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3186 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 WHEREAS, the State of Florida has repealed its preemption of the regulation of Bingo; and WHEREAS, it is the express intent of the Florida legislature that no charitable, nonprofit, or veterans'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. Ordinance No. 3186 Page --2-- (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. Ordinance No. 3186 Page --3-- (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 Ordinance No. 3186 Page --4-- 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 Ordinance No. 3186 Page --5-- 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 ordinance No. 3186 Page --6-- 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 Ordinance No. 3186 Page --7-- 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 Page --8-- 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 Page --9-- 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. Ordinance No. 3186 Page --10-- 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 Ordinance No. 3186 Page --11-- 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 Ordinance No. 3186 Page --12-- ~-~ 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 Ordinance No. 3186 Page --13-- 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 Ordinance No. 3186 Page --14-- 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 Ordinance No. 3186 Page --15-- 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. Ordinance No. 3186 Page --16-- 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 Page --17-- 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 Page --18--