A. Notwithstanding any other provision of this Code, remote caller bingo games may be lawfully conducted and played in the city pursuant to the provisions of Cal. Penal Code §§ 326.3, 326.4 and 326.5, and this chapter, subject to the additional requirements and restrictions set forth in this section.
B. Only those organizations specified in § 5.204.020 of this chapter are eligible and authorized to apply for a license or license endorsement to conduct remote caller bingo games. It is unlawful to conduct any remote caller bingo game in the city without such license or license endorsement.
C. The following are license and operating requirements:
1. In order to conduct remote caller bingo games, any eligible organization may apply for a license, or license endorsement if such organization already possesses a current, valid license issued pursuant to § 5.204.130. Each applicant for a license or endorsement shall comply with and be subject to the licensing procedures set forth in this chapter provided, however, that the Administrative Services Director may require such additional information be provided as deemed necessary to ensure that the applicant complies with all requirements of Cal. Penal Code § 326.3.
Each license endorsement shall expire upon the expiration of the underlying license, and any license or license endorsement may be renewed pursuant to the procedures in § 5.240.110. Each remote caller bingo license or license endorsement issued pursuant to this chapter is subject to all applicable local, state and federal laws including the provisions contained in Cal. Penal Code §§ 326.3, 326.4, and 326.5, and each licensee shall comply with the requirements of those provisions.
2. Each organization issued a remote caller bingo license or license endorsement pursuant to this chapter ('licensee') shall comply with the following additional conditions:
a. Subject to § 5.204.040, remote caller bingo games may only be conducted on property owned or leased by, or donated for use by, the licensee.
b. The operation of all remote caller bingo games are subject to the provisions of this chapter, excluding § 5.204.090.
c. Every licensee shall provide the California Gambling Commission not less than thirty (30) days prior written notice of its intent to conduct remote caller bingo, which shall include all information described in Cal. Penal Code § 326.3(j)(4).
d. The licensee is responsible for ensuring that the provisions of this chapter and Cal. Penal Code §§ 326.3, 326.4, and 326.5 are complied with by the licensee and its officers, employees, volunteers and members, and any violation of any of said provisions by any of the foregoing shall be imputed to the licensee. In addition to criminal penalties imposed by law, substantial evidence of a violation of any provision of this chapter, any provision of the forgoing Cal. Penal Code sections, or of any other law involving illegal gambling, fraud or theft in connection with conducting or sponsoring a bingo game, shall constitute cause for the suspension and/or revocation of the licensee's license.
D. The provisions of this § 5.204.150 shall govern over any inconsistent provisions of any other section of this chapter.
(Ord. 1156, passed 8-16-11)