AN ORDINANCE AMENDING AND RESTATING PASCO COUNTY CODE OF ORDINANCES SECTIONS 10-51, 10-52, 10-53, 10-55, 10-57, 10-58, 10-64, 10-82, 10-83, 10-85, 10-86, 10-89, 10-91, 10-92, 10-93, AND 10-94 REQUIRING REGISTRATION FOR SMALL GROUP BINGO IN PASCO COUNTY, PROVIDING FOR REPEALER, SEVERABILITY, MODIFICATION, INCLUSION IN CODE, AND AN EFFECTIVE DATE.
WHEREAS, the Pasco County Board of County Commissioners adopted Article III of Chapter 10 of the Pasco County Code in 1992, such ordinance relating to the regulation of bingo games averaging more than fifty players in Pasco County, and
WHEREAS, the Board of County Commissioners believes bingo games averaging fifty players or less should register to prevent organizations from avoiding the licensing fee and regulations, and
WHEREAS, the Pasco County Board of County Commissioners desires to amend and restate Ordinance Sections 10-51, 10-52, 10-53, 10-55, 10-57, 10-58, 10-64, 10-82, 10-83, 10-85, 10-86, 10-88, 10-89, 10-91, 10-92, 10-93, and 10-94 to include requirements for all bingo groups and organizations averaging fifty players or less to register and obtain a certificate of registration.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Pasco County, Florida, that the Bingo Ordinance, Pasco County Code chapter 10 is hereby amended.
SECTION 1. Ordinance Sections 10-51, 10-52, 10-53, 10-55, 10-57, 10-58, 10-64, 10-82, 10-83, 10-85, 10-86, 10-88, 10-89, 10-91, 10-92, 10-93, and 10-94 are hereby amended and restated as follows:
A. Section 10-51 shall be amended to include the following definition:
Registered Organization means a charitable organization, authorized organization, or associational group or organization that is qualified to play bingo per section 849.0931, Florida Statutes, and that has registered under this article.
paragraph to read as follows:
(8) The opportunity exists for organizations to under-report the number of players after each game to avoid paying a license fee and be subject to regulation under this ordinance. Registration of groups that average 50 players or less is necessary to allow law enforcement officials the opportunity to ensure that the correct number of players is being reported after each game. This will help protect the integrity of the game within the County.
read as follows:
(b) It is the further intent of the board of county commissioners that, except as provided herein, this article shall not be applicable to those organizations and groups that have or serve 50 players or less per session as defined in section 849.0931(1)(g), Florida Statutes, with such number of players to be determined based on an annual average. The exemption granted in this subsection shall not be construed as exempting such organizations and groups from full compliance with F.S. § 849.0931. The exemption granted in this subsection represents a legislative determination that bingo conducted with 50 players or less is not large enough to require more rigorous regulation, but those charitable organizations, authorized organizations, or associational groups or organizations are hereby required to register by submitting a completed application form with Pasco County’s Office of Administration, which shall include the information required in Section 10-84(a)(1)-(6), (10)-(12).
follows:
Each licensed or registered charitable organization, authorized organization, or associational group or 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 license or registering under this article, a person shall be deemed to have consented to this article and to the exercise by the sheriff of the authority granted by this article.
read as follows:
A person shall, upon being found guilty, be punished as provided in Chapter 1, section 6 of this code if such person 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 not included in an approved application for a class B license and covered by a current and valid class B license issued under this article, or not covered by a licensed organization and being at the time used to conduct a bingo game for its own benefits, for the conduct of a bingo game by a person not holding a current and valid class A license issued under this article or acquiesces in or consents to this use.
(2) Conducts a bingo game without, at the time, having a current and valid class A license or registration issued under this article.
F. Section 10-58, Minor Violations, shall be amended to add the following
sentence at the end of the section:
A person who, knowingly and willfully:
(1) Being at the time a representative of any charitable organization, authorized organization or associational group or organization, conducts a bingo game on behalf of that charitable organization contrary to any of the conditions of play stated in section 10-59 or permits or acquiesces in such conduct;
(2) Permits any premises owned or controlled by him to be used for the conduct of bingo contrary to any of the conditions stated in section 10-68;
(3) Being at the time a charitable organization, authorized organization or associational group or organization, requires or permits any person who has not been an active member of the charitable organization, authorized organization or associational group or organization for a period for at least three months prior to his appointment for designation to act or serve as the charitable organization, authorized organization or associational group or organization representative or to conduct bingo;
(4) Being at the time a charitable organization, authorized organization or associational group or 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 subsection 10-64(b) or 10-65(c);
(5) Fails or refuses to maintain the records or to make the reports required by this article or by the sheriff pursuant to the article;
(6) Fails or refuses to make records available on demand by the sheriff or his authorized representative, as provided by subsection 10-64(c) or 10-65(d);
(7) Mutilates, obstructs, tears down, removes or otherwise tampers with any official notice, placard, poster or other sign required by this article or by the sheriff to be posted without legal authority to do so;
(8) Reproduces or alters or causes to be reproduced or altered a license, report, certificate or other document issued by the sheriff, with an intent to evade or violate any section of this article or any other law;
(9) Uses or has in his possession any bingo equipment, as defined in subsection 10-59(b) that is being used to conduct an unlawful bingo game as prohibited by subsection 10-59(b);
(10) 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 subsection 10-59(b);
(11) Tampers with the bingo equipment, including the balls used, with the intent of producing an irregular result;
(12) Commits any violation of this article not otherwise mentioned in this section or in section 10-57; shall, if found guilty, be fined not less than $250.00 and imprisoned in the county jail for a period not to exceed 60 days. For violations that area of a continuing nature, each date that the violation continues shall be a separate offense;
Shall, if found guilty, be fined not less than $250.00 and imprisoned in the county jail for a period not to exceed 60 days. For violations that area of a continuing nature, each date that the violation continues shall be separate offense. This section shall also apply to charitable organizations, authorized organizations, or associational groups or organizations that average 50 players or less per session.
G. Section 10-64, subsections (a) and (c), shall be amended to read as follows:
(a) License or registration required. It shall be unlawful for a person to conduct a bingo game unless the person is either a licensed or registered charitable organization, authorized organization or associational group or organization holding a current and effective class A license or registration, which license or registration shall not be under suspension or permanently or conditionally revoked. No licensed or registered charitable organization, authorized organization or associational group or 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. All bingo licenses and registrations issued pursuant to this article shall be visibly posted at the premises where bingo is being conducted at all times when such games are played.
* * * *
(c) Maintenance of records. A licensed charitable organization or authorized
organization or associational group or organization shall maintain adequate records according to generally accepted accounting practices and in a form prescribed by the county, which records shall show the following:
(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 subsection 10-62.
(3) Actual expenses
(4) Entire or net proceeds
(5) The distribution or disposition of the entire or net proceeds.
Registered organizations averaging 50 players or less per session must complete and maintain a record of the number of attendees of each session on a form as prescribed by the County Administor. Such record shall be completed on each night of play, prior to closing the Bingo hall.
H. Section 10-82, subsection (a)(1), shall be amended to read as follows:
(a) No person or nonprofit charitable 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
without a license; or without being registered.
I. Section 10-83, classifications, shall be amended to include the new
subsection as follows:
Licenses or registration required under this division shall be issued under the
following classifications:
* * * *
(5) A certificate of registration shall be required for any charitable organization, authorized organization or associational group or organization that conducts bingo pursuant to section 849.0931, Florida Statutes, and averages 50 players or less per session. Such registered organization shall be subject to the further requirements set forth in this article in addition to those in section 849.0931, Florida Statutes. A certificate of registration only authorizes the registered organization to conduct bingo pursuant to this article.
J. Section 10-85, Investigation, shall be amended to read as follows:
Upon receipt of a properly completed and filed application for a license or registration as required by this division and upon payment of the application fee, the
county administrator or his designee shall refer the complete application to the sheriff for investigation. The sheriff shall perform such investigation as will permit the sheriff to report on the eligibility of the applicant to be issued a license. The sheriff may request the assistance of other county agencies, and they shall provide such information and assistance, as the sheriff deems necessary.
K. Section 10-86, Disqualification, shall be amended to read as follows:
No license or registration required by this division shall be issued to the following:
(1) A lessor, charitable organization, authorized organization or associational group or organization if the representative or any principal officer thereof has, within five years of the date of the application, been convicted of any violation involving a theft or illegal gambling or any felony under the laws of this state, any
other state or the United States or convicted of any violation or similar violation involving a theft or illegal gambling or any felony or crime of equal nature under the laws of any foreign nation.
L. Section 10-88, Fees, shall be amended to read as follows:
(a) There are imposed the following annual license and registration fees under
this division:
(1) Class A license, $50.00.
(2) Class B license, $50.00.
(3) Certificate of Registration, $25.00.
M. Section 10-89, Amendment of Application, shall be amended to include the new subsection (c) follows:
a) At any time after the application for a license required by this division is filed and, if it is approved, so long as the license issued thereon is valid and effective, the application may be amended by the filing by the representative of the applicant or licensed 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:
(b) In each instance of the filing of an amendment under this section, such
amendment shall be referred to the sheriff and the sheriff shall conduct such investigation of the new or additional matters as he deems necessary to determine the eligibility or continued eligibility of the applicant or licensed organization, as the case may be, to hold a license pursuant to this division. Section 10-87 shall be applicable
to the results of investigations conducted pursuant to this section, provided that where the amendment is of an application on which a license has already been issued, disapproval by the county administrator or his designee of the amendment shall subject the license to the possibility of suspension or revocation as provided in section 10-93. No amendment may be filed if the effect of approval thereof by the county administrator or his designee would be to make the applicant eligible to hold a license of a classification other than that for which the application was originally filed or where the amendment would create a licensed situation inconsistent with the intent of this article. An amendment of the application need not be filed in any instance where notification to the county administrator or his designee is sufficient.
(c) This section shall apply to organizations that register pursuant
to section 10-53(b) herein. Any changes in principal officers, representatives, or any other information contained on the registration form must be filed with the County Office of Administration.
N. Section 10-91, Terms and Renewals, shall be amended to include the new subsection (c) as follows:
(a) All licenses issued under this division, except new licenses, shall be annual licenses which shall expire on September 30 next following. However, when the sheriff is investigating the continued eligibility of a charitable organization, authorized organization, associational group or organization or lessor as provided in subsection (b) of this section, a license which was presented to the county administrator or his designee as required by subsection (b) of this section on or before September 30 shall not expire until the decision by the county administrator or his designee under subsection (b) of this section is final. A charitable organization, authorized organization, associational group or organization or lessor obtaining a new license after October 1 and before April 1 may do so upon application and the payment of the appropriate license fee, and such license shall expire on the following September 30. A charitable organization, authorized organization, associational group or organization or lessor obtaining a new license after March 31 and before October 1 may do so upon application and the payment of one-half of the appropriate license fee, and such license shall expire on September 30 of the same year.
(b) A charitable organization, authorized organization, associational group or
organization or lessor shall be entitled to a renewal of the license on an annual basis
on or before October 1 by presenting the license for the previous year or satisfactory evidence of its loss or destruction, in either case, properly endorsed by the county administrator as provided in this subsection, to the county administrator or his designee and by paying the appropriate license fee. Before a license may be renewed, the charitable organization, authorized organization, associational group or organization or lessor shall present the license or evidence of the loss or destruction of the license, as the case may be, to the county administrator or his designee, together with such evidence of the charitable organization's, authorized organization's, associational group's or organization's or lessor's continued eligibility to hold the license as may be required by the county administrator or his designee. It shall not be necessary for a charitable organization, authorized organization, associational group
or organization or lessor holding a valid and effective license issued under this division to file a new application to renew the license or to pay any additional application fee. Renewal of a license shall not be as a matter of course or of right, and the county administrator through the sheriff may conduct such investigation of the charitable organization's, authorized organization's, associational group's or organization's or lessor's continued eligibility as he deems necessary. If the county administrator or his designee is satisfied as to the charitable organization's, authorized organization's, associational group's or organization's or lessor's continued eligibility, he shall endorse his approval on the license or evidence of loss or destruction as the case may be, and the license may thereupon be renewed. If the county administrator or his designee is not satisfied as to the continued eligibility of the charitable organization, authorized organization, associational group or organization or lessor, he shall proceed as provided in subsection 10-87(b) as for denial of a license.
(c) Sections (a) and (b) and their effective dates for renewal also shall apply to registered organizations.
O. Section 10-92, Display, shall be amended to read as follows:
Each charitable organization, authorized organization, associational group or organization and lessor licensed or registered under this division shall display the license or certificate of registration in a conspicuous place on the premises where bingo games are conducted or on the premises leased for the conduct of bingo games, in a transparent cover or frame. The license or certificate of registration 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 license or certificate so displayed.
P. Section 10-93 shall be amended to include the following new subsection (e):
(a) The county administrator or his designee, subject to a right of appeal to the board of county commissioners, is authorized to suspend or revoke a license issued under this division when he determines, upon sufficient cause that:
(1) For a charitable organization, associational group or organization or authorized organization, the charitable organization, associational group or organization or authorized organization:
a. Or its representatives or its principal officers, servants, employees, members or volunteers, 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 subsection 10-62(2).
b. Permitted its name to be used in connection with a bingo game that is conducted by any other person, contrary to section 10-64, or acquiesced in such use.
c. Permitted its representative to conduct a bingo game on its behalf, contrary to any of the conditions of play stated in section 10-62, or acquiesced in such conduct.
d. Required or permitted any person or volunteer who has not been an active member of the charitable organization, authorized organization or associational group or organization for a period of at least three months prior to this appointment or designation to act or serve as its representative or to conduct bingo.
(e) Sections (a)-(d) also shall apply to registered organizations.
Q. Section 10-94 shall be amended to include the following new subsection (c):
(a) Whenever the county administrator or his designee revokes the license of a charitable organization, authorized organization, associational group or organization or lessor under this division:
1) For any reason stated in subsection 10-93(a)(1)e, (a)(1)f, (a)(1)i or (a)(2)f, the revocation shall be effective for a minimum period of one year from the date of revocation.
(2) For any of the reasons stated in subsection 10-93(a)(1)a, (a)(1)b or (a)(2)a, the revocation shall be effective for a minimum period of five years from the date of revocation.
(b) In either case stated in subsection (a) of this section, the charitable organization, authorized organization, associational group or organization or lessor whose license has been revoked shall be ineligible to apply for the issuance of another license in either classification for at least the minimum period. The county administrator or his designee may not waive this section or reduce the minimum periods provided in subsection (a) of this section.
(c) Sections (a) and (b) also shall apply to registered organizations.
SECTION 2. SEVERABILITY.
It is declared to be the intent of the Board of County Commissioners of Pasco
County, Florida, that if any section, subsection, sentence, clause, or provision of these Ordinances shall be declared invalid, the remainder of this Ordinance shall be construed as not having contained said section, subsection, sentence, clause, or provisions and shall not be affected by such holding.
SECTION 3. MODIFICATION.
It is the intent of the Board of County Commissioners that the provisions of this ordinance may be modified as a result of considerations that may arise during public hearings. Such modifications shall be incorporated into the final version of the ordinance adopted by the Board and filed by the Clerk of the Board pursuant to Section 5.
SECTION 4. INCLUSION IN CODE.
It is the intent of the Board of County Commissioners of Pasco County, Florida, that the provisions of these Ordinances shall become and be made a part of the Pasco County Code of Ordinances.
SECTION 5. EFFECTIVE DATE.
A certified copy of these Ordinances shall be filed with the Department of State by the Clerk to the Board within ten (10) days after adoption of these Ordinances, and these Ordinances shall take effect upon filing with the Department of State.
ADOPTED this ______ day of ___________, 2002.
BOARD OF COUNTY COMMISSIONERS
OF PASCO COUNTY, FLORIDA
BY:____________________________ BY: __________________________________
JED PITTMAN, CLERK ANN HILDEBRAND, CHAIRMAN
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
OFFICE OF THE COUNTY ATTORNEY
BY: ____________________________________________
COUNTY ATTORNEY