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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. 1995-19 -2- (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. 1995-19 -4- (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 1995-19 -5- (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 -6- (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 -7- 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: