§ 46-940. Permitting and fees.

(a)

Permit required. No person shall conduct or operate a simulated gambling facility (facility) in the City of Quincy without having first obtained a permit from the city manager for each facility. Each permit is valid only for the operator and the facility named in the permit. Each permit is valid for one year. No permit shall be assignable or transferable, either as to person, operator, facility, or location.

(b)

Initial permits. Within 60 days of enactment of this article, all current operators who have been operating a simulated gambling facility on March 8, 2011 and which are subject to this article, and which apply for, facially qualify for, and pay required fees for a permit, shall be granted a permit for the facility as provided for in this section. Each such operator shall, in addition to the requirements set forth herein as part of the application, provide proof satisfactory to the city manager that the operator was lawfully operating a simulated gambling facility, as of March 8, 2011, which such evidence may include a current and valid lease, rental agreement, purchase and sale contract, bill of sale or receipt indicating the purchase, lease or use of electronic equipment for that particular facility, or other certificates, permits, licenses, receipts or filings issued by the federal, state or local government indicating proof of the uses contemplated by this article.

(c)

Permits limited. Unless greater than ten permits have been issued as provided for in subsection (b) above, the city manager shall limit the total number of permits issued pursuant to this section to ten. After the permits authorized by subsection (b) are issued, no permits for new businesses shall be issued unless the issuance of the permit will not cause the total number of permits issued to exceed ten permits. All qualifying operators who receive an initial permit as provided for in subsection (b) shall be entitled to renew their permit if they otherwise qualify and pay required fees.

(d)

Application materials required for permit.

(1)

Applicant shall file with the city manager the following materials:

a.

A copy of applicant's proposed rules governing the drawing by chance, sweepstakes or game promotion which includes the odds of winning and the prize table;

b.

For a sweepstakes or game promotion operating pursuant to F.S. § 849.094, a copy of applicant's certification of a bond or trust account provided to the Florida Department of Agriculture and Consumer Services, regardless of aggregate prize amount; nonprofit organizations operating pursuant to F.S. § 849.0935, are exempt from this provision.

c.

A complete list of all products and services offered and the prices charged therefor;

d.

For every principal, officer, shareholder, and director of the operator, a fingerprint card and letter certifying the results of a criminal background check generated by the Quincy Police Department or Florida Department of Law Enforcement; and

e.

A certification that the computer software that is used by the operator to conduct a drawing by chance or game promotion in connection with the sale of a consumer product or service has been tested by an independent testing laboratory that has verified that it is not a slot machine as defined by Florida law.

(2)

Applicant shall provide a sworn affidavit containing the following:

a.

The identity of the applicant and if the applicant is:

1.

An individual, his name, residence address, and date of birth;

2.

An unincorporated organization, the names, dates of birth, and residence addresses of its principals; or

3.

A corporation, the corporate name, state of incorporation and the names, dates of birth, and residence addresses of its principal officers, directors, and shareholders; or

4.

A limited liability company, the company name, state of incorporation and the names, dates of birth, and residence addresses of its members and managers;

b.

A description, including the number of pieces, of the electronic equipment;

c.

A statement of whether any of the individuals listed has, within the seven-year period immediately preceding the date of the application, been convicted of any felony under the laws of Florida, the United States, or any other state, and, if so, the particular criminal act involved and the place of conviction;

d.

The street address of the simulated gambling facility;

e.

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

f.

The name and address of an individual in Quincy who is authorized to receive notices from the city;

g.

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 permit or, if it has been issued, in the suspension or revocation of the permit; and

(3)

Applicant shall file with city manager the following:

a.

A copy of the sworn affidavit described in subsection (2) above;

b.

A complete list of all products and services offered and the prices charged therefor;

c.

A verification that the prices charged for the products and/or services constitute a reasonable market value; and

d.

A copy of the certification report issued by an independent testing laboratory that describes and verifies the manner in which the software works.

(e)

Application fee. Each applicant shall remit a nonrefundable application fee of $500.00. This fee shall pay for the time and expense of the city manager in regulating and enforcing the provisions herein, reviewing and ruling on the application, and issuing the permit.

(f)

Review of application.

(1)

Duration of review. Within 60 days of receipt of an applicant's completed permit application, the city manager shall grant or deny the application. If any principal, officer, shareholder or director of the operator has a pending criminal case for an enumerated crime the city manager may delay its grant or denial of the permit until 60 days after the final judgment.

(2)

Eligibility of applicant. An applicant is ineligible for a permit if:

a.

Within five years of the date of the application, applicant has been convicted of any felony under the laws of Florida, the United States, or any other state unless said violation would not constitute a crime in Florida;

b.

Within three years of the date of the application, has had a permit under this article revoked or been convicted for a violation of this article;

c.

The prices to be charged for the product(s) or service(s) offered, as listed on the permit application, do not constitute a reasonable market value; or

d.

The application materials are incomplete or untruthful; the city manager shall deny the permit for any of the above reasons. If an applicant satisfies all permit filing requirements and is not ineligible, the city manager shall approve the application.

(g)

Denial of permit. An applicant whose permit application is denied may reapply at any time by completing all steps of the application procedure, including payment of a new application fee.

(h)

Permit fees. The permit fee for simulated gambling facility shall be in accordance with the following schedule:

(1)

1 to 20 devices—$2,500.00

(2)

21 to 40 devices—$5,000.00

(3)

41 to 60 devices—$7,500.00

(4)

61 to 80 devices—$10,000.00

(5)

81 to 100 devices—$12,500.00

(i)

Inspection fee. $50.00 per simulated gambling device will be accessed annually.

(j)

Renewal of existing permit. Existing permits shall be renewed upon compliance with this article, notwithstanding the total number of permits issued. The permit holder shall apply for the renewal permit no later than 60 days and no sooner than 120 days before the expiration of the current permit. The renewal permit application shall include all the materials and the application fee required for the issuance of an original permit, and shall include evidence of current lawfully existing operations consistent with the requirements of this article. Renewal permit applications shall be processed using the same procedure and standards as required for review of an original permit application but shall be processed within 30 days. Upon approval, renewal permit applicants shall pay the same fees as set forth in subsection (8) above and said renewals shall be deemed denied if an eligible applicant fails to pay these fees on or before the thirtieth day after approval, availability, and notice of the permit authorization.

(k)

Lost or destroyed permit. The fee for a replacement permit shall be $50.00.

(l)

Revocation of permit. The city manager may revoke a permit for violation of any provision of this article or due to a permit holder's cessation of the use of simulated gambling devices during its normal business hours for at least 14 consecutive days. Prior to revocation, the city manager shall provide to the permit holder, through their individual in Quincy authorized to accept notices from the county, the following:

(1)

A written notice of intent to revoke the permit,

(2)

A 14 calendar day opportunity to cure the alleged violation, and

(3)

An opportunity to be heard prior to revocation.

Revocation shall not take place before 21 days after receipt of a notice of revocation is delivered to the permit holder and opportunities to cure and to be heard are provided. The decision to revoke a permit shall be considered nonfinal agency action subject to appellate review by the code enforcement board ("CEB"). The decision of the CEB shall constitute final agency action subject to judicial review. Any appeal of a revocation decision shall be made within 15 calendar days of receipt of a notice of revocation by filing a written notice of appeal with the board of adjustment and appeals, along with an appeal fee of $150.00. Failure to file written notice of appeal and appeal fee within the prescribed time period constitutes a waiver of the right to appeal.

(Ord. No. 1040-2011, 10-11-11)