Chapter 5.17 LICENSE FOR BINGO GAMES

5.17.010 Bingo authorized.

5.17.020 Definitions.

5.17.030 License required.

5.17.040 Application.

5.17.050 Term of license and fees.

5.17.060 Application investigation.

5.17.070 License not transferable.

5.17.080 Limitations.

5.17.090 Inspection.

5.17.100 Application denial, license suspension and/or revocation of license.

5.17.110 Hearing on denial, suspension and/or revocation of license.

5.17.120 Appeal procedure.

5.17.130 Violations and penalties.

5.17.140 Severability.

5.17.010 Bingo authorized.

Notwithstanding any other provisions of this chapter, the ordinance codified in this chapter is adopted pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions in the following sections of this chapter. (Ord. 424 § 1(part), 1977).

5.17.020 Definitions.

Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section:
A. “Bingo” is 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.
B. “Nonprofit, charitable organization” is an organization exempted from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954.
C. “Minor” is any person under the age of eighteen years. (Ord. 424 § 1(part), 1977).

5.17.030 License required.

It is unlawful for any person to conduct any bingo games in the unincorporated area of Madera County unless such person is a member of a nonprofit charitable organization acting on behalf of such nonprofit, charitable organization and has been issued a license as provided by this chapter. (Ord. 424 § 1(part), 1977).

5.17.040 Application.

Application for license shall be made to the sheriff on forms prescribed by the sheriff, and shall be filed not less than ten days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at least the following:
A. A list of the officers of the nonprofit, charitable organization;
B. The date(s) and place(s) of the proposed bingo game or games;
C. Proof that the organization is a nonprofit, charitable organization as defined by this chapter. (Ord. 424 § 1(part), 1977).

5.17.050 Term of license and fees.

The term of a bingo license is one year and may be renewed for a period of one year any time within one year from its date of issuance, upon application therefor.
The fee for a bingo license shall be ten dollars. The fee for renewal shall be ten dollars. The appropriate fee shall accompany the submission of each application, is nonrefundable and shall be used to defray the cost of the issuance of the license. (Ord. 424 § l(part), 1977).

5.17.060 Application investigation.

Upon receipt of an application for a license, the sheriff may send copies of such application to any office or department which the sheriff deems essential in order to carry out a proper investigation of the applicant.
The sheriff and every officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant, and may examine the premises to be used for the bingo game.
Upon approval of any application for a bingo license, the sheriff may issue the license. (Ord. 424 § l(part), 1977).

5.17.070 License not transferable.

Each license issued hereunder shall be issued to a specific person on behalf of a specific nonprofit, charitable organization to conduct a bingo game or games at a specific location and shall in no event be transferable from one person to another nor from one location to another. (Ord. 424 § l(part), 1977).

5.17.080 Limitations.

A. A nonprofit, charitable organization shall conduct a bingo game only on property both owned or leased by it, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized.
B. No minors shall be allowed to participate in any bingo game.
C. A bingo game shall be operated and staffed only by members of the nonprofit, charitable organization which organized it. Such members may be approved by the sheriff and shall not receive a profit, wage or salary from any bingo game. 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.
D. 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.
E. 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.
F. No bingo game shall be conducted between the hours of midnight and eight a.m. (Ord. 424 § l(part), 1977).

5.17.090 Inspection.

Any peace officer of the county shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license available for inspection at all times during any bingo game. (Ord. 424 § l(part), 1977).

5.17.100 Application denial, license suspension and/or revocation of license.

The sheriff may deny the application, suspend the license, or revoke the license for cause. (Ord. 424 § l(part), 1977).

5.17.110 Hearing on denial, suspension and/or revocation of license.

Prior to the suspending of any such licensee, or the revocation thereof, the sheriff shall give notice, in writing, to any officer of the nonprofit, charitable organization of the time and place for a hearing and giving the grounds for such suspension or revocation. Upon the conclusion of the hearing and the presentation of evidence, the sheriff may order the license suspended or revoked. (Ord. 424 § l(part), 1977).

5.17.120 Appeal procedure.

Upon the denial of an application, the suspension of the license, or the revocation of a license, the nonprofit, charitable organization affected by such adverse decision may appeal such decision in writing, to the board of supervisors of Madera County, within ten days of the making of such decision. (Ord. 424 § l(part), 1977).

5.17.130 Violations and penalties.

A. It is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter.
B. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment.
C. The county reserves the right to enforce any of the provisions of this chapter by any appropriate civil action necessary to enforce compliance. All sanctions provided herein shall be cumulative and not exclusive. (Ord. 424 § l(part), 1977).

5.17.140 Severability.

If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable. (Ord. 424 § l(part), 1977).