Montebello Municipal Code Ch. 5.13 Remote Caller Bingo

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. No. 2358, § 1, 4-9-2014)

"Remote caller bingo," as defined in Penal Code § 326.3(u)(1), 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, and not otherwise.

(Ord. No. 2358, § 1, 4-9-2014)

A. The following organizations are qualified to apply for a remote caller bingo license to operate a remote caller bingo game if the receipts of those games are used only for charitable purposes:

(1) An organization exempt from the payment of the taxes imposed under the Corporation Tax Law by Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701/, or 23701w of the Revenue and Taxation Code.

(2) Senior citizen organizations.

(3) Charitable organizations affiliated with a school district.

(b) A qualified organization shall comply with all provisions of Chapter 5.13 and be issued a remote caller bingo license prior to conducting remote caller bingo games. The application shall be in a form prescribed by the city and shall be accompanied by a nonrefundable filing fee in an amount determined by resolution of the city council from time to time. The following documentation shall be attached to the application, as applicable:

(1) A certificate issued by the franchise tax board certifying that the applicant is exempt from the payment of the taxes imposed under the Corporation Tax Law pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701/, or 23701w of the Revenue and Taxation Code. In lieu of a certificate issued by the franchise tax board, the city may refer to the franchise tax board's internet website to verify that the applicant is exempt from the payment of the taxes imposed under the Corporation Tax Law.

(2) Other evidence as the city determines is necessary to verify that the applicant is qualified to operate remote caller bingo within the city.

(Ord. No. 2358, § 1, 4-9-2014)

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

(Ord. No. 2358, § 1, 4-9-2014)

A license issued pursuant to this chapter shall be valid for one year from the date of issuance, 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 bingo for play. The city council expressly reserves the right to amend or repeal this chapter at any time by ordinance or resolution as applicable. If this chapter is repealed, all licenses issued pursuant to this chapter shall cease to be effective for any purpose on the effective date of the repealing resolution.

(Ord. No. 2358, § 1, 4-9-2014)

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

B. Each license issued pursuant to this chapter shall be subject to the following additional conditions:

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

(2) The licensed organization is 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. A violation of any one or more of those conditions or provisions shall constitute cause for the revocation of the organization's license.

C. In all respects the process of application, issuance, denial, term, renewal, transfer, appeal, suspension, revocation, or other action to enjoin a violation of Section of the Penal Code or of this chapter shall be governed by Chapter 5.12.

(Ord. No. 2358, § 1, 4-9-2014)