19930727 1993-32ORDINANCE NO. 1993- 32
AN ORDINANCE ADDING SECTION 14-5.1 (f),
AMENDING SECTIONS 14-5.3 (a) (2), 14-5.5 (b),
14-5.6 (c), 14-5.7 (a), 14-5.7 (b) AND 14-5.8
(e) AND ADDING SECTION 14-5.8 (j) OF ARTICLE
I, CHAPTER 14 OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA CONCERNING BINGO AND RAFFLE
PERMIT REQUIREMENTS, DEFINITION AND REGULATION
OF DUCK RACES, LOCATION OF DRAWINGS, GROSS
RECEIPTS FOR INSTANT BINGO, REPORTS OF GROSS
RECEIPTS, AUDIT REQUIREMENTS AND PARTICIPATION
IN MANAGEMENT OR OPERATION OF BINGO GAMES OR
RAFFLES.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Section 14-5.1 (f) of Article I, Chapter 14 of the
Code of the City of Fairfax, Virginia is hereby added and that
Sections 14-5.3 (a) (2), 14-5.5 (b), 14-5.6 (c), 14-5.7 (a), 14-
5.7 (b) and 14-5.8 (e) of Article I, Chapter 14 of the Code of the
City of Fairfax, Virginia are hereby amended and that Section 14-
5.8 (j) of Article I, Chapter 14 of the Code of the City of
Fairfax, Virginia is hereby added, all sections to read in their
entirety as follows:
Sec. 14-5.1. Bingo and raffles--Definitions.
(f)
"Duck race" means a game of chance played by releasing
numbered, inanimate toys (ducks) into a body of moving
water. A person who has been assigned the same number
as the first duck to cross a predetermined point in the
water (the finish line) is the winner. Other prizes may
be awarded on the basis of the order in which the ducks
cross the finish line. Any and all restrictions and
requirements applicable to the conduct of raffles in this
article shall also apply to the conduct of duck races.
Sec. 14-5.3.
Same--Same--Issuance; requirements; duration;
waiver; where valid.
(a) (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 and out of the city, and may conduct its drawing
either in the jurisdiction in which a majority of
the tickets were sold or in the jurisdiction issuing
the permit, except that pull-tab devices as defined
in Section 18.2-340.1 of the Code of Virginia, used
as part of a raffle may be sold only upon the
premises owned or exclusively leased by such
organization and at such times as it is not opened
to the public, except to members and their guests.
1993=32
Section 14-5.5.
Same--Same--Instant bingo
(b)
The gross receipts in the course of a reporting year from
the playing of "instant bingo" shall not exceed fifty
percent (50) per cent of the gross receipts of an
organization's bingo operation.
Section 14-5.6.
Same--Reports of gross
disbursements required
receipts and
(c) Any organization having annual gross receipts from bingo
games or raffles in excess of two hundred fifty thousand
dollars ($250,000.00) as shown on its annual financial report,
shall attach to such report an opinion of a licensed
independent certified public accountant that:
(1)
The annual financial report presents fairly, in all
material respects, beginning cash, receipts,
operating cost, use of proceeds, and ending cash;
(2)
The proceeds of any bingo games or raffles have been
used, in all respects, for those lawful, religious,
charitable, community or educational purposes for
which the organization is specifically chartered or
organized; and
(3)
The gross receipts have been used in all material
respects in accordance with the provisions of this
article. The failure to file the opinion of a
licensed independent certified public accountant,
when required, shall cause the automatic revocation
of the permit and no organization shall conduct any
bingo game or raffle thereafter until the opinion
required by this subsection is properly filed with
the report and a new permit is obtained. The
opinion required by this section is in addition to
the audit and audit fee required by section 14-5.7.
Section 14-5.7 Same--Same--Audit required; fee
(a)
Ail reports filed pursuant to section 14-5.6 shall be
audited under the direction of the director of finance
or his designee; however, any report filed by an
organization with gross receipts of less than $2,000 for
the designated reporting period shall be exempt from the
audit requirement. All reports shall be a matter of
public record.
Section 14-5.7 Same--Same--Audit required; fee
(b)
An audit fee shall be payable in an amount equalling the
reasonable cost of the audit, as conducted by an
independent auditor or accountant retained by the city.
All such fees shall be made payable to the city, and
shall accompany each annual report.
1993-32
Section 14-5.8. Same--Same--Other prohibited practices
(e) Except for persons employed as clerical assistants by
organizations composed of or for deaf or blind persons,
employees of a corporate sponsor of a qualified
organization, or members of civic and fraternal groups,
only bona fide members of any organization who have been
members of such organization for at least ninety (90)
days prior to such participation, shall participate in
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:
(1) The spouse of any bona fide member, or
(2) A salaried or compensated firefighter or rescue squad
member who is both employed by the city and associated
with a volunteer fire department or rescue squad meeting
the requirements of section 14-5.1.
No person shall receive any remuneration for participating 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 organizations. Persons eighteen (18) years of age and
under who sell raffle tickets to raise funds for youth
activities in which they participate may receive nonmonetary
incentive awards or prizes from the organization provided that
organization is nonprofit.
Section 14-5.8. Same--Same--Other prohibited practice~
(J)
No person shall participate in the management, operation
or conduct of any bingo game or raffle if, within the
preceding five years, he has been convicted of a felony
or crime of moral turpitude. Further, no person shall
participate in the management, operation or conduct of
any bingo game or raffle if that person, within the past
five years, has participated in the management,
operation, or conduct of any bingo game or raffle which
was found by a local permitting authority or by a court
of competent jurisdiction to have been operated in
violation of state law or local ordinance.
This ordinance shall become effective as provided by law.
INTRODUCED :
PUBLIC HEARING:
ADOPTED :
ATTEST:
~,~ City Clerk~~
July 13, 1993
July 27, 1993
July 27, 1993
'~~YOR