Ord. No. 08-94-1557ORDINANCE NO.8-94-1557
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF !PHE CITY
OF SOOTH MIAMI,FLORIDA AMENDING SECTION 15-32,OF THE
CODE OR ORDINANCES,PROVIDING FOR GAMES OF CHANCE,TO
Alien CMigg OF CHANCE WHEN HELD ASA FUND RAISING EVENT
FOR NOT FOR PROFIT ORGANIZATIONS,ONETIMEAYEAR ONLY,
WHEN ISSUED A PERMIT BYTHECITY MANAGER;PROVIDING FOR
SEVEpyrrr.TTY?PROVIDING FOR ORDINANCES IN CONFLICT;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of South Miami enacted Section 15-32,
entitled Games of Chance,by Ordinance Number 297,on April 20,
1954?and,
WHEREAS,the ordinance prohibits not for profit organizations
from conducting games of chance in fund raising events;and,
WHEREAS,there are many worthwhile organizations within the
City of South Miami which are not for profit and which depend on
annual fund raising events in order to provide services to the
community;and,
WHEREAS,it is the desire oftheMayorand the City Commission
to allow these organizations to employ lawful games of chance
during annual fund raising events.
NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDCITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Section 15-32of the Code of Ordinances is
amended as follows:
Itshallbe unlawful foranypersoninthecityto
play or engage inanygameofcards,dice,roulette,
fare,bolita orany other game of chance,whether related
tothe above enumerated games or not,byany device
whatsoever,for money or other thing ofvalue.
Tt sjiall nor,he unlaw*"1 -or any not;for profit
n^m^inn that is current^pxempt from the Payment of
fPHor,i income taxeg to employ a game of chance in
connection,with a fund raising Rvent;provided,that (1)
t-ho ggffig of chance jg otherwi«g lawful under Florida and
ggderaj law:(2)the fnnH^raised by the event are
committed to a bona fide community facility or service?
13J the event occurs ngfc more than one time in any
r.iP^r year?and.f4>the n-rqanization applies for and
is ^mied a permit by tfae r.ltv Manager prior to the
event.
Section 2.If any section,clause,sentence,or phrase of
this ordinance is for any reason held invalid or unconstitutional
by a court of competent jurisdiction,the holding shall not affect
the validity of the remaining portions of this ordinance.
Section 3.All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 4.This ordinance shall take effect immediately at
~he time of its passage.
PASSED AND ADOPTED this 17 day of _5 /:!-
APPROVED:
city^gMrk
'iJL-
READ AND APPROVED AS TO FORM;
CITY ATTORNEY
'nwrtn^-nrtl
MAYOR
To:
From:
3
OXTY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Mayorand CityjCsmmission Date:April 23,1994
•4 -J/-<
Williamw/F.Hampton
City Manager
Re:5/3/94 Commission Agenda -
Item §3 Games of Chance
For Fund Raising -Non
profit Organizations
Background:
Non-profit organizations have traditionally employed games of
chanceforfundraisingevents.Theprofitsfromthis
activity are used to further services to the Community.The
existing City Code does not permit such activity.
Recommendation:
1.Advantageto Citv:Non-profit organizations willbe
abletosponsorgamesofchanceforannualfund
raising events.
Disadvantages to city:None
is SDonsoredThisResolution
Cunningham.
)V Commissioner
This Resolution amends Section 15-3 0of the City
Code.
WFH:er