Modesto |
Code of Ordinances |
Title 4. PUBLIC WELFARE, SAFETY AND HEALTH |
Chapter 1. REGULATION OF AMUSEMENTS AND AMUSEMENT DEVICES |
Article 10. Bingo Games* |
§ 4-1.1002. Definitions.
(a)
Bingo. As used in this article, the term "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card that 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. The term bingo does not include the use of electronic bingo aids, that is, the use of any mechanical, electronic, electro mechanical or computerized aid that is interfaced with or connected to equipment used to conduct a game of bingo in any manner whatsoever.
(b)
Electronic bingo aid. As used in this article, the term "electronic bingo aid" means any mechanical, electronic, electromechanical or computerized aid (including related hardware and software) that is interfaced with or connected to equipment used to conduct a game of bingo and which allows a player to store, display and mark a bingo face card five (5) spaces wide by five (5) spaces long, the center space free, and the other spaces containing pre-printed numbers occurring between one (1) and seventy-five (75), inclusive. The electronic bingo aids must be used in conjunction with bingo cards and may be used to assist a bingo player in participating in bingo games if all of the following conditions are complied with:
(1)
The particular type of electronic bingo aid proposed to be used has been demonstrated to, inspected by and approved by the City's Police Department.
(2)
No more than fifty (50) bingo cards (fifty (50) card faces, each with its random bingo number pattern) shall be programmed into any single electronic bingo aid during any bingo game.
(3)
Only one (1) electronic bingo aid may be used by any bingo player during a bingo game. This is the equivalent of fifty (50) bingo cards.
(4)
The electronic bingo aid shall be distributed for play on a totally random basis. The bingo player is prohibited from selecting the electronic bingo aid. The electronic bingo aid is not to be removed from the premises except for repair. A record will be maintained of all electronic bingo aids removed from the premises, the business entity and site address to which they were taken, and the return date.
(5)
Prior to being given physical possession of the electronic bingo aid, the bingo player must pay for the appropriate number of games to be programmed into the electronic bingo aid and receive a receipt indicating the amount paid and the number of games activated in the electronic bingo aid. In addition, the bingo player must maintain in his/her possession cards or sheets of paper corresponding exactly to the bingo number pattern for each card face entered into the electronic bingo aid. The electronic bingo aid may produce the sheets of paper containing the bingo number pattern for each card face for the games to be played.
(6)
Electronic bingo aids are permitted as means of assisting the bingo player mark, process by computer or otherwise register, record or process numbers selected at random on any bingo card. They shall not be a complete substitute for bingo cards.
(7)
Electronic bingo aid system must have a dial-up capability so that the Police Department may remotely monitor the operation and the internal accounting systems of the electronic bingo aid at any time.
(8)
To prevent tampering, manufacturers of electronic bingo aids incorporating erasable programmable read only memory modules ("EPROM") and EPROM receptacle or similar logic storage and/or retrieval components must seal these modules and their associated circuitry to secure against unauthorized removal, additions, changes or other alterations.
(9)
Manufacturers of electronic bingo aids must manufacture each electronic bingo aid to insure that it works with an accounting system that records and retains for a period of not less than three (3) years, the serial number of each bingo card sold (it must be clear whether the card sheet is six-on, etc.), the price of each card sold and the total amount of the electronic bingo aid proceeds from each session. This information must be secure and shall not be accessible for alteration. The electronic bingo aid system must be able to verify winning cards and to print them for posting. The electronic bingo aid's capabilities and information must not be lost through power failure or other disruption during the session.
(10)
If the Police Department detects or discovers any problem with the electronic bingo aid that affects the integrity of the bingo game, the Police Department may direct the manufacturer, distributor or conductor to cease the sale, lease or use of the electronic bingo aid, as applicable, in the City. The Police Department may require the manufacturer to correct the problem or recall the electronic bingo aid immediately upon notification by the Police Department to the manufacturer. If the manufacturer, distributor or conductor detects or discovers any defect, malfunction or problem with the electronic bingo aid, the manufacturer, distributor or conductor, as applicable, shall immediately remove the electronic bingo aid from use or play and immediately notify the Police Department of such action.
Subject to the appeal procedures provided herein, violation of these rules shall result in the loss of the right to use electronic bingo aids or the revocation of the bingo license.
(c)
Pull tabs. The game of bingo shall also include cards having numbers or symbols which are concealed and preprinted. These cards are commonly referred to as "pull tabs." The winning preprinted cards or pull tabs 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 bare the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." The preprinted cards shall be sold only during the hours of operation of the licensing organization. It is the responsibility of the game operators to ensure that preprinted cards remain on the premises at all times.
(Added by Ord. 3176-C.S., § 1, effective 7-6-00)