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Ordinance 74-2012 ORDINANCE NO. 74-2012 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA TO BE KNOWN AS BINGO GAMES OR GUEST GAMES; PRO- VIDING REQUIREMENT FOR COMPLIANCE WITH APPLICA- BLE FLORIDA STATUTES; PROVIDING REQUIREMENT OF LICENSE FROM THE FINANCE DIRECTOR; PROVIDING FOR APPLICATION FOR LICENSE; PRESCRIBING APPROVAL BY CHIEF OF FIRE DEPARTMENT AND CHIEF OF POLICE DEPARTMENT PRIOR TO ISSUANCE OF LICENSE; PROVIDING REMEDIES FOR ENFORCEMENT; PROVIDING SEVERABILITY CLAUSE, REPEAL CLAUSE, INCLUSION IN CODE AND EFFECTIVE DATE. ARTICLE III. BINGO GAMES OR GUEST GAMES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 : That Article III of Chapter 31 of the Code of the City of Miami Beach b'e and the same is hereby amended to read as follows : Sec. 31-10 . Compliance with article required. The playing of bingo or guest games , authorized by Florida Statute 849 . 093 (1973) , as amended, is hereby prohibited unless the rules and regulations set forth therein and the following rules and regulations set forth in sections 31-11 to 31-16, are complied with. (Ord. No. 1677, §1. ) Sec. 31-11. License--Required. It shall be unlawful for any person to operate or cause to be operated any bingo games or guest games in any manner in the city, unless such person shall have first procured a license therefor from the finance director, which license shall be issued upon compliance with the provisions of this article. (Ord. No. 1677 , §1. ) Sec. 31-12. Same--Application. No license shall be issued for the conduct or operation of bingo games or guest games unless the proposed licensee shall submit to the finance director a written application therefor. Such application shall be signed and sworn to and shall contain the following information concerning the applicant: (a) Full name and occupation of applicant. (b) His age, date and place cf bir t . (c) The present residence address and the residence addresses within the five years immediately preceding the submission of the application. (d) Occupations presently held and within five years immediately preceding the submission of the application. (e) A statement that applicant is a citizen of the United States , and over the age of eighteen years , and is a bona fide officer of the organization sponsoring such games and is a resident of the community where the organization is located. OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 • (f) The address of the place in which the proposed games are to be conducted and a sworn statement by an officer of the organization indicating whether such place is owned by the non-profit organization that will benefit by the proceeds, and whether such place is leased full-time for a period not less than one year by said non-profit organization, and whether such place is owned by and leased from another non-profit organization qualified under Florida Statute 849. 093 (8) . (g) The name of the charitable, religious , veterans ' or other non-profit organization and/or chapter thereof, in whose behalf or under whose auspices games are to be conducted, and a duly certified copy of the charter or articles of incorporation of such organization. (h) The names and addresses of the principal officers and directors of such organization. (i) A statement of any and all arrests , other than traffic offenses, of the operator, and those in his employ. No license shall be issued hereunder to any applicant convicted of a felony and no person who has been convicted of a felony may be connected in any way to the operation of the bingo or, guest games . If after the issuance of a license hereunder it shall appear to the satisfaction of the city council that the licensee had been convicted of a felony prior to the issuance of such license or has been convicted of a felony during the life of such license, the license shall be revoked. (j) A sworn statement by the applicant indicating whether the applicant has notified the Chief of Police of the City of Miami Beach in writing of the time and place of the scheduled commencement of the proposed games. A copy of this written notification shall be attached to the application. (k) A sworn statement by an officer of the organi- zation that no officer or member of the organization will receive any compensation in any manner or form from the proceeds of any bingo games, and also that the applicant will furnish to the finance director or investigating police officer of the City of Miami Beach, upon demand true and correct financial records , showing receipts, costs and expenses , and allocation and disbursement of funds raised by the games proposed to be conducted under such license. If any agreement is entered into between the operator and the organization with any other person as to any rental to be paid or any payment to be made for any services for or in the conduct of any bingo games, the same shall be attached to the application, and shall be sworn to as being a true and correct copy; if any such agreement is entered into subsequent to filing the appli- cation for license, a copy shall be supplied to both the Chief of Police and Finance Director by certified mail or hand delivery. (1) No person shall knowingly falsify or misrepre- sent any information or representations made in the license application provided for hereunder. (Ord. No. 1677, §1. ) Sec. 31-13. Fire and police approval prerequisite to issuance of license. The application for a license shall be referred to the fire department and the police department of the city, who shall report to the city council at its next regular - 2 - XX OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 meeting following the filing of the application. The chief of the fire department shall report as to the freedom of the premises from fire hazards or overcrowding, and the chief of police shall report as to whether any traffic hazards or dangers will result from the use of the premises for bingo purposes. Unless the fire depart- ment and the chief of police recommend the granting of the license, the city council shall deny the application. If the fire department and the chief of police recommend that the license be granted, the city council shall take such action as it deems appropriate. (Ord. No. 1677 , §1. ) Sec. 31-14. Penalty for operation of bingo or guest games in violation of this article. Any organization or other person who willfully and knowingly violates any provisions of this article or who shall carry on or conduct any bingo or guest games for which a license is required by this article, without first obtaining such license, shall, upon conviction, be punished as provided by Section 1-8. Sec. 31. 15. Severability. In the event any portion of this article, or any portion of any section of this article, shall be found by a court of competent jurisdiction to be invalid or unconstitutional, the remaining portions thereof shall continue in full force and effect as though such invalid portion thereof has never been included herein. SECTION 2 : All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3 : This ordinance shall go into effect immediately upon passage and posting as required by law. PASSED and ADOPTED this 6th day of ovember , 1974. Attest: ,Ai' -)--L-1 City Clerk 1st Reading October 16, 1974 Passed and adopted, as revised, November 6, 1974 POSTED - November 11 , 1974 - 3 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 • APPLICATION FOR BINGO GAMES OR GUEST GAMES As required by , and pursuant to, the provisions of Chapter 31 , of the "Code of the City of Miami Beach, Florida" , application is hereby made for a license to conduct the business of Bingo Games or Guest Games, and I swear that the following statements are true. (A) APPLICANT Name Phone No. Date of Birth Place of Birth Age Citizen of U.S . ? Yes No Residence Address Residence Address for Past 5 years : 1. 2. 3. 4 . 5.T Present :Occupation Occupation for Past 5 years : 1. 2. 3. 4. 5. Is applicant a bona fide officer of organization sponsoring games? Yes No CHARITABLE, RELIGIOUS , OR NON-PROFIT ORGANIZATION and/or CHAPTER THEREOF, IN WHOSE BEHALF GAMES ARE TO BE HELD: Name of Organization Date Authorized to Operate under Florida Laws List names and home addresses of officers and directors of organization: ATTACH COPY OF CHARTER OR ARTICLES OF INCORPORATION. (B) LIST ALL PERSONS INVOLVED IN THE CONDUCT OF THE GAMES : Amount of Member of Name Address Payment for Sponsoring Services Organizatici Yes No Yes- No Yes No_ Yes No Yes No Yes No Y e s- No Yes oYes- No • Has the applicant, officer of the corporation or any person connected in any manner with the operation of the bingo or guest games ever been convicted of a felony? Yes No If answer to above is yes, give name of person and statement of all arrests other than traffic offenses : Charge, name of court, dis- position of case and date. If spaces provided below are not suffi- cient, attach separate sheet. Before this application can be processed, all persons engaged in the conduct of this business, including corporate officers, directors, shareholders and employees of all concessions maintained on the premises , MUST BE FINGERPRINTED AND PHOTOGRAPHED by the Miami Beach Police Department at the expense of the applicant. (C) PLACE IN WHICH THE PROPOSED GAMES ARE TO BE CONDUCTED: 1. Name of Place 2. Address 3. Is this property owned by the non-profit organization that will benefit by the proceeds? Yes No 4 . Is this property leased full time for a period not less than one year by the non-profit organization that will benefit by the proceeds : Yes No 5. Is this property owned by and leased from another non-profit organization qualified under Florida Statute 849. 093 (8) ? Yes No If answer to question 4 and/or 5 is yes, ATTACH COPY OF LEASE TO THIS APPLICATION. (D) MAXIMUM PERIOD OF TIME FOR WHICH LICENSE IS ISSUED AND SCHEDULE OF TIMES AND DATES : No license shall be issued allowing the game to be played more than twice a week; nor for a period of time longer than four (4) hours on any one day; nor for a period of more than one (1) year from the date the license is issued. (E) NOTIFICATION TO CHIEF OF POLICE: Have you notified the Chief of Police of the City of Miami Beach, in writing, of the time and place of the scheduled commencement of these games? Yes No If answer to above question is yes, attach copy showing proposed times and dates of the games. NOTE: All schedule changes must be reported to the Chief of Police. (F) STATEMENT RE: RENTAL OF BUILDING AND PURCHASE OF EQUIPMENT: A statement containing the terms of any agreement for the rental, purchase or use of any building, equipment and materials to be used in the conduct of the games, MUST BE ATTACHED TO THIS APPLICATION. (G) PERSONS CONNECTED WITH OPERATION OF GAMES, NOT TO RECEIVE ANY COMPENSATION: I agree that all persons involved in the conduct of the games in any manner are residents of the community in which the organization is located and bona fide members of the sponsoring organization and that they will not receive any compensation in any form, from the - 2 - • proceeds of the games. I also, agree to furnish to the Finance Director or the investigating police officer of the City of Miami Beach, upon demand during reasonable business hours, true and correct financial records showing receipts, costs and expenses and allocations and disbursements of funds raised by the games proposed to be conducted under this license. STATE OF FLORIDA) Signed COUNTY OF DADE ) Before me personally appeared whose signature is annexed to this application and made oath and says that (she) or (he) is the identical person making this application and that all the foregoing statements are true and correct. Subscribed and sworn to before me this day of , 19 Notary Public This is to certify that no traffic hazards or dangers will result from the use of the premises for Bingo games. CHIEF OF POLICE By: Date: *************** This is to certify that the premises have been inspected and currently meet the requirements of all applicable fire regulations. Present seating arrangements to not lend themselves to overcrowding. CHIEF OF FIRE DEPARTMENT By: Date: *************** Identification Bureau of the City of Miami Beach Police Department, hereby acknowledges having taken the required photographs and fingerprints in connection with this application and issued the necessary Civilian Registration Numbers. IDENTIFICATION BUREAU By: Date: *************** The business described in this application is in compliance with all Zoning Ordinances of the city. PLANNING AND ZONING DEPARTMENT By: Date: *************** ACTION BY CITY COUNCIL Approved Denied Date - 3 - • STATE OF FLORIDA COUNTY OF DADE: I , ELAINE MATTHEWS, City Clerk, in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 74-2012 entitled: AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 31 , OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, TO BE KNOWN AS BINGO GAMES OR GUEST GAMES; PROVIDING REQUIREMENT FOR COMPLIANCE WITH APPLICABLE FLORIDA STATUTES; PROVIDING REQUIREMENT OF LICENSE FROM THE FINANCE DIRECTOR; PROVIDING FOR APPLICATION FOR LICENSE; PRESCRIBING APPROVAL BY CHIEF OF FIRE DEPARTMENT AND CHIEF OF POLICE DEPARTMENT PRIOR TO ISSUANCE OF LICENSE; PROVIDING REMEDIES FOR ENFORCEMENT; PROVIDING SEVERABILITY CLAUSE, REPEAL CLAUSE, INCLUSION IN CODE AND EFFECTIVE DATE. having been passed and adopted; by the City Council of the City of Miami Beach, Florida, has been posted by me at the door of the City Hall in said City on the 11th day of November , 1974, and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 11th day of December , 1974. City Clerk v 0 U v 4- O M • N +; a (I) -I J N S < I U - � t7 - c O- o z W Or. U•- (!) Z +) C) < L E Q- (0 C] � cL• C O O•— p1 C C •- N CO E < (1)