ENFORCEMENT

Jacksonville Ordinance Code tit. XX, ch. 692, pt. 4

in effect

Jacksonville Ordinance Code § 692.401 Conduct of bingo or lease of premises for bingo without license unlawful.

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)

Jacksonville Ordinance Code § 692.402 Admission of or participation by minors unlawful.

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)

Jacksonville Ordinance Code § 692.403 Enticements or inducements to play bingo.

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)

Jacksonville Ordinance Code § 692.404 Tampering with notices, etc.

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)

Jacksonville Ordinance Code § 692.405 False statement prohibited.

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)

Jacksonville Ordinance Code § 692.406 Unlawful reproduction or alteration of documents.

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)

Jacksonville Ordinance Code § 692.407 Confiscation of bingo equipment authorized.

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)

Jacksonville Ordinance Code § 692.408 Procedure for disposition of bingo equipment.

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)

Jacksonville Ordinance Code § 692.409 Confiscation of money and other things of value.

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)

Jacksonville Ordinance Code § 692.410 Certain premises declared nuisances.

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)

Jacksonville Ordinance Code § 692.411 Immunity from liability.

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)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXXPUWECOPR_CH692BI_PT4ENFetched: 10/27/2026