Sec. 4-60. - Organizations eligible for county permit to conduct bingo games.

Labor, agricultural, or horticultural organizations exempted by section 23701(a) of the Revenue and Taxation Code, and fraternal beneficiary societies operating under the lodge system, which provide for the payment of life, sick and other benefits, exempted by section 23701 (b) of the Revenue and Taxation Code, and corporations, community chests, or trusts organized and operated exclusively for religious, charitable scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, exempted from the payment of the bank or corporation tax by section 23701(d) of the Revenue and Taxation Code, and nonprofit business leagues, chambers of commerce, real estate boards, or boards of trade exempted by section 23701(e) of the Revenue and Taxation Code, and civic leagues operated exclusively for promotion of social welfare, or local organizations of employees, the earnings of which are exclusively for charitable, educational, or recreational purposes, exempted by section 23701(f) of the Revenue and Taxation Code, and clubs operated exclusively for pleasure, recreation, or other nonprofitable purposes exempted by section 23701(g) of the Revenue and Taxation code, and fraternal societies operating under the lodge system, which do not provide for the payment of life, sick, or other benefits, the earnings of which are exclusively for religious, charitable, scientific, literary, educational, and fraternal purposes, exempted by section 23701(1) of the Revenue and Taxation Code, and mobile home park associations and senior citizens organizations are eligible to apply to the county for a permit to conduct bingo games in the county under the provisions of section 326.5 of the Penal Code and the provisions of this chapter.

(Ord. No. 2472.)

Sec. 4-61. - Application for permit.

Eligible organizations desiring to obtain such permit to conduct bingo games in the County of Sonoma shall file an application in writing therefor in the office of the sheriff on a form to be provided. The issuing authority shall be the sheriff. The permit issued shall be for a term of one year from the date of issuance, subject to annual renewal and fee of twenty-five dollars ($25.00). The fee, whether for initial license or renewal, may be increased by the board of supervisors to an amount not exceeding fifty dollars ($50.00).

(Ord. No. 2472.)

Sec. 4-62. - Organizations exempt from fee.

No fee shall be required of any organization stating in its application that it will conduct bingo games solely for recreational and not for fund-raising purposes. As used in this section, "recreational" means proceeds from the bingo games are used solely for bingo game prizes and to cover incidental expenses of conducting the bingo games. "Fund-raising" means any part of the proceeds of the bingo games are used by the organization for purposes other than bingo game prizes and incidental expenses of conducting the bingo games.

(Ord. No. 2472.)

Sec. 4-63. - Applicant must be qualified.

No permit shall be issued to any organization unless the applicant is an eligible organization under Section 4-60 and its application conforms to the requirements, terms and conditions of Sections 4-61 to 4-86.

(Ord. No. 2472.)

Sec. 4-64. - Contents of application.

Said application for a permit shall contain the following:

(1)

The name of the applicant organization and a statement that applicant is an eligible organization under Section 4-60

(2)

The name and signature of at least two (2) officers, including the presiding officer of the organization.

(3)

The particular property within the County of Sonoma, including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which bingo games will be conducted.

(4)

The name and signature and title of the appropriate county department head if bingo games are to be conducted in county facilities.

(5)

Proposed days of week and hours of day for conduct of bingo games.

(6)

That the applicant agrees to conduct bingo games in strict accordance with the provisions of section 326.5 of the Penal Code and this article, as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked by the sheriff upon violation of any of such provisions.

(7)

Said application shall be signed by the applicant under penalty of perjury.

(8)

An annual permit fee of twenty-five dollars ($25.00) or a fee not exceeding fifty dollars ($50.00), as fixed by resolution of the board of supervisors, shall accompany the application. If an application for a permit is denied, 1/2 of any fee paid shall be refunded.

(9)

The applicant shall also submit, as applicable, a certificate of determination of exemption under sections 23701 (a), (b), (d), (e), (f), (g), or (i), of the Revenue and Taxation Code, or a letter of good standing from the exemption division of the Franchise Tax Board in Sacramento, showing exemption under said sections. If an applicant applies as a mobile home park association or senior citizens organization, the sheriff shall determine whether the organization possesses that status.

(10)

Upon the change of any of the information required in this section, an amendment to the application must be sent to the sheriff.

(Ord. No. 2472.)

Sec. 4-65. - Contents of permit.

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the county, the sheriff shall issue a permit to said applicant which shall contain the following information:

(1)

The name and nature of the organization to whom the permit is issued.

(2)

The address where bingo games are authorized to be conducted.

(3)

The date of the expiration of such permit.

(4)

Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.

(Ord. No. 2472.)

Sec. 4-66. - Permit to be posted.

The permit shall be posted in a conspicuous place at the site of the bingo games.

(Ord. No. 2472.)

Sec. 4-67. - Summary suspension of permit pending opportunity for hearing — Misdemeanor to continue after suspension — Revocation.

(a)

Whenever it appears to the sheriff that the permit holder is conducting a bingo game in violation of any of the provisions of this article, the sheriff shall have the authority to summarily suspend the permit and order the permit holder to immediately cease and desist any further operation of any bingo game. A written order of summary suspension shall promptly be sent to the permit holder.

(b)

Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (a) shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

(c)

The written order issued under subsection (a) shall notify the permit holder that it shall have ten (10) days from the date of such order to request a hearing before the sheriff to determine whether such permit shall be revoked. Failure to request, in writing, such hearing within said ten-day period shall result in a revocation of the license.

(d)

Upon such request by the permit holder, whose permit has been suspended under subsection (a), for a hearing to determine whether such permit shall be revoked, the sheriff shall provide a hearing within twenty (20) days after receipt of such request at which hearing the suspended permit holder may appear before the sheriff for the purpose of presenting evidence why the permit should not be revoked. No permit shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said suspended permit holder at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation.

(e)

Any organization whose permit is revoked under this section shall not conduct any bingo games in the county until such time as the board of supervisors, on appeal, determines to overrule the decision of the sheriff.

(Ord. No. 2472.)

Sec. 4-68. - Revocation of license — Alternative procedure.

(a)

Whenever it appears to the sheriff that the permit holder is conducting bingo games in violation of any of the provisions of this article, or that the permit was obtained by fraudulent representation, and no summary suspension is ordered under Section 4-67, the permit may be revoked; provided, however, that prior to such revocation the permit holder must be given an opportunity to appear before the sheriff at the time fixed by the sheriff for the purpose of presenting evidence why the permit should not be revoked. Written notice must be given at least five (5) days before such hearing by depositing in the United States mail a notice directed to said permit holder at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.

(b)

Any organization whose permit is revoked under this section shall not conduct any bingo game in the county until such time as the board of supervisors, on appeal, determines to overrule the decision of the sheriff.

(Ord. No. 2472.)

Sec. 4-69. - Appeal of revocation to Board of Supervisors.

(a)

Any holder of a permit whose permit is revoked under this article shall have the right, within ten (10) days after receiving notice in writing of the revocation, to file a written appeal to the board of supervisors. Such appeal shall set forth the specific ground or grounds on which it is based. The board of supervisors shall hold a hearing on the appeal within thirty (30) days after its receipt by the Board, or at a time thereafter agreed upon and shall cause the appellant to be given at least ten (10) days written notice of such hearing. At the hearing, the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of its appeal. The determination of the board of supervisors on the appeal shall be final.

(b)

Any organization whose permit is finally revoked may not again apply for a permit to conduct bingo games in the County of Sonoma for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under the Revenue and Taxation Code, such organization may again apply for a permit upon proof of reinstatement of said exemption.

(Ord. No. 2472.)

Sec. 4-70. - Definition of "bingo."

As used in this article, "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.

(Ord. No. 2472.)

Sec. 4.71. - Maximum amount of prize.

The total value of the prize shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

(Ord. No. 2472.)

Sec. 4-72. - Profits to be kept in separate fund or account.

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. With respect to organizations exempted by section 23701(d) of the Revenue and Taxation Code, the profits shall only be used for charitable purposes. With respect to other organizations authorized to conduct bingo games, the proceeds shall only be used for charitable purposes, except that proceeds may be used for prizes, and a portion of the proceeds, not to exceed ten percent (10%) of the proceeds after deduction for prizes, or five hundred dollars ($500.00) per month whichever is less, may be used for rental of property, overhead, and administrative expenses. The permit holder shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision, and any other phase of bingo games which are authorized by this article. The county, by and through its officers, shall have the right to examine and audit such records at any reasonable time and the permit holder shall fully cooperate with the county by making such records available.

(Ord. No. 2472.)

Sec. 4-73. - Financial interest in permit holder only.

No individual, corporation, partnership, or other legal entity except the permit holder shall hold a financial interest in the conduct of such bingo game.

(Ord. No. 2472.)

Sec. 4-74. - Exclusive operation by permit holder.

A bingo game shall be operated and staffed only by members of the permit holder organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the permit holder shall operate such game, or participate in the promotion, supervision or any other phase of such game.

(Ord. No. 2472.)

Sec. 4-75. - Bingo games open to public.

All bingo games shall be open to the public, not just to the members of the permit holder organization.

(Ord. No. 2472.)

Sec. 4-76. - Attendance limited to occupancy capacity.

Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to occupancy capacity of the room in which such game is conducted as determined by the appropriate fire department and the building department of the county in accordance with applicable laws and regulations. The permit holder shall not reserve seats or space for any person.

(Ord. No. 2472.)

Sec. 4-77. - Bingo games conducted only on permit holder property.

A permit holder shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The property owner or leased by the organization need not be used exclusively by the organization. The permit issued under this article shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application, or an amendment to the application. In the event the described property ceases to be used as an office or as a place for performance of the purposes for which the permit holder 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 article when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.

(Ord. No. 2472.)

Sec. 4-78. - Minors not to participate.

No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo game.

(Ord. No. 2472.)

Sec. 4-79. - Intoxicated persons not to participate.

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

(Ord. No. 2472.)

Sec. 4-80. - Hours of operation.

No permit holder shall conduct any bingo game more than six hours out of any twenty-four hour period. No bingo game shall be conducted before 10:00 a.m. nor after 2:00 a.m. of any day.

(Ord. No. 2472.)

Sec. 4-81. - Participant must be present.

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.

(Ord. No. 2472.)

Sec. 4-82. - Violation of article a misdemeanor.

A violation of any provision of this article is a misdemeanor.

(Ord. No. 2472.)

Sec. 4-83. - 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 from any bingo game authorized by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the county of Sonoma.

(Ord. No. 2472.)

Sec. 4-84. - County may enjoin violation.

The county of Sonoma may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this article.

(Ord. No. 2472.)

Sec. 4-85. - County area subject to article.

This article applies to areas under the jurisdiction of the county. County facilities located within a city are subject to city ordinance.

(Ord. No. 2472.)

Sec. 4-86. - Severability.

If any section, subsection, or portion of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this article. The board of supervisors hereby declares that it would have adopted this article and each section, subsection, or portion thereof, irrespective of the fact that any one or more sections, subsections or portions be declared invalid or unconstitutional.

(Ord. No. 2472.)