19950725 1995-19ORDINANCE NO. 1995- 19
AN ORDINANCE AMENDING SECTIONS 14-5.1, 14-5.3(a) (1),
14-5.3(a) (2), 14-5.3(a) (3), 14-5.3(d), 14-5.4
14-5.5(d), 14-5.8(e), 14-5.11 AND ENACTING A
NEW SUBSECTION 14-5.8(f) OF ARTICLE I, CHAPTER 14
OF THE CODE OF THE CITY OF FAIRFAX CONCERNING
BINGO AND RAFFLES, DEFINITIONS, ISSUANCE
REQUIREMENTS, CONDUCT OF BINGO GAMES, INSTANT
BINGO, OTHER PROHIBITED PRACTICES, AND ENFORCEMENT
1. BE IT ORDAINED by the City Council of the City of Fair,ax,
Virginia, that Sections 14-5.1, 14-5.3(a) (1), (a) (2), (a) (3), and
(d), 14-5.4, 14-5.5(d), 14-5.8(e) through (k), and 14-5.11, of
Article I, Chapter 14 of the Code of the City of Fair,ax, Virginia
are hereby amended, a new subsection 14-5.8(f) is added, and the
remaining subsections of Section 14-5.8 are renumbered to read in
pertinent part as follows:
Sec. 14-5.1. Binqo and raffles--Definitions.
For the purposes of sections 14-5.2 through 14-5.13 the
following words and phrases shall have the meanings respectively
ascribed to them by this section:
(a)
(b)
"Bingo" means a specific game of chance played with
individual cards having randomly numbered squares ranging
from one to seventy-five (75), in which prizes are
awarded on the basis of desiqnated numbers on such cards
conforming to a predetermined pattern of numbers selected
at random Such cards shall have five ~-z ............
~i6i~i~i headed respectively by the letters B.I.N.G.O.,
~::[:~:~:~:~::~ch row ~i~i~i~ having five ~ randomly numbered
"Instant Bingo" means a specific game of chance played by
the random selection of one or more individually
prepacked cards
being 'determined by the preprinted appearance of
i;::/-::i:i::::i::iii i~ili~!!~!~!::i!?ii~i~ ii! ~i ~!i;:~! iiii!~!~:! :i:i:!:ili:!:i:ii:::~:+:::!::iiii:::~:~ ...... ~' ':~ ........... ~"~ ~ ~, ~
~:~n~e::::as ~:z:z:e ::.~:~nne=s ..... ~,,a "i~"~' ~'~'~ ""~'"'"?:'"'"'!'?! ............. ~ ................... ~':'~':':':':'~ ...............
prasd~'ib'~'d"crd~' ~'"'~'5'~'""~cvarsc side cf such card.
(c) "Organization" means any one of the following:
(i)
(2)
A volunteer fire department or rescue squad or
auxiliary unit thereof which has been recognized by
an ordinance or resolution of the cit-- co .... ¢]
c ~t¥ ~
~6~i~a~!?::~Sa:~ i6~ ........ ::::::::::::::::::::::
.
An organization operated exclusively for religious,
charitable, community or educational purposes; an
association of war veterans or auxiliary units
thereof organized in the United States, or a
fraternal association i~!i!ii?iiii?i!~i~i~i~ operating
under the lodge system.
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(d) "Raffle" means a lottery in which the prize is won by ii~ii~i)ii:
a random drawing of the name or prearranged number of '6'~
or more ,pers°ns purchasing chances ~ (~)~ ~ ~a~n~om
concealed :.~~:::::::::::::::::::::::::::::::: numbers or symbols that must be
::t:h:e:~:~P:i:ayer to determine wins or losseS~ and
exposed
by
~11ij~i~jJ "Jackpot" means a bingo card played as a part of a
h'6~bers on the card are covered, each numbe'~"'"'being
selected at random, and with no ~}}};~h~ ~fi~ ~ ~
(f)ii~i~i~ii "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--Same--Issuance; requirements; duration;
waiver; where valid.
(a) ***
1995-19
(i)
(2)
(3)
-3-
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 t%;c (2)
~:::¥:::~:~ait. However, this requirement shall not
apply (ii) to any lodge or chapter of a national or
international fraternal order or a national or
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 t~;o (2) ~i~i~ili~i~ years, and which
have been established S0'lely t'o raise funds for
school-sponsored activities in public schools which
of at least fifty (50)
percent residents of. the Commonweal~h~ ~ ~
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
its tickets were sold or in the jurisdiction
issuing the permit, except that pulltab 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
~,,~ ~i~ to the public, except to members and
their g~"~'f'S.
The organization shall be operated currently and
shall have always been operated in the past as a
nonprofit organization and shall have been in
existence as a nonprofit organization for a period
of at least t~;~ (2) i~ii~iiiiiiiii.!ii~iiSil)i.i years immediately
prior to seeking a permit as hereinafter provided.
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(b) ***
(C) ~
(d)
Upon compliance by the applicant with the provisions of
sections 14-5.2 to 14-5.9 and at the discretion of the
city manager, the city manager may issue an annual
permit. All permits shall be subject to reasonable
regulation by the city to ensure the public safety and
welfare in the operation of bingo games and raffles.
~i::ii::i:'~i.-. ~::::::::::::::::::::::::::::::::::::::::::: :~i~i~ ::~ ;:' ;:;: i~ :: :~:::::::::::::: ~i::i::::ii :: ::::::::::::::: ~:.:::" ~ ::::::::::::i ~ i~ ":::::: ::::::: :::::::::::' ~ ::::::::: ::~i ':::' ::~ :~:: ::: :: ::::~ ¥: ::: :::' ~ ::::': ::::: ~ ~ ~ :'i:' ~ 'el ~ ~:': ::~ ~ii [~<< i~i~ ~ ~iiiiii ~i~i~ ~ ~<~>~' ~ ~ ~:~iiii~ ~! <~ ~ i ~J~!:~'~?
ii::: i: !i!:: :i: ::::: :i: :: :: ::!:::~:::!: ::::i! i::"iii:':::: !: ::i:::i!i~i!i!!:::!:i: ::!:::i!i~ii !!!:: :!!!:!-i'::::!::~ i!i:: :!: ~: :: !: i~i":::i!i: ~ i~i:::i:!:::::i !:::i:i i "! :::::::::::::::::::::::::::::::::::::::: !:::! :!:::i !:!:i:i ! ~!i:::::: ~.'~:':':':~':~-~'~:~'~'~: ~<~:~':':':':~:'~:'~':~<.:~
::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .:. :..:.:::.:.:.:.:..:::..:. :.. ,: ..... :. <. ::.: .: ,:::: :~ ~: :: . :. :. ::: :.::
Section 14-5.4.
Same--Conduct of bingo games.
No organization may hold bingo games more frequently than
two (2) calendar days in any one calendar week; except,
that a special permit may be granted an organization
which entitles the organization to conduct more frequent
operations during carnivals, fairs and other similar
events at its principal meeting place or any other site
selected by such organization which is located in the
city and which is not in violation of Chapter 26 of this
Code. The organization shall accept only cash or, at its
option, checks in payment of any charges or assessments
for players to participate in bingo games. ~~i~i!iiiiiiii~!
Section 14-5.5.
Same--Same--Instant bingo.
(d)
No organization shall sell an "instant bingo" card to any
individual below sixtccn (16) ~~:~?.~:~:~i~::~i~:):~?~ years of age.
Section 14-5.8. Same--Other prohibited practices
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(e)
Except for persons employed as clerical assistants by
organizations composed of or for deaf or blind persons,
only bona fide members of any organization who have
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
m~= ~o p~t~c~Datc ~f a bona fldc ~n~h .......... ~,
(1)
(2)
The spouse of any bona fide member, or
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.
......................................
~-~i~ii~i~ii: No organization shall award any bingo prize money or
any merchandise valued in excess of the following
amounts:
(i)
No bingo door prize shall
dollars ($25.00); and
exceed twenty-five
1995-19
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(2)
(3)
(4)
No regular bingo or special bingo game prize shall
exceed one hundred dollars ($100.00); and
No instant bingo prize for a single card shall
exceed five hundred dollars ($500.00);
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
(5)
Except as provided herein, no organization shall
award any raffle prize valued at more than one
hundred thousand dollars ($100,000.00). The one
hundred thousand dollar ($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 organization 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) percent 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
educational organizations specifically chartered or
organized under the laws of the Commonwealth and
qualified as a section 501(c) (3) tax-exempt
organization.
The award of any bingo or raffle prize money shall
not be deemed to be part of a gaming contract
within the purview of section 11-14 of the Code of
Virginia.
~",ii~ii~!~:i: Any bingo game in which all the gross receipts from
players for that game are paid as prize money back to the
players shall not be subject to the limitations of
subsection ~cej~ii~i~i~ili of this section, but there shall not be
more than one '~'~h game per calendar day of play and the
prize money from any such game shall not exceed one
thousand dollars ($1,000.00).
'~::~::~:::~:::~::~::~:i:~::: Any organization composed of or for deaf or blind
persons that employs a person not a member to provide
clerical assistance in the conduct of bingo games or
raffles shall have in force fidelity insurance, as
defined in Section 38.2-120 of the Code of Virginia,
written by an insurer licensed to do business in the
Commonwealth.
'(-5-)-ii~?~!~ii: No person shall participate in the management, opera-
............. ~ion or conduct of any bingo game or raffle if, within
the preceding five (5) 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 (5) 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.
1995-19
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Section 14-5.11.
Same--Enforcement~ injunctive relief.
In the event that an organization violates any provision of
sections 14-5.2 to 14-5 9,
~~ ..... n the city attorney may¥
~ ......... , apply to the
circuit court of the city for an injunction restraining the
continued operation of bingo games or raffles or any aspect
This ordinance shall become effective as provided by law.
INTRODUCED: July 11, 1995
PUBLIC HEARING: July 25, 1995
ADOPTED: July 25, 1995
MAYOR
~ ~ [~ATE
ATTEST: