Rialto Municipal Code Ch. 5.65 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. 1460, § 1, 2-9-10)

Notwithstanding any provision of Chapter 5.64, remote caller bingo, as defined in Section 326.3 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. No. 1460, § 1, 2-9-10)

A. An organization eligible to receive a traditional bingo permit issued pursuant to Chapter 5.64 of this code may request authorization to conduct remote caller bingo games provided:

1. The organization possesses a valid traditional bingo permit issued pursuant to Chapter 5.64 of this code; and

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

B. The request for authorization shall be in a form prescribed by the city administrator, or designee, and shall be submitted at the same time as an application for a traditional bingo permit pursuant to Chapter 5.64. The request for authorization shall be accompanied by any information reasonable necessary to permit the city administrator, 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 5.64 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 nonrefundable filing fee in an amount of fifty dollars. The request shall also be accompanied by any information reasonably necessary to permit the city administrator, 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. No. 1460, § 1, 2-9-10)

A request for authorization to conduct remote caller bingo shall not be granted until the city administrator, or designee, has verified the facts stated in the application and determined that the applicant is qualified. In the event the city administrator, or designee, grants the requested authorization, he or she shall document the action and it shall be incorporated into or attached to the traditional bingo permit issued pursuant to Chapter 5.64 of this code.

(Ord. No. 1460, § 1, 2-9-10)

A remote caller bingo authorization granted pursuant to this chapter shall be valid until the expiration of the traditional bingo permit approved pursuant to Chapter 5.64 of this code. A request for authorization shall be made each year with the application for a traditional binger permit under Chapter 5.64. 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. No. 1460, § 1, 2-9-10)

A. Any approval 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 regulation.

B. Each authorization granted pursuant to this chapter shall be subject to the following 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, during each calendar quarter.

2. The permittee shall maintain a valid traditional bingo permit issued pursuant to Chapter 5.64 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.

4. A permittee authorized to conduct remote caller bingo may conduct such games at various locations provided said locations are owned by or leased to the permittee or the use thereof is donated to the organization.

5. A permittee that conducts a remote caller bingo game shall designate one person having fiduciary responsibility for each location.

6. A permittee shall not allow any person to participate in a remote caller bingo game unless such person is physically present at the location where the bingo game is being played.

C. A violation of any permit condition or provision hereof shall constitute a cause for the revocation of the organization's authorization hereunder. At the request of the organization, the city council shall hold a public hearing before revoking any authorization issued pursuant to this chapter.

(Ord. No. 1460, § 1, 2-9-10)