Sec. 10-81. - Conduct of bingo or instant bingo or lease of premises for bingo or instant bingo without license unlawful.

It shall be unlawful for a person or charitable organization, authorized organization or associational group or organization to conduct bingo or instant bingo or to lease or rent premises for the conduct of bingo or instant bingo unless the person or organization shall have a valid license of the proper classification therefore under this article, which license shall not be under suspension or permanently or conditionally revoked. The use by the holder of a class B license of a concessionaire shall not preclude those persons attending a bingo or instant bingo game from providing their own food or nonalcoholic beverage.

(Code 1970, § 16½-104; Ord. No. 92-15, § 24, 10-27-92; Ord. No. 08-40, § 1, 9-23-08)

Sec. 10-82. - Required; temporary license.

(a)

No person or nonprofit charitable organization or associational group or organization may:

(1)

Conduct a bingo or instant bingo game or a series of bingo games as a nonprofit charitable organization, authorized organization or associational group or organization without a license;

(2)

Lease any premises of any type for the conduct of bingo or instant bingo as a lessor, unless in either case the person or organization is the holder of an annual license as required by this division;

(3)

Engage in the conduct of bingo or rent premises to any person to conduct bingo or instant bingo games within the county unless a license has first been obtained pursuant to this division;

(4)

Lease any premises owned or leased by it to another for the purpose of playing or conducting bingo or instant bingo unless the licensed organization that owns or leases the premises has obtained a class B license required by this division to engage in leasing such premises; or

(5)

With more than one branch chapter, lodge, agency or other unit within the county, permit such branch, chapter, lodge, agency or other unit to engage in conducting bingo or instant bingo games or leasing premises until each individual branch, chapter, lodge, agency or other unit has filed a separate application for a license and agreed to conform to all sections in this article and to F.S. § 849.0931.

(b)

In addition to the other requirements set forth in this section, an authorized organization, associational group or organization, charitable organization or lessor may only obtain a license when such entity or person can demonstrate that such person or organization has been a resident of the county for the last three years, that such person or organization will not distribute their own bingo or instant bingo supplies and that such person or organization agrees to conform to all sections of this article. Within this subsection, the term "resident of the county" means active continuous residing or activity in business for a period of three years.

(c)

Upon submittal of an application that is complete in all respects, a temporary license may be issued to the applicant. The temporary license shall only be good for a period of 60 days or less and shall expire either automatically at the end of such 60-day period or at the time the county administrator or his designee places in the mail a notice of denial of the application for an annual license. Only one temporary license may be issued to any applicant. Where the completed application discloses that the applicant has previously been convicted of the crimes or offenses outlined in section 10-86 or that the applicant has previously had a license or permit revoked or suspended in any city, county or state, a temporary license may not be issued.

(Code 1970, § 16½-85; Ord. No. 92-15, § 5, 10-27-92; Ord. No. 93-02, § 1, 1-5-93; Ord. No. 93-18, §§ 6, 9, 6-8-93; Ord. No. 08-40, § 1, 9-23-08)

Sec. 10-83. - Classifications.

Licenses required under this division shall be issued under the following classifications:

(1)

A class A license shall be issued to a charitable organization conducting bingo or instant bingo pursuant to F.S. § 849.0931(2). Where a charitable organization has more than one branch, chapter, lodge, agency or other local unit within the county, it shall make separate application for a class A license for each branch, chapter, lodge, agency or local unit within the county which intends to conduct bingo or instant bingo, each of which, if granted a license, shall be a licensed charitable organization subject to the limitation contained in F.S. § 849.0931(5), (6), (7), (8), (9), (10), (11) and (12), as well as any additional requirements and limitations set forth in this article at any licensed location within the county owned or leased by the licensed organization pursuant to this article, as long as the license for the licensed organization remains valid and effective. A class A license authorizes the licensed charitable organization to conduct bingo or instant bingo pursuant to this article; 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 article or not, for the purpose of conducting bingo or instant bingo. The licensed organization shall utilize its identified volunteers to conduct the bingo or instant bingo game. Bingo may not be conducted on any more than a two-day period in any one week. No payment of compensation or tipping shall occur during, before or after the conduct of bingo or instant bingo.

(2)

A class A license shall be issued to an authorized organization conducting bingo or instant bingo pursuant to F.S. § 849.0931. Where an authorized organization has more than one branch, chapter, lodge, agency or other local unit within the county, it shall make separate application for a class A license for each branch, chapter, lodge, agency or local unit within the county which intends to conduct bingo or instant bingo, each of which, if granted a license, shall be a licensed organization. Such licensed organization shall also be subject to the limitation contained in F.S. § 849.0931(5), (6), (7), (8), (9), (10), (11) and (12), in addition to any other limitations and requirements set forth in this article at any licensed location within the county owned or leased by the licensed organization pursuant to this article, as long as the license for the licensed organization remains valid and effective. A class A license authorizes the licensed organization to conduct bingo or instant bingo pursuant to this article; 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 article or not, for the purpose of conducting bingo or instant bingo. An authorized organization must use its identified volunteers to conduct the bingo game. No payment of compensation or tipping shall occur before, during or after bingo or instant bingo.

(3)

A class A license shall be issued to an associational group or organization that conducts bingo pursuant to F.S. § 849.0931(4). Such licensed organization shall be subject to the further requirements set forth in F.S. § 849.0931(5), (6), (7), (8), (9), (10), (11) and (12), in addition to any other limitations and requirements set forth in this article. A class A license only authorizes the associational group or organization to conduct bingo pursuant to this article. It does not authorize such licensed organization to lease any premises owned or used by it to any other person or organization. Wherever used in this section, the premises to be used by an associational group or organization shall be such premises as are identified in F.S. § 849.0931(11)(e).

(4)

A class B 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 county which it wishes to lease to licensed organizations holding valid and effective class A licenses, it shall make separate applications for a class B permit for each premises at which bingo or instant bingo may be conducted. A class B license only authorizes the licensed organization to lease each licensed premises owned or leased by it to licensed organizations for the purpose of conducting bingo or instant bingo; it does not authorize the licensed organization to conduct bingo or instant bingo. A licensed organization holding a class A license may also hold a class B license.

(Code 1970, § 16½-86; Ord. No. 92-15, § 6, 10-27-92; Ord. No. 93-18, § 10, 6-8-93; Ord. No. 08-40, § 1, 9-23-08)

Sec. 10-84. - Application; fee.

(a)

A lessor or charitable organization, authorized organization or associational group or organization desiring to obtain a license under this division shall file with the county administrator or his designee a sworn application on forms supplied by the county administrator. The representative of the lessor or a charitable organization, authorized organization or associational group or organization shall file the application and execute the oath. The application shall contain at least the following information:

(1)

If the applicant is:

a.

An individual, his name, residence address, date of birth and social security number.

b.

An unincorporated organization, its full name and the names, dates of birth, social security numbers and residence addresses of its principal officers.

c.

A corporation, the exact corporate name and state of incorporation and the names, dates of birth, social security numbers and residence addresses of its principal officers and board of directors.

(2)

The representative's full name, date of birth, social security number 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, been convicted of any violation involving a theft or illegal gambling or of any felony under the laws of the state, the United States or any other state or has been convicted of any violation or similar violation involving a theft or illegal gambling or any felony or crime of equal nature under the laws of any foreign nation.

(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 article or a license issued by any other jurisdiction revoked or suspended and, if so, the date of each revocation or suspension.

(6)

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

(7)

The name of each bank in which the net proceeds from the conduct of bingo or instant bingo or fees from the lease of any premises for the conduct of bingo or instant 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:

a.

A class A license:

1.

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

2.

The applicant's current 501(c) exemption of the Internal Revenue Code of 1954 or current exemption certificate issued under section 528 of the Internal Revenue Code of 1986, as amended.

3.

If the applicant is a corporation, the applicant's nonprofit charter or if not a corporation such other documentation as will demonstrate the nonprofit charitable purpose of the applicant. If such information is not satisfactory to the county administrator or his designee, he may request the applicant to produce other evidence such as will confirm the nonprofit charitable status of the applicant to the county administrator or his designee.

4.

The days of the week on which bingo or instant bingo games are to be conducted, and which for any applicant shall not exceed two days per week for bingo games.

5.

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

6.

At the time of renewal and every renewal thereafter, a financial statement in the form prescribed by the county, containing the sources and amount of the gross revenue derived by the applicant from the conduct of bingo and/or instant bingo during the 12-month period 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, together with executed receipts signed by each distributee acknowledging receipt of the funds, which statement must be certified as correct by a principal officer, one of the partners or any similar principal, but need not be audited.

7.

Execute a form authorization authorizing the sheriff or his designee to inspect all books or other records of the applicant within 24 hours of any bingo or instant bingo game.

8.

Contain a list of volunteers to be used by the charitable organization. The volunteers set forth on the list must be bona fide members of the charitable organization and must have been members for at least 30 days prior to being listed and participate in other meaningful activities of the organization other than bingo or instant bingo. The applicant shall execute a form agreeing to update such list any time changes are made. Such list shall at all times only contain the names of volunteers who meet the membership requirements set forth in this subsection.

b.

A class B license:

1.

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

2.

If the applicant is not the owner of the premises, a statement that the premises are 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 time period shall not be less than the time period prescribed in F.S. § 849.0931(11)(C).

3.

If the applicant is leasing premises from another nonprofit organization qualified under this article, the class and date of issuance of the license held by the other organization.

4.

Attached fully executed copies of any rental agreements, leases or subleases existing or proposed involving the premises sought to be used by the applicant and an executed form whereby the applicant agrees to submit a copy of any lease, sublease or rental agreement the applicant enters into during the time the license is in effect.

5.

At the time of renewal and every renewal thereafter, a financial statement in the form prescribed by the county containing the sources and amount of the applicant's gross revenue during the 12-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 any similar principal, but need not be audited.

(10)

If the applicant is a partnership, corporation or unincorporated organization, the application, in addition to other documentation required in this section, will be accompanied by the following additional documents:

a.

If the applicant is a partnership, an executed copy of the partnership instrument.

b.

If the applicant is a corporation, the articles of incorporation with all amendments thereto and the charter issued by the secretary of state.

c.

If the applicant is an unincorporated organization, the constitution and bylaws of the organization.

(11)

Such other documentation related to the application as the county administrator or his designee may require, which documentation shall be in addition to the items set forth in this section and shall be directed toward completing a full disclosure of all items mentioned in this section.

(12)

A notarized statement certifying that all information on the application and any submittals or 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)

Each application shall be accompanied by a nonrefundable fee of $50.00.

(Code 1970, § 16½-88; Ord. No. 92-15, § 8, 10-27-92; Ord. No. 93-08, § 2, 4-6-93; Ord. No. 93-18, § 8, 6-8-93; Ord. No. 06-07, § 5, 2-28-06; Ord. No. 08-40, § 1, 9-23-08)

Sec. 10-85. - Investigation.

Upon receipt of a properly completed and filed application for a license as required by this division and upon payment of the application fee, the county administrator or his designee shall refer the complete application to the sheriff for investigation. The sheriff shall perform such investigation as will permit the sheriff to report on the eligibility of the applicant to be issued a license. The sheriff may request the assistance of other county agencies, and they shall provide such information and assistance as the sheriff deems necessary.

(Code 1970, § 16½-89; Ord. No. 92-15, § 9, 10-27-92; Ord. No. 93-08, § 3, 4-6-93; Ord. No. 08-40, § 1, 9-23-08)

Sec. 10-86. - Disqualification.

No license required by this division shall be issued to the following:

(1)

A lessor, charitable organization, authorized organization or associational group or organization if the representative or any principal officer thereof has, within five years of the date of the application, been convicted of any violation involving a theft or illegal gambling or any felony under the laws of this state, any other state or the United States or convicted of any violation or similar violation involving a theft or illegal gambling or any felony or crime of equal nature under the laws of any foreign nation.

(2)

A lessor 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 holds a valid certificate of exemption issued pursuant to section 501(c) of the Internal Revenue Code of 1954 or a similar exemption issued pursuant to section 528 of the Internal Revenue Code of 1986. Such exemption certificate must be displayed at the time of license application.

(4)

An authorized organization, unless at the time it files an application it holds a valid certificate of exemption issued pursuant to section 501(c) of the Internal Revenue Code of 1954 or a similar exemption certificate issued pursuant to section 528 of the Internal Revenue Code of 1986, and it also submits its nonprofit articles of incorporation and charter or similar documents to demonstrate its nonprofit status and provides evidence in the form of a corporate charter, partnership agreement or similar documentation satisfactory to the county administrator that it has been in existence for a period of at least three years.

(5)

A lessor whose license under this article has previously been revoked, unless in each case the board of county commissioners shall specifically authorize the issuance of the license after it becomes satisfied that the reason for revocation has been corrected and steps have been taken to ensure that such problem will not arise in the future.

(6)

Use a computerized bingo card or conduct a computer bingo game.

(Code 1970, § 16½-87; Ord. No. 92-15, § 7, 10-27-92; Ord. No. 93-12, § 1, 4-20-93; Ord. No. 93-18, § 7, 6-8-93; Ord. No. 08-40, § 1, 9-23-08)

Sec. 10-87. - Issuance; denial.

(a)

Upon completion of any investigation of an application for a license required under this division, the sheriff shall, within seven days following such investigation or if the sheriff determines that information provided is sufficient to prepare a report within seven days following receipt of the application, prepare a report containing his findings and recommendation and forward the application and report back to the county administrator or his designee. Where the report prepared by the sheriff indicates that corrective or remedial action by the applicant may cause the sheriff to revise his report and change his recommendation, the sheriff prior to forwarding such application and report shall notify the applicant of his findings and afford the applicant 14 days in which to accomplish such corrective or remedial steps that will enable the sheriff to revise his report to one of approval. At the end of such 14-day period the sheriff shall refer such application together with a report or revised report back to the county administrator or his designee for action to approve or disapprove the application. The county administrator or his designee shall, within five days of receipt of any application and report of the sheriff, either approve or disapprove the application. If approved, the license fee provided for in section 10-88 shall be remitted to the county administrator or his designee prior to the license being issued.

(b)

If the application is disapproved, any temporary license previously issued to the applicant shall terminate on the date the county administrator or his designee deposits in the mail the notice of the disapproval and the reasons therefore, which notice shall also indicate that the temporary license has expired.

(c)

Any applicant who receives a notice of disapproval and termination of the temporary license shall have the right to appeal such denial.

(Code 1970, § 16½-90; Ord. No. 92-15, § 10, 10-27-92; Ord. No. 93-08, § 4, 4-6-93; Ord. No. 93-18, § 5, 6-8-93; Ord. No. 08-40, § 1, 9-23-08)

Sec. 10-88. - Fees.

(a)

There are imposed the following annual license fees under this division:

(1)

Class A license, $50.00.

(2)

Class B license, $50.00.

(b)

The fees collected under this division are fees paid for the purpose of examination and inspection of charitable organizations, authorized organizations, associational groups or organizations, lessors and premises under this article and are declared to be regulatory fees in addition to and not in lieu of the occupational license taxes that may be required by the county. The payment of such license fees shall not relieve the charitable organization, authorized organization, associational group or organization or lessor or any other person of liability for and the responsibility of paying an occupational license tax where it is required and for doing such acts and providing such information as may be required by chapter 102, article II, pertaining to occupational licenses.

(Code 1970, § 16½-97; Ord. No. 92-15, § 17, 10-27-92; Ord. No. 08-40, § 1, 9-23-08)

Sec. 10-89. - Amendment of application.

(a)

At any time after the application for a license required by this division 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:

(1)

Any of the principal officers change, which shall require the filing of the information required by subsections 10-84(a)(2), (3) and (4), as appropriate, with respect to the new principal officer.

(2)

The representative changes, which shall require the filing of the information required by subsection 10-84(a), as appropriate, with respect to the new representative.

(3)

The structure or purpose of the organization changes, which shall require the filing of the information required by subsection 10-84(a)(9)a. or (a)(9)b., with respect to such matters.

(b)

In each instance of the filing of an amendment under this section, such amendment shall be referred to the sheriff and 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 division. Section 10-87 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 county administrator or his designee of the amendment shall subject the license to the possibility of suspension or revocation as provided in section 10-93. No amendment may be filed if the effect of approval thereof by the county administrator or his designee would be to make the applicant eligible to hold a license of a classification other than that for which the application was originally filed or where the amendment would create a licensed situation inconsistent with the intent of this article. An amendment of the application need not be filed in any instance where notification to the county administrator or his designee is sufficient.

(Code 1970, § 16½-91; Ord. No. 92-15, § 11, 10-27-92; Ord. No. 93-08, § 5, 4-6-93; Ord. No. 08-40, § 1, 9-23-08)

Sec. 10-90. - Transferability.

A license issued under this division shall be nontransferable from one charitable organization, authorized organization, associational group or organization or lessor to another. This shall not be construed to prevent an organization or lessor from changing the name set forth in the original application; however, an amendment to the original application for the license shall be filed with the sheriff, as provided in section 10-89.

(Code 1970, § 16½-92; Ord. No. 92-15, § 12, 10-27-92; Ord. No. 08-40, § 1, 9-23-08)

Sec. 10-91. - Terms; renewals.

(a)

All licenses issued under this division, except new licenses, shall be annual licenses which shall expire on September 30 next following. However, when the sheriff is investigating the continued eligibility of a charitable organization, authorized organization, associational group or organization or lessor as provided in subsection (b) of this section, a license which was presented to the county administrator or his designee as required by subsection (b) of this section on or before September 30 shall not expire until the decision by the county administrator or his designee under subsection (b) of this section is final. A charitable organization, authorized organization, associational group or organization or lessor obtaining a new license after October 1 and before April 1 may do so upon application and the payment of the appropriate license fee, and such license shall expire on the following September 30. A charitable organization, authorized organization, associational group or organization or lessor obtaining a new license after March 31 and before October 1 may do so upon application and the payment of one-half of the appropriate license fee, and such license shall expire on September 30 of the same year.

(b)

A charitable organization, authorized organization, associational group or organization or lessor shall be entitled to a renewal of the 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 county administrator as provided in this subsection, to the county administrator or his designee and by paying the appropriate license fee. Before a license may be renewed, the charitable organization, authorized organization, associational group or organization or lessor shall present the license or evidence of the loss or destruction of the license, as the case may be, to the county administrator or his designee, together with such evidence of the charitable organization's, authorized organization's, associational group's or organization's or lessor's continued eligibility to hold the license as may be required by the county administrator or his designee. It shall not be necessary for a charitable organization, authorized organization, associational group or organization or lessor holding a valid and effective license issued under this division to file a new application to renew the license or to pay any additional application fee. Renewal of a license shall not be as a matter of course or of right, and the county administrator through the sheriff may conduct such investigation of the charitable organization's, authorized organization's, associational group's or organization's or lessor's continued eligibility as he deems necessary. If the county administrator or his designee is satisfied as to the charitable organization's, authorized organization's, associational group's or organization'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 county administrator or his designee is not satisfied as to the continued eligibility of the charitable organization, authorized organization, associational group or organization or lessor, he shall proceed as provided in subsection 10-87(b) as for denial of a license.

(Code 1970, § 16½-94; Ord. No. 92-15, § 14, 10-27-92; Ord. No. 93-08, § 6, 4-6-93; Ord. No. 08-40, § 1, 9-23-08)

Sec. 10-92. - Display; mutilation prohibited.

Each charitable organization, authorized organization, associational group or organization and lessor licensed under this division shall display the license in a conspicuous place on the premises where bingo or instant bingo games are conducted or on the premises leased for the conduct of bingo or instant bingo games, in a transparent cover or frame. The license shall be available for inspection at all times by persons using the premises when bingo or instant bingo games are in progress. No person shall mutilate, cover, obstruct or remove a license so displayed.

(Code 1970, § 16½-93; Ord. No. 92-15, § 13, 10-27-92; Ord. No. 08-40, § 1, 9-23-08)

Sec. 10-93. - Suspension and revocation.

(a)

The county administrator or his designee, subject to a right of appeal to the board of county commissioners, is authorized to suspend or revoke a license issued under this division when he determines, upon sufficient cause that:

(1)

For a charitable organization, associational group or organization or authorized organization, the charitable organization, associational group or organization or authorized organization:

a.

Or its representatives or its principal officers, servants, employees, members or volunteers, while conducting or assisting in the conduct of a bingo or instant bingo game, gave, offered or distributed any service or thing of value to encourage or entice participation in the play of any bingo or instant bingo game, contrary to subsection 10-62(2).

b.

Permitted its name to be used in connection with a bingo or instant bingo game that is conducted by any other person, contrary to section 10-64, or acquiesced in such use.

c.

Permitted its representative to conduct a bingo or instant bingo game on its behalf, contrary to any of the conditions of play stated in section 10-62, or acquiesced in such conduct.

d.

Required or permitted any person or volunteer who has not been an active member of the charitable organization, authorized organization or associational group or organization for a period of at least 30 days and who has participated in other meaningful activities of the organization other than bingo or instant bingo prior to this appointment or designation to act or serve as its representative or to conduct bingo or instant bingo.

e.

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

f.

Failed or refused to maintain the records or make the reports required by this article or by the sheriff pursuant to this article.

g.

Failed or refused to make records available on demand by the sheriff or his authorized representative as provided by subsection 10-64(c).

h.

Failed or refused to deposit the proceeds derived from the conduct of bingo or instant bingo into a separate bank account as required by subsection 10-64(b).

i.

Its representative or its principal officers, servants, employees, volunteers or members violated any rule of the county administrator or his designee made pursuant to the authority granted in section 10-54

(2)

For a lessor, the lessor:

a.

Conducted, assisted or participated in the conduct of bingo or instant 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 instant bingo or to any member or volunteer of a licensed charitable organization, authorized organization or associational group or organization contrary to subsection 10-65(b).

b.

Permitted any premises owned or controlled by the lessor to be used for the conduct of bingo or instant bingo contrary to any of the conditions stated in section 10-68

c.

Failed or refused to maintain the records or to make the reports required by this article or by the sheriff pursuant to this article.

d.

Failed or refused to make records available on demand by the sheriff or his authorized representative as provided by subsection 10-65(d).

e.

Or its principal officers, servants, employees or agents violated any rule of the county administrator or his designee made pursuant to the authority granted in section 10-54

(b)

Before the county administrator or his designee suspends or revokes a license, he shall furnish the charitable organization, authorized organization, associational group or organization or lessor a written statement, by certified or registered mail or by personal service, of the cause for the suspension or revocation. The charitable organization, authorized organization, associational group or organization 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 county administrator or his designee shall proceed to suspend or revoke the license without further proceedings. If a hearing is requested, the charitable organization, authorized organization, associational group or organization or lessor shall be entitled to produce witnesses, cross examine witnesses and be represented by counsel. After the hearing, the county administrator or his designee shall make the decision and notify the charitable organization, authorized organization, associational group or organization or lessor thereof by certified or registered mail or by personal delivery.

(c)

In his order suspending or revoking a license, the county administrator or his designee 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 county administrator or his designee in his discretion deems appropriate to implement the intent stated in section 10-53; however, such action by the county administrator or his designee shall be one that is consistent with section 10-94

(d)

The order of the county administrator or his designee suspending or revoking a license may be appealed to the board of county commissioners. Such appeal shall be initiated by the filing of a notice of appeal within 30 days of the date of the order. Such appeal shall be limited to the record made during the course of the hearing before the county administrator or his designee. An order suspending or revoking a license where no hearing was requested shall not be subject to the appeal granted in this subsection.

(Code 1970, § 16½-95; Ord. No. 92-15, § 15, 10-27-92; Ord. No. 93-12, § 2, 4-20-93; Ord. No. 95-12, § 4, 8-22-95; Ord. No. 06-07, § 6, 2-28-06; Ord. No. 08-40, § 1, 9-23-08)

Sec. 10-94. - Minimum periods of revocation.

(a)

Whenever the county administrator or his designee revokes the license of a charitable organization, authorized organization, associational group or organization or lessor under this division:

(1)

For any reason stated in subsection 10-93(a)(1)e., (a)(1)f., (a)(1)i. or (a)(2)f., the revocation shall be effective for a minimum period of one year from the date of revocation.

(2)

For any of the reasons stated in subsection 10-93(a)(1)a., (a)(1)b. or (a)(2)a., the revocation shall be effective for a minimum period of five years from the date of revocation.

(b)

In either case stated in subsection (a) of this section, the charitable organization, authorized organization, associational group or organization or lessor whose license has been revoked shall be ineligible to apply for the issuance of another license in either classification for at least the minimum period. The county administrator or his designee may not waive this section or reduce the minimum periods provided in subsection (a) of this section.

(Code 1970, § 16½-96; Ord. No. 92-15, § 16, 10-27-92; Ord. No. 93-12, § 3, 4-20-93; Ord. No. 08-40, § 1, 9-23-08)