HomeMy WebLinkAbout828 - OrdinancesORDINANCE NO. 828
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA ADOPTING REGULATIONS
APPLICABLE TO REMOTE CALLER BINGO, AND AMENDING
TITLE 5 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
The City Council ordains as follows:
Section 1. Anew Section 5.08.145 is hereby added to Chapter 5.08 of Title 5 of the Rancho
Cucamonga Municipal Code to read as follows:
"5.08.145 Remote Caller Bingo authorized.
A. Notwithstanding any other provision of this Code, Remote Caller Bingo may be
lawfully played in the City of Rancho Cucamonga pursuant to the provisions of California Penal
Code Sections 326.3 and 326.4, and this chapter, subject to the additional requirements and
restrictions set forth in this section.
B. Eligible organizations.Only those organizations specified in Section 5.08.020 of
this Chapter are eligible and authorized to apply for a license or license endorsement to conduct
Remote Caller Bingo. It is unlawful to play Remote Caller Bingo in the City without such license
or license endorsement.
C. License and operating requirements.
1. In order to conduct Remote Caller Bingo, any eligible organization may
apply for a license, or license endorsement if such organization already possesses a current,
valid license issued pursuant to Section 5.08.070 of this Chapter. Each applicant for a license
or endorsement shall comply with and be subject to the licensing procedures set forth in
Sections 5.08.050 through 5.08.080 provided, however, that the finance director may require
such additional information be provided as deemed necessary to ensure that the applicant
complies with all requirements of California Penal Code Section 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 Section
5.08.140. Each Remote Caller Bingo license or license endorsement issued pursuant to this
chapter is 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.
2. Each eligible organization issued a Remote Caller Bingo license or
license endorsement pursuant to this chapter ('licensee') shall comply with all applicable
provisions of California Penal Code Sections 326.3 and 326.4, including, but not limited to, the
following additional conditions:
a. Remote Caller Bingo games may only be conducted on property
owned or leased by, or donated for use by, the licensee.
b. Subject to the limitations in Section 5.08.110, no more than 750
players may participate in a Remote Caller Bingo game in a single location.
c. Every licensee shall provide the California Gambling Commission
not less than ten (10) days prior written notice of its intent to conduct Remote Caller Bingo,
which shall include all information described in California Penal Code Section 326.3(j)(4).
d. The licensee is responsible for ensuring that the provisions of this
chapter and California Penal Code Sections 326.3 and 326.4 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 foregoing Penal Code Sections, or of any other law involving 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 in accordance with the procedures set
forth in Section 5.08.150 of this chapter.
D. The provisions of this Section 5.08.145 shall govern over any inconsistent
provisions of any other section of this Chapter."
Section 2. Severability. The City Council declares that, should any article, provision,
section, paragraph, sentence or word of this Ordinance be or be declared invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive legislative, the
remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain
in full force and effect.
Section 3. Civil remedies available. The violation of any of the provisions of this
Ordinance shall constitute a nuisance and may be abated by the City through civil process by
means of restraining order, preliminary or permanent injunction or in any other manner provided
by law for the abatement of such nuisances.
Section 4. The City Clerk shall certify to the adoption of this Ordinance
Please see lGe following pnge
for formal adop[lon, certi/ication and signatures
Ordinance No. 828 -Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 7`" day of April 2010.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
l~
J. Kurth, M>D., Mayor
ATTEST:
i
l~. ~. ~~ „
~N Jan e C. eynol ,City Irk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 17`" day of March 2010, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
7`" day of April 2010.
Executed this 8`" day of April 2010, at Rancho Cucamonga, California.
~~„ Jarnge C. Reynolds,' City Cle k
Ordinance No. 828 -Page 3 of 3