Chapter 18A — REMOTE CALLER BINGO

5-18A.01 Legislation authorization 5-18A.02 Remote caller bingo authorized 5-18A.03 Qualified applicants 5-18A.04 Application approval: Verification 5-18A.05 Annual approval 5-18A.06 Permits: Conditions

This chapter is adopted pursuant to the provisions of Cal. Const. Art. IV, § 19 as implemented by Cal. Penal Code §§ 326.3 and 326.4. (§ 2, Ord. 2918, eff. February 11, 2010)

Remote caller bingo, as defined in Cal. Penal Code § 326.3(u)(1), may be lawfully played in the City pursuant to the provisions of §§ 326.3 and 326.4 of the Cal. Penal Code, and this chapter, and not otherwise. (§ 2, Ord. 2918, eff. February 11, 2010)

(a) Any organization eligible to receive a traditional bingo permit issued pursuant to Chapter 18 of Title 5 of this Code may request authorization to conduct remote caller bingo games if: (1) The organization possesses a valid traditional bingo permit issued pursuant to Chapter 18 of Title 5 of this Code; and (2) The organization has been incorporated or in existence for three (3) years or more. (b) The request 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 traditional bingo permit pursuant to § 5-18.03. The request shall 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 traditional bingo permit issued pursuant to Chapter 18 of Title 5 of this Code may submit a request for authorization to conduct remote caller bingo games at any time. However, such requests shall be accompanied by a nonrefundable filing fee in an amount determined by resolution of the Council from time to time. 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. (§ 2, Ord. 2918, eff. February 11, 2010)

A request for permission 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 approval, he or she shall provide written documentation of the decision that shall be incorporated into or attached to the applicant's traditional bingo permit issued pursuant to Chapter 18 of Title 5 of this Code. (§ 2, Ord. 2918, eff. February 11, 2010)

Any remote caller bingo approval granted pursuant to this chapter shall be valid until the end of the calendar year or the expiration of the traditional bingo permit that the approval was incorporated into or attached to, which is earlier. A new approval shall only be obtained upon filing a new application. The fact that an approval has been granted to creates no vested right on the part of the permittee to continue to offer remote caller bingo for play. The Council expressly reserves the right to amend or repeal this chapter at any time. If this chapter is repealed, all approvals granted pursuant to this chapter shall cease to be effective for any purpose on the effective date of the repealing legislation. (§ 2, Ord. 2918, eff. February 11, 2010)

(a) Any approval granted pursuant to this chapter shall be subject to the conditions contained in Cal. Penal Code §§ 326.3 and 326.4, and each permittee shall comply with all applicable state and local laws and regulation. (b) Each approval granted pursuant to this chapter shall be subject to the following additional conditions: (1) 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, in each calendar quarter. (2) The permittee shall maintain a valid traditional bingo permit issued pursuant to Chapter 18 of Title 5 of this Code. (3) The 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 one or more of those conditions or provisions shall constitute cause for the revocation of the organization’s approval or traditional bingo permit issued pursuant to Chapter 18 of Title 5 of this Code. Any revocation shall be conducted pursuant to § 5-18.06. (§ 2, Ord. 2918, eff. February 11, 2010)