§ 5A.7. Conduct of bingo games

(a) It shall be a misdemeanor, punishable by a fine not to exceed ten thousand dollars, for any person to receive or pay a profit, wage or salary from any bingo game. A violation of any other provision of this section is a misdemeanor.

(b) No minors shall be allowed to participate in any bingo games.

(c) A licensee shall conduct bingo games only on property owned or leased by it, or property where use is donated to the organization and which property is used by such organization for any office or for performance of the purposes for which the organization is organized. Nothing in this chapter shall be construed to require that the property be used exclusively by, or donated exclusively to, such organization.

(d) All bingo games shall be open to the public and shall not be limited to just the members of the licensee organization.

(e) A bingo game shall be operated, staffed, promoted, conducted and supervised only by members of the licensee organization and such members shall receive no profit, wage or salary from any such bingo game. This subdivision does not preclude the employment of security personnel, who are not members, at such bingo games.

(f) No individual, corporation, partnership or other legal entity except the licensee organization shall hold a financial interest in the conduct of any bingo game.

(g) 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 this chapter, 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 twenty percent of the proceeds before the deduction for prizes or two thousand dollars per month, whichever is less, may be used for the 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.

(h) 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.

(i) The total value of prizes awarded during the conduct of any bingo game shall not exceed five hundred dollars or the amount specified in Penal Code Section 326.5(n), whichever is greater, in cash or kind, or both, for each separate game which is held.

(j) All pre-printed bingo cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." Only a covered or marked tangible card possessed by a bingo player and presented to a licensee's attendant may be used to claim a prize.

(k) All equipment used in bingo games shall comply with the provisions of this chapter, including Sections 5A.9 and 5A.10.

(l) The conduct and operation of all bingo games shall comply with all applicable state laws and regulations, expressly including, but not limited to, regulations adopted as required by applicable federal and state law to assist disabled players in participating in bingo games. This subsection does not and shall not be construed to permit any bingo games, operations or equipment in violation of Penal Code Section 326.5 or other applicable law or regulation.

(m) Licensees shall pay a monthly law enforcement and public safety fee. This fee shall be prescribed by a resolution of the city council, for law enforcement and public safety costs incurred by the city that are directly related to bingo activities and shall be collected monthly by the city. This fee shall not exceed the city's actual costs incurred in providing applicable law enforcement and public safety services.

(n) Pull tab bingo may be conducted by licensees at any time.

(Ord. No. 1535, § 3(Exh. A), 11-1-2011)