Fort Walton Beach Ordinance — 1287--Failed--Regulation of Bingo Games — reading text

City of Fort Walton Beach aire Americas Most Geautiuk Beaches VM w rao! of wt ie Ordinance 1287 AN ORDINANCE REGULATING THE CONDUCT OF BINGO GAMES IN THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING FOR ISSUANCE OF PERMIT; PROVIDING FOR REVOCATION OF PERMIT; PROVIDING FOR NUMBER OF DAYS PER WEEK OPERATION OF BINGO PERMITTED PER LOCATION; PROVIDING FOR ORGANIZATION CONDUCTING BINGO GAMES RESTRICTIONS; PROVIDING FOR CONFLICT WITH ALL OTHER ORDINANCES AND LAWS; PROVIDING FOR RIGHT OF ENTRY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, local regulation of bingo games is necessary and desirable; and WHEREAS, it is the intent of this ordinance to ensure the integrity of bingo games conducted within the corporate limits of the City of Fort Walton Beach, Florida; and WHEREAS, current Section 849.0931 Florida Statutes contains no language preempting municipalities from adopting regulations relating to the conduct of bingo; and WHEREAS, the City of Fort Walton Beach possesses the power pursuant to Article VIII Sec. 2(b) of the Florida Constitution and Section 166.021 Florida Statutes 1994 to exercise its police power to promote the safety and welfare of the citizens of the City of Fort Walton Beach. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, after due notice and public hearing that: Section I: Definitions For the purposes of this ordinance, words shall be defined as provided in Section 849.0931, Florida Statutes 1994. Section II: Permit Requirements It shall be unlawful for any charitable, nonprofit, or veterans' organization to conduct any bingo game without first obtaining a permit therefor in accordance with this ordinance. No charitable, nonprofit, or veterans' organization shall conduct any bingo game at any location other than the premises described in the permit. No permit shall be required for a condominium association, mobile home owners' association, or group of residents of a mobile home park as defined in Chapter 723, Florida Statutes 1994, to conduct bingo games pursuant to the provisions of Section 849.0931(4), Florida Statutes 1994, provided that no rent is paid for the premises where the game is played. Section III: Application, fee, and accompanying documents and information Application for the permit required by this ordinance shall be made to the City Manager along with the fee then in effect as established by resolution and shall include the following information and documents: a. The name, address, employer identification number of the organization, and certification that the organization is chartered and located within the corporate boundaries of the City of Fort Walton Beach. b. A list of the current officers and directors of the organization and their addresses. Cc. A copy of the exemption letter issued by the Internal Revenue Service. d. A certification of the period or periods during which the organization has been in existence and active, commencing three calendar years prior to the application filing date. e. The names, addresses, social security numbers, dates of birth, and dates of membership of all members of the organization who will be involved in the conduct of any bingo game and a certification that each of them is a bona fide member who is a resident of the community where the organization is located. f. The street address and property description of the premises where any bingo game will be conducted by the organization. g- Copies of all leases and subleases in effect relating to the property where the organization will conduct any bingo game. h. The certification of the owner of the property and every lessee and sublessee that there are no leases in effect other than those submitted with the application, that the rental rate charged for the premises does not exceed the rental rates charged for similar premises in the same locale and that owner leases no other property within the city limits to an organization which will conduct any bingo game. i. Certification by the organization that it will comply with all provisions of Section 849.0931, Florida Statutes 1994, this ordinance, and the permit issued pursuant to this ordinance. Additionally, the certification will omtain a provision that certified financial statements, including subsidiary ledgers, reflecting all revenue and expense of the organization will be furnished the city on a monthly basis. Section IV: Issuance of Permit Within seven days of submission of a completed application providing all information and documents and the fee required by Section III, if the requirements of this ordinance have. been met, the City shall issue the permit allowing the charitable, non profit, or veterans' organization to conduct bingo games at the premises listed in the permit subject to the provisions of federal, state and local laws, ordinances and regulations. Each permit issued shall expire on September 30 following the month of purchase. Section V: Revocation of permit Violation of any of the provisions of Section 849.0931, Florida Statutes 1994, this ordinance, or the permit issued pursuant to this ordinance shall constitute grounds for revocation of that permit. Section VI: Number of days per week operation of bingo permitted per location Except for bingo games played pursuant to the provisions of Section 849.0931(3), Florida Statutes 1994, bingo games shall not be conducted upon the premises at any location more than two days per week. Section VII: Organization conducting bingo game No charitable, non profit, or veterans' organization shall serve as a sponsor of a bingo game conducted by another, and such an organization may participate in the conduct of a bingo game only when it is the only participant in the conduct of that game. Section VIII. Conflict with all other ordinances and laws All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section IX: Right of Entry Representatives of the City's Police Department and any other official having official business pertaining to_ the enforcement of this ordinance, shall, upon identification of this person, be admitted to the premises without charge to conduct inspections. Section X. Severability The sections, paragraphs, sentences, clauses and phrases of this Ordinance are _ severable. In any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid, unconstitutional or unenforceable by the valid judgment or decree of the court of competent jurisdiction, such invalidity, unconstitutionally or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. Section XI. Effective Date This ordinance shall become effective upon its adoption according to law. APPROVED: MAYOR: ATTEST: CITY CLERK The form and legal sufficiency of the foregoing has been reviewed and approved by the City Attorney. CITY ATTORNEY