Okaloosa County BOCC — March 3, 2015 — Okaloosa County Bingo Ordinance - HRS 9-25-14 (2) (2) — reading text

Sec. 25-1 Definitions Sec. 25-2 Legislative Intent Sec. 25-3 Administration and Enforcement Sec. 25-4 Exemptions Sec. 25-5 Registration Required to Conduct Bingo Sec. 25-6 Registration Requirements Sec. 25-7 Registration Sec. 25-8 Amendment of Registration Sec. 25-9 Registration Nontransferable Sec. 25-10 Term of Registration; Renewals Sec. 25-11 Registration Fee Sec. 25-12 Charitable Organizations; Authorized Organizations Sec. 25-13 Lessors Sec. 25-14 Conduct of Bingo or Lease of Premises for Bingo Without Active Registration Unlawful Sec. 25-15 False Statements Prohibited Sec. 25-16 Violations Sec. 25-17 Penalties Sec. 25-18 Injunctive Relief Chapter 25 – Bingo Sec. 25-1 Definitions In this article the terms, phrases, words and their derivations shall have the meaning and definitions as provided within F.S. §849.0931, as may be amended, unless otherwise defined below: (1) “Actual business expenses” are those authorized expenses that are for articles designed for and/or are essential to the operation, conduct, and playing of bingo or instant bingo, the allocation of which shall be in accordance with generally acceptable accounting practices. Actual business expenses include prizes. However, permissible actual business expenses are presumed shall not to exceed 50% of the gross proceeds derived from the conducting of bingo or instant bingo less the lease amount. (2) “Authorized organization” means an organization as described in F.S. §849.0931(2)(a) other than a charitable organization that is entitled under the provisions of F.S. §849.0931(3) to conduct bingo. (3) “Chairperson” means the person designated by a registered organization to be responsible for the conduct of bingo games. (4) “Conviction” or “convicted” includes a conviction after trial, a plea of guilty or nolo contendere, or the forfeiture of a bond, whether the person is adjudicated guilty or not, when a person has been charged with a misdemeanor or felony involving theft or illegal gambling, under any local, state or federal law, or its equivalent under any foreign law. (5) “County” shall include the Board of County Commissioners, County Administrator or any office or division of the Okaloosa County government designated to administer or enforce this article, which may include the Okaloosa County Sheriff. (6) “Lease” includes a lease, sublease, assignment, rental or agreement to use any premises for the conduct of bingo, other than premises owned by a charitable organization and used by it to conduct bingo for its own benefit. (7) “Lessor” means a person 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. 2  (8) “Registered organization” means a charitable or authorized organization that has registered in compliance with the requirements of this article. (9) “Net proceeds” means all moneys collected for bingo cards, admissions and related sales, less only actual business expenses. (10) “Notice” means a written notification by certified mail to the mailing address set forth on the registration for notice. This mailing address shall be considered the correct mailing address unless the County has been notified otherwise in writing. (11) “Owner” means the charitable organization or authorized organization which holds legal title to the premises on which a bingo game or a series of bingo games is played. (12) “Person” means an individual, partnership, corporation, subchapter S corporation, limited partnership, organization, trusts, foundation, group, association, society or any combination of them. The term “person” shall also include charitable organizations, associational group or organization, and authorized organization as defined in this article. (13) “Premises” means an indoor or outdoor area used for the conduct of bingo. (14) “Principal Officers” means the president, vice president, or treasurer, or partner, or limited partner or organization officers performing similar duties. (15) “Prize” means cash or anything of value awarded to a player of a bingo game or players in a series of bingo games. Sec. 25-2 Legislative Intent (1) It is the intent of the Okaloosa County Board of County Commissioners that all phases of bingo conducted within Okaloosa County be closely monitored, controlled, and that the laws pertaining thereto be strictly construed and enforced. (2) It is the further intent of the Okaloosa County Board of County Commissioners that the provisions of this article shall not be applicable to those associated organizations and groups authorized to play bingo by F.S. §849.0931(4). 3 Sec. 25-3 Administration and Enforcement Responsibility for administration and enforcement of this article is vested in the County. The Okaloosa County Sheriff’s Office may assist, as needed and requested by the County, with both the administration and enforcement of this article. Sec. 25-4 Exemptions The provisions of this article shall not apply to: (1) Associated organizations and groups authorized to play bingo by F.S. §849.0931(4). (2) Municipal corporations that allow the use of municipal property without charge for the conduct of bingo by charitable organizations or groups. Sec. 25-5 Registration Required to Conduct Bingo No person may, without first registering with the County and then renewing such registration on an annual basis: (1) Conduct a bingo game or a series of bingo games. (2) Lease any Premises of any type for the conduct of bingo, unless less than ten (10) percent of total rental income collected by Lessor in the prior fiscal year is derived from the conduct of bingo. (3) Sublease any Premises to another person for the purpose of playing or conducting bingo. Sec. 25-6 Registration Requirements (1) Operators. Organizations or groups must register with the County prior to conducting bingo pursuant to F.S. §849.0931(2), or any applicable successor statute. Where a charitable organization or authorized organization which intends to conduct bingo, has more than one branch, chapter, lodge, agency or other local unit which intends to conduct bingo within the county, it shall make separate registrations for each branch, chapter, lodge, agency or local unit within the county. 4  (2) Lessors. Any person acting as a Lessor to another person or entity for the purpose of conducting bingo, unless less than ten (10) percent of total rental income collected by Lessor in the prior fiscal year is derived from the conduct of bingo, must also register with the County. Registration must be made for each leased Premises. Sec. 25-7 Registration A person desiring to operate bingo games or lease a Premise for the purpose of playing bingo shall register with the County on forms supplied by the County. A designated representative or officer of the person or entity shall file the registration and execute an oath. The Registration shall provide at least the following information: (1) If the registrant is: (a) An individual, his name, residence street address and date of birth. (b) An unincorporated organization, its full name and the names, dates of birth, and residence street addresses of its principal officers. (c) A corporation, the exact corporate name and state of incorporation and the names, dates of birth, residence street addresses of its principal officers and board of directors. (2) Whether any of the individuals listed pursuant to subsections (1) has, within the five-year period immediately preceding, been convicted of any misdemeanor or felony involving a theft, dishonesty, or illegal gambling under the laws of the state, the United States or any other state or nation and, if so, the particular criminal act involved and the place of conviction. (3) The names of all municipalities or counties where registrant conducts bingo or leases Premises for the conduct of bingo. (4) The name and street address of the bank 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, and the account number of the account in which funds will be deposited. (5) The street address and ownership of the Premises where the bingo games are to be conducted. 5 (6) Current 501(c) of the Internal Revenue Code of 1954 or current exemption certificate issued under Section 528 of the Internal Revenue Code of 1986, as amended. (7) If the registrant conducts bingo on Premises not owned by the registrant, a copy of the Lease between the registrant and the Lessor. (8) If a corporation, provide the nonprofit charter or if not a corporation such other documentation as will demonstrate the nonprofit’s charitable purpose. (9) The days of the week and times of the day on which bingo games are to be conducted. (10) If a branch, chapter, lodge, agency or other local unit of a nonprofit charitable or authorized organization, provide the name of the primary organization and the street address of its principal office. (11) At the time of initial registration, 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 registrant from the conduct of bingo during the 12-month period immediately prior to the date of the registration and stating the names of the distributees of the net revenues and the amounts received by each, together with executed receipts signed by each distributee 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. (12) List of volunteers, including residence street address, date of birth, and Florida driver’s license or Florida Identification Card number, to be used by the charitable organization or authorized organization. (13) If the registration is for a Lessor, the Lessor must provide the following information: (a) The street address and ownership of the Premises leased for bingo. (b) Evidence of the