Dixon Municipal Code Art. III Remote Caller Bingo Games

Remote caller bingo may be lawfully played in the City pursuant to the provisions of Cal. Penal Code §§ 326.3 and 326.4 and this article, and not otherwise. Any organization wishing to conduct remote caller bingo games shall, in addition to the bingo license required by Article II of this chapter, be required to obtain a remote caller bingo license.

(Ord. 10-005)

An organization shall be permitted to obtain a remote caller bingo license pursuant to this article if:

A. The organization has been incorporated or in existence for three (3) years or more;

B. The organization possesses a valid license pursuant to Article II of this chapter; and

C. The operation of bingo games is not the primary purpose for which the organization is organized.

(Ord. 10-005)

An application for a license to conduct remote caller bingo games shall be in a form prescribed by the Chief of Police and shall be accompanied by a nonrefundable fee of fifty dollars ($50.00). However, if an organization applies for both the license required by Article II of this chapter and for a remote caller bingo license at the same time, the total nonrefundable fee for the applications shall be fifty dollars ($50.00). To the extent possible, the Chief of Police shall integrate the process for obtaining a license under this article with the process for obtaining the license in Article II of this chapter. The following documentation shall be attached to the application, as applicable:

A. A certificate issued by the Franchise Tax Board certifying that the applicant is exempt from the payment of the bank and corporation tax, pursuant to Cal. Rev. & Tax. Code § 23701d.

B. Other evidence as the Chief of Police determines is necessary to verify that the applicant is a duly organized mobile home park association of a mobile home park situated in the County.

(Ord. 10-005)

The license shall not be issued until the Chief of Police has verified the facts stated in the application and determined that the applicant is qualified.

(Ord. 10-005)

A license issued pursuant to this article shall be valid until the end of the calendar year, at which time the license shall expire. A new license shall only be obtained upon filing a new application and payment of the license fee. The fact that a license has been issued to an applicant creates no vested right on the part of the licensee to continue to offer remote caller bingo for play. The City Council expressly reserves the right to amend or repeal this article at any time. If this article is repealed, all licenses issued pursuant to this article shall cease to be effective for any purpose on the effective date of the repeal.

(Ord. 10-005)

A. Any license issued pursuant to this article shall be subject to the conditions contained in Cal. Penal Code §§ 326.3 and 326.4, and each licensee shall comply with all the requirements of those provisions.

B. Any license issued pursuant to this article shall also be subject to all of the provisions of Article II of this chapter, subject to the following exceptions:

1. DMC § 11.06.210 and § 11.06.270(A), (E), (F) and (G) shall not be construed to prohibit any organization conducting remote caller bingo games from retaining the services of administrative, managerial, technical, financial, and security personnel in a manner consistent with the provisions contained in Cal. Penal Code §§ 326.3 and 326.4.

2. DMC § 11.06.270 shall not be construed to prohibit a licensee from entering into an agreement with other organizations, as that term is defined in DMC § 11.06.010, to cosponsor a remote caller bingo game in a manner consistent with the provisions contained in Cal. Penal Code §§ 326.3 and 326.4.

3. DMC § 11.06.270 shall not apply to remote caller bingo games conducted in compliance with Cal. Penal Code §§ 326.3 and 326.4.

C. Each license issued pursuant to this article shall be subject to the following additional conditions:

1. Bingo games shall not be conducted by any licensee on more than two (2) days during any week, except that a licensee may hold one (1) additional game, at its election, in each calendar quarter.

2. The licensed organization is responsible for ensuring that the conditions of this chapter and Cal. Penal Code §§ 326.3 and 326.4 are complied with by the organization and its officers and members. A violation of any of those conditions or provisions shall constitute cause for the revocation of the organization's license.

3. The proceeds of remote caller bingo games shall be used only for charitable purposes.

D. The Chief of Police may, at his sole discretion, condition the issuance of a license upon a requirement that the applicant provide such security measures as the Chief of Police deems necessary to ensure the public safety at all bingo games held pursuant to the license. Failure to comply with any such condition shall be a violation of this chapter and grounds for suspension or revocation of the license.

(Ord. 13-004 § 21; Ord. 10-005)

Suspensions and revocations of remote caller bingo licenses, and their appeals, shall be governed by the procedures for suspension, revocation and appeal contained in Article II of this chapter.

(Ord. 10-005)