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

ownership of the leased premises, which may be a deed to the Premises or a title opinion from a Florida attorney. (c) Fully executed copies of any rental agreements, leases or subleases presently existing or proposed involving the Premises to be used for bingo. 6  (d) At the time of registration, renewal and every renewal thereafter, a financial statement, in the form prescribed by the County, for the 12-month period ending immediately prior to the date of the registration or renewal, which statement must be certified as correct by a principal officer, one of the partners or any similar principal, but need not be audited. (e) A current Commercial Lease Appraisal for the leased Premises where bingo will be conducted showing the fair market rental valuation of the Premises. (14) If the registrant is a partnership, corporation or unincorporated organization, the application, in addition to other documentation required herein, the registration will be accompanied by the following applicable additional documents: (a) An executed copy of the partnership instrument. (b) The bylaws and articles of incorporation with all amendments thereto and the charter issued by the secretary of state. (c) The charter and bylaws of the organization. (15) Such other documentation as the County may require for full disclosure of the ownership, leasing status, membership and other statutory criteria related to the operators of bingo games and the ownership and lease of locations where such bingo games are conducted. (16) A notarized statement certifying that all information on the registration and any submittals or attachments thereto is true and correct. (17) A nonrefundable fee as may be adopted by the County to cover costs of processing, review, and administration. Sec. 25-8 Amendment of Registration An amended registration providing updated information shall be filed within 30 days after the occurrence of any of the following changes: (1) A change in any of the principal officers. (2) A change of designated representative. 7  (3) A change in the location, structure or purpose of the organization. Sec. 25-9 Registration Nontransferable Registration under this article shall be nontransferable from one charitable organization, authorized 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 registration; however, an amendment to the original registration shall be filed with the County, as provided in section 25-8. Sec. 25-10 Term of Registration; Renewals (1) Registrations under this chapter are valid for one year from the date of initial registration. (2) A charitable organization, authorized organization or Lessor shall complete annually a registration renewal on a form prescribed by the County on or before the expiration of the one year registration period. Sec. 25-11 Registration Fee (1) The County shall set by resolution the annual registration fee under this chapter. (2) The fees collected under this article are for the purpose of examination and processing of the registrations of charitable organizations or authorized organizations, Lessors and Premises under this article and are declared to be regulatory fees. Sec. 25-12 Charitable Organizations; Authorized Organizations (1) Registration required. It shall be unlawful for a person to conduct a bingo game, unless the person or entity is a registered charitable organization or authorized organization with the County. No registered charitable organization or authorized 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. (2) Separate bank account. The entire proceeds derived from the conduct of bingo by a registered charitable organization or authorized organization 8  shall be deposited the next business day in a checking account in a bank located within the county which shall be maintained separate and apart from all other accounts of the charitable organization or authorized organization. This separate account shall not be used for the deposit of funds received from any activity other than the conduct of bingo. The provisions of this subsection shall not preclude: (a) In the case of a charitable 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. (b) In the case of an authorized 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. (3) Maintenance of records. A registered charitable organization or authorized organization shall maintain adequate records according to generally accepted accounting practices and in a form which records shall show: (a) 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. (b) Receipts records. (c) Actual expenses. (d) Entire or net proceeds. (e) The distribution or disposition of the entire or net proceeds. (f) All records shall be retained by the registered charitable organization or authorized organization for a minimum of three years or for such longer period as may be required by the County. (4) Financial statement; other reports. Annually each charitable organization or authorized organization shall submit along with its registration or renewal a financial statement, in a form prescribed by the County, containing the sources and the amount of the gross revenue derived by the charitable organization or authorized organization from the conduct of bingo during the 12-month or other period for which the 9  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 charitable organization or authorized 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 the County determines that an audited financial statement is necessary to enable him to ascertain whether the charitable organization or authorized organization is complying with this article and F.S. §849.0931. Sec. 25-13 Lessors (1) Registration 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 has a current and valid registration with the County under this article. This requirement for registration shall not apply when a charitable organization registered hereunder is the owner of the premises upon which it conducts bingo games only and solely for its own benefit or where less than ten (10) percent of total rental income collected by Lessor in the prior fiscal year is derived from the conduct of bingo. (2) Interest in bingo prohibited. No Lessor and no officer, director, stockholder, employee of a partnership, corporation, subchapter S corporation, limited partnership, organization, trust, foundation, group, association, society or any combination of them shall conduct, assist or participate in the conduct of bingo, offer, distribute or give anything of value to anyone for conducting, assisting or participating in the conduct of bingo or to any member of a registered charitable organization or authorized organization. (3) 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 located within the county, which shall be maintained separate and apart from all other amounts of the Lessor and shall not be used for the deposit of funds received from any activity other than the leasing of premises for the conduct of bingo. 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. 10  (4) 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. A Lessor shall maintain a list of employees, managers, officers, and directors, including residence street address, date of birth, and Florida driver’s license or Florida Identification Card number. All records shall be available upon request 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 time of three years or for such longer period as may be required by the County. (5) Financial statement; other reports. Upon registration or annual renewal, 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 12-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