HomeMy WebLinkAbout3186 ORDINANCE NO. 3186
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
CHAPTER 16 OF THE CITY CODE ENTITLED "LICENSES" BY
CREATING SECTIONS 16-20 THROUGH 16-38; PROVIDING FOR
REGULATION OF LICENSING OF BINGO OPERATIONS WITHIN THE
CITY OF SANFORD; REGULATING BINGO, PROVIDING DEFINITIONS,
REGULATING PERSONS INVOLVED IN CONDUCT OF BINGO GAMES,
PROVIDING BOOKKEEPING REQUIREMENTS FOR CHARITIES AND FOR-
PROFIT BINGO ORGANIZATIONS, REQUIRING NOTICES, REQUIRING
A REGULATORY PERMIT, PROVIDING REQUIREMENTS FOR
REGULATORY PERMIT AND RENEWALS, PROVIDING REVOCATION AND
APPEAL PROCEDURES, PROVIDING THAT OPERATION AND APPEAL
PROCEDURES, PROVIDING THAT OPERATING OF A BINGO HALL OR
CONDUCTING BINGO GAMES IN A BINGO HALL, OPERATED BY A
FOR-PROFIT BINGO ORGANIZATION, IS UNLAWFUL WITHOUT A
PERMIT, PROVIDING FOR INSPECTIONS, PROVIDING THAT CITY,
FEDERAL, STATE, AND COUNTY OFFICIALS MAY ENFORCE
ORDINANCE, AND PROVIDING A PENALTY, PROVIDING FOR
CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the State of Florida has repealed its preemption of
the regulation of Bingo; and
WHEREAS, it is the express intent of the Florida legislature
that no charitable, nonprofit, or veterans' organization serve as
a sponsor of a bingo game conducted by another, but such
organization may only be directly involved in the conduct of such
a game as provided by Florida statutes; and
WHEREAS, it is the intent of the City Commission of Sanford to
regulate the conduct of bingo games in bingo halls and not the
conduct of bingo games in locations which are used no more often
that two times per week solely by the charities for the conduct of
bingo games; and
WHEREAS, the City of Sanford finds that the regulation of
bingo halls and the regulation of for profit bingo organizations is
in the best interest of the health, safety and welfare of the
citizens of the City; and
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: Chapter 16, Sections 16-20 through 16-38 of the
Sanford City Code is hereby adopted to read as follows:
Section 16-20. Definitions.
The following terms, when used in this ordinance, shall have
the meanings respectively ascribed to them in this section:
(a) "Applicant" means and refers to any person, corporation,
partnership or association which is either a charity which is to
conduct bingo games in a bingo hall, or a for profit bingo
organization.
(b) "Authorized expenses" means and refers to the cost of
equipment and supplies actually used in the conduct of bingo games
at the bingo hall, state and local permit and license fees,
bookkeeping and accounting fees for records and reports,
advertising, cost of security personnel, pro rata share of rent,
insurance, and utilities, cost of refreshments served at no cost to
patrons and volunteers, cost of food, beverages and cigarettes to
be sold at the bingo hall.
(c) "Bingo game" means and refers to the activity, commonly
known as "bingo" in which participants pay a sum of money for the
use of one or more bingo cards. When the game commences, numbers
are drawn by chance, one by one, and announced. The players cover
or mark those numbers on the bingo cards which they have purchased
until a player receives a given order of numbers in sequence that
has been preannounced for that particular game. This player calls
out "bingo" and is declared a winner of a predetermined prize. More
than one game may be played upon a bingo card, and numbers called
for one game may be used for a succeeding game or games.
(d) "Bingo card" means and refers to the flat piece of paper
or thin pasteboard employed by players engaged in the game of
bingo. The bingo card shall have not fewer than 24 playing numbers
printed on it. These playing numbers shall range from 1 through 75,
inclusive. No bingo card may be used in a bingo hall unless it has
been sold by the charity conducting the bingo in the bingo hall.
Each bingo card sold by a charity in a bingo hall must have printed
on it the full name of the charity (including the name or
designation of the chapter or location of the charity).
(e) "Bingo hall" means and refers to any location, building,
or part of a building in which more than one charity conducts Bingo
games and which is operated by a for profit bingo organization. Any
for profit bingo organization, as defined herein shall be presumed
to "operate a bingo hall" if such for profit organization either
leases space to charities for the conduct of bingo games or leases
equipment to charities for the conduct of bingo games in a bingo
hall.
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(f) "Charity" means and refers to a charitable, nonprofit, or
veterans' organization which has qualified for exemption from
federal income tax as an exempt organization under the provisions
of s. 501(c) of the Internal Revenue Code of 1954 or s. 528 of the
Internal Revenue Code of 1986, as amended; which is engaged in
charitable, civic, community, benevolent, religious, or scholastic
works or other similar activities; and which has been in existence
and active for a period of 3 years or more.
(g) "City" means and refers to the City of Sanford, Florida,
or its designee.
(h) "Designated member of charity" means and refers to those
eligible members of a charity who have been designated to be in
charge of the bingo games for the charity.
(i) "Eligible Member of Charity" means and refers to a
member of the particular charity who has either been a member of
the charity for no less than 18 months, or has been both a member
of the charity for 6 months and has been a resident of Seminole
County for no less than 18 months, and is a person who, due to
gender, race, religion, or other characteristic, had not been
permitted to be a member of the charity at sometime during the
immediately preceding 18 month period.
(j) "For profit bingo organization" means and refers to any
person, corporation or partnership which is not a charity which
leases any bingo hall to a charity and which supplies bingo
equipment or services to the charity for use in the bingo hall.
(k) "Interested party" means and refers to any person,
partnership or corporation which is a permittee or is an applicant
for a permit, or who is a designated member of a charity, or who is
an independent contractor or consultant with regard to conducting
bingo games or the operation of a bingo hall (whether paid or not),
of a permittee or applicant, or who is a partner in a partnership
which is a permittee or an applicant, or is a person, partnership
or corporation which is an officer or director of a corporation or
who owns stock of a for-profit corporation which is a permittee or
an applicant for a permit, or any member of an association which is
a permittee or an applicant.
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(1) "Patron" means or refers to a person who plays bingo at
a bingo hall.
(m) "Permittee" means and refers to any holder of a permit
issued pursuant to this ordinance.
(n) "Permit" means and refers to a regulatory permit under
the provisions of this regulatory ordinance.
(o) "Sale" means and refers to the event in which a permittee
receives money or other things of value, including receipts for
admission fees, sales or rental of bingo cards or packages, sales
or rental of bingo accessories, sales of food, beverages and
cigarettes, rental fees, service fees, security services, or any
other money received from any other source.
(p) "Session" means and refers to a designated set of bingo
games played in a day or part of a day.
(q) "Specified criminal act" means and refers to any felony
of any kind, or any misdemeanor involving theft or illegal gambling
of any kind.
Section 16-21. Persons Involved in Conduct of Bingo Games.
Each person involved in the conduct of any bingo game must be
an eligible member of the charity sponsoring the bingo game and may
not be compensated by salary, tips or other means for operation of
such bingo game. When bingo games are conducted by a charity, the
charity conducting the bingo games shall be required to designate
up to three eligible members of that organization to be in charge
of the games, one of whom shall be present during the entire
session at which the bingo games are conducted. The organization
conducting the bingo games is responsible for posting a notice,
which notice states the name of the organization and the designated
member or members, in a conspicuous place on the premises at which
the session is held. In no event may a caller in a bingo game be a
participant in that bingo game. No person can be a designated
member of more than one charity conducting bingo games in a bingo
hall.
Section 16-22. Bookkeeping Requirements - Charities.
Complete financial records for each charity relating to bingo
operations conducted in a bingo hall must be kept according to
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generally accepted accounting practices. In addition, consecutively
numbered duplicate receipts must be prepared for each sale, with
the patron receiving one receipt and the permittee keeping the
duplicate receipt. Receipts may be produced either by cash
registers which automatically record duplicate receipts or by some
other method approved in advance by the City. All money received
from sales shall be deposited in a separate bank account used only
by that particular charity for bingo funds within 24 hours of when
such money was received from a patron. No credit or extended
payment terms shall be extended to any patron at any time. All
expenditures related to any bingo game or the charity's operation
of bingo games, including, but not limited to bingo prizes, rent,
utilities, and all other costs of operation shall be paid by
pre-printed consecutively numbered checks written on the bingo bank
account of the charity. All checks written on the bingo bank
account must show the legal name of the payee and the payee's
social security number or federal tax ID number, unless
specifically otherwise approved by the City Commission in advance.
For each bingo session, a written record must be kept setting forth
the name of the charity, the date, starting and ending times, the
number of patrons present, the total amount of money received, the
prizes awarded, the check numbers of the checks used to pay the
bingo prizes, and the eligible member(s) of the charity conducting
the game. In addition, a continuous VHS recording (with both audio
and video being recorded) of each bingo session shall be made,
starting 5 minutes before the beginning of the session and ending
- no earlier than 5 minutes after the end of the session. At the
beginning of the VHS tape, a placard must be displayed before the
video camera showing the date and time, and an audio statement must
be recorded stating the date, name of the charity, the name of the
person(s) conducting the session, and the number of patrons
present. The remainder of the VHS video portion of the tape shall
show the numbers being drawn in the conduct of bingo games. The
audio portion of the VHS recording shall record the voice(s) of the
designated member(s) of the charity conducting the bingo session.
Before the end of the VHS recording, but after the end of the
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session, a designated member of the charity must make an audio
statement setting forth the date, name of the charity, name of the
person(s) who conducted the session, the number of patrons present,
the number and amount of prizes awarded, and the numbers of the
checks used to pay prizes to patrons. Two (2) of the designated
members of the charity must state on the audio portion of the VHS
recording their names and a statement that the information stated
regarding the bingo session is accurate. In addition, those two
designated members of the charity must sign off before close of
business that day as to the accuracy of the receipts, expenditures
and all other bookkeeping records relating to that bingo session.
Forms for such sign off shall be as prescribed by the City. All
bookkeeping records, including, but not limited to, all the written
records, sign off forms, bank statements, cancelled checks, check
books, duplicate receipts, deposit tickets and receipts, and all
leases and agreements shall be maintained on the premises of the
bingo hall for a period of no less than three years. All VHS tapes
of bingo sessions must be labeled with the date of the session, the
beginning and ending times of the taping, and the name of the
charity conducting the bingo, and they must be maintained on the
premises of the bingo hall for a period of no less than 6 months
after the bingo session recorded on the VHS tape. All bookkeeping
records and VHS tapes of bingo sessions shall be available for
inspection and copying by the City and by state and county law
enforcement personnel or their designees at all times that the
bingo hall is open for business. Charities permitted to conduct
bingo in a bingo hall which have gross bingo receipts of more than
$52,000 annually, or gross bingo receipts of more than $1,000 in
any one week, may spend a maximum of 25% of a sum of money which is
equal to gross receipts less prizes which are attributable to bingo
sessions, for payment of authorized expenses. In no event may the
charity expend bingo proceeds for any purpose other than prizes
attributable to such bingo sessions, and authorized expenses as
defined herein. All other bingo proceeds must be utilized for
charitable purposes by the charity. Charities permitted to conduct
bingo in a bingo hall with annual gross receipts of $52,000 or less
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per year and which do not have gross receipts of over $1,000 in any
one week, may deduct the actual cost of authorized expenses and the
amount of prizes attributable to bingo sessions, with the remainder
of the bingo proceeds being utilized for charitable purposes by the
charity.
Section 16-23. Bookkeeping Requirements - For Profit Bingo
Organization.
The for profit bingo operation must keep complete financial
records in accordance with generally accepted accounting practices,
and the for profit bingo organization shall have no business or
business-purpose other than the operation of the bingo hall within
the City. Funds of the for profit businessbingo organization must
be kept in a distinct bank account with the words "For Profit Bingo
Account - Sanford" in its name. No interested party in the for
profit bingo organization, or any spouse, parent, sibling, or child
of an interested party in the for profit bingo organization, may be
a designated member of any charity conducting bingo in a bingo
hall. All money received from any source by the for profit bingo
organization must be deposited into the bank account within 24
hours of receipt. All expenditures of any sort made by the for
profit bingo organization shall be paid by pre-printed
consecutively numbered checks written on the bank account of the
for profit bingo organization. All checks written on the for profit
bingo organization bank account must show the legal name of the
payee and the payee's social security number or federal tax ID
number. All bookkeeping records, including, but not limited to,
bank statements, cancelled checks, check books, deposit tickets and
receipts, and all leases and agreements shall be maintained by the
for profit bingo organization on the premises of the bingo hall for
a period of no less than three years. Since it is the intent of the
state law regulating bingo that all profits from bingo operations
are to go to charity, the for profit bingo organization must not
charge for rental or sale of property or equipment or supplies any
more than is ordinary and customary in the Seminole County area for
the sale or rental of property, equipment or supplies under similar
circumstances. For instance, rental terms for equipment would be
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A
compared to long term rentals rather than short term or transitory
rentals, and since rental of property and equipment is utilized by
more than one charity in the bingo hall, the costs for rental of
property and equipment would be equitably divided among the various
charities operating within the bingo hall. In the event an auditby
a Florida CPA designated by the City of the records of. the for
profit bingo organization reveals charges to the charities in
excess of what is ordinary and customary in the Seminole County
area, as determined by an auditor designated by the City, the for
profit bingo organization shall equitably refund the difference to
the charities operating in the bingo hall. In the event the for
profit bingo organization wishes to appeal the determination of the
City auditor, it may file a notice of appeal with the City along
with a certified audit by a Florida licensed CPA upon which the for
profit bingo organization is basing its appeal. A hearing before
the City Commission shall be held within 6 weeks of receipt by the
City of the notice of appeal and certified audit. The City shall
hire a third Florida CPA to review the audits previously
accomplished as to the records of the for profit bingo organization
and any other records deemed appropriate by such CPA firm, and the
City shall base the results of the appeal on the reports of the
CPA's presented to the City. If the for profit bingo operation
wishes to appeal any determination by the City Commission under
this section, it may appeal same to the court of appropriate
jurisdiction in Seminole County. All bookkeeping records of the for
profit bingo organization shall be available for inspection,
auditing and copying by the City and by state and county law
enforcement personnel or their designees at all times that the
bingo hall is open for business, or upon request.
Section 16-24. Notices.
Each bingo hall must have prominently posted signs, (no less
than 4 square feet in size each), at all entrances to the bingo
hall and at no less than 5 additional places in the bingo hall one
of which must be within 5 feet of the caller, which state:
Ordinance No. 3186
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NOTICE
ALL BINGO SESSIONS ARE AUDIO AND VIDEO RECORDED
IF YOU DO NOT RECEIVE A RECEIPT
FOR ANY PAYMENT MADE
PLEASE NOTIFY LICENSING
323-5643
Section 16-25. Regulatory permit required; application;
investigation required; contents of application; fee.
An annual regulatory permit shall be required for each for
profit bingo organization and for each charity operating bingo
games in a bingo hall. No permit for an applicant shall be issued
until an application is made to the City which shall cause an
investigation to be made to determine whether the applicant has
complied with this ordinance and all other requirements of this
Code and of the Florida Statutes. Each application must be
accompanied by a fee of five hundred dollars ($500.00) to cover the
cost of investigation, administration and handling of the
application. Each application must be sworn to and state the name,
address and date of birth of all interested parties of the
applicant, and must include a statement as to whether any
interested party of the applicant has been convicted within fifteen
(15) years of the date of application of any specified criminal act
and if so, the name of such interested party, the date and place of
conviction and the nature of the crime for which the interested
party was convicted. No application shall be processed by the City
unless such application complies with all the requirements as
stated hereunder. If an incomplete application, or an application
not accompanied by the fee as herein required, is received by the
City, the City shall send a notice of intent to deny the permit to
the applicant with an explanation of the requirements necessary to
make the application complete. Such notice shall include a
statement that if a completed application and/or required fee is
not submitted or if an appeal to City Commission of the
determination by the City that such application is incomplete is
not submitted within ten (10) days of receipt by applicant of such
notice, the application shall be finally denied. If the applicant
does not return a properly completed application and/or required
fee or does not file a notice of appeal as designated in such
Ordinance No. 3186
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notice within ten (10) days of receipt by applicant of notice
therefor, the City shall notify applicant of final denial of the
permit application. Permits issued pursuant to this chapter shall
be in addition to and not in lieu of any occupational licenses or
other permits or licenses required under this Code. In the event a
permit hereunder is revoked, no permit fee having previously been
paid hereunder shall be refunded to the permittee.
Section 16-26. Continuing duty to update application.
Applicants for a regulatory permit and any person,
partnership, corporation, association or other entity which has
been issued a permit under this chapter are under a continuing duty
to update the information contained in the application submitted
for a permit, and shall, within thirty (30) days of any change in
such information notify the City in writing of such changes.
Section 16-27. Fingerprinting.
(a) No application for a regulatory permit under this
ordinance shall be complete until all interested parties of the
applicant have submitted their fingerprints to the City.
(b) A permittee shall not be deemed to have complied with the
provisions of section 16-23 until and unless the fingerprints of
any new interested parties of the permittee have been submitted to
the City.
(c) For purposes of this section, fingerprints submitted to
the City must be in a form approved by the City. Fingerprints made
outside the presence of a fingerprint technician employed by the
City shall not be acceptable.
Section 16-28. Permit not to be issued without specific
authorization following conviction for certain crimes.
The City shall not grant, without specific authorization from
City Commission, a permit or a renewal of a permit under this
ordinance to any applicant if an interested party thereof has been
convicted of a specified criminal act and such conviction is final
and not on appeal within fifteen (15) years of the date of
application. The term "conviction" shall include an adjudication of
guilt on a plea of guilty or nolo contendere or the forfeiture of
a bond upon a charge of a specified criminal act.
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Section 16-29. Permit not to be issued without specific
authorization to certain person, etc., after revocation.
The City shall not grant, without specific authorization from
City Commission, a permit under this ordinance to any permittee or
applicant if an interested party of the applicant was a permittee
or an interested party of a permittee at the time such permit was
revoked under the provisions hereof.
Section 16-30. Issuance of permit; term; renewal.
If the City determines that the applicant is not ineligible to
be issued a permit or a renewal of a permit without specific
authorization from City Commission as provided herein, a regulatory
permit shall be issued to be effective for one year from the date
of issuance, upon payment of the annual permit fee of five thousand
dollars ($5,000). Upon request by an applicant, the City shall
permit the applicant to pay the $5,000 permit fee in monthly
installments in advance, it being understood that the bingo hall
would not be permitted to operate in any month unless and until all
monthly installments of the permit fee applicable to the for profit
bingo organization and all charities utilizing the bingo hall shall
have been paid. In order for the City to grant a renewal without
specific authorization from City Commission, the application for
renewal and the investigation thereon must show that the applicant
is not ineligible under the provisions hereof for the issuance of
a permit without specific authorization from City Commission. The
purpose of the $5,000 permit fee is to defray the costs involved in
the enforcement of this ordinance in any bingo hall within the
City, it specifically being the intent that the total fees
collected from a for profit bingo organization and the charities
operating within a particular bingo hall should approximate the
cost to the City (including, but not limited to administrative and
bookkeeping expenses, auditing fees and attorney fees) of
regulating bingo within the City. In the event the cost to the City
of regulating bingo is less than the total permit fees hereunder
collected by the City, the City shall either credit such excess to
future permit fees hereunder or negotiate the return of the excess
fees pro rata to the permittees. In the event the cost to the City
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of regulating bingo at a bingo hall is in excess of the total fees
received in any one year (or portion of the year, if the revocation
of a permit takes place), from the permittees relating to the bingo
hall, such excess costs to the City shall be collected from the
permittee before the yearly renewal of a permit hereunder, or shall
be collected upon the revocation of any permit hereunder. The City
shall have a lien on the bingo equipment used in the bingo hall for
purposes of satisfying any uncollected costs to the City of
regulating bingo in the bingo hall.
Section 16-31. Appeal from action of City.
If the City determines that it may not issue a permit to the
applicant under the provisions of this chapter, without specific
authorization from City Commission, or under the provisions of
section 16-25 relating to incomplete applications or applications
not accompanied by the required fee, the City shall notify the
applicant by hand delivery or by certified mail of the City's
intention to deny the permit. Such notice shall include a copy of
this ordinance and the reason(s) for the denial of the permit. The
applicant shall have the right to appeal the City's determination
to deny the permit to the City Commission by filing with the City
clerk a notice of appeal within ten (10) days of receipt by
applicant of notice of intent to deny. If an applicant appeals a
determination by the City to deny a permit based on failure to
submit a properly completed application or for failure to submit
the required fee, City Commission, within fifteen (15) days of such
appeal, shall hold a public hearing to determine whether such
application is sufficiently complete to comply with the
requirements of section 16-25 and/or the required fee was submitted
with such application. If City Commission determines that such
application is sufficiently complete to comply with the
requirements of section 16-25, and the required fee was submitted
therewith, City Commission shall direct the City to process such
application. If City Commission shall determine that such
application is not sufficiently complete to comply with the
requirements of section 16-25, or that the required fee was not
submitted therewith, City Commission shall direct the City to issue
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~-~
a notice of final denial of such application for permit. Provided,
however, if City Commission finds that the defects in the
application or the failure to pay the required fee were the result
of excusable neglect or inadvertence on the part of the applicant,
City Commission may grant the applicant a specific time period in
which to submit a properly completed application and/or submit the
required fee.
If an applicant appeals a determination by the City to deny a
permit or a renewal of a permit based on any grounds other than an
incomplete application or failure to submit the required fee, City
Commission, within fifteen (15) days of such appeal, shall hold a
public hearing to determine whether issuance or renewal of the
permit would be detrimental to the public health, safety or
welfare. In determining whether issuance or renewal of the permit
would be detrimental to the public health, safety or welfare, City
Commission shall consider whether the factor(s) which caused the
City to not issue a permit without specific authorization from City
Commission are related to the bingo operation or bingo involvement
by the applicant or an interested party thereof for which a permit
application is made or the involvement with or operation by the
applicant or an interested party thereof of any other bingo
operation and if such factor(s) evidence a disregard for the
health, safety or welfare of such applicant's or permittee's
patrons, charities or employees, or of persons residing or doing
business nearby, or a disregard for or violation of the financial
constraints of this ordinance or of state law by either the charity
or the for profit bingo organization. If City Commission determines
that a factor which caused the City not to issue a permit without
specific authorization from City Commission is related to the use
or operation or involvement by the applicant or an interested party
thereof of the bingo hall for which a permit application is made or
the use or operation by the applicant or an interested party
thereof of any other bingo hall and that such factor evidences a
disregard for the health, safety or welfare of such bingo hall's
patrons, charities, or employees, or of persons residing or doing
business nearby, or a disregard for or violation of the financial
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constraints of this ordinance or of state law by either the charity
or the for profit bingo organization, City Commission shall direct
the City to issue a notice of final denial of such application for
permit or renewal of permit. In the event an application or renewal
is finally denied, applicant shall have the right to appeal such
denial to the court having jurisdiction of such matters under the
Constitution and laws of the State of Florida. If the City
Commission determines that none of the factors which caused the
City not to issue a permit or renewal without specific
authorization from City Commission is related both to the use or
operation or involvement, by the applicant or an interested party
thereof, of the bingo hall for which a permit application is made
or the use or operation by the applicant or an interested party
thereof of any other establishment and that such factor does not
evidence a disregard for the health, safety or welfare of such
bingo hall's patrons or employees, or of persons residing or doing
business nearby, or a disregard for or violation of the financial
constraints of this ordinance or of state law by either the charity
or the for profit bingo organization, City Commission shall direct
the City to issue a permit to such applicant forthwith.
Section 16-32. Authority to revoke permits; grounds for
revocation.
The City Commission, by majority vote of those present, after
a hearing as hereinafter provided, is hereby authorized to revoke
any permit issued under the provisions of this ordinance of any
permitteeunder any one or more of the following circumstances if
the City Commission makes an affirmative finding that the continued
operation of the permitted premises would be detrimental to the
public health, safety and welfare:
(1) Permittee, or any interested party of permittee, is
convicted of a specified criminal act.
(2) Permittee fails to comply with the fire prevention
ordinances of the City after reasonable notice shall have been
given to the permittee to eliminate or correct any condition in
violation of such ordinances on the permitted premises.
(3) Permittee or any interested party of permittee violates
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any state statute relating to bingo operations or gambling law.
(4) Permittee fails to comply with any provision of the City
code, including, but not limited to, the building code, the City
electrical code, the City mechanical code, the City zoning code,
the City sign code, or the City plumbing code after reasonable
notice shall have been given to the permittee to eliminate or
correct any condition in violation of such ordinances on the
permitted premises.
(5) Permittee fails to comply with any provisions of this
ordinance after reasonable notice or correct any condition in
violation of such ordinance on the permitted premises.
(6) Permittee furnishes incorrect or incomplete information
on its application for permit or application for renewal of permit.
(7) Permittee fails to comply with the occupational license
ordinances for the City after reasonable notice shall have been
given to the permittee to eliminate or correct any condition in
violation of such ordinances related to the permitted premises.
(8) Permittee fails to furnish notification of changes in
application information within 30 days of change in such
information as required by section 16-26 hereof.
(9) Any person who has been convicted of a specified criminal
act within the last fifteen (15) years becomes an interested party
of the permittee.
Reasonable notice as used herein shall mean ten (10) calendar
days written notice either hand delivered, sent by certified mail,
or posted on the front door of the bingo hall. Ifa permit is
revoked hereunder for a for profit bingo organization, the permits
for all charities operating in the bingo hall operated by the for
profit bingo organization shall be suspended. In the event a for
profit bingo organization obtains a permit to operate in the bingo
hall used by the charities with suspended permits, such suspended
permits will be reinstated. No additional time shall be added to
the term of any suspended permit. If a permit for a charity
operating bingo in a bingo hall is revoked, it will not
automatically revoke the permit of other charities conducting bingo
in the bingo hall, nor the permit of the for profit bingo
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organization.
Section 16-33. Notice of hearing concerning permit revocation.
Whenever the City Commission shall find any of the conditions
enumerated in section 16-32 hereof to exist, it shall notify by
certified mail or hand delivery to applicant or permittee that City
Commission shall hold a public hearing to determine whether the
continued operation of the permitted premises is detrimental to the
public health, morals, safety and welfare. In determining whether
the continued operation of the permitted premises is detrimental to
the public health, morals, safety and welfare, City Commission
shall consider whether the condition(s) enumerated in section 16-32
which are found to exist are related to the use or operation by the
permittee or an interested party thereof of the permitted premises
and if such condition(s) evidences a flagrant disregard for the
health, morals, safety or welfare of such permittee's patrons or
employees, or of persons residing or doing business nearby. If City
Commission determines that a condition enumerated in section 16-32
does exist as to a permitted premises and that such condition
relates to the use or operation by the permittee or of an
interested party thereof of the permitted premises and that such
condition evidences a flagrant disregard for the health, morals,
safety or welfare of such permittee's patrons or employees or of
persons residing or doing business nearby, City Commission shall
revoke the permit of the permittee. If City Commission determines
that no conditions enumerated in section 16-32 exist as to a
permitted premises, or that no such existing condition relates to
the use or operation of the permittee or an interested party
thereof of the permitted premises, or that no such existing
condition evidences a flagrant disregard for the health, morals,
safety or welfare of such permittee's patrons or employees, or of
persons residing or doing business nearby, City Commission shall
not revoke the permit of the permittee. Such hearing is to be held
at a time and place to be specified in the notice and at a time not
less than ten (10) days from the date of service of the notice.
Such notice shall also list with specificity the act(s) or
occurrence(s) concerning which the hearing will be held.
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Section 16-34. Operating bingo hall or conducting bingo games in
bingo hall without permit - unlawful.
It shall be unlawful for any person, partnership, association,
corporation or any other entity to operate a bingo hall or to
conduct bingo games in a bingo hall within the City of Sanford,
unless such entity shall have a currently valid regulatory permit
therefor.
Section 16-35. Bingo halls open for inspection.
Each bingo hall shall be open for inspection by city, county,
state, and federal representatives and any authorized inspection
personnel during all hours such establishment is open for business,
for the purpose of ensuring compliance with this chapter.
Section 16-36~ Issuance of permit not to permit acts otherwise
unlawful.
The issuance of a permit hereunder shall not be construed as
permitting, licensing or allowing the commission of any act or acts
otherwise prohibited or made unlawful by valid city or county
ordinance, or state or federal law.
Section 16-37. Federal, state, county and city enforcement of
ordinance.
Law enforcement officials of the City of Sanford, State of
Florida, Seminole County and the U.S. government are specifically
authorized to enforce the provisions of this ordinance and are
permitted to inspect bingo halls and records of for profit bingo
organizations and charities conducting bingo games in a bingo hall
as provided for in this ordinance.
Section 16-38. Penalty.
Any person, partnership, association, or corporation
committing an act which is prohibited or made unlawful by the
provisions of any section of this ordinance shall, upon conviction,
be punished as provided in section 18-86 of this Code, and, in
addition, violations of this ordinance shall be subject to
enforcement by the Code Enforcement Board of the City of Sanford.
SECTION 2. Conflicts. All ordinances or parts thereof in
conflict herewith, be and the same are hereby repealed.
SECTION 3. Severability. Should any section, paragraph,
clause, sentence, item, word, or provision of this Ordinance be
Ordinance No. 3186
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declared invalid by a court of competent jurisdiction, such
decision shall not affect the validity of this Ordinance as a whole
or any part hereof, not so declared to be invalid.
SECTION 4. Effective Date. This Ordinance shall take effect
upon final passage and adoption.
City of Sanford, Florida
CERTIFICATE
I, Janet R. Donahoe, City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of the
1993·
At~h,~'City Clerk of the City
of Sanford, Florida
Ordinance No. 3186
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