Bakersfield Municipal Code Ch. 5.13 Remote Caller Bingo

Sections: 5.13.010 Legislative authority. 5.13.020 Remote caller bingo authorized. 5.13.030 Qualified applicants. 5.13.040 Application for authorization. 5.13.050 Annual authorization. 5.13.060 Permit conditions.

This chapter is adopted pursuant to Section 19 of Article IV of the California Constitution, as implemented by Sections 326.3 and 326.4 of the Penal Code. (Ord. 4805 § 3, 2015)

Notwithstanding any provision of Chapter 5.12, remote caller bingo, as defined in Section 326.3(u)(1) of the Penal Code, may be lawfully played in the city pursuant to the provisions of Sections 326.3 and 326.4 of the Penal Code and this chapter, but not otherwise. (Ord. 4805 § 3, 2015)

A. An organization eligible to receive a bingo permit issued pursuant to Chapter 5.12 of this code may request authorization to conduct remote caller bingo games provided:

1. The organization possesses a valid bingo permit issued pursuant to Chapter 5.12 of this code;

2. The organization has been incorporated or in existence for three years or more;

3. The receipts of the remote caller games are used only for charitable purposes. The organization conducting the game shall determine the disbursement of the net receipts of the game; and

4. The operation of bingo may not be the primary purpose for which the organization is formed.

B. The request for authorization shall be in a form prescribed by the city manager, or designee, and shall be submitted at the same time as an application for a bingo permit pursuant to Chapter 5.12. The request for authorization shall be accompanied by a filing fee in an amount determined by resolution of the city council from time to time, for processing and law enforcement and public safety costs directly related to remote caller bingo activities as set forth in Section 3.70.040. The request shall also be accompanied by any information reasonably necessary to permit the city manager, or designee, to determine that the proposed remote caller bingo operation and games will be conducted in compliance with this chapter and all applicable state laws and regulations.

C. Notwithstanding anything to the contrary in subsection B, any organization possessing a valid bingo permit issued pursuant to Chapter 5.12 of this code may submit a request for authorization to conduct remote caller bingo games at any time. However, each such request shall be accompanied by a filing fee in an amount determined by resolution of the city council from time to time, for processing and law enforcement and public safety costs directly related to remote caller bingo activities as set forth in Section 3.70.040. The request shall also be accompanied by any information reasonably necessary to permit the city manager, or designee, to determine that the proposed remote caller bingo operation and games will be conducted in compliance with this chapter and all applicable laws and regulations. (Ord. 4805 § 3, 2015)

A request for authorization to conduct remote caller bingo shall not be granted until the city manager, or designee, has verified the facts stated in the application and determined that the applicant is qualified. In the event the city manager, or designee, grants the requested authorization, he or she shall document the action and it shall be incorporated into or attached to the bingo permit issued pursuant to Chapter 5.12 of this code. (Ord. 4805 § 3, 2015)

A remote bingo authorization granted pursuant to this chapter shall be valid until the expiration of the bingo permit approved pursuant to Chapter 5.12 of this code. A request for authorization shall be made each year with the application for a bingo permit under Chapter 5.12. The grant of a prior request shall not create a vested right to the permittee to continue to offer remote caller bingo. The city council reserves the right to amend or repeal this chapter at any time. If this chapter is repealed, all authorizations granted pursuant to this chapter shall terminate on the effective date of the ordinance that repeals this chapter. (Ord. 4805 § 3, 2015)

A. Any authorization granted pursuant to this chapter shall be subject to the conditions contained in Sections 326.3 and 326.4 of the Penal Code, and each permittee shall comply with all applicable state and local laws and regulations.

B. Each authorization granted pursuant to this chapter shall be subject to the following conditions:

1. Remote caller bingo games shall not be conducted by any permittee on more than two days during any week, except that a permittee may hold one additional game, at its election, during each calendar quarter.

2. The permittee shall maintain a valid bingo permit issued pursuant to Chapter 5.12 of this code.

3. The permittee granted authorization shall be responsible for ensuring that the conditions of this chapter and Sections 326.3 and 326.4 of the Penal Code are complied with by the organization and its officers and members.

C. A violation of any permit condition or provision hereof shall constitute a cause for the revocation of the organization’s authorization hereunder. Any revocation shall be conducted pursuant to Sections 5.12.060 and 5.12.070. (Ord. 4805 § 3, 2015)