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19920728 1992-28ORDINANCE NO. 1992- 28 AN ORDINANCE AMENDING SECTIONS 14-5.1 (d), 14-5.3 (a) (1), 14-5.3 (a) (2), 14-5.6 (c), 14-5.8 (e), AND 14-5.8 (g) OF ARTICLE I, CHAPTER 14 OF THE CODE OF THE CITY OF FAIRFAX CONCERNING BINGO AND RAFFLES, DEFINITIONS, PERMIT REQUIREMENTS, REPORTS OF GROSS RECEIPTS AND DISBURSEMENTS, PARTICIPATION IN THE MANAGEMENT OR OPERATION OF BINGO GAMES AND RAFFLES, AND AWARD OF PRIZE MONEY OR MERCHANDISE 1. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Sections 14-5.1 (d), 14-5.3 (a) (1), 14-5.3 (a) (2), 14-5.6 (c), 14-5.8 (e), and 14-5.8 (g) of Article I, Chapter 14 of the Code of the City of Fairfax are hereby amended to read in their entirety as follows: Sec. 14-5.1. Bingo and raffles--Definitions. (d) "Raffle" means a lottery in which the prize is won by a random drawing of the name or prearranged number of one or more persons purchasing chances. ~ ~d ..... t~ this Sec. 14-5.3. Same--Same--Issuance; requirements; duration; waiver; where valid. (a) *** (1) Such organization shall have been in existence and met on a regular basis either in the city or Fairfax County for a period of at least two (2) years immediately prior to applying for such ~i~i!i?:':':~:~'~:~:~'~':::':':':':~:~ i.'.~:.:.:.:.~:~:y:~:~.~.dn~:.'-~::.:.:::~:~:~:~.:~::::::::~.~ · - · ~i.:..~.,:~:~:~ (i) to any lodge or chapter of a national or international fraternal order or a national or 1992-28 -2- international civic organization which is exempt under section 501(c)(3) of the United States Internal Revenue Code and which has a lodge or chapter holding a bingo permit issued under the provisions of this article anywhere within this Commonwealth, or (ii) where the city manager provides for the issuance of a bingo or raffle permit to booster clubs which have been operating for less than two (2) years, and which have been established solely to raise funds for school- sponsored activities in public schools which are less than two (2) years old. (2) A permit shall be valid only in the city and only at the locations designated in the permit application. However, a permit may be issued to an organization which relocates its meeting place on a permanent basis from another jurisdiction to the city, provided such organization has complied with the requirements of paragraph (1) herein with respect to such other jurisdiction, and was the holder of a valid permit in the other jurisdiction at the time of the relocation. An organization which has obtained a permit under this section to conduct a raffle may sell such raffle tickets both in a~,~ out of th~ cit~ii~ii Sec. 14-5.6. Same--Reports of gross receipts and disbursements required. (c) Any organization having annual gross receipts from bingo games or raffles in excess of ~--- ~--~-~ ~;~-- i~i~ii!iiiiiiiii~<~ thousand dollars ~ ~=~ ~ ~, as shown on its annual financial report, shall attach to such report an opinion of a licensed independent certified public accountant that: Sec. 14-5.8. Same--Other prohibited practices. (e) Except for persons employed as clerical assistants by organizations composed of or for deaf or blind persons, only bona fide members of any such organiza- tion who have been members ~i~iiiiiiii~!iiii!!i~~i~ for at least ninety (90).days prior to ~-'~'~'~ion, shall participate ~n the management, operation or conduct of any bingo game or raffle; provided, however, that the following persons may so participate if a bona fide member is present: -2 1992-28 -3 -3- No person shall receive any remuneration for par- ticipating in the management, operation or conduct of any such game or raffle. Persons employed by organizations composed of or for deaf or blind persons may receive remuneration not to exceed thirty dollars ($30.00) per event for providing clerical assistance in the conduct of bingo games or raffles only for such (g) *** ~--3~.~i~i~ii~i NO bingo jackpot of any nature whatsoever shall exceed one thousand dollars ($1,000.00), nor shall the total amount of bingo jackpot prizes awarded in any one calendar day exceed one thousand dollars ($1,000.00); and +4~.~i~ii Except as provided herein, no organization shall award any raffle prize ~-~-mee valued at more than one hundred thousand dollars ($100,000.00)!i~ii ...... ~ ~"~ ......... z .... The one hundred thousand dollars ($100,000.00) limitation shall not apply to a raffle conducted no more than once per calendar year by an organization qualified as a tax-exempt organiza- tion pursuant to Section 501(c)(3) of the Internal Revenue Code for a prize consisting of a lot improved by a residential dwelling where one hundred (100) per cent of the moneys received from such a raffle, less deductions for the fair market value for the cost of acquisition of the land and materials, are donated to lawful religious, charitable, community, or education- al organizations specifically chartered or organized under the laws of the Commonwealth and qualified as a Section 501(c)(3) tax-exempt organization. 2. BE IT FURTHER ORDAINED that the remaining subsections of the sections hereby amended shall continue to read as previously enacted. This ordinance shall become effective as provided by law. INTRODUCED: July 14, 1992 PUBLIC HEARING: July 28, 1992 ADOPTED: July 28, 1992 ATTEST: