the
exemption granted under any applicable section of the Revenue
and Taxation Code, such organization may again immediately
apply for a license upon proof of reinstatement of said
exemption.ORD 8-86 4 -
c.II--~_______
5.95.085 Summary Suspension of Permit Pending
Opportunity for Hearin~. A. Whenever suffic~ent evidence
is presented to the Ch~ef of Police that the permittee is
conducting a bingo game in violation of any of the provisions
of this Chapter, the Chief of Police shall have the authority
to summarily suspend the permit and order the permittee to
immediately cease and desist any further operation of any
bingo game.
B. Any person who continues to conduct a bingo game
after any summary suspension thereof under Subsection A
shall be guilty of a misdemeanor and upon conviction thereof
shall be punishable by a fine not exceeding Five Hundred
500.00) Dollars or by imprisonment in jail for a period
not exceeding six (6) months, or by both such fine and
imprisonment.
C. A permittee so suspended shall be entitled to the
revocation hearing and appeal process set forth in Chapter
5.34 of the Orange Municipal Code.
5.95.090 Terms and Conditions. The terms and conditions
governing business perm~ts as set forth in Chapter 5.32 of
this Code shall be applicable for permits to conduct bingo
games.
5.95.100 Monthly Fee. A fee equal to one (1) percent
of the monthly gross receipts over Five Thousand ($5,000)
Dollars derived by permittee from bingo games for the
immediately preceding calendar month shall be paid to the
City by permittee. Said fee shall be paid to the City
monthly on or before the fifteenth (15th) day of each month
and shall be submitted to the Business Services Coordinator,
together with the monthly report of receipts and expenditures.
5.95.110 Monthly Report of Receipts and Expenditures.
On or before the fifteenth (15th) day of each month, the
permittee shall report in writing to the Business Services
Coordinator on forms provided by the Business Services
Coordinator for such purpose, an accounting of all bingo
game receipts and expenditures for the immediately preceding
calendar month.
5.95.120 Quarterly Financial Report. The permittee
shall submit a quarterly financial report to the Chief of
Police on forms furnished by the Orange Police Department.
For the period ending March 31, the report shall be submitted
5 -ORD 8-86
i--
on or before April 15; for the period ending June 30, the
report shall be submitted on or before July 15; for the
period ending September 30, the report shall be submitted on
or before October ~5; and for the period ending December 31,
the report shall be submitted on or before January 15.
5.95.l30 Inspection of Records. It shall be the duty
of every permittee to keep and preserve, for a period of
three (3) years, all records, ledgers and accounts relating
to the proceeds and expenditures, and the distribution of
all profits derived from the bingo game as are necessary to
determine or establish compliance with the provisions of
this Chapter, which records, ledgers and accounts shall be
made available by the permittee to the Chief of Police or
Business Services Coordinator, or their designated represen-
tatives, at all reasonable times upon demand. Photocopies
of said records, ledgers and accounts shall be provided to
the Chief of Police or Business Services Coordinator by
permittee, upon demand, at no charge to the City.
5.95.140 Exclusive Operation by Permittee. A. A
bingo game shall be operated, conducted and staffed only by
members of the permittee organization. Each permittee
organization shall keep and maintain a current roster contain-
ing the names of all of its members, which roster shall be
conspicuously posted on the premises where such games are
conducted and shall be open to public inspection at all
times during the hours such games are conducted. Such
members shall not receive profit. waqe. salarv or other
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5.95.150 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 of California for any
person to receive or pay a profit, wage or salary except
security personnel, from any bingo game authorized under this
Chapter,except a violation of which is punishable by a fine not
to exceed Ten Thousand ($10,000) Dollars which fine shall
be deposited in the general fund of the City of Orange.
A violation of any other provisions of this Chapter shall be
a
misdemeanor.5.95.160 Staff Member Identification. Any
person participating in the operation, conduct or staffing of
any bingo game shall wear on his or her outside clothing,
in plain view, an identification insignia or badge with
his photograph and specifying the full name and title of
such person and the name of the permittee organization.
Said insignia or badge shall be no less than 2 1/2" x 3 1/2"
in size and shall be furnished by permittee, except
Bingo Manager or Alternate Bingo Manager, whose badges shall
be furnished by the Orange Police
Department.5.95.170 Da S and Hours of Operation. A permittee
may conduct b~ngo games on not more than one 1) day during
any seven (7) day period for a maximum of six (6) hours in
that day. This limitation shall preclude a permittee
from conducting bingo games on on~ (1) or more days during
said seven (7) day period at any other location or
locations within the County of Orange pursuant to any other permits
or licenses issued by any other city in Orange County, or
by the County of Orange. Once during each calendar year,
the Chief of Police may permit a permittee to conduct
bingo games for more than one (1) day during any seven (7)
day period, provided that such permission shall be limited
to bingo games which will be conducted in conjunction with
an established annual event regularly held by the
permittee,such as an annual festival, bazaar or similar event.
A permittee may not conduct bingo games between the hours
of twelve midnight and 10:00 a.m. of any
day.5.95.
180 be allowed
to is
physically bingo game
is Participant Must Be Present. No person
shall participate ~n a bingo game unless the
person present at the time and place in which
the being
conducted.5.95.
190 be open to
the
organization.Bingo Games Open to Public. All games
shall public, not just to the members of the
permittee 7 -ORD 8-86
5.95.200 Attendance Limited to Occupancy Capacity.
Notwithstanding 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 Division of
the City of Orange in accordance with applicable laws and
regulations. Permittee shall not reserve seats or space for
any person. In no event shall permittee allow in excess of
five hundred (500) persons to participate in any bingo game.
5.95.210 Bingo Games Conducted Only on Licensee's
Prope~ty. A permittee shall conduct a bingo game only on
property owned, leased by it or property whose use is donated
to the permittee, and which property is used by such organization
for an office or for performance of the purposes for which
the organization is organized. The permit 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 permittee is organized, the
permit shall have no further force or effect. A new permit
may be obtained by an eligible organization, upon application
under this Chapter, when it again owns, leases property or
in possession of property whose use is donated to the permittee
and used by it for an office or for performance of the
purposes for which the organization is organized provided
that said permit was valid at the time of relocation.
Nothing in this Section shall be construed to require
that the property owned, leased by it or property whose use
is donated to the permittee, be used or leased exclusively
by such permittee; provided, however, that said property
shall in no event be used for the conduct of bingo games
more often than one (1) day out of any seven (7) day period,
nor more than six (6) hours out of each such day, regardless
of the total number of permittees utilizing said property.
5.95.220 Minors Not to Participate. No person under
the age of eighteen (18) years of age shall be allowed to
participate in any bingo game.
5.95.230 Intoxicated Persons Not to Participate. No
person who is obviously intoxicated shall be allowed to
participate in a bingo game.
ORD 8-86 8 -
1
5.
95.240 False or Misleading Advertising. It shall be unlawful
for any person, firm, corporation or association,with
intent directly or indirectly to induce, encourage or sOlicit
any person to participate in any bingo game or games authorized
pursuant to this Chapter, to make or disseminate or
cause to be made or disseminated before the pUblic in this
City, in any newspaper or other publication, or any advertising
device, or by public outcry or proclamation, or any
other manner or means whatsoever, any statement concerning any
such bingo game including, but not limited to, the amount
of prizes to be awarded or distributed in any game,which
is untrue or misleading, and which is known or which,by
the exercise of reasonable care, should be known to be untrue
or misleading.5.
95.250 Profits to Be Kept in Separate Fund or Account.A.
All profits derived from any bingo game by any organization
exempt from payment of the bank and corporation tax
by Section 23701(d) of the Revenue and Taxation Code shall
be kept in a special fund or account and shall not be commingled
with, or transferred to, any other fund or account of
said licensee organization. Such profits shall be used only
for charitable purposes.B.
with respect to other organizations authorized to conduct
bingo games pursuant to this Chapter, all proceeds derived
from a bingo game shall be kept in a special fund or account
and shall not be commingled with, or transferred to,any
other fund or account of said licensee organization.Proceeds
are the rec~ipts of bingo games conducted by organiza-tions
not within Subsection A above. 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 twenty 20%)
percent of the proceeds before the deduction of prizes,or
One Thousand ($1,000) 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.9 -
ORD 8-86
5.95. 26.0. D~sbursement of Funds. All disbursements
from the bingo account shall be by consecutively numbered
checks signed by two (21 authorized officers of the permittee
and shall be made payable to a specific individual and
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 a fictitious payee.
5.95.270 Financial Interest in Permittee Only. No
individual, corporation, partnership or other legal entity
except the permittee shall hold a financial interest in the
conduct of such bingo game.
5.95.280 Maximum Amount of Prize. The total value of
prizes awarded during the conduct of any bingo games shall
not exceed Two Hundred Fifty ($250.001 Dollars in cash or
kind, or both, for each separate game which is held. Each
progressive play in a series which continues to utilize and
count any number symbols called and utilized in a previous
part of said progression shall be deemed part of the same
bingo game for purposes of this Section, even though a
separate prize may be awarded for each part of said progres-
sion.
5.95.290 Award of Prizes. A. All prizes for each
bingo game shall be awarded immediately following the
conclusion of play of such bingo game.
B. Each patron in attendance at any bingo game who
wins Fifty ($50.00) Dollars or more in cash or prizes from
any single bingo game shall be required to submit his or her
full name, address and telephone number to the Bingo Manager,
Alternate Bingo Manager, or a designated staff representative
prior to the award of such cash or prizes. Permittee shall
inform all patrons of this requirement prior to the commence-
ment of each bingo session. Said cash or prizes shall not
be awarded to any person by permittee unless and until such
person complies with the requirements of this Section. All
such information shall be kept strictly confidential by
permittee and shall be made available only to the City of
Orange upon request by the Chief of Police or his designated
representative.
5.95.300 City May Enjoin Violation. The City of
Orange may bring an action in a court of competent juris-
diction to enjoin a violation of Section 326.5 of the Penal
Code or of this Chapter.
ORD 8-86 10 -
5.95.310 Regulation of Games and Equipment. The Chief
of Police may prescribe such regulat~ons with respect to the
conduct of the games and the equipment and cards used by the
permittee as he deems necessary to ensure the fairness and
integrity of the games, and the accountability of the funds
collected.
Section III:
A summary of this Ordinance shall be published and a
certified copy of the full text of this Ordinance shall be
posted in the Office of the City Clerk at least five (5)
days prior to the City Council meeting at which this Ordinance
is to be adopted. A summary of this Ordinance shall also be
published once within fifteen (15) days after this Ordinance's
passage in the Orange City News, a newspaper of general
circulation, published and circulated in the City of Orange.
The City Clerk shall post in the Office of the City Clerk a
certified copy of the full text of such adopted Ordinance
along with the names of those City Council members voting
for and against the Ordinance in accordance with Government
Code Section 36933. This Ordinance shall take effect thirty
30) days from and after the date of final passage.
ADOPTED this 11th day of March 1986.
Orange
ATTEST:
Q~
C~ty Cle of bWe C~y of Orange
II -ORD 8-86
STATE or CALIFORNIA 1
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, do hereby certify that the foregoing Ordinance
was introduced at the regular meeting of the City Council
held on the 25th day of Februari ' 1986, and
thereafter at a regular meeting 0 said City Council duly
held on the 11th day of March , 1986 was duly
passed and adopted by the following vote, to wit:
AYES:COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER
NOES:COUNCILMEN: NONE
ABSENT:COUNCILMEN: NONE
C/(:'1ci!:~l'jhe gy ~
ORD 8-86 12 -L~_