At the next Council meeting, the zoning change from C-1 to C-2, which under the City staff's determination would be required for a BINGO operation to open in the City near 9th Avenue and Tippen, is up for its second reading. I can not support this measure. I feel that the operation is not only undesirable at this location near our airport as noted in previous posts to this blog but may not be legal under Florida Statutes as presented.
Chapter 849.0931 2(b) of the Florida Statutes states " It is the express intent of the Legislature that no charitable, nonprofit, or veterans' organization serve as a sponsor of a bingo game or instant bingo conducted by another, but such organization may only be directly involved in the conduct of such a game as provided in this act."
This legislative intent is not how BINGO was presented to Council. Council was told by the applicant that he with his partners would operate the BINGO Parlor (not the not for profits themselves) and that money would be given to the not for profits listed. It is my recollection that he even went as far as saying there is no way the not for profits could lose money. Under my reading of the statutes the not for profits must actually operate the BINGO games and its members must be present when its BINGO is played.
I have documentation that BINGO in Escambia County is being run contrary to Florida Statutes. What is done is a "rental agreement" is prepared and signed by the not for profit. My example goes as far as having a cover letter which states the NFP must simply sign and the BINGO PARLOR will begin playing BINGO for them. My concern is the BINGO as presented to Council would be similar to the noted operation and therefore not meet the legislative requirement.
I will be proposing that the Ordinance as presented be tabled until such time as the City Attorney can review the operation as presented for legality including contacting the listed not for profits and making sure they solicited the applicant to run the BINGO for them and not vice versa. Further, our City Attorney should review his findings with the State Attorney's office to get their concurrence as to the legality of the operation as presented.
Legal not for profit BINGO has a great place as a fundraiser but it should not be solicited to NFP's by for profit entities looking to skirt the laws of the State of Florida.
Wednesday, February 11, 2009
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3 comments:
Councilwoman DeWeese:
I appreciate those who do their homework. I concur with your reading of statutes. Ideally our City Attorney would notice things like that.
I am so incrediby appreciative as a citizen and taxpayer of the time and attention you have paid to this matter. As Derek said, this is what the City Attorney should be doing for us, but thankfully you have spent your time researching this issue. I hope other council members similarly vote NO to this item.
Agree. What is the job of the city attorney?
The previous attorney rarely had an answer to council important legal questions at the meeting.
No review or preparation, just showed up to watch them flounder and promises to have the answers to the questions by next month.
This is the gung ho work we get from retired double dippers.
They have retired.
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