2010-27424 Reso° 201Ov27424
RESOLUTION NO.I i
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE.MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT N0.2 TO THE SECOND AMENDED
AND RESTATED CONSOLIDATED LEASE AGREEMENT BETWEEN THE CITY
AND MIAML BEACH WATERSPORTS, INC., DATED JULY 10, 2002 (AND AS
AMENDED); SAID AMENDMENT APPROVING THE. LESSOR'S REQUEST TO
CONDUCT AND HOLD BINGO GAMES ON .A PORTION OF 'THE LEASED
PREMISES, SUBJECT TO, AND IN ACCORDANCE WITH, LESSOR'S .FULL.
COMPLIANCE WITH THE REQUIREMENTS FOR THE CONDUCT OF .BINGO ,
.GAMES; AS SET FORTH iN SECTION 849.0931, FLORIDA STATUTES, AS
SAME MAY BE AMENDED FROM TIME TO TIME,. AND SUCH: OTHER
- CONITIONS AS SET FORTH iN THE AMENDMENT AND THIS RESOLUTION.
WHEREAS,. the Lessor is the owner of a certain parcel of land with parking. lot facilities,
.located at 65th Streefiand Indian Creek Drive, Miami Beach, Florida; and
WHEREAS., on July 10, 2002., the Mayor and City Commission adopted Resolution. No.
- 2002-24922, approving. the' Secorid Amended ahd Restated Consolidated Lease Agreement for the
operation and mariagement of the City-owned property currently housing the Ronald W. Shane
Watersports Center°(the Lease or Lease Agreement); and
WHEREAS; at its' regular meeting on April 27, .2010, the City's Neighborhood .and
. Community Affairs Committee considered a request by Lessee to amend the Lease to permit it to
hold and conduct_bingo games on a portion of the leased premises; and
. .WHEREAS, the Committee approved Lessee's request and recommended that a lease
amendment providing for same be considered by the full City Commission; and
WHEREAS, accordingly, at its regular meeting on June 9; 201-0, the Mayor and City
Commission considered and approved .Lessee's request to conduct and hold-bingo games on a
portion of the ,premises,. subject to, and in accordance with, the requirements of F.S.. 849.0931, as
same may be amended from time to time, and such other conditions as set forth in the Amendment
and this Resolution..
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
`OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
.and authorize the Mayor and City Clerk to execute Amendment. No. 2 to the Second Amended and
Restated Consolidated Lease Agreement between the City and Miami Beach Watersports, Inc.,.
dated July 10, 2002 (and as amended); said amendment approving the Lessor's request to conduct
.and hold bingo games on a portion of the leased premises, subject to, and in accordance with,
Lessor's full compliance with the requirements-for the conduct of bingo games, as set forth in
Section 849.0931, Florida Statutes, as same may be amended: from time to time,.. and such other
conditions as set forth in the Amendment and this Resolution.
~. _.
PASSED AND ADOPTED this' ~~ti~'day of ~uy~2010. ,
ATTEST: ~ MAYOR AS TO
FORM & LANGUAGE
;,! ~ ~)&:,F~ EXECUTION
CITY CLERK
F:\attoWGUR\RESOS-ORD\Shane Watersports Center -Bingo Reso (6-10-10).doc
M f AlV1~l .BEACH ~ ° ~ ~~ " ~ ~'
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OFFICE OF THE.MAYOR AND COMMISSION ' MEMFORANDUM
.
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~ Y _._. ____ _._ ~~_ - .
.TO: Jorge M. Gonzalez, City Manager
FROM: Commissiorier Jerry Libbin ,
~.
DATE:` June 1, 2010
,. _. SUBJECT: AMENDMENT TO LEASE BETWEEN CMB AND MIAMI BEACH
WATERSPORTS, INC. FOR SHANE WATERSPORTS CENTER FACILITY TO
ALLOW BINGO
. At the Neighborhoods and Community Affairs Meeting on April. 27, 2010, the Committee
considered. and .approved a request by Dr, Ronald. Shane, on behalf of the Shane
Watersports Center, to amend. the above referenced lease agreement forthe facility to allow
` , the Lessee to use a .portion of the~facility (the meeting and conference rooms space) to hold
"bingo nights."
. As proposed by the Lessee, bingo. games would. be:
1. held on Tuesday and Thursday afternoons; ,
. 2. operated by he Lessee (Miami Beach 1Natersports, Inc., a 501(c)(3) corporation);
{ 3. held and operated in compliance -with all rules and regulations governing bingo
f games, as set forth in Secfion 849.0931, Florida Statutes; and.
4:~ all proceeds (less actual expenses to run the games) would be put back into the
Center and, specifically, set aside. and ear-marked for short and long term capital
.maintenance, repairs, and improvements for the facility.
As I will. be out of town for the July City Commission Meeting, f have requested that the City
Attorney's Office prepare the appropriate lease .amendment for consideration by the City
° Commission at the June 9, 2010 Commission Meeting: :In keeping with the Committee's
.recommendation, Ihave also asked the City Attorney to prepare a summary of the statutory
° Yequirements for operating and holding bingo games in Florida (as provided in F.S.
~~ 849.0931'). Both the proposed amendment and the summary will be submitted as part of the
Supplemental Agenda.
i thank you in advance for your cooperation in this matter. If you have any questions, please
do ,not hesitate to contact Enid Rodriguez at extension 6722.
...Thank you, .
OFFICE OF THE CITY ATTORNEY,:JoseSmith, City Attorney
. InterofficeMe(norandum .
' .To: Mayor Matti Herrera Bower and
Members of the City Commission. Date.: June 4, 2010 .
__ . -
From: Jose Smith, City Attorney
Raub J. Aguila, Deputy Ci .~ ` `°rne ~-
Subject: Summary of ;Florida Law Allowing Bingo Games ~ •
At its regular meeting. on .April 27, 2010, the Neighborhoods and Community Affairs
" ~ Committee approved and recommended an amendment to the current Lease
" : Agreement between the City, as Lessor, and Miami Beach Watersports, Inc., as Lessee
-,(for the Shane Watersports Center)., allowing the Center to-use a portion of the facility to
' ~ hold bingo games-subject., to, and in accordance with, the requirements for bingo ..
" under Florida law.
As part of its recommendation, the Committee also directed the City Attorney's Office to
provide a summary of the major points of the law in Florida governing bingo and. bingo
" games. Accordingly, the following memorandum contains a brief, .point by point
- summary outlining. the. major applicable terms of Section 849.0931, Florida Statutes,
which authorizes and regulates bingo games. Since the Miami Beach Watersports
Center, fnc. is a 501(x)(3) not for profit corporation; this memorandum only discusses .
those requirements in the statute applicable to bingo games conducted by non-profit, `;~;
charitable, and s"imilar entities (and not those pertaining to games conducted by for
- profit entities, condominium and homeowners' associations, etc.).
It should .also be noted that F.S. 849.0931 also allows and sets forth the requirements
' for""instant bingo,"which is a:form of bingo that is played at the same location as bingo,
• ~ using tickets by which a player wins a prize by opening. and removing: a cover from. the
_ ticket to reveal a set of numbers,'letters, objects, or patterns, some of which have been..
designated in advance as prize winners. However, in this case, the request by the
.: ` _ Lessee' was.-only, to be allowed to hold bingo games on'the :premises and not instant
bingo.
~. Florida law- allows charitable, non-profit,. or veteran's organizations engaged in
t charitable., civic, community, benevolent, religious, scholastic, or other similar
endeavors (hereinafter, the "organization"} to conduct bingo games (or instant bingo),
' provided they meet the following conditions:.
1. The organization has to have been in existence and active for a period. of three
{ (3) years or more.
f ~ 2. The. entire proceeds derived from the conduct of such games; less actual.
business expenses. to operate and conduct the games, .must- be applied Toward
support of the organization.,- and cannot be used for any other purposes
whatsoever:
.
3. ~ The organization must be directly .involved in the conduct of the games (:i.e. the
organization can't lend its name out and merely serve as a sponsor of bingo
games that are .conducted by another).
4~: The organization must designate up to three (3) members of fihat organization to
be in charge of the games., one of whom must be present during the entire
session inwhich the games are .conducted.
5. ;The .organization. must post. a notice in. a conspicuous ,.place on the premises
where the games are held, stating the name of the .organization. and the
designated member or members: .
6. The organization must be located in the county (or within. a 15 mile radius of)
where -the bingo game'is .located.
7: If the bingo games are held on property owned by a municipality or a county,
then the governing authority must authorize the use of the property for conduct, of
bingo games~ithei- by ordinance or resolution.
8. Except for instant bingo (which is not limited), the number of days per week
during which the organization may conduct bingo games shall not exceed two
(2)
9. Except for instant bingo (which is limited to the amounts displayed on the. ticket),
there can be no .more than three (3) jackpots on any one day of play. A jackpot
shall' not exceed $250 (or its equivalent in value) .All other game .prizes shall. not
exceed $50.
1-0..No one under 18 years of age shall be-allowed to play any bingo game (or instant
"'bingo), or be involved in the conduct of a~game (or instant bingo) in any way.
11.A caller in a bingo game may not participate in thatgame.
. 12.An organization conducting bingo open to the .public; may refuse entry to any
person- who is objectionable or undesirable to the organization; but such refusal
of entry. shall not be on the basis of race, creed, color, religion, sex, national
origin, marital status, or physical handicap.
Since the purpose of the aforestated summary was to provide the City Commission with
an overview:. of applicable Florida law ..pertaining. to the immediate request by Miami
Beach Watersports, Jnc., we felt it wouldn't be pertinent to outline those requirements
pertaining to (i) ~ games conducted by for profit or other organizations: (i.e. condo and
homeowners' associations), and (ii) instant bingo. Additionally, the above summary
does not go into the specific rules which set forth the minutiae for the playing of the
games themselves (including card size,..procedures to be followed by callers, what
constitutes an actual bingo, etc.}; however,. those can be .provided under separate
`cover, should the~City Commission so request.
cc: Jorge M. Gonzalez, City Manager
Hilda Fernandez,- Assistant City Manager