Whenever the following terms are used in this chapter, they shall have the meanings ascribed to them in this section:
"Qualified organization"
means a mobile home park association, a senior citizens organization, a charitable organization affiliated with a school district or other organization exempted from the payment of the bank and corporation tax by Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 237011, or 23701w of the Revenue and Taxation Code.
"Remote caller bingo"
means a game of bingo in which the numbers or symbols on randomly drawn plastic balls are announced by a live person present at the site at which the live game is conducted, and the organization conducting the game uses audio and video technology to link any of its in-state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased, or rented by that organization.
(Ord. 896 § 1, 2015)
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. 896 § 1, 2015)
Remote caller bingo may be lawfully played in the city of Moreno Valley pursuant to the provisions of Sections 326.3 and 326.4 of the Penal Code, and this chapter, and not otherwise.
(Ord. 896 § 1, 2015)
Application for a remote caller bingo license or renewal thereof will be obtained from the city of Moreno Valley and reviewed by the Moreno Valley police department. All applications and renewals will be signed under penalty of perjury. Applications or renewals thereof will be filed with the Moreno Valley police department:
A. 
Not less than 30 days prior to the proposed date of startup of the remote caller bingo activity, which shall include:
1. 
The legal name of the organization and the address of record of the agent upon whom legal notice may be served.
2. 
The locations of the caller and remote players, whether the property is owned by the organization or donated, and if donated, by whom.
3. 
The name of the licensed caller and site manager.
4. 
The names of the administrative, managerial, technical, financial, and security personnel employed.
5. 
The name of the vendor and any person or entity maintaining the equipment used to operate and transmit the game.
6. 
The name of the person designated to having a fiduciary responsibility for the game pursuant to the California Penal Code Section 326.4 paragraph 2 of subdivision k.
7. 
The license numbers of all persons specified in paragraphs (1) to (6), inclusive who are required to be licensed.
8. 
A hard copy of the local ordinance for any city, county, or city and county in which the game will be played;
B. 
Not later than 30 days after obtaining written verification from the building and safety department that building standards have been met, that there is improved access to the premises where bingo is to be conducted, and that such premises contains off-street vehicle parking facilities on the basis of not less than one parking space for each two seats of bingo. One seat is defined as an area of seven and one-half square feet;
C. 
Applications will not be approved unless the applicant is a qualified organization as indicated in Section 11.55.010, owns or leases the property or has property whose use has been donated to it, and the property has been used by the applicant for the purposes for which it is organized for at least 12 months immediately preceding the filing of the application. If applicant currently possesses a valid bingo license issued by the sheriff of Riverside County or by any police chief in Riverside County, and has possessed same for at least 12 months prior to filing an application with the city, the Moreno Valley police department may waive the 12 month requirement of the above provision.
(Ord. 896 § 1, 2015)
A. 
The term of a remote caller bingo license is valid through the end of the calendar year, at which time the license shall expire. A new or renewal license may be obtained upon filing a new application and payment of the license fee.
B. 
The fee for a remote caller bingo license or renewal thereof, shall be $50 and shall accompany the filing of each application. Should an application for bingo or renewal thereof be denied, one-half of the fee shall be refunded.
(Ord. 896 § 1, 2015)
A. 
Upon receipt of the fee and application for a remote caller bingo license, the Moreno Valley police department will investigate the character of the applicant as well as the truth of the matters set forth in the application. The Moreno Valley police department may inspect the premises that are being used to conduct the game of remote caller bingo as indicated in the application.
B. 
The Moreno Valley police department will make inquiries to any office or department of the city, the county of Riverside, and to any state of California or federal agency it deems essential to carry out a proper investigation of the applicant or the organization.
C. 
The Moreno Valley police department will issue the remote caller bingo license upon approval of the application or renewal thereof.
(Ord. 896 § 1, 2015)
The Moreno Valley police department may deny an application for a remote caller bingo license if it finds that:
A. 
The organization does not fulfill the specific requirements for a license as set forth in this chapter;
B. 
Any agent or representative of the organization has knowingly made a false, misleading or fraudulent statement of a material fact in the application or any document in connection therewith;
C. 
Any member of the organization working in any capacity with the remote caller bingo games is not of good moral character. (If such a member has been convicted of a felony under the laws of the state of California within the past 10 years, or has been convicted of an offense in any other state within the past 10 years that, if committed in this state would constitute a felony, it shall be presumed that that individual member is not of good moral character.)
(Ord. 896 § 1, 2015)
A. 
If after an investigation, the Moreno Valley police department determines that a remote caller bingo license should be suspended, revoked or that an application should be denied, it shall prepare a notice of suspension, revocation or denial setting forth the reasons therefor. Notice of such action shall be given the applicant by registered return receipt mail to the address indicated on the application on file. The Moreno Valley police department may suspend or revoke a bingo license for, but not limited to, the following:
1. 
The licensee or any of its members have violated any of the provisions of this chapter;
2. 
The remote caller bingo games do not comport with the public welfare for any reason or that the same have been conducted in an illegal, improper or disorderly manner, or in a manner substantially different from that described in the applications;
3. 
For any reason for which the application for license could have been denied.
B. 
Any organization whose remote caller bingo license has been denied or revoked may reapply for a license one year after date of such revocation or denial.
C. 
Any organization whose license has been suspended may not conduct a game of bingo during the suspension period.
D. 
The denial, suspension or revocation of any license, unless due to loss of nonprofit status under Section 23701 of the Revenue and Taxation Code, may be appealed through the city clerk to the Moreno Valley city council.
E. 
Appeal must be made within 15 working days from date of notification of denial, suspension or revocation and must be in writing setting forth the reasons why denial, suspension or revocation of license should not be upheld. If the appeal is not made within the 15 days specified, the denial, suspension or revocation will stand. The city clerk shall give written notice to the appellant of the time and place of hearing.
F. 
In hearings regarding the denial, suspension or revocation of remote caller bingo licenses, the city council shall not be limited by the technical rules of evidence and may affirm, amend, or reverse the original decision to deny, suspend or revoke the license. The city council shall make its determination within 30 days from receipt of appeal in the city clerk's office.
(Ord. 896 § 1, 2015)
Any remote caller bingo license issued to an organization is not transferable to another organization. However, upon approval of the Moreno Valley police department a license may be relocated by the licensee within the city.
(Ord. 896 § 1, 2015)
A. 
A qualified organization will conduct a remote caller bingo game only on property owned or leased by it or on property whose use is donated to it for an office or for the purposes for which the organization has been established. Nothing in this subsection shall be construed to require that the property owned or leased by the organization or the property donated to it be for its exclusive use. No more than one qualified organization shall possess a license on the same property.
B. 
No minor (anyone under the age of 18) will be allowed to participate in any remote caller bingo game.
C. 
All remote caller bingo games shall be open to the public, not just to those who are members of the qualified organization.
D. 
A remote caller bingo game shall be operated and staffed only by members of the qualified organization which organized it. Such members shall not receive a profit, wage, salary or percentage from any bingo game. Only the qualified organization licensed to conduct a remote caller bingo game shall operate such game or participate in the promotion, supervision or any other phase of the game. The qualified organization will have written policies incorporated in its constitution, articles, bylaws or other regulations setting forth the manner in which a person may become a member of the organization. Absent any such written policies, it shall be presumed that the organization has no members who may operate and staff a remote caller bingo game. This subsection does not preclude the employment of security personnel who are not members of the qualified organization conducting the game.
E. 
No individual, corporation, partnership or other legal entity except the qualified organization shall hold a financial interest in the conduct of any remote caller bingo game.
F. 
With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a remote caller bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes.
G. 
With respect to other organizations authorized to conduct remote caller bingo games pursuant to this chapter, all proceeds derived from a remote caller bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Proceeds are the receipts of remote caller bingo games conducted by organizations not within subsection F. Such proceeds shall be used only for charitable purposes, except as follows:
1. 
The proceeds may be used for prizes;
2. 
A portion of the proceeds, not to exceed 20% of the proceeds before the deduction for prizes, may be used for the rental of property and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel;
3. 
The proceeds may be used to pay license fees.
H. 
The licensee shall keep full and complete accounting records, properly supported, to substantiate income and expenditures for all games of remote caller bingo conducted by the organization. Charitable contributions will be documented with name and address of recipient. All accounting records in connection with the remote caller bingo games shall be clearly identifiable and accessible. Officials of the city shall have the right to examine and audit all such records at any reasonable time. Licensee shall cooperate with city officials by making all such records available.
I. 
The licensee shall provide a monthly financial statement of income and expenses to the Moreno Valley police department. The report must include fund balance.
J. 
The total value of prizes awarded during the conduct of any remote caller bingo games shall not exceed 37% of the gross receipts for each game, by check only, for each separate game which is held.
K. 
Remote caller bingo games shall not be conducted between the hours of 12 midnight and 12 noon or more than two days during any seven-day period.
(Ord. 896 § 1, 2015)
Any peace officer of the city shall have access to any remote caller bingo game licensed under this chapter for the purpose of determining chapter compliance. The licensee shall have the bingo license, list of approved staff and accounting records available for inspection. Inspection may be during any bingo session in progress or during normal business hours.
(Ord. 896 § 1, 2015)
A. 
Any violation of this chapter by any organization to conduct a remote caller bingo game or by any person acting as its agent shall be cause sufficient to revoke the bingo license.
B. 
Any violation of Section 11.55.100(G) relating to the payment of profit, wage, salary or percentage of any remote caller bingo game to any member of an organization authorized to conduct remote caller bingo is a misdemeanor punishable by a fine not to exceed $10,000 under Section 326.5(b) of the Penal Code.
C. 
All sanctions provided herein shall be cumulative and not exclusive.
(Ord. 896 § 1, 2015)
The provisions of Section 11.55.120 are to be construed as added remedies and not in conflict or derogation of any other action, proceedings or remedy otherwise provided by law.
(Ord. 896 § 1, 2015)
This chapter shall become inoperative on July 1, 2016, or at such later date as authorized by California Penal Code Section 326.3, and any licenses or permits issued pursuant to this chapter shall immediately become void.
(Ord. 896 § 1, 2015)