City of Monroe, LA

Sec. 10.5-23. - Electronic video bingo machines.

(a)   Permitted at licensed locations. It shall be lawful for any bona fide nonprofit board, association, corporation or other organization domiciled in this state and qualified with the United States Internal Revenue Service for an exemption from federal income tax under section 501(c) (3), (4), (5), (6), (7), (8), (10) or (19) of the Internal Revenue Code of 1986 (as amended) or organizations authorized under LSA-R.S. 4:703, possessing a current, valid city and state bingo permit, to use electronic video bingo machine or machines authorized pursuant to LSA-R.S. 4:701 et seq. at licensed locations for electronic video bingo; and the leasing or placement of such machines from state approved (as defined below) distributors/suppliers shall also be lawful. Any state approved distributor/supplier of such equipment for use in the conduct of any games of chance authorized under this chapter and under the provisions of LSA- R.S. 4:726 shall submit a permit application to the office of the city clerk. "State approved" as used in this chapter shall mean a person or entity specifically licensed or otherwise approved by the state in accordance with LSA-R.S. 4:701 et seq.

(b)   Application for license.

(1)   Each state approved manufacturer or distributor, each organization or private contractor qualified to conduct games as authorized under this chapter, and each commercial lessor leasing a premise to a licensee for conducting such bingo, within the city shall apply for and obtain, on an annual basis, an electronic video bingo license (EVBL) from the city.

(2)   Every bona fide veteran's, charitable, educational, religious, or fraternal organization, civic, service club and carnival organization seeking an EVBL that desires to sponsor or conduct fund raising events using an electronic video bingo machine or machines shall apply for and obtain an EVBL from the city. Such application, shall be in the form prescribed by the office of city clerk, duly executed and verified, shall state the name and address of the applicant, together with such information required by LSA-R.S. 4:708, including but not limited to the place or places, the date or dates, and time or times when such electronic video bingo machine or machines are intended to be used by the applicant or operated by the EVBL, under the license applied for. The majority of the organization's charity work shall be done within the city.

(c)   Term of license or permit. EVBL's issued by the city shall be effective each year from the period of January 1 through December 31 of the same year. Fees for a partial calendar year shall not be prorated.

(d)   License processing fee.

(1)   An annual nonrefundable fee of two hundred fifty dollars ($250.00) shall be paid to the city to defray the costs of reviewing and processing an application for licensing a manufacturer, distributor, operator or commercial lessor.

(2)   EVBLs that seek a charitable organization permit shall pay a nonrefundable fee of ten dollars ($10.00). This fee shall be in addition to occupational license fees that may be owed the city.

(e)   Machine permit fee. An annual permit fee of ten dollars ($10.00) for each machine to be permitted shall be paid to the city and be included with the application or renewal application.

(f)   Quarterly statement. Not later than twenty (20) days after January 1, April 1, July 1, and October 1, of each year, each EVBL operator shall furnish the city sworn (notarized) and verified statement indicating total payment, cash or coins in, credits played, credits won and credits paid.

(g)   Maximum number of machines permitted. No one site used by a EVBL under this chapter shall have more than thirty-five (35) electronic video bingo machines in such licensed location.

(h)   Locations. The operation of electronic video bingo machines as authorized by this chapter shall not be allowed on any property zoned residential or in any location other than those specifically prescribed by the city zoning ordinances. Unless otherwise specified by the mayor and city council, the operation of any electronic video bingo machines by EVBL operators shall only occur on premises by licensed approved commercial lessors.

(i)    Commercial lessors. It shall be unlawful to have more than eight (8) licensed locations utilized by commercial lessors within the city. The site of the bingo hall currently operating at 3000 DeSiard Street, Monroe, Louisiana will be entitled to one commercial lessor license and WhiteCo Gaming LLC, having presented their letter of intent to apply for a commercial lessor license to the clerk of council of the city, will be entitled to two (2) commercial lessor licenses if an EVBL is sought by each lessor within sixty (60) days from the effective date of this section. Notwithstanding the initial limitation of eight (8) commercial lessor sites, the council, upon recommendation of the mayor, may allow additional locations if determined feasible from information submitted by the division of administration of the city.

(j)    Sessions. A session represents electronic video bingo games played within a time limit not to exceed six (6) hours within a minimum of twelve (12) hours between sessions. Sessions are limited to not more than one session per day per EVBL. No EVBL shall be permitted to operate electronic video bingo games for more than fifteen (15) days in any calendar month. Notwithstanding any provisions contained in any resolution to the contrary, all types of bingo sessions may be allowed to the extent and at the times allowed for electronic video bingo.

(k)   Net proceeds. For purpose of this chapter, the term "net win" shall mean the sum obtained by subtracting total coins in minus the total amount paid out on ticket vouchers tendered for cash money. Twenty (20) per cent of the net win from each electronic video bingo machine shall be paid as an assessment or tax owed the city. The tax or assessment owed to the city shall be determined on a monthly basis owed and becomes due on the first day of the month that follows the previous month of operations. Taxes or assessments that are not paid to the city by the fifth day of the month in which they become due shall incur a penalty of two (2) per cent per month until paid in.

(l)    General. Except as specifically provided with respect to electronic video bingo, other requirements and penalties relating to bingo, keno, and raffles shall apply to the operation of electronic video bingo machines. To the extent that any of this section is in conflict with any other section(s) of this chapter, the provisions of the section shall control.

(m)  Louisiana statutory provisions. Where any provisions hereof conflict with the provisions of LSA-R.S. 4:701 et seq., the applicable provisions of such state law (including provisions contained in the Louisiana Administrative Code promulgated pursuant thereto) shall govern. Each EVBL shall meet all requirements of state law regarding the state licensure of such EVBL, the operation of electronic bingo games and the use of electronic video bingo machines.

ORDINANCE INTRODUCED ON THE  28th      day of  May                , 2019.

NOTICE PUBLISHED on the  31st     day of  May            , 2019.

This Ordinance having been submitted in writing and was then submitted to a vote as a whole, the vote thereon being as follows:

            AYES:            Ezernack, Woods & Clark

            NAYS:            Echols

            ABSTAIN:     Wilson

            ABSENT:      None

            And the Ordinance was declared ADOPTED on the  11th     day of  June          , 2019.

                                                                                                 Gretchen H. Ezernack                       

                                                                                                CHAIRMAN

Carolus S. Riley                                 

CITY CLERK

James E. Mayo                                   

MAYOR’S APPROVAL

MAYOR’S VETO