Okaloosa County BOCC — April 21, 2015 — Agenda Packet — reading text

Bingo Workshop Agenda Okaloosa County Board of Commissioners Tuesday, April 21, 2015– 5:30 PM Water & Sewer Administration Building I. Charity Representative #1 II. Charity Representative #2 III. Hall Operator #1 IV. Hall Operator #2 V. Sheriff Representative VI. Commissioner Discussion 1. Request the Board review the attached items as part of the Workshop Okaloosa County adheres to the Americans with Disabilities Act and will make reasonable accommodations for access to this meeting upon request. Please call the County Administrator’s Office at (850) 651-7515 to make a request. For Hearing Impaired, Dial 1-800-955-8771 (TDD), and 1-800-955-8770 (Voice). Requests must be received at least 48 hours in advance of the meeting in order for Okaloosa County to provide the requested service. Revised: 4/20/2015 2:22 PM Page 1 of 1  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 21, 2015 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Attachments for Consideration DEPARTMENT: County Administrator BCC DISTRICT: All Staff requests Board review the attached items as part of the Bingo Workshop. The attachments are as follows: 1. Workshop Summary 2. Minutes from February 23, 1999 BCC Meeting 3. Draft Ordinance 4. Sec 849.0931 F.S. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 2  Board of County Commissioner Workshop Regulation of Bingo Water and Sewer Administration Building 5:30 p.m., April 21, 2015 Agenda Summary. Based upon the request of the Okaloosa County Sheriff’s Department and various citizens, the Board has scheduled a workshop to discuss Bingo operations within the County and the possible adoption of additional regulatory controls beyond which are already contained with Florida Statutes. Prior Boards have conducted workshops to address these same issues. A copy of the minutes of the workshop of the Board of County Commissioners held on February 23, 1999 is included for your information. Summary of State Regulation. Where Games May Be Conducted Bingo and Instant Bingo type games are regulated under Sec. 849.0931, Fla. Stat. A copy of the statute is included within the materials. Based upon those provisions, Bingo or Instant Bingo type games are regulated extensively by the State of Florida. Those type games may be held only at the following premises: • Property owned by a charitable, non-profit or veterans organization; • Property owned by a charitable, non-profit or veterans that will benefit by the proceeds; • Property leased for a period of not less than one year by a charitable, non-profit or veterans organization, providing the lease or rental agreement does not provide for the payment of a percentage of the proceeds generated at such premises to the leasor or any other party and providing that the rental rate for such property does not exceed the rental rate charged for similar premises; • Property owned by a municipality or county when authorized by an appropriate ordinance or resolution; and • Bingo games conducted by a condominium association, cooperative association or homeowners association, mobile home owners association, a group of residents of a mobile home park or a group of residents of a mobile home park or recreational vehicle park. 1 Packet Pg. 3 Entities That May Conduct Bingo and Receive Proceeds Under the statute, the charitable, non-profit or veteran’s organizations that may conduct Bingo or Instant Bingo type games is limited as follows: • It must be an organization which qualified for an exemption from federal income tax as an exempt organization under the provisions of sec. 501(c) or sec. 528 of the Internal Revenue Code; • It must be engaged in charitable, civic, community benevolent, religious or scholastic works, or other similar activities; and • It must have been in existence and active for a period of three or more years. Payment of Proceeds of Bingo • Under the statute, charitable organizations are allowed to receive the proceeds of Bingo or Instant Bingo type games, less actual business expenses for articles designed for and essential to the operation, conduct and playing of the games. • If all of the proceeds are distributed as forms of prizes, then other entities may be involved. Other Statutory Limitations The statute also contains various limitations on the operation of the Bingo establishments, including: • Regulation on the amount of prizes; • Limitations on the number of days that a charitable organization may conduct Bingo (may not exceed two), • That the charitable organization must be located within the county where the Bingo is being conducted or within a fifteen-mile radius of that location, prohibits individuals under the age of eighteen from playing such games. Penalties Violation of the state statute is a misdemeanor of the first degree. For second and subsequent offenses by the organization or other persons shall be felony of the third degree. 2 Packet Pg. 4 Regulation by Other Jurisdictions. Based upon our review, there are several jurisdictions which have imposed some type of regulation of Bingo operations within their county. Approximately nine counties have some degree of regulation. These consist of Lake County, Sumter County, Highlands County, Pinellas County, Polk County, Pasco County, Hernando County, Brevard County and St. Johns County. Some of those regulations are extremely limited in scope, while others are more extensive. Bingo Operations in Okaloosa County There are currently four bingo operations in Okaloosa County. They are Crestview Bingo, Mary Esther Bingo, Racetrack Bingo and Gulf Coast Bingo. The operation in Crestview is closed or in the process of closing. Proposed Ordinance. The preliminary form of ordinance has been prepared is based upon the Pinellas County Ordinance. A copy of the draft ordinance is included for your consideration. This draft ordinance imposes several restrictions on entities involved in the conduct of Bingo or Instant Bingo type games. These include the requirement that the lessor (except where less than 10% of their revenue the prior year is derived from Bingo) and the charitable organization seeking to lease a facility must register. It also requires that certain information be maintained relating to the receipts, expenses, and proceeds paid. It also, by definition, provides that actual business expenses can not exceed 50% of gross proceeds. The draft ordinance should be considered preliminary at this point as some revisions will be required. 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