Chapter 696 - UNFAIR AND DECEPTIVE TRADE PRACTICES

Sec. 685.104. - Prohibited Activities for Sexual Offenders and Sexual Predators; Exceptions. TITLE XXI - PUBLIC WORKS AND UTILITIES TITLE XX - PUBLIC WELFARE AND CONSUMER PROTECTION[1]

EXPAND Ch. 690. Reserved Ch. 692. Bingo Ch. 694. Reserved Ch. 696. Unfair and Deceptive Trade Practices Ch. 702. Comprehensive Victim Assistance Program Ch. 704. Weights and Measures Ch. 706. Reserved

Footnotes: --- (1) ---

Cross reference— Businesses, trades and occupations, Tit. VI.

Chapter 692 - BINGO[1]

Footnotes: --- (1) ---

State Law reference— Lotteries, Fla. Const. Art. X, § 7; false official statements, F.S. § 837.06; bingo, F.S. § 849.0931.

PART 1. - GENERAL PROVISIONS

Sec. 692.101. - Legislative findings.

The Council finds that:

(a)

F.S. § 849.093 was enacted by the Legislature in order to authorize non-profit and veterans' organizations engaged in charitable, civic, community, benevolent, religious or scholastic works and other similar activities to conduct bingo games and guest games and to donate the entire proceeds derived from these games to these endeavors, thus bringing aid and comfort to the community and its members.

(b)

F.S. § 849.093(2) prohibits the proceeds from these games from being used for any purpose other than the enumerated purposes whatsoever.

(c)

F.S. § 849.093(3) authorizes non-profit organizations not involved in the efforts listed above to conduct bingo games and guest games only upon the condition that the entire proceeds be returned to the players in the form of prizes.

(d)

F.S. § 849.093 contains various other provisions intended to assure that only the non-profit or veterans' organization is involved in and receives the proceeds of these games, but the present law is inadequate to achieve this objective because of a lack of regulatory authority.

(e)

Monies from bingo games are frequently retained illegally or taken for non-charitable purposes through such ruses as abnormally high rentals or salaries.

(f)

Arrangements between and among lessors of places where bingo games are conducted, actual or putative non-profit organizations and concessionaires at such games have become commercialized to an extent not contemplated or intended by the Legislature.

(g)

Effective enforcement of State law regarding bingo games can only be brought about by local regulation of these games to see that the proceeds from the games pass into the hands of legitimate charitable organizations to be used for legitimate charitable purposes.

(Ord. 78-1324-661, § 1; Ord. 82-86-25, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.101.

Sec. 692.102. - Definitions.

In this Chapter, unless the context otherwise requires:

(a)

Actual business expenses means those variable expenses that have a direct bearing on and are necessary to the conduct of a bingo game and related activities, the allocation of which shall be in accordance with generally acceptable accounting practices.

(b)

Authorized organization means a non-profit organization other than a charitable organization that is entitled under the provisions of F.S. § 849.093(3) to conduct bingo.

(c)

Bingo or bingo game means a game in which:

(1)

Each participant must pay a charge and receives one or more bingo cards;

(2)

The players cover squares as the operator announces a number, a letter or a combination of numbers and letters selected by chance from a receptacle containing objects bearing numbers, letters or combinations of numbers and letters corresponding to the system used for designating the squares on the bingo cards; and

(3)

A prize is awarded to the winner, who is the player or players first properly covering a predetermined and announced pattern of squares on the bingo card being used by the player or players.

(d)

Bingo card means the flat, usually rectangular, piece of paper or thin pasteboard marked off into a set of 25 squares arranged in five vertical rows of five squares each, each square being designated by a number, a letter or a combination of numbers and letters. More than one set of numbers may be printed on a single sheet of paper.

(e)

Charitable organization has the same definition as is given in Section 694.101(a) and also includes veterans' organizations and their auxiliaries.

(f)

Conviction or convicted includes also an adjudication of guilt on a plea of guilty or nolo contendere, or the forfeiture of a bond, when a person has been charged with a misdemeanor involving theft or illegal gambling or with a felony.

(g)

Entire or net proceeds means all moneys collected in exchange for the purpose of bingo cards, admissions and related sales, less only actual business expenses.

(h)

Lease includes a lease, sublease, assignment, rental or agreement to use any premises for the conduct of bingo, other than premises owned by the licensed organization and used by it to conduct bingo for its own benefit.

(i)

Lessor means a person who or organization which leases, subleases, assigns or rents any premises to be used for the conduct of bingo, or agrees to the use of the premises for the conduct of bingo.

(j)

Licensed organization means a charitable or authorized organization that has been issued a license under this Chapter.

(k)

Operator means the charitable organization or authorized organization which conducts a bingo game or a series of bingo games, including but not limited to the following activities:

(1)

Supply, distribution and collection of bingo cards.

(2)

Acceptance or collection of money from players for the purpose of participating in a bingo game or a series of bingo games.

(3)

Distribution of prizes to players.

(4)

Selecting or announcing numbers, letters or combinations of numbers and letters involved in playing the game of bingo.

(l)

Owner means the charitable organization or authorized organization which holds legal title to the premises on which a bingo game or a series of bingo games is played.

(m)

Player means a person who has paid some amount of money to the operator for one or more bingo cards and who has some expectation of receiving a prize if one or more of his bingo cards contains a sufficient number of numbers, letters or combinations of letters and numbers which are the same as those announced by the operator during a bingo game.

(n)

Premises means an indoor or outdoor area used for the conduct of bingo.

(o)

Principal officers means the president, vice-president or treasurer, or the organizational officers performing similar duties.

(p)

Prize means cash or anything of value awarded to a player of a bingo game or players in a series of bingo games.

(q)

Representative means the person designated by a licensed organization to be responsible for the conduct of bingo games.

(Ord. 78-1324-661, § 1; Ord. 82-86-25, § 2; Ord. 83-591-400, § 1)

Note— Former § 405.102.

Sec. 692.103. - Intent.

It is the intent of the Council that all phases of the regulation, licensing and supervision of bingo be closely controlled and the law pertaining thereto be strictly construed and rigidly enforced, to the end that commercialization in all its forms be discouraged, participation by criminal and other undesirable elements be prevented and diversion of the proceeds of bingo games from the purposes authorized by F.S. § 849.093 be eliminated.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.103.

PART 2. - ADMINISTRATION

Sec. 692.201. - Responsibility for administration.

Responsibility for administration and enforcement of this Chapter is vested in the Sheriff. The Sheriff may make, amend and repeal rules and administrative orders to implement this Chapter.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.201.

Sec. 692.202. - License required.

No person or organization may:

(a)

Conduct a bingo game or a series of bingo games as an operator; or

(b)

Lease any premises for the conduct of bingo as a lessor;

Unless in either case the person or organization is the holder of a current annual license as required by this Chapter.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.202.

Sec. 692.203. - License classifications.

Licenses shall be issued under the following classifications:

(a)

A class A license shall be issued to a charitable organization conducting bingo pursuant to the provisions of F.S. § 849.093(2). Where a charitable organization has more than one branch, chapter, lodge or other local unit within the City, it shall make separate application for a class A license for each branch, chapter, lodge or local unit within the City which intends to conduct bingo, each of which, if granted a license, shall be a licensed organization, subject to the limitation contained in F.S. § 849.093(4), at any licensed location within the City owned or leased by the licensed organization pursuant to this Chapter, as long as the license for the licensed organization remains valid and effective. A class A license authorizes the licensed organization to conduct bingo pursuant to this Chapter; it does not authorize the licensed organization to lease any premises owned or leased by it to any other person or organization, whether licensed under this Chapter or not, for the purpose of conducting bingo.

(b)

A class B license shall be issued to an authorized organization conducting bingo pursuant to the provisions of F.S. § 849.093(3). Where an authorized organization has more than one branch, chapter, lodge or other local unit within the City, it shall make separate application for a class B license for each branch, chapter, lodge or local unit within the City which intends to conduct bingo, each of which, if granted a license, shall be a licensed organization. Any number of bingo games may be conducted by the licensed organization, subject to the limitation contained in F.S. § 849.093(4), at any licensed location within the City owned or leased by the licensed organization pursuant to this Chapter, as long as the license for the licensed organization remains valid and effective. A class B license authorizes the licensed organization to conduct bingo pursuant to this Chapter; it does not authorize the licensed organization to lease any premises owned or leased by it to any other person or organization, whether licensed under this Chapter or not, for the purpose of conducting bingo.

(c)

A class C license shall be issued to a person or organization acting as a lessor. Where a person or organization has more than one premises within the City which it wishes to lease to licensed organizations holding valid and effective class A or class B licenses, it shall make separate application for a class C permit for each premises at which bingo may be conducted. A class C license authorizes the licensed organization to lease each licensed premises owned or leased by it to licensed organizations for the purpose of conducting bingo; it does not authorize the licensed organization to conduct bingo. A licensed organization holding a class A or class B license may also hold a class C license.

(Ord. 78-1324-661, § 1; Ord. 82-86-25, § 3; Ord. 83-591-400, § 1)

Note— Former § 405.203.

Sec. 692.204. - Disqualification.

(a)

No license shall be issued to:

(1)

A lessor, charitable organization or authorized organization if the representative or any of the principal officer thereof has, within five years of the date of the application, been convicted of any misdemeanor involving a theft or illegal gambling or of any felony under the laws of this State, the United States or any other State.

(2)

A lessor or operator, whose representative or any of whose principal officers is less than 18 years of age.

(3)

A charitable organization unless at the time it files an application it:

(i)

Holds a valid and effective registration certificate issued by the Consumer Affairs Officer under Chapter 694 (unless it is excused by Chapter 694 from obtaining a registration certificate).

(ii)

Provides evidence satisfactory to the Sheriff that it has been in existence for a period of at least three years.

(b)

No license shall be issued to a lessor or operator whose license under this Chapter has previously been revoked, unless in each case the Council shall specifically authorize the issuance of the license.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.204.

Sec. 692.205. - License application; fee.

(a)

Application. A lessor or operator desiring to obtain a license under this Chapter shall file with the Sheriff a sworn application on forms supplied by the Sheriff. The representative of the lessor or operator shall file the application and execute the oath. The application shall contain at least the following information:

(1)

If the applicant is:

(i)

An individual, his name, residence address and age.

(ii)

An unincorporated organization, its full name and the names, ages and residence addresses of its principal officers.

(iii)

A corporation, the exact corporate name and state of incorporation and the names, ages and residence addresses of its principal officers.

(2)

The representative's full name, age and residence address.

(3)

Whether any of the individuals listed pursuant to subsections (a)(1) and (2) of this Section has, within the five-year period immediately preceding the date of the application, been convicted of any misdemeanor involving a theft or illegal gambling or of any felony under the laws of this State, the United States or any other state and, if so, the particular criminal act involved and the place of conviction.

(4)

If any individual listed pursuant to subsections (a)(1) and (2) of this Section is a naturalized citizen, the date and place of naturalization.

(5)

Whether the applicant has had any license under this Chapter revoked or suspended and, if so, the date of revocation or suspension.

(6)

The names of all municipalities or counties where an application has been made for a license to conduct bingo or to lease premises for the conduct of bingo.

(7)

The name of each bank in which the net proceeds from the conduct of bingo or fees from the lease of any premises for the conduct of bingo are to be deposited.

(8)

The classification of the license for which the application is being filed.

(9)

If the license classification being applied for is:

(i)

A class A license:

(A)

The street address and ownership of the premises where the bingo games are to be conducted, if known at the time the application is filed, and each of them if more than one.

(B)

The date and number of the registration certificate issued by the Consumer Affairs Officer under Chapter 694, or, if the applicant is not required to obtain a registration certificate, evidence of a current exemption under Section 501(c)(3), (4), (10) or (19) or (d) of the Internal Revenue Code [26 U.S.C. 501(c)(3), (4), (10) or (19) or (d)], or other evidence of the non-profit, charitable purpose of the applicant, satisfactory to the Sheriff.

(C)

Evidence of the period of time for which the applicant has been in existence, satisfactory to the Sheriff.

(D)

The days of the week on which bingo games are to be conducted (which shall not exceed the number permitted by F.S. § 849.093(4)) and the purpose for which they are to be conducted.

(E)

If the applicant is a branch, chapter, lodge or other local unit of a non-profit, charitable organization, the name of the primary organization and the street address of its principal office.

(F)

A financial statement in the form prescribed by the Sheriff, containing the sources and amount of the gross revenue derived by the applicant from the conduct of bingo during the twelve-month period ending immediately prior to the date of the application and stating the names of the distributees of the net revenues and the amounts received by each, which statement must be certified as correct by a principal officer, one of the partners or one who controls the operator, but need not be audited.

(ii)

A class B license:

(A)

The street address and ownership of the premises where the bingo games are to be conducted, if known at the time the application is filed, and each of them if more than one.

(B)

Evidence of the non-profit status of the applicant, satisfactory to the Sheriff.

(C)

The days of the week on which bingo games are to be conducted (which shall not exceed the number permitted by F.S. § 849.093(4)).

(D)

If the applicant is a branch, chapter, lodge or other local unit of a non-profit, authorized organization, the name of the primary organization and the street address of its principal office.

(E)

A financial statement in the form prescribed by the Sheriff, containing the sources and amount of the gross revenue derived by the applicant from the conduct of bingo during the twelve-month period ending immediately prior to the date of the application and stating the names of the distributees of the net revenues and the amounts received by each, which statement must be certified as correct by a principal officer, one of the partners or one who controls the operator, but need not be audited.

(iii)

Class C license:

(A)

The street address and ownership of the premises for which the license is being sought.

(B)

If the applicant is not the owner of the premises, the premises not owned by the applicant and, if the premises are leased, the period of time for which such premises have been leased by the applicant (which shall not be less than the period prescribed by F.S. § 849.093(8)).

(C)

If the applicant is leasing premises from another non-profit organization qualified under F.S. § 849.093 and this Chapter, the class and date of issuance of the license held by the other organization.

(D)

A financial statement in the form prescribed by the Sheriff, containing the amount and sources of the applicant's gross revenue during the twelve-month period ending immediately prior to the date of the application, which statement must be certified as correct by a principal officer, one of the partners or one who controls the lessor but need not be audited.

(10)

If the applicant is a partnership, corporation or unincorporated organization, the application will be accompanied by the following documents:

(i)

If the applicant is a partnership, the partnership instrument or a certified copy thereof.

(ii)

If the applicant is a corporation, the articles of incorporation with all amendments thereto and the certificate of incorporation or certified copies thereof.

(iii)

If the applicant is an unincorporated organization, the constitution and by-laws or a certified copy thereof;

(11)

A statement certifying that all information on the application and any attachments thereto is true and that the applicant understands that any misstatement of material fact in the application will result in the denial of the license or, if it has been issued, in the suspension or revocation of the license.

(b)

Fee. Each application shall be accompanied by a non-refundable fee as found in www.jaxsheriff.org/fees, or by a receipt of the Tax Collector evidencing payment of the fee, at the time the application is filed.

(Ord. 78-1324-661, § 1; Ord. 82-86-25, § 4; Ord. 83-591-400, § 1; Ord. 2017-665-E, § 33)

Note— Former § 405.205.

Sec. 692.206. - Investigation.

Upon receipt of an application properly filed and upon payment of the application fee, the Sheriff shall investigate the qualifications of the applicant to determine its eligibility for a license in accordance with the provisions of this Chapter. The Sheriff may request the assistance of other City agencies and they shall provide such information and assistance as the Sheriff deems necessary.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.206.

Sec. 692.207. - Issuance; denial.

(a)

Upon completion of the investigation of an application, the Sheriff shall either approve or disapprove the application. If approved, the license shall be issued upon payment of the license fee provided in Section 692.214, evidenced by a receipt of the Tax Collector showing payment of the fee.

(b)

If the application is disapproved, the Sheriff shall give the applicant, through its representative, notice of the disapproval and the reasons therefor. If the results of the investigation indicate that the applicant may be eligible if corrective or remedial action is taken by it, the Sheriff shall afford the applicant an opportunity, within a reasonable time allowed by the Sheriff, to take such action and become eligible, the application (with any necessary amendments) shall be approved and the license shall be issued upon payment of the license fee provided in Section 692.214, evidenced by a receipt of the Tax Collector showing payment of the fee. If the applicant fails or refuses to take such action within the time allowed by the Sheriff, or if the results of the investigation indicate that no corrective or remedial action by the applicant is possible, the disapproval by the Sheriff shall be final.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.207.

Sec. 692.208. - Amendment of application.

At any time after the application is filed and, if it is approved, so long as the license issued thereon is valid and effective, the application may be amended by the filing by the representative of the applicant or licensed organization, as the case may be, of an amended application without an additional application fee, if any of the information contained in the application changes. An amended application shall be filed if any of the following changes occur:

(a)

Any of the principal officers changes, which shall require the filing of the information required by Section 692.205(a)(1), (3) and (4), as appropriate, with respect to the new principal officer or officers.

(b)

The representative changes, which shall require the filing of the information required by Section 692.205(a)(2), (3) and (4), as appropriate, with respect to the new representative.

(c)

The structure or purpose of the organization changes, which shall require the filing of the information required by Section 692.205(a) with respect to these matters.

In each instance of the filing of an amendment under this Section, the Sheriff shall conduct such investigation of the new or additional matters as he deems necessary to determine the eligibility or continued eligibility of the applicant or licensed organization, as the case may be, to hold a license pursuant to this Chapter. The provisions of Section 692.207 shall be applicable to the results of investigations conducted pursuant to this Section; provided, that where the amendment is of an application on which a license has already been issued, disapproval by the Sheriff of the amendment shall subject the license to the possibility of suspension or revocation as provided in Section 692.212. No amendment may be filed if the effect of approval thereof by the Sheriff would be to make the applicant eligible to hold a license of a classification other than that for which the application was originally filed. An amendment of the application need not be filed in any instance where notification to the Sheriff is sufficient.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.208.

Sec. 692.209. - License non-transferable.

A license issued under this Chapter shall be nontransferable from one operator or lessor to another. This prohibition shall not be construed to prevent an operator or lessor from changing his name, but an amendment to the application for the license shall be filed with the Sheriff, as provided in Section 692.208.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.209.

Sec. 692.210. - Display of license; mutilation prohibited.

Each operator and lessor licensed under this Chapter shall display his license in a conspicuous place on the premises where bingo games are conducted, in a transparent cover or frame. The license shall be available for inspection at all times by persons using the premises when bingo games are in progress. No person shall mutilate, cover, obstruct or remove a license so displayed.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.210.

Sec. 692.211. - Terms of license; renewals.

(a)

All licenses issued under this Chapter, except new licenses, shall be annual licenses which shall expire on September 30 next following; provided, that when the Sheriff is investigating the continued eligibility of an operator or lessor as provided in subsection (b) of this Section, a license which was presented to the Sheriff as required by subsection (b) of this Section on or before September 30 shall not expire until the decision by the Sheriff under subsection (b) of this Section is final. An operator or lessor obtaining a new license after October 1 and before April 1 may do so upon application therefor and the payment of the appropriate license fee and such license shall expire on the following September 30. An operator or lessor obtaining a new license after March 31 and before October 1 may do so upon application therefor and the payment of one-half of the appropriate license fee and such license shall expire on September 30 of the same year.

(b)

An operator or lessor shall be entitled to a renewal of his license on an annual basis on or before October 1 by presenting the license for the previous year or satisfactory evidence of its loss or destruction, in either case properly endorsed by the Sheriff as provided in this subsection, to the Tax Collector and by paying the appropriate license fee. Before a license may be renewed, the operator or lessor shall present the license or evidence of the loss or destruction of the license, as the case may be, to the Sheriff, together with such evidence of the operator's or lessor's continued eligibility to hold the license as may be required by the Sheriff. It shall not be necessary for an operator or licensee holding a valid and effective license issued under this Chapter to file a new application to renew the license nor to pay any additional application fee. Renewal of a license shall not be as a matter of course nor of right and the Sheriff may conduct such investigation of the operator's or lessor's continued eligibility as he deems necessary. If the Sheriff is satisfied as to the operator's or lessor's continued eligibility, he shall endorse his approval on the license or evidence of loss or destruction, as the case may be, and the license may thereupon be renewed. If the Sheriff is not satisfied as to the operator's or lessor's continued eligibility, he shall proceed as provided in Section 692.207(b) in the case of denial of a license.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.211.

Sec. 692.212. - Suspension and revocation of license.

(a)

The Sheriff is authorized to suspend or revoke a license issued under this Chapter when he determines, upon sufficient cause, that:

(1)

In the case of an operator, the operator:

(i)

Or its representative or its principal officers, servants, employees or members, while conducting or assisting in the conduct of a bingo game, gave, offered or distributed any service or thing of value to encourage or entice participation in the play of any bingo game, contrary to the prohibition of Section 692.302(c).

(ii)

Permitted its name to be used in connection with a bingo game that is conducted by any other person, contrary to the prohibition of Section 692.303(a), or acquiesced in such use.

(iii)

Permitted its representative to conduct a bingo game on its behalf contrary to any of the conditions of play stated in Section 692.302, or acquiesced in such conduct.

(iv)

Permitted the consumption of any alcoholic beverage in that part of any premises where a bingo game was being conducted.

(v)

Required or permitted any person who has not been an active member of the operator for a period of at least three months prior to this appointment or designation to act or serve as its representative or to conduct bingo.

(vi)

Offered, paid or gave any salary, compensation or reward in any form whatsoever, directly or indirectly, to any person conducting or assisting in the conduct of bingo.

(vii)

Failed or refused to maintain the records or make the reports required by this Chapter or by the Sheriff pursuant to this Chapter.

(viii)

Failed or refused to make records available on demand by the Sheriff or his authorized representative as provided by Section 692.303(c).

(ix)

Failed or refused to deposit the proceeds derived from the conduct of bingo into a separate bank account as required by Section 692.303(b).

(x)

Its representative, or its principal officers, servants, employees or members violated any rule of the Sheriff made pursuant to the authority granted in Section 692.201.

(2)

In the case of a lessor, the lessor:

(i)

Conducted, assisted or participated in the conduct of bingo, or rendered any service or offered, distributed or gave anything of value to anyone conducting, assisting or participating in the conduct of bingo or to any member of a licensed organization, contrary to the prohibition of Section 692.304(b).

(ii)

Permitted the consumption of any alcoholic beverage in that part of any premises where a bingo game was being conducted, or acquiesced in such consumption.

(iii)

Permitted any premises owned or controlled by him to be used for the conduct of bingo contrary to any of the conditions stated in Section 692.305.

(iv)

Failed or refused to maintain the records or to make the reports required by this Chapter or by the Sheriff pursuant to this Chapter.

(v)

Failed or refused to make records available on demand by the Sheriff or his authorized representative as provided by Section 692.304(d).

(vi)

Failed or refused to deposit the proceeds derived from the leasing of premises upon which bingo is or was conducted into a separate bank account as required by Section 692.304(c).

(vii)

Or its principal officers, servants or agents violated any rule of the Sheriff made pursuant to the authority granted in Section 692.201.

(b)

Before the Sheriff suspends or revokes a license, he shall furnish the operator or lessor a written statement, by certified or registered mail or by personal service, of the cause for the suspension or revocation. The operator or lessor shall have 20 days from the date of the statement in which to request in writing a hearing on the matter. If no request is made within this time, the Sheriff shall proceed to suspend or revoke the license without further proceedings. If a hearing is requested, the operator or lessor shall be entitled to produce witnesses, cross-examine witnesses and be represented by counsel. After the hearing, the Sheriff shall make the decision and notify the operator or lessor thereof by certified or registered mail or by personal delivery.

(c)

In his order suspending or revoking a license, the Sheriff may impose a civil penalty against the operator or lessor as provided in Part 5. If the operator or lessor fails to pay the civil penalty and the order of the Sheriff is that the license be suspended, the license shall be suspended for such additional period of time as the Sheriff may specify in the order and the Sheriff may provide that, at the end of the period of suspension, the civil penalty remaining at that time still unpaid, the license shall be revoked. The Sheriff may withhold the suspension or revocation of a license, or may condition the early termination of the period of suspension or the reinstatement of a revoked license, upon terms the Sheriff in his discretion deems appropriate to implement the intent stated in Section 692.103.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.212.

Sec. 692.213. - Minimum periods of revocation.

Whenever the Sheriff revokes the license of an operator or lessor:

(a)

For any of the reasons stated in Section 692.212(a)(1)(v), (vi) or (ix) or (2)(vi), the revocation shall be effective for a minimum period of one year from the date of revocation.

(b)

For any of the reasons stated in Section 692.212(a)(1)(i) or (ii) or (2)(i), the revocation shall be effective for a minimum period of five years from the date of revocation.

In either case, the operator or lessor whose license has been revoked shall be ineligible to apply for the issuance of another license in any classification for at least the minimum period. The Sheriff may not waive the provisions of this Section nor reduce the minimum periods herein provided.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.213.

Sec. 692.214. - License fee.

(a)

There are hereby levied annual license fees under this Chapter. The licenses fees listed below can be found electronically on the following Jacksonville Sherriff's office webpage www.jaxsheriff.org/fees:

(1)

Class A license.

(2)

Class B license.

(3)

Class C license.

(b)

The license fees collected under this Chapter are fees paid for the purpose of examination and inspection of operators, lessors and premises under this Chapter and are declared to be regulatory fees in addition to and not in lieu of the occupational license taxes imposed by Chapters 770 and 772. The payment of license fees under this Chapter shall not relieve the payer thereof or any other person of liability for and the responsibility of paying an occupational license tax where it is required by Chapters 770 and 772, and for doing such acts and providing such information as may be required by these Chapters.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1; Ord. 2017-665-E, § 33)

Note— Former § 405.214.

Sec. 692.215. - Records and reports; consent by licensee.

Each operator and lessor shall keep such records and make such reports as may be required by the Sheriff to implement this Chapter and carry out its purpose. By applying for a license under this Chapter, a person shall be deemed to have consented to the provisions of this Chapter and to the exercise by the Sheriff of the authority granted by this Chapter.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.215.

PART 3. - REQUIREMENTS FOR OPERATORS, LESSORS, PREMISES AND EQUIPMENT

Sec. 692.301. - Bingo equipment.

(a)

A bingo card may be either disposable or reusable. If the bingo card is:

(1)

Disposable, it shall not be used for more than one series of designated bingo games. It shall be serially numbered and color-coded, and shall be sold to players at a constant unit price, which shall be quoted in all advertising and published in all printed material distributed in relation to bingo. The serial number shall be imprinted on one side of the bingo card, together with the trade name or logo of the manufacturer. Receipts records shall be maintained by serial number and color code of the number of disposable bingo cards sold at each session of play.

(2)

Reusable, it shall be sold to players at a constant unit price, which shall be quoted in all advertising and published in all printed material distributed in relation to bingo. At the time of sale, each player shall be issued a serially numbered, color-coded admission ticket which indicates the number of bingo cards he is authorized to play during the session and the price paid. Receipts records shall be maintained by serial number and color code of the number of tickets issued at each session of play.

(b)

Supplies and equipment bought by an operator for bingo games shall be purchased from a distributor authorized to do business in the State and maintaining an office within the State.

(c)

A distributor of bingo equipment and supplies who sells, rents or leases equipment or supplies to an operator shall provide the operator with a placard having dimensions no less than 24 inches by 36 inches stating the name and address of the manufacturer of the bingo cards supplied by the distributor. The operator shall display the placard on a wall clearly visible to persons using the premises during each bingo game the supplied bingo cards are used.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.301.

Sec. 692.302. - Conduct of bingo.

Each bingo game shall be conducted under the following conditions of play:

(a)

An operator may not conduct bingo during any calendar week any more often than is permitted by F.S. § 849.093(4).

(b)

Prizes, including jackpot and all other awards, shall not exceed the limits established by F.S. § 849.093(5) and (6).

(c)

No service or thing of value shall be given, offered or distributed by an operator to encourage or entice participation in the play of any bingo game, except that the furnishing by an operator of non-alcoholic beverages and edibles to players to be consumed on the premises without cost shall not be construed as encouragement or enticement.

(d)

On two days of play in November and two days of play in December in each year an operator may accept items of food in lieu of money for the purchase of bingo cards for the sole purpose of providing baskets of food for the needy. For these special days, the operator shall keep adequate records of all items taken in and their disposition. Notice in writing shall be given to the Sheriff at least two weeks in advance of the day scheduled for a special day, and the Sheriff may, to prevent confusion and to provide an orderly series of special days of play under this subsection, assign and allot days among operators.

(e)

All winners shall be determined and all prizes shall be awarded within the same calendar day as that upon which the game is conducted. If the operator is an authorized organization, the requirements of F.S. § 849.093(3), relative to exhaustion of the entire net proceeds of the bingo game, shall apply and, if the operator is required by the provisions of that Section to conduct bingo games without any charge to the players until the exhaustion of the entire net proceeds, a sign or placard to that effect shall be conspicuously displayed on the premises from the time that the first bingo game without charge commences until the last bingo game without charge is completed. No prize shall be awarded unless the player shows his signed bingo card to the operator, who shall indicate thereon the amount, character and value of the prize awarded, and all the bingo cards shall be surrendered at the end of play for that day to the operator. The operator shall retain the surrendered bingo cards for a period of 90 days, or longer if required by the Sheriff.

(f)

No person under the age of 18 years shall:

(1)

Participate or be permitted to participate in any bingo game.

(2)

Be present or permitted to be present in that part of the premises where a bingo game is being conducted.

(g)

No bingo card shall be removed from the premises where the bingo game is being conducted for any reason whatsoever while a bingo game is in progress.

(h)

No alcoholic beverages shall be permitted, consumed or allowed to be consumed in that part of any premises where a bingo game is being conducted.

(i)

No other game of chance or skill whatsoever shall be offered, played, conducted or participated in by any person on the premises where a bingo game is in progress or is to be played or conducted.

(j)

The game of bingo shall not be conducted or played under any other name, designation, title, label, term or pseudonym.

(k)

Each person operating or assisting in the operation of a bingo game shall wear a legible tag bearing his name and the name of the operator. The representative of the operator shall be present on the premises at all times when a bingo game is in progress, except when excused for extraordinary reasons as provided in the rules promulgated by the Sheriff. The representative shall not conduct bingo for any other operator or lessor, or any other person, whether or not licensed under this Chapter.

(l)

During the course of a bingo game, the operator shall post in a conspicuous place, in letters and numbers no less than three inches high, the following information:

(1)

The names of all persons operating or assisting in the conduct of the bingo game, including also the name of the representative, and the name of the operator.

(2)

The total gross receipts collected at each bingo game or series of bingo games.

(3)

The total value of all prizes, whether in money or other thing of value, to be awarded at each bingo game or series of bingo games.

(4)

The net receipts collected but not awarded as prizes.

The information required by subsections (l)(2), (3) and (4) of this Section shall be posted after each bingo game or series of bingo games is completed and separate entries for each game or series of bingo games shall be indicated. All figures shall remain posted until the last bingo game is played for that day.

(Ord. 78-1324-661, § 1; Ord. 82-86-25, § 5; Ord. 83-591-400, § 1)

Note— Former § 405.302.

Sec. 692.303. - Operators.

(a)

Licensure required. It shall be unlawful for a person to conduct a bingo game unless the person is a licensed organization holding a current and effective class A or class B license, which license shall not be under suspension or permanently or conditionally revoked. No licensed organization shall allow the use of its name in any manner or for any reason whatsoever for the conduct of bingo by any other person.

(b)

Separate bank account. The entire proceeds derived from the conduct of bingo by an operator shall be deposited at the conclusion of each day of play in a checking account in a bank located within the City, which shall be maintained separate and apart from all other accounts of the operator and which shall not be used for the deposit of funds received from any other activity than the conduct of bingo. Two of the principal officers of the operator shall be required to sign all checks, drafts and other instruments withdrawing or transferring funds from the checking account, without exception. The provisions of this subsection shall not preclude:

(1)

In the case of a charitable organization, the periodic transfer of the entire net proceeds derived from the conduct of bingo into a savings or other account established for the charitable, religious, educational, fraternal, patriotic, civic, community or benevolent endeavor for which the bingo games were played.

(2)

In the case of an authorized organization, the withdrawal of the entire net proceeds, or the necessary portion thereof, to be used on the next scheduled day of play as prizes pursuant to the requirement of F.S. § 849.093(3).

(c)

Maintenance of records. An operator shall maintain adequate records according to generally accepted accounting practices and in a form prescribed by the Sheriff, which records shall show:

(1)

Gross proceeds from any source related to the conduct of bingo, including a method of cash control with respect to admissions, concessions and other related activities.

(2)

Receipts records as required by Section 692.301(a).

(3)

Actual expenses.

(4)

Entire or net proceeds.

(5)

The distribution or disposition of the entire or net proceeds.

These records shall be made available on demand for immediate inspection by the Sheriff or his authorized representative at reasonable times during normal business and whenever a bingo game is in progress, but the Sheriff or his authorized representative shall not interrupt an actual bingo game or interfere with the operation of the premises where bingo is played unless necessary in order to make an inspection. All records shall be retained by the operator for a minimum time of three years or for such longer period as may be required by the Sheriff.

(d)

Financial statement; other reports. Annually, or more frequently if the Sheriff requires, each operator shall file with the Sheriff a financial statement, in the form prescribed by the Sheriff, containing the sources and the amount of the gross revenue derived by the operator from the conduct of bingo during the twelve-month or other period for which the statement is being filed and stating the names of the distributees of the net revenues and the amounts received by each. This financial statement shall be certified as correct by a principal officer, one of the partners or one who controls the operator, but need not be audited; provided, that the foregoing language shall not prohibit an operator from filing an audited financial statement nor the Sheriff from requiring the filing of an audited financial statement whenever he determines that an audited financial statement is necessary to enable him to ascertain whether the operator is obeying the law and the rules promulgated under the authority of Section 692.201. The Sheriff may also require an operator to submit other reports, on a periodic basis or upon demand by the Sheriff, concerning the activities connected with or related to the conduct of bingo, which reports shall be certified as prescribed for financial statements but need not be audited.

(e)

Active membership of representative and assistants. The representative and any other person involved in or assisting with the conduct of any bingo game shall have been an active member of the licensed organization for a period of at least three months prior to his appointment or designation to conduct bingo, and proof of the length of membership shall be furnished by the licensed organization upon demand by the Sheriff or his authorized representative. The possession by the representative or other person of a valid identification or membership card issued by the licensed organization, containing the date of active membership and full name of the person to whom it is issued. A change of a principal officer or of a representative of a licensed organization may be made at any time, but such change shall require the immediate filing with the Sheriff of an amendment of the licensed organization's application as prescribed by Section 692.208.

(f)

Compensation prohibited. No salary, compensation or reward in any form whatsoever shall be offered, paid or given, directly or indirectly, to any person conducting or assisting in the conduct of bingo.

(Ord. 78-1324-661, § 1; Ord. 82-86-25, § 6; Ord. 83-591-400, § 1)

Note— Former § 405.303.

Sec. 692.304. - Lessors.

(a)

Licensure required. It shall be unlawful for a person to lease, sublease, assign or rent any premises for the conduct of bingo, or agree to the use of any premises for the conduct of bingo, unless the person shall have a current and valid class C license under this Chapter, which license shall not be under suspension or permanently or conditionally revoked. This requirement for a class C license shall not apply when a licensed organization holding a class A or class B license is the owner of the premises upon which it conducts bingo games only and solely for its own benefit.

(b)

Interest in bingo prohibited. No lessor and no officer, director, stockholder, employer or any other person having an interest in the lessor shall conduct, assist or participate in the conduct of bingo, or render any service or offer, distribute or give anything of value to anyone conducting, assisting or participating in the conduct of bingo or to any member of a licensed organization.

(c)

Separate bank account. The entire proceeds derived by a lessor from the leasing of premises upon which bingo is conducted shall be deposited in a checking account in a bank located within the City, which shall be maintained separate and apart from all other accounts of the lessor and shall not be used for the deposit of funds received from any other activity than the leasing of premises for the conduct of bingo. If the lessor is other than an individual, two of the principal officers or partners shall be required to sign all checks, drafts and other instruments withdrawing or transferring funds from the checking account, without exception. The provisions of this subsection shall not preclude the periodic withdrawal or transfer of the net proceeds, after payment of the actual business expenses related to the premises from which the funds were derived, for the use of the lessor.

(d)

Maintenance of records. A lessor shall maintain adequate records according to generally accepted accounting practices and in a form prescribed by the Sheriff, which records shall show all gross proceeds, actual business expenses and the entire or net proceeds from leases or rentals of premises for the conduct of bingo, and which shall also include the executed leases or agreements, if any, for that premises. These records shall be made available on demand for immediate inspection by the Sheriff or his authorized representative at reasonable times during normal business hours. All records shall be maintained by the lessor for a minimum time of three years or for such longer period as may be required by the Sheriff.

(e)

Financial statement; other reports. Annually, or more frequently if the Sheriff requires, each lessor shall file with the Sheriff a financial statement, in the form prescribed by the Sheriff, containing the sources and the amount of the gross revenue derived by the lessor from the leasing of premises for the conduct of bingo during the twelve-month or other period for which the statement is being filed and stating the actual business expenses related to the premises. This financial statement shall be certified as correct by a principal officer, one of the partners or one who controls the lessor, but need not be audited; provided, that the foregoing language shall not prohibit a lessor from filing an audited financial statement nor the Sheriff from requiring the filing of an audited financial statement whenever he determines that an audited financial statement is necessary to enable him to ascertain whether the lessor is obeying the law and the rules promulgated under the authority of Section 692.201. The Sheriff may also require a lessor to submit other reports, on a periodic basis or upon demand by the Sheriff, concerning the activities connected with or related to the leasing of premises for the conduct of bingo, which reports shall be certified as prescribed for financial statements but need not be audited.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.304.

Sec. 692.305. - Use of premises.

A premises may be used to conduct bingo under the following conditions:

(a)

Bingo shall not be conducted between the hours of 12:00 midnight and 9:00 a.m.

(b)

Bingo may be conducted on Sunday.

(c)

Not more than one licensed organization shall lease any premises for the conduct of bingo in any 24-hour period, and no other licensed organization shall conduct bingo upon the same premises in that time period. This prohibition shall not extend to or affect the leasing, rental or use of premises for any other purpose than the conduct of bingo.

(d)

A premises shall be leased, rented or used for the conduct of bingo only if the lessor has included the premises on his application for the class C license.

(e)

The rental fee for the lease of any premises on which bingo games are to be conducted shall not be calculated on a percentage basis of the seating capacity of the leased premises, of the game receipts before or after payment of the actual business expenses or of the number of persons attending any occasion that includes the play of bingo games. The amount paid for such lease shall not exceed the fair market value of the leasehold interest.

(f)

When the rental fee for the lease of any premises on which bingo games are to be conducted includes the use of equipment, tables, chairs and other articles essential to the conduct of bingo, the provisions of subsection (e) of this Section shall apply, except that the amount paid for the lease may exceed the fair market value of the leasehold interest by not more than 15 percent.

(g)

When a lessor rents or leases any premises to more than one licensed organization at a time, so that each licensed organization is allowed to use the premises to conduct bingo for a specified period of time, after which another licensed organization is allowed to do so, the total rental fee for all the leases together shall not exceed the limitations contained in subsections (e) and (f) of this Section. The Sheriff may authorize a lessor to exceed the limitations contained in subsections (e) and (f) of this Section only upon:

(1)

A showing by the lessor that economic hardship would otherwise result.

(2)

A finding by the Sheriff that an authorization pursuant to this sentence will not be contrary to the public interest.

(h)

The lessor or the operator may provide, or may license a concessionaire to provide, food and non-alcoholic beverages for the persons on the premises while bingo games are being conducted. These items shall be provided without cost or they may be sold for a price determined by the seller of the items; provided, that if the items are sold for a price, the operator may not require that any of the items be purchased as a condition of playing a bingo game. If a concessionaire is licensed to provide the items, neither the concessionaire nor an officer, director, stockholder, employee or other person having an interest in the concessionaire shall conduct, assist or participate in the conduct of bingo, or render any service (other than as the licensed concessionaire) or offer, distribute or give anything of value (other than the food and non-alcoholic beverage items it is licensed to provide) to anyone conducting, assisting or participating in the conduct of bingo or to any member of a licensed organization. Payments by a concessionaire to a lessor or operator under and strictly according to the terms of the concession license shall not be deemed an unlawful contribution to or interest in bingo, and all payments shall be shown by the recipient lessor or operator on the financial statements required by Sections 692.303(d) and 692.304(e). All concession licenses or concession agreements shall be in writing, and the lessor or operator shall keep an executed copy thereof in the records he is required by Section 692.303(e) or Section 692.304(d) to maintain.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.305.

PART 4. - ENFORCEMENT

Sec. 692.401. - Conduct of bingo or lease of premises for bingo without license unlawful.

It shall be unlawful for a person or organization to conduct bingo or to lease or rent premises for the conduct of bingo unless the person or organization shall have a currently valid license of the proper classification therefor under this Chapter, which license shall not be under suspension or permanently or conditionally revoked.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.401.

Sec. 692.402. - Admission of or participation by minors unlawful.

It shall be unlawful for an operator to admit a minor to that part of any premises where a bingo game is being conducted, or to permit a minor to participate in a bingo game.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.402.

Sec. 692.403. - Enticements or inducements to play bingo.

It shall be unlawful for an operator, or a representative of an operator, or a person assisting in the conduct of bingo, to give, offer or distribute any service or thing of value to encourage or entice participation in the play of any bingo game, except edibles or non-alcoholic beverages to be consumed on the premises furnished without cost to the players or sold for a price by concessionaires, by the lessor of the premises or by the operator.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.403.

Sec. 692.404. - Tampering with notices, etc.

No person shall mutilate, destruct, tear down, remove or otherwise tamper with an official notice, placard, poster or other sign required by this Chapter or by the Sheriff to be posted, unless authorized to do so by the Sheriff or by this Chapter.

(Ord. 78-1324-661, § 1)

Note— Former § 405.404.

Sec. 692.405. - False statement prohibited.

No person shall knowingly make, or induce or cause to be made by another, a false, untrue or misleading statement or a signature of another on a certificate, application, registration, report or other document required to be prepared pursuant to this Chapter. No person shall knowingly make a false, untrue or misleading oral statement to the Sheriff as to any matter investigated by the Sheriff.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.405.

Sec. 692.406. - Unlawful reproduction or alteration of documents.

No person shall reproduce or alter, or cause to be reproduced or altered, a license, report, certificate or other document issued by the Sheriff if the purpose of the reproduction or alteration is the evasion or violation of a provision of this Chapter or any other law.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.406.

Sec. 692.407. - Confiscation of bingo equipment authorized.

(a)

Bingo equipment includes bingo cards, chips or markers for use in covering the spaces on a bingo card, the balls, cubes or tiles having the letters, numbers or combinations thereof by which the squares on bingo cards are denominated and used by the operator in conducting a bingo game, a birdcage or similar device, whether hand-operated or mechanically powered, for randomizing and ejecting the balls, cubes or tiles just described, a master bingo layout for the display of balls, cubes or tiles ejected and called by the operator or any other device, implement, apparatus or paraphernalia ordinarily or commonly used or designed to be used in the conduct of bingo, but does not include tables, chairs and similar items not specifically designed for use in the conduct of bingo. Except in instances when bingo equipment is being used in the conduct of bingo by an operator having the appropriate license upon premises owned by the operator or leased from a lessor having the appropriate license, neither of which licenses is under suspension or permanently or conditionally revoked, the use of bingo equipment in the conduct of a bingo game is unlawful.

(b)

All bingo equipment that is found by the Sheriff being used in the conduct of an unlawful bingo game shall be subject to confiscation and forfeiture as provided in Section 692.408. It shall be the duty of the Sheriff, or of any law enforcement officer in the office of the Sheriff, finding any bingo equipment being used unlawfully to seize and take possession of the equipment for disposition as provided in Section 692.408. It shall also be the duty of the Sheriff, or of any law enforcement officer in the office of the Sheriff, finding any bingo equipment being used unlawfully in connection with any lawful search made by him, to seize and take possession of the equipment for disposition as provided in Section 692.408.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.407.

Sec. 692.408. - Procedure for disposition of bingo equipment.

(a)

Return of Sheriff. When bingo equipment is seized by the Sheriff, or by a law enforcement officer in the office of the Sheriff, pursuant to the provisions of Section 692.407, the Sheriff shall fix the approximate value thereof and make a return thereof to the Office of General Counsel. The return shall contain a schedule of the bingo equipment seized, describing it in reasonable detail; shall give in detail the facts and circumstances under which it was seized and state in full the reason why the seizing officer knew or was led to believe that the bingo equipment was being used unlawfully; and shall list all persons known to the Sheriff to be interested in the seized bingo equipment. The Sheriff shall hold the seized bingo equipment pending its disposition by the court as hereinafter provided.

(b)

Proceedings for forfeiture.

(1)

Petition for forfeiture; citation.

(i)

Upon receipt of the Sheriff's return, the Office of General Counsel shall file with the appropriate court a petition for forfeiture of the seized bingo equipment. The proceedings and any judgment of forfeiture shall be in rem and primarily against the bingo equipment itself. Upon the filing of the petition, the Clerk shall issue a citation, directed to all persons owning, having or claiming an interest in or a lien upon the seized bingo equipment, to file their claim to, on or in the equipment within the time fixed in the citation, as to persons not personally served, and within 20 days from personal service of the citation where personal service is held. Personal service shall be made on all persons in Florida, listed on the Sheriff's return, in accordance with the Florida Rules of Civil Procedure and the laws of the State. The citation shall be in substantially the following form:

IN THE [ names of court]

IN RE FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY:

[ here describe seized bingo equipment ]

The City of Jacksonville to:

[ here list the individuals, partnerships, corporations and unincorporated organizations listed on the Sheriff's return]

AND TO ALL PERSONS, FIRMS AND CORPORATIONS OWNING, HAVING OR CLAIMING AN INTEREST IN OR LIEN ON THE ABOVE-DESCRIBED PROPERTY.

YOU AND EACH OF YOU is hereby notified that the above-described property has been seized under and by virtue of Chapter 692, Ordinance Code, and is not in the possession of the Sheriff of Duval County, and you and each of you is hereby further notified that a petition under said Chapter has been filed in  [name of court]  seeking the forfeiture of the said property. You are hereby directed and required to file your claim, if any you have, and show cause on or before ________, 19___, if not personally served with process herein, and within 20 days from service if personally served with process herein, why the said property should not be forfeited pursuant to said Chapter 692, Ordinance Code. Should you fail to file claim as herein directed, judgment will be entered against you herein in due course. Persons not personally served with process may obtain a copy of the petition for forfeiture filed herein from the undersigned Clerk of Court.

WITNESS my hand and the seal of the above-mentioned court, at Jacksonville, Florida this ________, 19___.

_____  [Clerk of the court]

(Court Seal)

By _____   (Deputy Clerk)

(ii)

The citation shall be returnable, as to persons served constructively, not less than 21 nor more than 30 days from the posting or publication thereof and, as to persons personally served, within 20 days from service thereof.

(iii)

If the value of the seized bingo equipment is shown by the Sheriff's return to have an approximate value of $400 or less, the citation shall be constructively served by posting at three public places in the City, one of which shall be the front door of the Duval County Courthouse. If the value of the seized bingo equipment is shown by the Sheriff's return to have an approximate value of more than $400, the citation shall be published once a week for three consecutive weeks as provided in F.S. Ch. 50. Failure of the record of the proceeding to show proof of publication shall not affect any judgment made therein unless it shall affirmatively appear that no publication was made.

(2)

Delivery of property to claimant. A person filing a claim in the action, which claim shall state fully his right, title, claim or interest in and to the seized bingo equipment, may, at any time after the claim is filed with the Clerk of the Court, obtain possession of the seized bingo equipment by filing a request therefor with the Sheriff and posting with him a surety bond, to be approved by the Office of General Counsel, payable to the City in twice the amount of the value of the property as fixed on the Sheriff's return, with a corporate surety duly authorized to transact business in the State as a surety, conditioned upon his paying to the Sheriff the value of the property together with the costs of the proceedings if a judgment of forfeiture is entered by the court. Upon the posting of the bond with the Sheriff and the release of the property to the applicant, the action shall proceed to final judgment as if no bond has been filed, except that an execution issued pursuant to a final judgment may run and be enforced against the person posting the bond and his surety.

(3)

Proceedings before judgment. The action shall proceed as a civil action under the Florida Rules of Civil Procedure and the laws of the State, except as herein provided. A claimant shall prove to the satisfaction of the court that he did not know or have any reason to believe, at the time his right, title, interest or lien arose, the seized bingo equipment was being used for or in connection with the unlawful conduct of bingo and further that at that time there was no reasonable reason to believe that the equipment might be used for such purposes. Where the owner of the seized bingo equipment has been convicted of a violation of Section 692.501(a) or Section 692.501(b), the conviction shall be prima facie evidence that each claimant has reason to believe that the equipment might be used for or in connection with the unlawful conduct of bingo, and it shall be incumbent upon the claimant to satisfy the court that he was without knowledge of the conviction.

(4)

Judgment of forfeiture. On final hearing, the Sheriff's return shall be taken as prima facie evidence that the seized bingo equipment was or had been used for or in connection with the unlawful conduct of bingo and shall be sufficient predicate for a judgment of forfeiture, in the absence of other proofs and evidence. Where the seized bingo equipment is encumbered by a lien or retained-title agreement under circumstances wherein the lienholder had no knowledge of the use of the equipment for or in connection with the unlawful conduct of bingo and no reasonable reason to believe that it might be so used, the court may:

(i)

Declare a forfeiture of all other rights, titles and interests subject to the lien of the innocent lienholder.

(ii)

Direct the payment of the innocent lien from the proceeds of a sale of the seized bingo equipment.

Upon the entry of a judgment of forfeiture, the court shall determine the disposition to be made of the seized bingo equipment. A sale of the seized bingo equipment shall be at public sale to the highest and best bidder for cash after two weeks' public notice has been given as the court directs. Where the seized bingo equipment has been delivered to a claimant as provided in subsection (b)(2) of this Section, the court shall determine the value of the equipment, or portion thereof subject to forfeiture, and shall enter judgment against the principal and surety of the bond in such amount, for which execution shall issue in the usual manner. Upon the application of a claimant, the court may fix the value of the forfeiture interest or interests in the seized bingo equipment and permit the claimant to redeem the equipment upon the payment of a sum equal to the value of the forfeitable interest or interests, which sum shall be disposed of as would the proceeds of a sale of the equipment under a judgment of forfeiture.

(c)

Disposition of proceeds of forfeiture. Moneys received from the sale or other disposition of seized bingo equipment shall be paid into the General Fund-General Services District as miscellaneous receipts.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.408.

Sec. 692.409. - Confiscation of money and other things of value.

(a)

Except in instances when a bingo game is being conducted by an operator having the appropriate license upon premises owned by the operator or leased from a lessor having the appropriate license, neither of which licenses is under suspension or permanently or conditionally revoked, all money or other things of value taken in by or in the possession of the operator from activities relating to an unlawful bingo game is unlawful and shall be subject to confiscation and forfeiture as herein provided. The right of property in and to any such money or other things of value is declared not to exist in any person.

(b)

All money or other things of value found by the Sheriff, or by a law enforcement officer in the office of the Sheriff, in the possession of the operator, his representative or any person assisting in the conduct of any unlawful bingo game, which money or other things of value were or appear to have been derived from admissions, sales of bingo cards, sales of food and beverages, concession payments and other activities in connection with the conduct of the unlawful bingo game, shall be seized and retained in the custody of the Sheriff. The Sheriff shall make a return thereof, listing the items seized and, if any of such items is not money, the approximate value thereof, and shall file the return with the Office of General Counsel. Upon receipt of the Sheriff's return, the Office of General Counsel shall petition the appropriate court for forfeiture of the money or other things of value.

(c)

All moneys and other things of value, or the proceeds from the sale of such things of value if a sale is ordered by the court, shall be placed into the General Fund-General Services District as miscellaneous receipts or otherwise disposed of as ordered by the court.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.409.

Sec. 692.410. - Certain premises declared nuisances.

A room, house, building, boat, vehicle, structure or place which is either:

(a)

Not included in an approved application for a class C license and covered by a current and valid class C license issued under this Chapter; or

(b)

Not owned by the person, firm, corporation or unincorporated organization, whether or not licensed under this Chapter, conducting a bingo game therein;

Upon or within which a bingo game is conducted contrary to the provisions of this Chapter is declared to be a common nuisance. An action to enjoin the nuisance shall be brought by the Office of General Counsel, at the request of the Sheriff, in the appropriate court. If a person has knowledge or reason to believe that his room, house, building, boat, vehicle, structure or place is occupied or used for the conduct of a bingo game contrary to the provisions of this Chapter and by acquiescence or consent suffers the same to be so occupied or used, the room, house, building, boat, vehicle, structure or place shall be subject to a lien for and may be sold to pay all fines or costs assessed against the person guilty of the nuisance, and the Office of General Counsel shall enforce this lien in the appropriate court.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.410.

Sec. 692.411. - Immunity from liability.

All officers and employees of the City who are acting within the scope of their duties and authority under this Chapter shall not be liable, civilly or criminally, for trespass upon real property.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.411.

PART 5. - VIOLATIONS AND CIVIL PENALTIES

Sec. 692.501. - Major violations.

A person who, knowingly and wilfully:

(a)

Uses any room, house, building, boat, vehicle, structure or place owned or leased by him, which room, house, building, boat, vehicle, structure or place is either:

(1)

Not included in an approved application for a class C license and covered by a current and valid class C license issued under this Chapter; or

(2)

Not covered by a licensed organization and being at the time used to conduct a bingo game for its own benefits;

For the conduct of a bingo game by a person not holding a current and valid class A or class B license issued under this Chapter, or acquiesces in or consents to this use;

(b)

Conducts a bingo game without at the time having a current and valid class A or class B license issued under this Chapter;

(c)

Gives, offers or distributes any service or thing of value to encourage or entice participation in the play of any bingo game, contrary to the prohibition of Section 692.302(c);

(d)

Being at the time a licensed organization, permits its name to be used in connection with a bingo game that is conducted by any other person, contrary to the prohibition of Section 692.303(a), or acquiesces in such use;

(e)

Leases, subleases, assigns or rents a premises for the conduct of bingo, or agrees to the use of any premises for the conduct of bingo, without at the time having a current and valid class C license issued under this Chapter;

(f)

Being at the time a lessor, conducts, assists or participates in the conduct of bingo, or renders any service or offers, distributes or gives anything of value to anyone conducting, assisting or participating in the conduct of bingo or to any member of a licensed organization, contrary to the prohibition of Section 692.304(b);

Shall, upon conviction of a first offense, be guilty of a class D offense. A person convicted of a second offense under this Section shall be subject to a fine of not more than $1,000 or to imprisonment of not more than six months, or to both such fine and imprisonment. Any person convicted of a third or subsequent offense under this Section, after having been twice convicted already, shall, for each such conviction, be subject to a fine of not more than $2,000 or to imprisonment of not more than one year, or to both a fine and imprisonment. For violations that are of a continuing nature, each day that the violation continues shall be a separate offense.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.501.

Sec. 692.502. - Minor violations.

A person who, knowingly and wilfully:

(a)

Being at the time a representative of any operator, conducts a bingo game on behalf of that operator contrary to any of the conditions of play stated in Section 692.302, or permits or acquiesces in such conduct;

(b)

Permits the consumption of any alcoholic beverage in that part of any premises where a bingo game is being conducted;

(c)

Permits any premises owned or controlled by him to be used for the conduct of bingo contrary to any of the conditions stated in Section 692.305;

(d)

Being at the time an operator, requires or permits any person who has not been an active member of the operator for a period of at least six months prior to his appointment or designation to act or serve as the operator's representative or to conduct bingo;

(e)

Offers, pays or gives any salary, compensation or reward in any form whatsoever, directly or indirectly, to any person conducting or assisting in the conduct of bingo;

(f)

Being at the time an operator or lessor, fails or refuses to deposit the proceeds derived from the conduct of bingo or from the leasing of premises upon which bingo is conducted, as the case may be, into a separate bank account as required by Section 692.303(b) or Section 692.304(c);

(g)

Fails or refuses to maintain the records or to make the reports required by this Chapter or by the Sheriff pursuant to this Chapter;

(h)

Fails or refuses to make records available on demand by the Sheriff or his authorized representative as provided by Section 692.303(c) or Section 692.304(d);

(i)

Mutilates, obstructs, tears down, removes or otherwise tampers with any official notice, placard, poster or other sign required by this Chapter or by the Sheriff to be posted without legal authority to do so;

(j)

Reproduces or alters, or causes to be reproduced or altered, a license, report, certificate or other document issued by the Sheriff, with an intent to evade or violate any provision of this Chapter or any other law;

(k)

Uses or has in his possession any bingo equipment, as defined in Section 692.407(a), that is being used to conduct an unlawful bingo game as prohibited by Section 692.407(a);

(l)

Has in his possession any money or other thing of value derived from admissions, sales of bingo cards, sales of food and beverages, concession payments and other activities in connection with the conduct of an unlawful bingo game as prohibited by Section 692.409(a);

(m)

Commits any violation of this Chapter not otherwise mentioned in this Section or in Section 692.501;

Shall be guilty of a class C offense. For violations that are of a continuing nature, each day that the violation continues shall be a separate offense.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.502.

Sec. 692.503. - Civil penalties.

In addition to or in lieu of the penalties that may be imposed under Section 692.501 or Section 692.502, the following civil penalties may be assessed:

(a)

A person who conducts or attempts to conduct a bingo game without having first obtained the appropriate license under this Chapter may be assessed a civil penalty:

(1)

If no profit was derived by the person from the bingo game, of up to $300.

(2)

If any profit was derived by the person from the bingo game, not exceeding the amount of the profit so derived.

(b)

A person who leases, subleases, assigns or rents any premises for the conduct of bingo, or agrees to the use of any premises for the conduct of bingo, or attempts to do any of these things, without having first obtained the appropriate license under this Chapter may be assessed a civil penalty:

(1)

If no profit was derived by the person as a result of the lease, sublease, assignment, rental or agreement, of up to $300.

(2)

If any profit was derived by the person as a result of the lease, sublease, assignment, rental or agreement, not exceeding the amount of the profit so derived.

(c)

An applicant for a license under this Chapter, and any representative, officer, director, partner, agent or attorney of an applicant, who knowingly makes a false statement or provides false information on any document or paper accompanying and forming a part of the application, shall be assessed a civil penalty of up to $200 for each false statement or false item of information.

(d)

An operator which conducts, or permits or consents to its representative conducting, a bingo game contrary to any of the conditions of play stated in Section 692.302 may be assessed a civil penalty of up to $100 for each condition that is violated.

(e)

A lessor who permits his premises to be used for the conduct of bingo contrary to the conditions of use stated in Section 692.305 may be assessed a civil penalty of up to $100 for each condition that is violated at each premises.

(f)

An operator or lessor that does not keep the records or make the reports required by this Chapter or by the Sheriff pursuant to his authority hereunder, contrary to Section 692.303(c) or (d) or Section 692.304(d) or (e), may be assessed a civil penalty of up to $50 for each violation.

(g)

Any person who aids or participates in a violation for which a civil penalty may be assessed under this Chapter shall be considered a principal in the violation and may be assessed a civil penalty of up to the maximum amount prescribed for that violation.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.503.

Sec. 692.504. - Assessment and recovery of civil penalty.

A civil penalty shall be assessed by the Sheriff, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the violator and the history of previous violations. Civil penalties assessed and owed under this Chapter shall be paid into the General Fund-General Services District as miscellaneous receipts, and may be recovered in a civil action in the name of the City.

(Ord. 78-1324-661, § 1; Ord. 83-591-400, § 1)

Note— Former § 405.504.

Chapter 696 - UNFAIR AND DECEPTIVE TRADE PRACTICES[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2005-1177-E, § 1, amended the title of Ch. 696 to read as herein set out.

State Law reference— Consumer protection, F.S. Ch. 501.

Sec. 696.101. - Short title.

This Chapter shall be known and may be cited as the Unfair and Deceptive Trade Practices Ordinance.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2005-1177-E, § 2)

Note— Former § 400.101.

Sec. 696.102. - Definitions.

As used in this Chapter, unless the context otherwise requires:

(a)

Article means a product as distinguished from its trademark, label or distinct address in packaging.

(b)

Certain mark means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy or other characteristics of the goods or services, or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.

(c)

Collective mark means a mark used by members of a cooperative, association or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization.

(d)

Consumer means actual or prospective purchaser, lessee or recipient of consumer goods or services, whether individual, corporate or other group or entity and shall also include the agent or other surrogate for such.

(e)

Mark means a work, name, symbol, device or any combination of the foregoing in any form or arrangement.

(f)

Service mark means a mark used by a person to identify services and to distinguish them from the services of others.

(g)

Trademark means a mark used by a person to identify goods and to distinguish them from the goods of others.

(h)

Trade name means a word, name, symbol, device or any combination of the foregoing in any form or arrangement used by a person to identify his business, location or occupation and distinguish it from the business, vocation, or occupation of others.

(Ord. 69-208-157, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2005-1177-E, § 3)

Note— Former § 400.102.

Sec. 696.103. - Unfair and deceptive trade practices.

Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices perpetrated on any consumer in Duval County during the conduct of any trade or commerce are hereby declared unlawful. Additionally and by way of example, a person engages in an unfair or deceptive trade practice, when, in the course of his or her commercial business, vocation or occupation, he or she:

(a)

Passes off goods or services as those of another.

(b)

Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services.

(c)

Causes likelihood of confusion or misunderstanding as to affiliation, connection or association with, or certification by another.

(d)

Uses deceptive representations or designations of geographic origin in connection with goods or services.

(e)

Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have.

(f)

Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.

(g)

Represents that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another.

(h)

Disparages the goods, services or business of another by false or misleading representation of fact.

(i)

Advertises goods or services with intent not to sell them as advertised.

(j)

Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

(k)

Makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of, price reductions.

(l)

Conveys a representation or causes an action, as it pertains to the sale or offering for sale of any automobile or other motorized or unmotorized vehicle, including boats and trailers, as described and listed in F.S. § 501.976.

(Ord. 69-208-157, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2005-1177-E, § 4)

Note— Former § 400.103.

Sec. 696.104. - Fake sale.

A person engages in a fake sale when, in the course of his business, vocation or occupation, he:

(a)

Sells goods or services at auction or otherwise to an agent or other person purchasing them on behalf of the owner or other person interested in the sale thereof.

(b)

Sells goods or services, or offers them for sale, in limited quantities of less than the full amount thereof carried in retail stock on the premises.

(c)

Sells or offers for sale goods or services of a different quality or brand or bearing a different trademark as a substitute for merchandise previously advertised for sale.

(d)

Sells or offers for sale goods or services misrepresented as to quantity, quality or brand.

(e)

Sells or offers for sale goods or services contingent upon the concurrent purchase or sale of other goods or services.

(Code 1965, § 6-42; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 400.104.

Sec. 696.105. - Exemption.

This chapter does not apply to:

(a)

Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency.

(b)

Publishers, broadcasters, printers or other persons engaged in the dissemination of information or reproduction of printed or pictorial matter, who publish, broadcast or reproduce material without knowledge of its deceptive character.

(Ord. 69-208-157, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 400.105.

Sec. 696.106. - Prior use of mark exempted.

Section 696.103(b) and (c) does not apply to the use of a service mark, trademark, certification mark, collective mark, trade name or other trade identification that was used and not abandoned before April 21, 1969, if the use was in good faith and is otherwise lawful except for the provisions of this chapter.

(Ord. 69-208-157, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 400.106.

Sec. 696.107. - Penalty.

It shall be unlawful and a class D offense for a person to wilfully engage in an unfair or deceptive trade practice or to conduct or advertise at retail a fake sale.

(Code 1965, § 6-43; Ord. 69-208-157, §§ 1, 3; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2005-1177-E, § 5)

Note— Former § 400.107.

Sec. 696.108. - Liberality of interpretation.

This chapter shall be liberally construed to effectuate its general purpose to end unfair and deceptive trade practices. It is the intent of the Council that, in enforcing the provisions of this Chapter, due consideration and great weight be given to the interpretations of the Federal Trade Commission and the federal courts relating to Section 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. § 45 (a)(1), as of the enactment date of this legislation.

(Ord. 69-208-157, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2005-1177-E, § 6)

Note— Former § 400.108.

Sec. 696.109. - Enforcement responsibility.

The Chief of Consumer Affairs shall be responsible for the enforcement of this chapter. Upon receiving information constituting probable cause that a person has or may have violated, or may be violating this chapter, the Chief of Consumer Affairs shall conduct or cause to be conducted an investigation to determine whether an unfair or deceptive trade practice has, in fact, been committed. If the Chief finds that an unfair or deceptive trade practice has been committed and is continuing, the Chief may enter an order requiring the person to cease and desist from the practice. The Chief of Consumer Affairs may request the Office of General Counsel to bring an action in the appropriate court to enforce the order. The Chief or his or her designee may also issue citations pursuant to Chapter 609, Ordinance Code. The filing of a complaint with the Chief of Consumer Affairs shall not preclude the State Attorney from proceeding with a prosecution in the County Court for a violation of this chapter.

(Ord. 69-208-157, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 74-480-272, § 2; Ord. 83-591-400, § 1; Ord. 2005-1177-E, § 7)

Note— Former § 400.109.

Chapter 702 - COMPREHENSIVE VICTIM ASSISTANCE PROGRAM[1]

Footnotes: --- (1) ---

State Law reference— Victim assistance, F.S. Ch. 960.

Sec. 702.101. - Establishment.

The Comprehensive Victim Assistance Program (hereinafter referred to as the program) is established within the Recreation and Parks Department.

(Ord. 81-651-292, § 2; Ord. 83-591-400, § 1; Ord. 2011-732-E)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 401.101.

Sec. 702.102. - Purpose.

The purpose of the program is to reduce the trauma of victimization arising from or in connection with crime or suspected crime and to restore the victim to his or her former state as well as to assist witnesses to crime or suspected crime. More specifically, the objectives of the program shall include the following:

(a)

To increase victim access to counseling and other financial and service resources.

(b)

To facilitate victim understanding of the law enforcement and criminal justice process.

(c)

To produce greater law enforcement and criminal justice responsiveness to victim needs.

(d)

To educate the victim about future crime prevention.

In addition, the objectives shall be applicable to the assistance of witnesses to crimes or suspected crimes.

(Ord. 81-651-292, § 2; Ord. 83-591-400, § 1)

Note— Former § 401.102.

Sec. 702.103. - Assistance services.

The assistance services which may be provided by or through the direct services or referral services of the program shall be of the general types and nature as follows:

(a)

Emergency services: medical care; shelter and food; security repair; financial assistance.

(b)

Counseling: 24-hour hotline; crisis intervention; follow-up counseling.

(c)

Police-related services: checking investigation status; property return; escort to station and moral support.

(d)

Other direct services: insurance claims assistance; assistance with offender restitution; assistance with victim compensation; witness fee assistance.

(e)

Court-related services: witness reception; orientation to court procedures; preparation for testimony; legal or paralegal counsel; notification of witness alert; transportation to court; child care; escort service to court and moral support; employer intervention; victim and witness protection.

(Ord. 81-651-292, § 2; Ord. 83-591-400, § 1)

Note— Former § 401.103.

Sec. 702.104. - Agency cooperation.

The program shall be conducted in such manner as to produce cooperation and coordination with federal, State and local governmental agencies and community organizations, and all City agencies shall cooperate and coordinate with the program, in order to attain the purpose of utilizing existing resources to the maximum extent and not causing conflicting or unnecessary duplication thereof.

(Ord. 81-651-292, § 2; Ord. 83-591-400, § 1)

Note— Former § 401.104.

Chapter 704 - WEIGHTS AND MEASURES[1]

Footnotes: --- (1) ---

Editor's note— The provisions of former Chapter 704, relative to weights and measures, were reduced to the provisions contained in Section 704.101 as part of the Super Supplement to the Code. Former Chapter 704 derived from Code 1965, §§ 43-1, 43-4, 43-5, 43-8—43-29, 43-32, 43-36, 43-40; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-1312-539, § 1; Ord. 83-591-400, § 1.

Note— Former §§ 402.101—402.129, 402.131—402.133.

Sec. 704.101. - Compliance with statute.

It is unlawful for any person to violate any of the provisions of F.S. Ch. 531.

Sec. 685.104. - Prohibited Activities for Sexual Offenders and Sexual Predators; Exceptions. TITLE XXI - PUBLIC WORKS AND UTILITIES