Bingo Ordinance

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*Editor's note: Ordinance No. 93-18, adopted July 27, 1993, amended the Code by creating a new chapter; however, said ordinance did not specifically designate such new provisions. Subsequently, for purposes of clarification, §§ I--XXI of said ordinance were codified as Art. IV, §§ 5-71--5-101, at the editor's discretion.

Cross references: Administration, Ch. 2; licenses, permits and miscellaneous business regulations, Ch. 18; offenses and miscellaneous provisions, Ch. 21; sheriff, Ch. 25; utilities, Ch. 28; mobile home parks, App. A.

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The board of county commissioners finds and determines that:

(1) Section 849.0931, Florida Statutes, was enacted by the legislature in order to authorize charitable, nonprofit and veterans organizations engaged in charitable, civic, community, benevolent, religious or scholastic works and other similar activities to conduct bingo games and to donate the entire proceeds derived from these games, less actual business expenses for articles designed for and essential to the operation, conduct and playing of bingo, to such endeavors, thus, bringing, aid and comfort to the com munity and its members.

(2) Section 849.0931(2)(a), Florida Statutes, prohibits the proceeds from bingo games from being used for any purpose whatsoever other than the enumerated purposes.

(3) Section 849.0931(3), Florida Statutes, authorizes nonprofit organizations not involved in the efforts listed above to conduct bingo games only upon the condition that the entire proceeds be returned to the players in the form of prizes.

(4) Section 849.0931, Florida Statutes, contains various other provisions intended to assure that only the groups, associations, and organizations referred to in the statute are involved in and receive and/or distribute the proceeds of these games, but the present law is inadequate to fully achieve this objective because of a lack of regulatory authority.

(5) Monies from bingo games are frequently retained illegally or taken for noncharitable purposes through various ruses such as abnormally high rentals or salaries.

(6) Arrangements between and among lessors of places where bingo games are conducted, actual or putative nonprofit organizations and concessionaires at such games have become commercialized to an extent not contemplated or intended by the legislature.

(7) Effective enforcement of any law regarding bingo games can only be brought about by local regulation of these games to insure that the proceeds from the games pass into the hands of the groups, organizations or associations identified in Section 849.0931, Florida Statutes, in the manner and for the purposes set forth in the statute.

(Ord. No. 93-18, § I, 7-27-93)

In this article, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context otherwise requires:

Actual business expenses shall mean those expenses that have a direct bearing on and are necessary to the conduct of a bingo game and related activities, the allocation of which shall be in accordance with generally acceptable accounting practices.

(1) Authorized expenses on premise means a permitted organization includes equipment and supplies, accounting services for records and reports, state and local permit fees, advertising, cost of security personnel, pro rata costs for insurance, and utilities such as electricity, water, gas, sewage, garbage collection or trash collection resulting from conducting a bingo game, cost of refreshments provided at no cost to players and members, cost of prizes, cost of creating and maintaining a petty cash fund no lar ger than twenty-five dollars ($25.00).

(2) Authorized expenses at other locations means a permitted organization's bingo games conducted at other than permitted organization's, premises means and includes equipment and supplies, state and local permit fees, accounting services for records and reports, advertising, cost of security personnel, pro rata of insurance, and utilities such as water, sewer, gas, garbage and trash collection and electricity incurred in conducting bingo, costs of prizes, cost of refreshments provided at no cost to players and volunteers, cost of creating and maintaining a petty cash amount containing twenty-five dollars ($25.00) and rental charge so long as the rental charge does not exceed the fair market rent charged for similar premises in the county.

Associated group or organization shall mean a condominium association, a mobile home owners' association or a group residents of a mobile home park as defined in Chapter 723, Florida Statutes.

Authorized organization shall mean an organization as described in Section 849.0931(2)(a), Florida Statutes, other than a charitable organization that is entitled under the provisions of Section 849.0931, Florida Statutes, to conduct bingo.

Bingo or bingo game shall mean:

(1) Each participant must pay a charge and receives one or more bingo cards;

(2) The players cover squares as the member so designated announces a number, letter, or a combination of numbers and letters selected by chance from a receptacle containing objects bearing numbers, letters or combinations of numbers and letters corresponding to the system used for designating the squares on the bingo cards; and

(3) A prize is awarded to the winner, who is the player or players first properly covering a predetermined and announced pattern of squares on the bingo card.

Bingo card shall mean the flat, usually rectangular, piece of paper or thin pasteboard marked off into a set of twenty-five (25) squares arranged in five (5) vertical rows of five (5) squares each, each square being designated by a number, a letter or a combination of numbers and letters, and shall include a piece of paper or cardboard marked in braille. More than one set of numbers may be printed on a single sheet of paper.

Charitable organization shall mean any person which has qualified for exemption from federal income tax as an exempt organization under the provisions of Section 501(c) of the Internal Revenue Code of 1954 or Section 528 of the Internal Revenue Code of 1986, as amended, and who is or holds himself out to be established for any benevolent, educational, philanthropic, humane, scientific, artistic, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary purpose and which has bee n in existence and active for a period of three (3) years or more. It includes a chapter, branch, area, office, or similar officiate performing functions of the organization within the state for a charitable organization which has its principal place of business outside the state.

Chairperson shall mean the person designated by a permitted organization to be responsible for the conduct of bingo games.

Conviction or convicted shall mean and also includes an adjudication of guilt on a plea of guilty or nolo contendere, or the forfeiture of a bond, when a person has been charged with a misdemeanor involving theft or illegal gambling or with a felony.

Entire or net proceeds shall mean all moneys collected in exchange for the purchase of bingo cards, admissions and related sales, less only actual business expenses.

Lease shall mean and includes a lease, sublease, assignment, rental or agreement to use any premises for the conduct of bingo, other than premises owned by the permitted organization and used by it to conduct bingo for its own benefit.

Lessor shall mean a person who or organization which leases, subleases, assigns or rents any premises to be used for the conduct of bingo, or agrees to the use of the premises for the conduct of bingo.

Member shall mean a person who qualifies and has been accepted by the group or organization as a bona fide member or a person who qualifies and has been accepted by an affiliated auxiliary of the group or organization as a bona fide member of such auxiliary.

Owner shall mean the permitted organization which holds legal title to the premises on which a bingo game or a series of bingo games is played.

Permitted organization shall mean a permitted organization that has been issued a permit under this article.

Person shall mean an individual, partnership, corporation, subchapter S corporation, limited partnership, organization, trusts, foundation, group, association, society or any combination of them.

Player shall mean a person who has paid some amount of money to the member so designated to sell cards for one or more bingo cards and who has some expectation of receiving a prize if one or more of his bingo cards contains a sufficient number of numbers, letters or combinations of letters and numbers which are the same as those announced by the representative during a bingo game.

Premises shall mean an indoor or outdoor area used for the conduct of bingo.

Principal officer shall mean the president, vice-president, or treasurer, or partner or limited partner, or organization officers performing similar duties.

Prize shall mean cash or anything of value awarded to a player of a bingo game or players in a series of bingo games.

Representative in charge shall mean that member who has been designated by the chairperson to conduct bingo games.

Sheriff shall mean the person elected to that law enforcement position in Hernando County, Florida.

(Ord. No. 93-18, § II, 7-27-93)

(a) It is the intent of the board of county commissioners that all phases of the regulation, permitting and supervision of bingo be closely controlled and the law pertaining thereto be rigidly enforced, and that the diversion of proceeds of bingo games from the purposes authorized by Section 849.0931, Florida Statutes be eliminated.

(b) It is the further intent of the board of county commissioners that the provisions of this article shall not be applicable to those organizations and groups that have or serve fifty (50) players or less, with such number of players to be determined based on an annual average.

(c) It is the intent of the board of county commissioners that this article is supplementary to Section 849.0931, Florida Statutes, and any conflict will be resolved in favor of said statute. Violations of Section 849.0931, Florida Statutes, will result in the sanction/penalties as stated in Section 849.0931(13), Florida Statutes.

(Ord. No. 93-18, § III, 7-27-93)

Responsibility for administration of this article is vested in the board of county commissioners. Responsibility for enforcement of this article is vested in the county sheriff's office.

(Ord. No. 93-18, § IV, 7-27-93)

No person or nonprofit charitable organization, authorized organization, or associational group or organization may:

(1) Conduct a bingo game or a series of bingo games as a nonprofit charitable organization, authorized organization, or associational group or organization; or

(2) Lease any premises of any type for the conduct of bingo as a lessor, unless in either case the person or organization is the holder of a current annual permit as required by this article.

(3) Engage in the conduct of bingo or rent premises to any person to conduct bingo games within the county unless a permit has first been obtained pursuant to this article.

(4) Lease any premises owned or leased by it to another for the purpose of playing or conducting bingo unless the permitted organization that owns or leases the premises has obtained a Class B permit required by this article to engage in leasing such premises.

(5) With more than one branch, chapter, lodge, agency, or other unit within the county, permit such branch, chapter, lodge, agency, or other unit to engage in conducting bingo games or leasing premises until each individual branch, chapter, lodge, agency, or other unit has filed a separate application for permit and agreed to conform to all regulations in this article and Section 849.0931, Florida Statutes.

(6) In addition to the other requirements set forth in this section, a permitted organization or lessor may only obtain a permit when such entity or person can demonstrate that such person or organization has been a resident of the county for the last three (3) years, that such person or organization will not distribute their own bingo supplies, and that such person or organization agrees to conform to all provisions of this article.

(Ord. No. 93-18, § V, 7-27-93)

Permits shall be issued under the following classifications:

(1) A Class A permit shall be issued to a charitable organization conducting bingo pursuant to the provisions of Section 849.0931(2), Florida Statutes. Where a permitted organization has more than one branch, chapter, lodge, agency, or other local unit within the county, it shall make separate application for a Class A permit for each branch, chapter, lodge, agency or local unit within the county which intends to conduct bingo, each of which, if granted a permit, shall be a permitted organization subject to the limitations contained in Section 849.0931(5), (6), (7), (8), (9), (10), (11) and (12), Florida Statutes, as well as any additional requirements and/or limitations set forth in this article, at any permitted location within the county owned or leased by the permitted organization pursuant to this article, as long as the permit for the permitted organization remains valid and effective. A Class A permit authorizes the permitted organization to conduct bingo pursuant to this article; it does not authorize the permitted organization to lease any premises owned or leased by it to any other person or organization, whether permitted under this article or not, for the purpose of conducting bingo. The permitted organization shall utilize their identified members to conduct the bingo game or bingo games. Bingo may not be conducted on any more than a two-day period in any seven-day period. No payment of compensation or tipping shall occur during before or after the conduct of bingo.

(2) A Class A permit shall be issued to an authorized organization conducting bingo pursuant to the provisions of Section 849.0931, Florida Statutes. Where such an organization has more than one branch, chapter, lodge, agency, or other local unit within the county, it shall make separate application for a Class A permit for each branch, chapter, lodge, agency or local unit within the county which intends to conduct bingo, each of which, if granted a permit, shall be permitted organization. Such permitted organi zation shall also be subject to the limitations contained in Section 893.0931(5), (6), (7), (8), (9), (10), (11), and (12), Florida Statutes, in addition to any other limitations and/or requirements set forth in this article at any permitted location within the county owned or leased by the permitted organization pursuant to this article, as long as the permit for the permitted organization remains valid and effective. A Class A permit authorizes the permitted organization to conduct bingo pursuant to this article; it does not authorize the permitted organization to lease any premises owned or leased by it to any other person or organization, whether permitted under this article or not, for the purpose of conducting bingo. An authorized organization must use their identified volunteers to conduct the bingo game or bingo games. No payment of compensation or tipping shall occur before, during, or after bingo.

(3) A Class A permit shall be issued to an associated group or organization as defined herein that conducts bingo pursuant to Section 849.0931, Florida Statutes. Such permitted organization shall be subject to the further requirements set forth in Section 849.0931(5), (6), (7), (8), (9), (10), (11), and (12), Florida Statutes, in addition to any other limitations and/or requirements set forth in this article. A Class A permit only authorizes the associational group or organization to conduct bingo pursuant to t his article. It does not authorize such permitted organization to lease any premises owned or used by it to any other person or organization.

(4) A Class B permit shall be issued to a person to organization acting as a lessor. Where a person or organization has more than one premises within the county which it wishes to lease to permitted organizations holding valid and effective Class A permits, it shall make separate applications for a Class B permit for each premises at which bingo may be conducted. A Class B permit only authorizes the permitted organization to lease each permitted premise owned or leased by it to permitted organizations for the p urpose of conducting bingo; it does not authorize the permitted organization to conduct bingo. A permitted organization holding a Class A permit may also hold a Class B permit.

(Ord. No. 93-18, § VI, 7-27-93)

(a) No permit shall be issued to:

(1) A lessor, charitable organization, authorized organization or associational group or organization if the chairperson or any of the principal officers thereof has, within five (5) years of the date of the application, been convicted of any misdemeanor involving a theft or illegal gambling or of any felony under the laws of this state, any other state, or the United States.

(2) A lessor whose representative or any of whose principal officers is less than eighteen (18) years of age.

(3) A charitable organization, unless, at the time it files an application, it holds a valid certificate of exemption issued pursuant to Section 501(C), Internal Revenue Code of 1954, or a similar exemption certificate issued pursuant to Section 528 of the Internal Revenue Code of 1986. Such exemption certificate must be displayed at the time of permit application.

(4) An authorized organization, unless, at the time it files an application, it holds a valid certificate of exemption issued pursuant to Section 528 of the Internal Revenue Code of 1986, and it also submits its nonprofit articles of incorporation and charter or similar documents to demonstrate its nonprofit status; provides evidence in the form of a corporate charter, partnership agreement or similar documentation satisfactory to the county that it has been in existence for a period of at least three (3) years .

(b) No permit shall be issued to a lessor whose permit under this article has previously been revoked unless, in each case, the board of county commissioners shall specifically authorize the issuance of the permit after it becomes satisfied that the reason or reasons for revocation have been corrected and steps taken to insure that such problem or problems will not arise in the future.

(c) No permit shall be issued to use a computerized bingo card or conduct a computer bingo game.

(Ord. No. 93-18, § VII, 7-27-93)

(a) Application. A lessor desiring to obtain a permit under this article shall file with the county a sworn application on forms supplied by the county. The representative of the lessor or chairperson of an organization desiring a permit shall file the applications and execute the oath. The application shall contain at least the following information:

(1) If the applicant is an individual, his name, residence address and age; an unincorporated organization, its full name and the names, ages and residence addresses of its principal officers; a corporation, the exact corporate name and state of incorporation and the names, ages and residence addresses of its principal officers and board of directors.

(2) The representative's full name, age and residence address.

(3) Whether any of the individuals listed pursuant to paragraphs (1) and (2) has, within the five-year period immediately preceding, been convicted of any misdemeanor involving a theft or illegal gambling or of any felony under the laws of the State of Florida, the United States or any other state and, if so, the particular criminal act involved and the place of conviction.

(4) If any individual listed pursuant to paragraphs (1) and (2) is a naturalized citizen, the date and place of naturalization.

(5) Whether the application has had any permit under this article or a license/permit issued by any other jurisdiction revoked or suspended and, if so, the date of each revocation and suspension.

(6) The names of all municipalities or counties where an application has been made for a permit to conduct bingo or to lease premises for the conduct of bingo.

(7) The name of each blank in which the net proceeds from the conduct of bingo or fees from the lease of any premises for the conduct of bingo are to be deposited.

(8) The classification of the permits for which the application is being filed.

(9) If the permit classification being applied for is a:

a. Class A permit:

1. The street address and ownership of the premises where the bingo games are to be conducted, if known at the time of the application is filed, and each of them if more than one.

2. The applicant's current 501(c) certificate under the Internal Revenue Code of 1954 or current exemption certificate issued under Section 528 of the Internal Revenue Code of 1986, as amended.

3. If the applicant is a corporation, the applicant's nonprofit charter, or, if not a corporation, such other documentation as will demonstrate the nonprofit charitable purpose of the applicant. If such information is not satisfactory to the county, the applicant may be requested to produce other evidence such as will confirm the nonprofit charitable status of applicant to the county.

4. The days of the week on which bingo games are to be conducted, which for any applicant shall not exceed two (2) days per week.

5. If the applicant is a branch, chapter, lodge, agency or other local unit of a nonprofit organization or nonprofit charitable organization, the name of the primary organization and the street address of its principal office.

6. At the time of renewal and every renewal thereafter, a financial statement in the form prescribed by the county containing the sources and amount of the gross revenue derived by the applicant from the conduct of bingo during the twelve-month period immediately prior to the date of the application, and stating the names of the distributee of the net revenues and the amounts received by each, together with executed receipts signed by each distribute acknowledging receipt of the funds, which statement must be certified as correct by a principal officer, one of the partners or any similar principal, but need not be audited.

7. Execute a form authorization, authorizing the county or its designee to inspect all books or other records of applicant within twenty-four (24) hours of any bingo game.

8. Contain a list of volunteers to be used by the organization. The volunteers set forth on the list must be bona fide members of the organization and must have been members for at least three (3) months prior to being listed. Applicant shall execute a form agreeing to update such list any time changes are made. Such list shall at all times only contain the names of volunteers [and] the membership requirements set forth herein.

b. Class B permit:

1. The street address and ownership of the premises for which the permit is being sought.

2. If the applicant is not the owner of the premises and if the premises are leased, the period of time for which such premises have been leased by the applicant, which time period shall not be less than the time period prescribed in Section 849.0931(11)(C), Florida Statutes.

3. If the applicant is leasing premises from another nonprofit organization qualified under this article, the class and date of issuance of the permit held by the other organization.

4. Attached fully executed copies of any rental agreements, leases or subleases presently existing or proposed, involving the premises sought to be used by applicant and an executed form whereby applicant agrees to submit a copy of any lease, sublease, or rental agreement applicant enters into during the time the permit is in effect.

5. At the time of renewal and every renewal thereafter, a financial statement in the form prescribed by the county, containing the sources and amount of applicant's gross revenue during the twelve-month period ending immediately prior to the date of the application, which statement must be certified as correct by a principal officer, one of the partners or any similar principal, but need not be audited.

(10) If the applicant is a partnership, corporation or unincorporated organization, the application, in addition to other documentation required herein, will be accompanied by the following additional documents:

a. If the applicant is a partnership, an executed copy of the partnership instrument.

b. If the applicant is a corporation, the articles of incorporation with all amendments thereto and the charter issued by the secretary of state.

c. If the applicant is an unincorporated organization, the constitution and bylaws of the organization.

(11) A notarized statement certifying that all information on the application and any submittal or attachments thereto is true, and that the applicant understands that any misstatement of material fact in the application will result in the denial of the permit or, if it has been issued, in the suspension or revocation of the permit.

(b) Fee. Each application shall be accompanied by a nonrefundable fee, which will be set by resolution.

(Ord. No. 93-18, § VIII, 7-27-93)

Upon receipt of an application properly completed and filed, and upon payment of the application fee, the county shall investigate the qualifications of the applicant to determine the applicant's eligibility for a permit in accordance with the provisions of this article. The county may request the assistance of other county agencies, and they shall provide such information and assistance as the county deems necessary.

(Ord. No. 93-18, § IX, 7-27-93)

(a) Upon completion of the investigation of an application, the county shall, within thirty (30) days following the investigation, either approve or disapprove the application.

(b) If the application is disapproved, the county shall provide the applicant, through its representatives, notice of the disapproval and the reasons therefor. If the results of the investigation indicate that the applicant may be eligible if corrective or remedial action is taken by it, the county shall afford the applicant an opportunity, within a reasonable time allowed by the county, to take such action and become eligible, the application with any amendments shall be approved and the permit shall be issued upon payment of the permit fee provided in section 5-87. If the applicant fails or refuses to take such action within the time allowed by the county, or if the results of the investigation indicate that no corrective or remedial action by the applicant is possible, the disapproval by the county shall be final. An appeal of such denial can be taken to the board of county commissioners within thirty (30) days of the date of notification of denial by the administrative official.

(Ord. No. 93-18, § X, 7-27-93)

(a) At any time after the application is filed and, if it is approved, so long as the permit issued thereon is valid and effective, the application may be amended by the filing by the representative of the applicant or permitted organization as the case may be, of an amended application without an additional application fee, if any of the information contained in the application changes. An amended application shall be filed if any of the following changes occur:

(1) Any of the principal officers change, which shall require the filing of the information required by section 5-78(a)(2), (3) and (4) as appropriate, with respect to the new principal officer or officers.

(2) The representative changes, which shall require the filing of the information required by section 5-78(a), as appropriate, with respect to the new representative.

(3) The structure or purpose of the organization changes, which shall require the filing of the information required by section 5-78(a), 5-78(A)(9)a.1. or b.1., or 5-78(a)(9)a.2. or b.2., with respect to such matters.

(b) In each instance of the filing of an amendment under this section, the county shall conduct such investigation of the new or additional matters as deemed necessary to determine the eligibility or continued eligibility of the applicant or permitted organization, as the case may be, to hold a permit pursuant to this article. The provisions of section 5-80 shall be applicable to the results of investigations conducted pursuant to this section; provided, that where the amendment if of an application on which a permit has already been issued, disapproval by the county of the amendment shall subject the permit to the possibility of suspension or revocation as provided in section 5-85. No amendment may be filed if the effect of approval thereof by the county would be to make the applicant eligible to hold a permit of a classification other than that for which the application was originally filed or where the amendment would create a permitted situation inconsistent with the intent of this article. An amendment of th e application need not be filed in any instance where notification to the county is sufficient.

(Ord. No. 93-18, § XI, 7-27-93)

A permit issued under this article shall be nontransferable from one permitted organization or lessor to another. This prohibition shall not be construed to prevent an organization or lessor from changing the name set forth in the original application; however, an amendment to the original application for the permit shall be filed with the county, as provided in section 5-81.

(Ord. No. 93-18, § XII, 7-27-93)

Each permitted organization and lessor permitted under this article shall display the permit in a conspicuous place on the premises where bingo games are conducted, or premises leased for the conduct of bingo games, in a transparent cover or frame. The permit shall be available for inspection at all times by persons using the premises when bingo games are in progress. No person shall mutilate, cover, obstruct or remove a permit so displayed.

(Ord. No. 93-18, § XIII, 7-27-93)

(a) All permits issued under this article, except new permits, shall be annual permits which shall expire on September thirtieth next following, provided; that when the county is investigating the continued eligibility of a permitted organization or lessor as provided in subsection (b), a permit which was presented to the county, as required by subsection (b) on or before September thirtieth, shall not expire until the decision by the county under subsection (b) is final. An authorized organization, association al group or organization or lessor obtaining a new permit after October first and before April first may do so upon application thereto, and the payment of the appropriate permit fee and such permit shall expire on the following September thirtieth. A permitted organization or lessor, obtaining a new permit after March thirty-first, and before October first, may do so upon application therefor and the payment of one-half ( 1/2) of the appropriate permit fee and such permit shall expire on September thirtiet h of the same year.

(b) A permitted organization or lessor shall be entitled to a renewal of the permit on an annual basis on or before October first by presenting the permit for the previous year or satisfactory evidence of its loss or destruction, in either case properly endorsed by the county, as provided in this subsection, to the county administrative official and by paying the appropriate permit fee. Before a permit may be renewed, the permitted organization or lessor shall present the permit or evidence of the loss or destr uction of the permit, as the case may be, to the county, together with such evidence of the permitted organization's or lessor's continued eligibility to hold the permit as may be required by the county. It shall not be necessary for a permitted organization or lessor holding a valid and effective permit issued under this article to file a new application to renew the permit nor to pay any additional application fee. Renewal of a permit shall not be as a matter of course nor of right, and a county administr ative official may conduct such investigation of the permitted organization or lessor's continued eligibility, and shall endorse approval on the permit or evidence of loss or destruction as the case may be, and the permit may thereupon be renewed. If the county is not satisfied as to the permitted organization's or lessor's continued eligibility, he shall proceed as provided in section 5-80(6) in the case of denial of a permit.

(Ord. No. 93-18, § XIV, 7-27-93)

(a) The county is authorized to suspend or revoke a permit when it is determined, upon sufficient cause, that:

(1) In the case of a permitted organization or its representative or chairperson or members in charge, its officers, servants, employees or members:

a. While conducting or assisting in the conduct of a bingo game, gave, offered or distributed any service or thing of value to encourage or entice participation in the play of any bingo game, contrary to the prohibition of section 5-96.

b. Permitted its name to be used in connection with a bingo game that is conducted by any other person, contrary to the prohibition of section 5-91(a), or acquiesced in such use.

c. Permitted a member to conduct a bingo game on its behalf contrary to any of the conditions of play stated in section 5-90, or acquiesced in such conduct.

d. Permitted the consumption of any alcoholic beverage in that part of any premises where a bingo game was being conducted.

e. Required or permitted any person who has not been an active member of the permitted organization for a period of at least three (3) months prior to this appointment or designation to act or serve as its representative or to conduct bingo.

f. Offered, paid or gave any salary, compensation, tip or reward in any form whatsoever, directly or indirectly, to any person or volunteer conducting or assisting in the conduct of bingo.

g. Failed or refused to maintain the records or make the reports required by this article or by the county pursuant to this article.

(2) In the case of a lessor, the lessor:

a. Conducted, assisted or participated in the conduct of bingo, or rendered any service, or offered, distributed or gave anything of value to anyone conducting, assisting or participating in the conduct of bingo or to any member or volunteer of a permitted organization contrary to the prohibitions of section 5-92(b).

b. Permitted the consumption of any alcoholic beverage in that part of any premises where a bingo game was being conducted, or acquiesced in such consumption.

c. Permitted any premises owned or controlled by the lessor to be used for the conduct of bingo contrary to any of the conditions stated in section 5-93.

d. Failed or refused to maintain the records or to make the reports required by this article.

e. Failed or refused to make records available on demand by the county or his authorized representative, as provided in section 5-92(d).

(b) Before the county suspends or revokes a permit, it shall furnish the permitted organization or lessor a written statement, by certified or registered mail, or by personal service, of the cause for the suspension or revocation. The permitted organization or lessor shall have twenty (20) days from the date of the statement in which to request in writing a hearing before the board of county commissioners on the matter. If no request is made within this time, the county shall proceed to suspend or revoke the pe rmit without further proceedings. If a hearing is requested, the permitted organization or lessor shall be entitled to produce witnesses, cross-examine witnesses and be represented by counsel. After the hearing, the county shall make the decision and notify the permitted organization or lessor thereof by certified or registered mail or by personal delivery.

(c) In the order suspending or revoking a permit, the county may withhold the suspension or revocation of a permit, or may condition the early termination of the period of suspension or the reinstatement of a revoked permit, upon terms the county deems appropriate to implement the intent stated in section 5-73.

(Ord. No. 93-18, § XV, 7-27-93)

Whenever the county suspends the permit of a permitted organization or lessor, the permitted organization or lessor whose permit has been suspended shall be ineligible to apply for the issuance of another permit in either classification for the period of the suspension.

(Ord. No. 93-18, § XVI, 7-27-93)

The fees collected under this article are fees paid for the purpose of examination and inspection of permitted organizations, lessors and premises under this article, and are declared to be regulatory fees in addition to, and not in lieu of, the occupational permit taxes that may be required or imposed by the county. The payment of permit fees under this article shall not relieve the permitted organization or lessor or any other person of liability for the responsibility of paying an occupational permit tax where it is required, and for doing such acts and providing such information as maybe required by the occupational permit chapter. An annual permit fee shall be established by resolution.

(Ord. No. 93-18, § XVII, 7-27-93)

Each permitted organization and lessor shall keep such records and make such reports as may be required by the county to implement this article and carry out its purpose. By applying for a permit under this article, a person shall be deemed to have consented to the provisions of this article and, to the exercise by the county of the authority granted by this article, such fees shall be paid to the board of county commissioners.

(Ord. No. 93-18, § XVIII, 7-27-93)

(a) A bingo card may be either disposable or reusable. If the bingo card is disposable, it shall not be used for more than one series of designated bingo games. It shall be serially numbered and color-coded and shall be sold to players at a constant unit price, which shall be quoted in all advertising, published in and posted on the permitted organization's program for each session, all printed material distributed in relation to bingo. The serial number shall be imprinted on one side of the bingo card, togethe r with the trade name or logo of the manufacturers. Cash register receipts or records shall be maintained by serial number and color code of the number of disposable bingo cards sold at each session of play. If the bingo card is reusable, it shall be sold to players at a constant unit price. At the time of sale, each player shall be issued a serially numbered, color-coded admission ticket which indicates the number of bingo cards he/she is authorized to play during the session and the price paid. Receipts, records shall be maintained by indicating the number of cards sold on each admission ticket.

(b) Supplies and equipment bought by a permitted organization for bingo games shall be purchased from a distributor authorized to do business in the state.

(c) A distributor of bingo equipment and supplies who sells, rents or leases equipment and supplies or supplies to a permitted organization shall provide the permitted organization with a placard having dimensions no less than five (5) inches by seven (7) inches stating the name and address of the manufacturers of the bingo cards supplied by the distributor. The permitted organization shall display the placard on a wall clearly visible to persons using the premises during each bingo game the supplied bingo card s will be used.

(Ord. No. 93-18, § XIX, 7-27-93)

Each bingo game shall be conducted under the following conditions of play:

(1) Permitted organizations may not conduct bingo any more than two (2) days during any calendar week.

(2) Prizes, including jackpot and all other awards, shall not exceed the limits established by Section 849.0931, Florida Statutes.

(3) No service or thing of value shall be given, offered or distributed by a permitted organization to encourage or entice participation in the play any bingo game, except that the furnishing by a permitted organization of non-alcoholic beverages or pastries on the premises without cost shall not be construed as encouragement or enticement.

(4) All winners shall be determined and all prizes shall be awarded within the same calendar day as that upon which the game is conducted. If the permitted organization has not completed the bingo session by midnight on the day of play, a majority vote determined by the raising of hands will be conducted as to the disbursement of the remaining prize(s). That majority will determine if the remaining prize(s) will be returned fairly to the players or donated to a charitable nonprofit or veterans organization whic h is exempt from federal income tax under the provisions of Section 501(c) of the Internal Revenue Code. That majority vote will authorize the chairperson to determine the method of the return to the players or to the Section 501(c) recipient who would receive the remaining prize(s).

(5) No person under the age of eighteen (18) years shall:

a. Participate or be allowed to participate in any bingo game.

b. Be present or allowed to be present in that part of the premises where a bingo game is being conducted.

(6) No bingo card shall be removed from the premises where the bingo game is being conducted for any reason whatsoever while a bingo game is in progress.

(7) No alcoholic beverages shall be permitted, consumed or allowed to be consumed in that part of any premises where a bingo game is being conducted.

(8) No other game of chance or skill whatsoever shall be offered, played, conducted or participated in by any person on the premises where a bingo game is in progress or is to be played or conducted.

(9) The game of bingo shall not be conducted or played under any other name, designation, title, label, term or pseudonym.

(10) Once a bingo game has begun by the drawing or ejection of the first number, no further purchases of bingo cards for that game may be sold or given, and no other bingo game will be played until that game is completed.

(11) Each member conducting or assisting in the conduct of a bingo game shall wear a legible tag bearing his name and the name of the permitted organization. The representative or member in charge of the permitted organization shall be present on the premises at all times when a bingo game is in progress. The member or volunteer shall not conduct bingo for any more than one other permitted organization or lessor permitted under this article. During the course of a bingo game, the permitted organization shall pos t, in a conspicuous place in letters and numbers no less than one inch high, the names of all members conducting or assisting in the conduct of the bingo game.

(12) Every person directly involved in the conduct of a bingo game must be a bona fide member of the permitted organization for at least the least three (3) months.

(Ord. No. 93-18, § XX, 7-27-93)

(a) Permit required. It shall be unlawful for a person to conduct a bingo game unless the person is a permitted organization holding a current and effective Class A permit, which permit shall not be under suspension or permanently or conditionally revoked. No permitted organization shall allow the use of its name in any manner or for any reason whatsoever for the conduct of bingo by any other person.

(b) Separate bank account. The entire proceeds derived from the conduct of bingo by a permitted organization shall be deposited either at the conclusion of each day of play or the next available banking day in a checking account in a bank which shall be maintained separate and apart from all other accounts of the permitted organization and which shall not be used for the deposit of funds received from any other activity than the conduct of bingo. Two (2) of the principal officers of the permitted organization shall be required to si gn all checks, drafts and other instruments withdrawing or transferring funds from the checking account, without exception. The provisions of this subsection shall not preclude:

(1) In the case of a permitted organization, the periodic transfer of the entire net proceeds derived from the conduct of bingo into a savings or other account established for the charitable, religious, educational, fraternal, patriotic, civic, community or benevolent endeavor for which the bingo games were played.

(2) In the case of an authorized organization, or associational group or organization, the withdrawal of the entire net proceeds, or the necessary portion thereof, to be used on the next scheduled day of play as prizes.

(c) Maintenance of records. A permitted organization shall maintain adequate records according to generally accepted accounting practices and which records shall show:

(1) Gross proceeds from any source related to the conduct of bingo, including a method of cash control with respect to admissions and other related activities.

(2) Receipts records as required by section 5-89(a).

(3) Actual expenses.

(4) Entire or net proceeds.

(5) The distribution or disposition of the entire or net proceeds.

These records shall be made available on demand for immediate inspection by the county or its authorized representative, or the sheriff's office, at reasonable times during normal business and whenever a bingo game is in progress, but the county or its authorized representative shall not interrupt an actual bingo game or interfere with the operation of the premises where bingo is played unless necessary in order to make an inspection. All records shall be retained by the permitted organization for a minimum time of three (3) years.

(d) Financial statement; other reports. Annually, a permitted organization shall file with the county a financial statement containing the sources and the amount of the gross revenue derived by the permitted organization from the conduct of bingo during the twelve-month or other period for which the statement is being filed, and stating the names of the distributees of the net revenues and the amounts received by each. This financial statement shall be certified as correct by a principal officer, one of the partners or one who controls the permi tted organization, but need not be audited; provided, that the foregoing language shall not prohibit an operation from filing an audited financial statement nor the county from requiring the filing of an audited financial statement whenever it determines that an audited financial statement is necessary to ascertain whether the permitted organization is obeying the law and the rules promulgated under the authority of section 5-74. The county may also require a permitted organization to submit other reports, on a periodic basis or upon demand covering the activities connected with or related to the conduct of bingo.

(e) Active membership or members and volunteers. The member involved in or assisting with the conduct of any bingo game shall have been an active member of the permitted organization for a period of at least three (3) months prior to his appointment or designation to conduct bingo, and proof of the length of membership shall be furnished by the permitted organization upon demand by the county [by] the possession by the member of a valid identification or membership card issued by the permitted organization containing the date of active membership and the full name of the person to whom it is issued. A change of a principal officer or of a member of a permitted organization may be made at any time, but such change shall require the immediate filing with the county of an amendment of the permitted organization's application as prescribed by section 5-81.

(f) Compensation prohibited. No salary, compensation, tip or reward in any form whatsoever shall be offered, paid or given, before, during or after, directly or indirectly, to any member conducting or assisting in the conduct of bingo.

(Ord. No. 93-18, § XXI, 7-27-93)

(a) Permit required. It shall be unlawful for a person to lease, sublease, assign or rent any premises for the conduct of bingo, or agree to the use of any premises for the conduct of bingo, unless the person shall have a current and valid Class B permit under this article, which permit shall not be under suspension or permanently or conditionally revoked. The holder of a Class B permit may not lease or otherwise permit its premises to be used for the conduct of bingo more than three (3) times in one week. This requirement for a Class B permit shall not apply when a permitted organization holding a Class A permit is the owner of the premises upon which it conducts bingo games only and solely for its own benefit.

(b) Interest in bingo prohibited. No lessor and no officer, director, stockholder, employee or any other person having an interest in the lessor shall conduct, assist or participate in the conduct of bingo or render any service or offer, distribute or give anything of value to anyone conducting, assisting or participating in the conduct of bingo or to any member of a permitted organization.

(c) Separate bank account. The entire proceeds derived by a lessor from the leasing of premises upon which bingo is conducted shall be deposited in a checking account in a bank which shall be maintained separate and apart from all other amounts of the lessor and shall to not be used for the deposit of funds received from any other activity than the leasing of premises for the conduct of bingo. If the lessor is other than an individual, two (2) of the required principal officers or partners shall be required to sign all checks, draft s and other instruments withdrawing or transferring funds from the checking account, without exception. The provisions of this subsection shall not preclude the periodic withdrawal or transfer of the net proceeds, after payment of the actual business expenses related to the premises from which the funds were derived, for the use of the lessor.

(d) Maintenance of records. A lessor shall maintain adequate records according to generally accepted accounting practices, which records shall show all gross proceeds, actual business expenses and the entire or net proceeds from leases or rentals of premises for the conduct of bingo, and which shall also include copies of the executed leases or agreements, if any, for such premises. These records shall be made available on demand for immediate inspection by the county or its authorized representative at reasonable times during normal business hours. All records shall be maintained by the lessor for a minimum of three (3) years.

(e) Financial statement; other reports. Annually, each lessor shall file with the county a financial statement, in the form prescribed by the county, containing the sources and the amount of the gross revenue derived by the lessor from the leasing of premises for the conduct of bingo during the twelve-month or other period for which the statement is being filed, and stating the actual business expenses related to the premises. The financial statement shall be certified as correct by a principal officer, one of the partners or one who controls th e lessor, but need not be audited; provided, that the foregoing language shall not prohibit a lessor from filing an audited financial statement.

(Ord. No. 93-18, § XXII, 7-27-93; Ord. No. 94-02, § 1, 2-8-94)

A premise may be used to conduct bingo under the following conditions:

(1) Bingo shall not be conducted between the hours of 12:00 midnight and 9:00 a.m.

(2) Bingo may be conducted on Sunday.

(3) Not more than one permitted organization shall lease any premises for the conduct of bingo in any twenty-four-hour period, and no other permitted organization shall conduct bingo upon the same premises in that time period. This prohibition shall not extend to or affect the leasing, rental or use of premises for any other purpose than the conduct of bingo.

(4) A premises shall be leased, rented or used for the conduct of bingo only if the lessor has indicated the premises on his application for the Class B permit.

(5) The rental fee for the lease of any premise on which bingo games are to be conducted shall not be calculated on a percentage basis of the seating capacity of the leased premises or the game receipts before or after payment of the actual business expenses or of the number of persons attending any occasion that includes the play of bingo games. The amount paid for such lease shall not exceed the fair market value of the leasehold interest. The county shall be authorized to require the lessor to demonstrate th e manner or method by which the fair market rent was determined.

(6) When the rental fee for the lease of any premises on which bingo games are to be conducted includes the use of equipment, tables, chairs and other articles essential to the conduct of bingo, the provisions of subsection (5) shall apply, except that the amount paid for the lease may include a separate charge which shall not be greater than the fair market rental charge for such equipment. The county may require the lessor to demonstrate the manner and method by which the fair market rental charge for such eq uipment was determined.

(7) The lessor may provide or may permit a concessionaire to provide food and non-alcoholic beverages for the persons on the premises while bingo games are being conducted. These items shall be provided without cost or they may be sold for a price determined by the seller of the items; provided, that if the items are sold for a price, the lessor may not require that any of the items be purchased as a condition of playing a bingo game. If a concessionaire is permitted to provide the terms, neither the concession aire nor an officer, director, stockholder, employer or other person having an interest in the concessionaire shall conduct, assist or participate in the conduct of bingo, or render any service (other than as the permitted concessionaire) or offer, distribute or give anything of value (other than the food and non-alcoholic beverage items it is permitted to provide) to anyone conducting, assisting or participating in the conduct of bingo or to any member of a permitted organization. Payments by a concessiona ire to a lessor under and strictly according to the terms of the concession permit shall not be deemed an unlawful contribution to or interest in bingo, and all payments shall be shown by the recipient lessor on the financial statements required by sections 5-91(d) and 5-92(e). All concession permits or concession agreements shall be in writing, and the lessor or permitted organization, authorized organization or associated group or organization shall keep an executed copy thereof in the records required by section 5-91(d) or section 5-91(e) to be maintained.

(Ord. No. 93-18, § XXIII, 7-27-93)

It shall be unlawful for person or permitted organization to conduct bingo or to lease or rent premises for the conduct of bingo unless the person or organization shall have a currently valid permit of the proper classification therefor under this article, which permit shall not be under suspension or permanently or conditionally revoked. The use by the holder of a Class B permit of a concessionaire shall not preclude those persons attending a bingo game from providing their own food and non-alcoholic bever ages.

(Ord. No. 93-18, § XXIV, 7-27-93)

It shall be unlawful for a permitted organization to admit a minor to that part of any premises where a bingo game is being conducted, or to permit a minor to participate in a bingo game.

(Ord. No. 93-18, § XXV, 7-27-93)

It shall be unlawful for a permitted organization, or a member or volunteer of a permitted organization, to give or offer or distribute any service or thing of value, including a tip to encourage or entice participation in the play of any bingo game, except pastries or non-alcoholic beverages to be consumed on the premises furnished without cost to the players or sold for a price by concessionaires, by the lessor of the premises or by the permitted organization. The prohibition set out herein shall not incl ude free games set forth on any programs as long as all players may participate.

(Ord. No. 93-18, § XXVI, 7-27-93)

No person shall mutilate, destruct, tear down, remove or otherwise tamper with an official notice, placard, poster or other sign required by this article, to be posted unless authorized to do so by this article.

(Ord. No. 93-18, § XXVII, 7-27-93)

No persons shall knowingly make, or induce or cause to be made by another, a false, untrue or misleading statement on a signature of another on a certificate, application, registration, report or other document required to be prepared pursuant to this article.

(Ord. No. 93-18, § XXVIII, 7-27-93)

No person shall reproduce or alter, or cause to be reproduced or altered, a permit, report, certificate or other document issued by the county if the purpose of the reproduction or alteration is the evasion or violation of a provision of this article or any other law.

(Ord. No. 93-18, § XXIX, 7-27-93)

(a) A person who, knowingly and willfully:

(1) Uses any room, house, building, boat, vehicle, structure or place owned or leased by him, which room, house, building, boat, vehicle, structure or place is either:

a. Not included in an approved application for a Class B permit and covered by a current and valid Class B permit issued under this article; or

b. Not covered by a permitted organization and being at the time used to conduct a bingo game for its own benefit;

c. For the conduct of a bingo game by a person not holding a current and valid Class A permit issued under this article;

(2) Conducts a bingo game without at the time having a current and valid Class A permit issued under this article;

(3) Gives, offers or distributes any service or thing of value to encourage or entice participation in the play of any bingo game, contrary to the prohibition of section 5-96;

(4) As an organization, allows its name to be used in connection with a bingo game that is conducted by another person;

(5) Leases, subleases, assigns, or rents the premises for the conduct of bingo, or agrees to the use of any premises for the conduct of bingo, without at the time having a current and valid Class B permit issued under this article;

(6) Being at the time a lessor or owner, conducts, assists or participates in the conduct of bingo, or renders any service or offers, distributes or gives anything of value to anyone conducting, assisting or participating in the conduct of bingo or to any member of a permitted organization;

(7) Offers, pays or gives any salary, tip, compensation or reward in any form whatsoever, directly or indirectly, to any person conducting or assisting in the conduct of bingo;

shall, upon being found guilty, be subject to penalties as described in Chapter 2, Article III as amended from time to time. For violations that are of a continuing nature, each day that the violation continues, shall be a separate offense.

(b) A person who, knowingly or willfully;

(1) Being at the time the chairperson or member in charge of any permitted organization, conducts a bingo game on behalf of that permitted organization contrary to any of the conditions of play stated in section 5-90 or allows or acquiesces in such conduct;

(2) Allows the consumption of any alcoholic beverage in that part of any premises where a bingo game is being conducted;

(3) Allows any premises owned or controlled by him to be used for the conduct of bingo contrary to any of the conditions stated in section 5-93;

(4) Being at the time a permitted organization requires or allows any person who has not been an active member of the permitted organization for a period for at least three (3) months prior to his appointment for designation to act or serve the permitted organization representative or to conduct bingo;

(5) Being at the time a permitted organization or lessor, fails or refuses to deposit the proceeds derived from the conduct of bingo or from the leasing of premises upon which bingo is conducted, as the case may be, into a separate bank account as required by section 5-91(b) or section 5-92(c);

(6) Being at the time a permitted organization or lessor, fails or refuses to maintain the records or to make the reports required by this article;

(7) Being at the time a permitted organization or lessor, fails or refuses to make records available on demand by the county or its authorized representative as provided by section 5-91(c) or section 5-92(d);

(8) Mutilates, obstructs, tears down, removes or otherwise tampers with any official notice, placard, poster or other sign required by this article or by the county to be posted without legal authority to do so;

(9) Reproduces or alters, or causes to be reproduced or altered, a permit, report, certificate or other document issued by the county, with an intent to evade or violate any provision of this article or any other law;

(10) Uses or has in his possession any bingo equipment that is being used to conduct an unlawful bingo game as prohibited by section 5-90;

(11) Has in his possession any money or other thing of value derived from admissions, sales of bingo cards, sales of food and beverages, concession payments and other activities in connection with the conduct of an unlawful bingo game as prohibited by section 5-100(a);

(12) Tampers with the bingo equipment, including the balls used, with the intent of producing an irregular result.

(13) Commits any violation of this article not otherwise mentioned in this section or in section 5-100(a);

shall, if found to have committed one or more of the listed violations above, have their permit suspended or revoked by the board of county commissioners pursuant to section 5-85 of this article. For violations that are of a continuing nature, each day that the violation continues shall be a separate offense.

(Ord. No. 93-18, § XXX, 7-27-93; Ord. No. 2004-09, § 14, 7-13-04)

It is hereby found and declared that a violation of the provisions of this article constitutes an irreparable injury to the citizens of the county and the county may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this article, a permit, or order; to enjoin any violation of this article; and to seek injunctive relief to prevent injury to the health, safety and general welfare caused to threatened by any violation. The remedy provided herein is an alternative and mutually exclusive remedy to those provided in section 5-100 of this article.

(Ord. No. 93-18, § XXXI, 7-27-93)