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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER V. BINGO*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER V.
BINGO*

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Editor's note--Section 1 of Ord. No. NS-519.3, enacted Oct. 28, 1986, repealed former Ch. V, §§ B3-75--B3-110 and § 2 of the ordinance enacted, in lieu thereof, a new Ch. V as herein set forth. The repealed provisions, which also pertained to bingo, derived from Ord. No. NS-519, § 1, enacted Nov. 16, 1976, as amended by Ord. No. NS-519.1, enacted Jan. 18, 1977 and Ord. No. NS-519.2, enacted July 18, 1977. Subsequently, Ord. No. NS-502.7, § 2, adopted Sept. 14, 2004, amended Ch. V, in its entirety, to read as herein set out in §§ B3-75--B3-107. Prior to inclusion of said ordinance, Ch. V pertained to similar subject matter. See also the Code Comparative Table.

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Sec. B3-75. Authority.

Pursuant to Section 19(c) of Article IV of the California Constitution and California Penal Code § 326.5, the County of Santa Clara establishes the following requirements for the conduct of bingo games in the unincorporated area of the County.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-76. Definition.

As used in this chapter, "bingo" 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. The game of bingo 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 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."

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-77. Organizations permitted to conduct bingo games.

No person, organization or other entity shall be permitted to conduct bingo games in the unincorporated area of the County unless such person, organization or other entity:

(1) Possesses a valid certificate or letter from the Franchise Tax Board evidencing that they are exempted from the payment of the bank and corporation tax by Revenue and Taxation Code §§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 237011; or

(2) Is a mobile home park association; or

(3) Is a senior citizens' organization.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-78. Minors.

No minors are allowed to participate in any bingo game.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-79. Open to the public.

All bingo games shall be open to the public, not just to the members of the organization to which a license has been issued pursuant to this chapter.

No person who is obviously intoxicated shall be allowed to participate in a bingo game.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-80. Staffing and operation.

A bingo game shall be operated and staffed only by members of the organization holding the license authorizing the game. The organization's members shall not receive a profit, wage or salary from any bingo game. Any person operating or staffing a bingo game shall wear an identification badge which is clearly visible and states the person's full name and function at the bingo game. Only an organization authorized to conduct a bingo game by license issued pursuant to this chapter shall operate a bingo game or engage in the promotion, supervision, or any other phase of a bingo game. This section does not preclude the employment, by an organization holding a bingo license, of licensed security personnel, members of law enforcement agencies or other persons approved by the Sheriff who are not members of the organization, to serve as security personnel at bingo games.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-81. No profit, wage or salary.

No person shall receive a profit, wage, salary, or other income from any bingo game, except for a bona fide prize received as a participant in a bingo game or for wages or salaries paid to security personnel hired in connection with a bingo game by the organization sponsoring the game.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-82. Where bingo may be conducted.

An organization authorized to conduct bingo games shall conduct bingo games only on property owned or leased by it or donated to it and which property is used by the organization for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by, or the use of which is donated to the organization, be used or leased exclusively by or donated exclusively to that organization. If bingo games are conducted in a residential zoning district, no more than one bingo license may be issued for bingo games at any one location.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-83. Bingo equipment.

All equipment used in the operation of bingo games must be owned by the organization authorized by license to conduct the bingo games.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-84. Financial interest.

No individual, corporation, partnership, or other entity, except the organization authorized by license to conduct a bingo game, shall hold a financial interest in the conduct of a bingo game.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-85. Proceeds.

Receipts from a bingo game must be used only for charitable purposes except as otherwise provided in this section. For the purposes of this chapter, the term "charitable purposes" means purposes that benefit the public interest. 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. Proceeds shall be used only for charitable purposes except as follows:

(a) Subject to the limitations in Section B3-87, proceeds may be used for prizes to be awarded at authorized bingo games.

(b) A portion of the proceeds, not to exceed 20 percent of the total proceeds before deduction for prizes, or $1,000.00 per month, whichever is less, may be used for:

(1) Rental of the property upon which the authorized bingo games are conducted;

(2) The purchase of bingo equipment;

(3) Wages for security personnel hired in connection with an authorized bingo game; or

(4) Any combination of (b)(1) through (b)(3) so long as the total expenditure does not exceed 20 percent of the total proceeds before deduction for prizes, or $1,000.00 per month, whichever is less.

(d) The exemptions from the restrictions on use of proceeds in sections B3-85(a) through B3-85(c) do not apply to organizations exempt from payment of the bank and corporation tax under Revenue and Taxation Code § 23701d.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-86. Records.

Each organization conducting a bingo game shall maintain detailed records of all proceeds, expenditures, prizes and other expenses associated with the operation of a bingo game. These records shall be retained for the period of time required by state and federal law, but in no event for less than three years. These records shall be used in preparing the reports required pursuant to Section B3-100.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-87. Total value of prizes.

The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or kind for each separate game held.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-88. Physical presence at bingo game required.

No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place the bingo game is being conducted.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-89. Hours of operation.

All bingo games must be conducted between the hours of noon to midnight, and are subject to any additional limitations on hours of operation as may be specified in the bingo license. No license may authorize bingo games to be held on more than two days in any seven-day period.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-90. Parking.

The Zoning Administrator may require that adequate off-street parking be provided for bingo game participants. If a parking requirement is imposed, the organization sponsoring and the persons responsible for the operation of a bingo game shall have an affirmative duty to require players to use off-street parking and may deny admission to a bingo game of any person not complying with the parking requirements.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-91. License required.

No person or organization may conduct a bingo game without first obtaining a license from the Zoning Administrator.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-92. Application for license and renewal.

A written application for a bingo license or any renewal thereof shall be filed with the Planning Office at least 90 days prior to the proposed date of the first bingo game or the expiration date of a current license. The Zoning Administrator may, depending upon unusual circumstances and as long as all required notice requirements are complied with, waive the application time limits and accelerate the process set forth herein. Such application shall be (i) signed by the president and secretary of the organization proposing to conduct the bingo games and the owners of the premises upon which the games are proposed to be conducted, if the premises are not owned by the organization, (ii) verified in accordance with California Code of Civil Procedure provisions specifying the method of verification of pleadings in a civil action, and (iii) accompanied by an application fee in an amount established by resolution of the Board of Supervisors. The application shall contain all of the following:

(a) The name of the organization, the address and telephone number for its principal place of operation, and the name, address, date of birth and driver's license number of each officer of the organization.

(b) The proposed days and hours of operation of bingo games.

(c) If the organization is permitted to conduct bingo games pursuant to section B3-77(1), a copy of a certificate or letter from the Franchise Tax Board evidencing the exemption of the organization from the payment of the bank and corporation tax under the appropriate section of the California Revenue and Taxation Code. If the applicant is a mobile home association or senior citizens association, a copy of the association's articles, charter or bylaws must be attached.

(d) The address and assessor's parcel number of the premises where bingo games will be conducted.

(e) A statement that the organization either:

(1) Owns the premises on which the bingo games will be conducted; or

(2) Leases the premises on which the bingo games will be conducted, in which event the name, address and telephone number of the owner of the premises shall be specified and a copy of the lease must be provided; or

(3) Has received a donation of the use of the premises, in which event the name, address and telephone number of the owner and donor shall be specified and a copy of the document authorizing the use of the premises must be provided.

(f) The name, address and telephone number of the person responsible for preparing the report required pursuant to Section B3-99.

(g) The names of any other organizations using the same premises for the conduct of bingo games and the days and hours of operation of those other bingo games.

(h) A statement of ownership of all bingo equipment used in the operation of bingo games.

(i) A signed statement consenting to and authorizing any duly authorized representative of the County to inspect, upon demand during normal business hours while a bingo license is in effect and for a period of three years thereafter, any and all books, records, reports and accounts maintained pursuant to this chapter or in connection with bingo games or to inspect the premises where the bingo games are to be conducted.

(j) The name, address, telephone number, date of birth and driver's license number of the persons responsible for the operation of the bingo games.

(k) The total number of bingo games the applicant intends to conduct under the license.

(l) Such further information as may be required by the Zoning Administrator.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-93. Summary license issuance.

Upon the filing of a complete application and payment of the license application fee, the Planning Office shall refer the application to the Zoning Administrator. The Zoning Administrator shall either approve the application and issue the license, or notify the applicant that a referral and a public hearing pursuant to Section B3-94 is required. A public hearing shall be required when the Zoning Administrator, on the basis of the complete application and supporting documentation, cannot determine with reasonable certainty all of the following:

(a) That the applicant is fit to possess a license; and,

(b) That the proposed bingo location will not pose a public health or safety threat; and

(c) That the bingo game and associated activities will not create a substantial negative impact upon the surrounding neighborhood.

If a bingo license or renewal is summarily approved under this section, the license or renewal may contain restrictions and conditions pursuant to Section B3-95(d).

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-94. Referral, notice and hearing.

(a) If a public hearing is required, the Planning Office shall refer the application to the Sheriff, the Department of Environmental Health with respect to health and sanitary conditions at the game location, the Building Official and Fire Marshal with respect to fire hazard and life safety at the game location, and any other persons, entities or agencies deemed appropriate for their investigation and recommendation.

The Sheriff shall have the authority to obtain background information for each person operating or assisting in the operation of a bingo game for purposes of the investigation. If the Sheriff finds that any of the operators or persons assisting in the operation of a bingo game has been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude, the Sheriff may recommend that the license not be issued.

(b) The Zoning Administrator shall set the time and place for public hearing on each application for a bingo license or renewal thereof, which hearing shall be held no later than 45 days following a determination that the application is complete. Notice of the hearing shall be mailed at least ten days prior to the hearing to the applicant at the address provided on the application, to the property owner if the premises are not owned by the applicant, to all owners of real property located within 300 feet of the premises where the bingo games are proposed to be conducted, and to any other person who has filed a written request for notice.

(c) Each applicant and any other interested person shall have the opportunity to review all records, papers, files and any other evidence relating to the application for a bingo license or renewal thereof, except background information on individuals, at least five days prior to the time set for public hearing on the application.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-95. Action by the Zoning Administrator.

(a) At the public hearing, the Zoning Administrator shall consider the recommendations of the Sheriff and the County officials investigating the license pursuant to Section B3-94(a), all records, papers, files and any other relevant evidence, and whether the use complies with the County Zoning Ordinance and all other applicable laws, regulations and ordinances. The Zoning Administrator shall either continue the hearing, hold the matter under advisement, or render a decision granting or denying the license.

(b) The Zoning Administrator may refuse to issue a bingo license or grant a renewal thereof, after consideration of the application, the recommendations of the Sheriff and the County officials investigating the license pursuant to Section B3-94(a) and any other relevant papers, records and files, on any of the following grounds:

(1) The bingo game or associated activity would be injurious to the public health, safety or welfare; or

(2) The proposed mode of operation of the bingo games is not in compliance with the requirements of this chapter or any other law, regulation or ordinance; or

(3) The organization applying for the license or renewal or any officer or member thereof has previously violated the provisions of this chapter or any similar ordinance, law, rule or regulation of the County or other public agency that regulates the operation of bingo games; or

(4) The applicant knowingly made a material misstatement of fact in the license or renewal application.

(c) The Zoning Administrator shall deny a license or renewal application if a potential fire hazard or threat to public safety exists at the premises where the bingo games are proposed to be conducted.

(d) If the license or renewal is approved, the Zoning Administrator may include such restrictions and conditions in the license as are reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter, including without limitation, the frequency of bingo games, hours of operation, days of the week upon which bingo games may be held, maximum number of participants and parking requirements. In no event shall the Zoning Administrator permit an organization to conduct bingo games on more than two days per site in any seven-day period.

(e) Upon approval or denial of a bingo license or renewal thereof, the Zoning Administrator shall prepare and forward to the applicant a written notice of decision and a statement of any conditions attached to the license. A copy of the notice shall be sent to the Sheriff and the County officials investigating the application pursuant to Section B3-94(a). The Zoning Administrator's decision shall not become final until the 15-calendar-day period in which an appeal may be made to the Board of Supervisors has elapsed without an appeal having been filed.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-96. Appeal.

(a) Within 15 calendar days after the decision of the Zoning Administrator pursuant to a public hearing on an application for a bingo license or renewal thereof, any person dissatisfied with the decision may appeal to the Board of Supervisors by filing an appeal application with the Planning Office. The appeal application shall be accompanied by a nonrefundable fee in an amount established by resolution of the Board of Supervisors. A copy of the appeal application shall be forwarded to the Clerk of the Board of Supervisors, the Sheriff and the County officials investigating the application pursuant to Section B3-94(a).

(b) The Clerk of the Board of Supervisors shall fix the time and place for the appeal to be heard by the Board of Supervisors. Notice of the hearing shall be mailed at least ten days prior to the hearing to all owners of real property located within 300 feet of the premises where the bingo games are proposed to be conducted, the appellant, the license applicant, the owner of the premises if the applicant or appellant is not the owner, and any other person who has filed a written request for notice.

(c) A hearing date for the appeal to be heard by the Board of Supervisors shall be set within 30 days after filing of the appeal.

(d) The Zoning Administrator shall transmit to the Clerk of the Board of Supervisors all records, minutes, papers and files which constitute the record in the action from which the appeal is made.

(e) The Board of Supervisors shall hear and decide the bingo license or renewal application as if no other hearing had been held, and may approve, deny or conditionally approve the application. The decision of the Board on an appeal is final.

(f) The Clerk of the Board of Supervisors will inform the appellant, the applicant, the Planning Office, and the County officials investigating the application pursuant to Section B3-94(a) whether the appeal has been granted or denied.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-97. Issuance of license.

Following the grant of a bingo license or renewal thereof and, in the case of approval by the Zoning Administrator after a public hearing, the lapse of the 15-calendar-day period in which to appeal such grant without an appeal being filed, the Planning Office shall issue a license in accordance with the following provisions of this Section B3-97.

Licenses shall be granted on a calendar-year basis with each license expiring on December 31 of the calendar year issued without proration of fees. Licenses may be renewed for successive one-year periods.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-98. Further investigation by Sheriff.

(a) Any changes as to the staff operating or assisting in the operation of a bingo game or any other changes in the information furnished under Section B3-92 made subsequent to the issuance of a bingo license shall be reported to the Sheriff within ten days after such change or addition for any further investigation which the Sheriff deems necessary and appropriate.

(b) If, after investigation, the Sheriff finds that the changes require suspension or revocation of the bingo license, the Sheriff's determination shall be transmitted to the Zoning Administrator for suspension or revocation of the license.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-99. Filing of reports.

During the term of its bingo license, each organization shall file a monthly report and three copies made under penalty of perjury with the Planning Office containing the following information:

(a) Any changes in or additions to the information required under Section B3-92.

(b) The total amount of money received from the operation of bingo games since the previous report was filed.

(d) Detailed costs to the organization for the operation of bingo games during the period covered by the report.

The monthly reports required pursuant to this section shall be filed no later than the 15th day of the month following the month covered by the report.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-100. Licenses nontransferable.

Bingo licenses granted under this chapter are not transferable, either as to the licensee or the location. Any attempt to transfer a bingo license shall automatically render the license invalid and no further bingo games may be conducted under the license.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-101. Authority to inspect premises and records.

(a) Any authorized representative of the County shall have the authority to inspect the premises where bingo games are conducted in order to ensure that the operation of bingo games at the premises does not constitute a violation of any state or federal law or provision of this Code.

(b) Any authorized representative of the County may inspect all books, records, reports, accounts and bank accounts maintained for funds derived from bingo games of any organization conducting bingo games, whenever deemed reasonable and appropriate to ensure compliance with the provisions of this chapter.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-102. Summary suspension of license.

Whenever it appears to the Sheriff or designee or any authorized representative of the County that the holder of a bingo license is conducting a bingo game in violation of any provision of this Code or federal or state law and such violation may endanger public health or safety, the Sheriff or designee or any authorized representative of the County may summarily suspend the bingo license and order the holder of the license to immediately cease and desist conducting bingo games. Following issuance of such an order and within 30 calendar days thereafter, a hearing to revoke, reaffirm, or conditionally reaffirm the license shall be held in accordance with Section B3-103. The Sheriff or designee or the authorized representative of the County shall forward a report on the suspension to the Zoning Administrator prior to the hearing. Any license holder whose bingo license is suspended pursuant to this section shall not conduct bingo games unless and until the Zoning Administrator, or the Board of Supervisors on appeal, reaffirms or conditionally reaffirms the license under Section B3-103.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-103. Revocation, reaffirmation or conditional reaffirmation.

Any license issued under this chapter may be reaffirmed, conditionally reaffirmed, or revoked on the Zoning Administrator's own motion or based on a referral from the Board of Supervisors, the Sheriff, the District Attorney or any other County officer or department head to the Zoning Administrator. Except as provided in Section B3-102, a public hearing on such revocation, reaffirmation, or conditional reaffirmation shall be held and notice thereof shall be given in accordance with Section B3-94. The Zoning Administrator may revoke or conditionally reaffirm any bingo license on one or more of the following grounds:

(a) That the license was obtained by fraud; or

(b) That any person making use of the license is violating or has violated any conditions of the license; or

(c) That the detriment to the public health or safety, or the nuisance arising from the bingo game or from changed circumstances necessitates the revocation of the license or the modification of or addition to the license conditions; or

(d) That an inadvertent error or omission in establishing the original conditions requires modifying or adding to the license conditions, but a license shall not be revoked because of such error or omission; or

(e) That the conduct of the bingo game is in violation of any provisions of this Code or federal or state law; or

(f) The failure to file reports in accordance with Section B3-99 in a timely or accurate manner.

An appeal to the Board of Supervisors from the decision of the Zoning Administrator may be made within 15 calendar days after the decision and in accordance with the procedures in Section B3-96.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-104. Violations, penalties.

(a) Any violation of Sections B3-77 through B3-89, B3-91, B3-92, B3-98, B3-99 or B3-100 shall be a misdemeanor and any person convicted of violating any of these sections shall be subject to the penalties provided for in Section A1-28 of this code.

(b) In addition to subsection (a), a violation of Section B3-81 shall also be punishable by a fine not to exceed $10,000.00, which fine shall be deposited in the County general fund.

(c) The County Counsel or District Attorney may bring an action for injunctive or any other appropriate relief for any violation of this chapter.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-105. Severability.

(a) If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the remaining portions of this chapter.

(b) The Board of Supervisors hereby declares that it would have passed this chapter and each section, subsection, sentence, clause or phrase thereof, even if any one or more sections, subsections, sentences, clauses or phrases is held invalid.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-106. Provisions supplementary to state law.

The provisions of this chapter are intended to supplement, not conflict with, all state laws relating to lotteries, gaming or gambling except that the definition of bingo in Section B3-76 applies exclusively to this chapter and shall not be applied in the construction or enforcement of any other provision of law.

(Ord. No. NS-502.7, § 2, 9-14-04)

Sec. B3-107. Posting of license.

A bingo license shall be posted in a conspicuous place in the premises where the games are authorized to be conducted.

(Ord. No. NS-502.7, § 2, 9-14-04)

Secs. B3-108--B3-110. Reserved.