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Each license issued pursuant to this section shall be subject to the following additional conditions:

a. Remote caller bingo games shall not be conducted by any licensee on more than two (2) days during any week, except that a licensee may hold one (1), additional game, at its election, in each calendar quarter.

b. The licensed organization is responsible for ensuring that the conditions of this section and Sections 326.3 and 326.4 of the Penal Code 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 license, in accordance with the provisions of this section.

c. No minors shall be allowed to participate in any remote caller bingo games.

d. An organization authorized to conduct a remote caller bingo game shall conduct the game only on property owned or leased by it, or the use of which is donated to the organization free of charge and is used by the organization for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property be used or leased exclusively by, or donated exclusively to, such organization.

e. All remote caller bingo games shall be open to the public and shall not be limited to just the members of the organization.

f. A remote caller bingo game shall not include any site that is not located in California.

g. No more than seven hundred fifty (750) players may participate in a remote caller bingo game in a single location.

h. A remote caller bingo game shall be operated, staffed, promoted, conducted and supervised only by members of the licensee organization and such members shall receive no profit, wage or salary from any such remote caller bingo game. Subject to the provisions of section 6-8.17a, this section does not preclude the employment of administrative, managerial, technical, financial, or security personnel who are not members of the authorized organization at a location participating in the remote caller bingo game by the organization conducting the game. Notwithstanding any other provisions of law, exclusive or other agreements between the authorized organization and other entities or persons to provide services in the administration, management, or conduct of the game shall not be considered a violation of the prohibition against holding a legally cognizable financial interest in the conduct of the remote caller bingo game by persons or entities other than the charitable organization, or other entity authorized to conduct the remote caller bingo games, provided that those persons or entities obtain the gambling licenses, the key employee licenses, or the work permits required by, and otherwise comply with, Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code. Fees to be paid under any such agreements shall be reasonable and shall not be determined as a percentage of receipts or other revenues from, or be dependent on the outcome of, the game.

i. No individual, corporation, partnership or other legal entity except the licensee organization shall hold a financial interest in the conduct or outcome of any remote caller bingo game.

j. Any organization that conducts a remote caller bingo game shall designate a person having fiduciary responsibility for the game.

k. An organization authorized to conduct a remote caller bingo game pursuant to this section shall not have overhead costs exceeding twenty (20%) percent of gross sales, except that the limitations of this section shall not apply to one-time, nonrecurring capital acquisitions. For purposes of this section, “overhead costs” includes, but is not limited to, amounts paid for rent and equipment leasing and the reasonable fees authorized to be paid to administrative, managerial, technical, financial, and security personnel employed by the organization as authorized by this chapter. For the purpose of keeping its overhead costs below twenty (20%) percent of gross sales, an authorized organization may elect to deduct all or a portion of the fees paid to financial institutions for the use and processing of credit card sales from the amount of gross revenues awarded for prizes. In that case, the redirected fees for the use and processing of credit card sales shall not be included in “overhead costs” as defined in the California Remote Caller Bingo Act. Additionally, fees paid to financial institutions for the use and processing of credit card sales shall not be deducted from the proceeds retained by the charitable organization.

l. No person shall be allowed to participate in a remote caller bingo game unless the person is physically present at the time and place where the remote caller bingo game is being conducted. A person shall be deemed to be physically present at the place where the remote caller bingo game is being conducted if he or she is present at any of the locations participating in the remote caller bingo game in accordance with this section.

m. All proceeds and profits derived from a remote caller bingo game shall be kept, maintained and used in accordance with State law.

n. All remote caller games shall be accessible to persons with disabilities in accordance with all applicable Federal and State laws, rules and regulations. (Ord. #2011-152)