Sec. 156.106. - Permitting and Fees.
(a) Permit Required. Every Operator using Electronic Equipment to conduct a drawing by chance conducted in connection with the sale of a consumer product or service, sweepstakes or game promotion shall obtain a permit from the Department of Neighborhoods's Office (hereinafter Department of Neighborhoods or City) for each Premises. Each permit is valid only for the Operator and the Premises named in the permit. Each permit is valid for one year.
(b) Initial Permits. Within 60 days of enactment of this Chapter, all current Operators that have been operating a drawing by chance conducted in connection with the sale of a consumer product or service, or sweepstakes or other game promotion using Electronic Equipment at a Premises on August 9, 2010, and which are subject to this Chapter, and which apply for, facially qualify for, and pay required fees for a permit, shall be granted a permit for the Premises 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 Department of Neighborhoods that the Operator was lawfully operating on the Premises a game promotions or sweepstakes utilizing electronic equipment or a drawings by chance conducted in connection with the sale of a consumer product or service utilizing electronic equipment, as of August 9, 2010, 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 on the Premises, or other certificates, permits, licenses, receipts or filings issued by the Federal, State or local government indicating proof of the uses contemplated by this Chapter on the Premises.
(c) Permits Limited. Unless greater than 20 permits have been issued as provided for in subsection (b) above, the City shall limit the total number of permits issued pursuant to this Section to 20. 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 20 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. In the event that a permit becomes available, all applications for the permitting of a new business shall, in addition to all permitting requirements set forth herein, be subject to the following procedures:
(1) The Department of Neighborhoods shall publish a notice in a newspaper of general circulation in a form prescribed by the Department of Neighborhoods, regarding the availability of such permit and the prescribed time period of 14 calendar days from the date of such publication within which the City will accept applications, and the location and date of the public meeting at which the random selection of the application for permit shall take place.
(2) All applications shall be submitted within such provided timeframe. Any applications not submitted within such timeframe shall be automatically disqualified. Each Applicant shall be allowed to submit only one application for each available permit. An Applicant shall be deemed to be the same as another Applicant and each of their applications shall be disqualified, if such Applicant is the same Person or consists of any variation of the same Person as another Applicant.
(3) Once the time period for submission of applications has expired, the City shall randomly select an application for consideration of the available permit at a meeting open to the public by the Department of Neighborhoods in the presence of one or more witnesses at the time and place set forth in the notice.
(4) Once such application is selected, the Applicant shall proceed with complying with all other requirements set forth herein. The City's random selection of an application as provided herein shall not constitute the City's acceptance or approval of the application, including for example, for purposes of determining the application's completeness. For purposes of all timelines and time periods set forth in this Chapter, including but not limited to the duration of review within which the City or any of its Departments or Divisions are to conduct application reviews, such timelines and time periods shall be extended by the amount of time required to appropriately conduct the random selection of the application.
(5) The decision to deny a permit shall be considered non-final agency action subject to appellate review by the Committee referenced below. The decision of the Committee shall constitute final agency action subject to judicial review. Any appeal of a permitting decision shall be made within 15 calendar days of denial by filing a written notice of appeal with the Director of Neighborhoods. Failure to file written notice of appeal within the prescribed time period constitutes a waiver of the right to appeal.
(d) Application Materials Required for Permit.
(1) Applicant shall file with the City the following materials:
(i) A copy of a current Duval County Business Tax Receipt in the name of the Applicant including the business address;
(ii) 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;
(iii) If the application is for a sweepstakes or game promotion over $5000, a copy of Applicant's certification of a bond or trust account provided to the Florida Department of Agriculture and Consumer Services, if required; and
(iv) A complete list of all products and services offered and the prices charged therefor.
In addition, for and 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 Jacksonville Sheriff's Office or Florida Department of Law Enforcement.
(2) Applicant shall provide a sworn affidavit containing the following:
(i) The identity of the Applicant and if the Applicant is:
A. An individual, his name, residence address, and date of birth;
B. An unincorporated organization, the names, dates of birth, and residence addresses of its principals; or
C. A corporation, the corporate name, state of incorporation and the names, dates of birth, and residence addresses of its principal officers, directors, and shareholders;
D. A limited liability company, the company name, state of incorporation and the names, dates of birth and residence addresses of its members and managers;
(ii) A description, including the number of pieces of the Electronic Equipment;
(iii) A statement of whether any of the individuals listed has, within the five-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, or has had adjudication withheld, and, if so, the particular criminal act involved and the place of conviction;
(iv) The street address of the Premises where the drawing by chance conducted in connection with the sale of a consumer product or service, sweepstakes or game promotions are to be conducted;
(v) 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
(vi) The name and address of an individual in Duval County who is authorized to receive notices from the City.
(vii) 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.
(viii) A certification that the computer software that is used by the Operator to conduct a drawing by chance in connection with the sale of a consumer product or service, sweepstakes or game promotion has been tested by an independent testing laboratory that has verified the manner that the software works. That verification of the manner that the software works shall comply with all applicable State and local laws, including this Chapter.
(3) Applicant shall file with the Department of Neighborhoods the following:
(i) A copy of the sworn affidavit described in subsection (2) above;
(ii) A complete list of all products and services offered and the prices charged therefore;
(iii) A verification that the prices charged for the products and/or services constitute a reasonable market value;
(iv) 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 non-refundable application fee of $500. This fee shall pay for the time and expense of the Jacksonville Sheriff's Office and the City in enforcing the provisions herein, reviewing and ruling on the application, issuing the permit, and, if applicable, hearing any appeals.
(f) Review of Application.
(1) Duration of Review.
(i) By City for Permit. Within 60 days of receipt of an Applicant's completed permit application, the City of Jacksonville 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 may delay its grant or denial of the permit until 60 days after the final judgment in the case.
(ii) By Jacksonville Sheriff's Office for Criminal History. Within 30 days of receipt from a principal, officer, shareholder or director of the Operator of a legible copy of fingerprints, social security number, full name, current address, sex, race, recent photograph, and date of birth, the Jacksonville Sheriff's Office shall conduct a criminal history check, certify the results in writing, and provide a copy of the results to the Applicant. If necessary, the Jacksonville Sheriff's Office may solicit assistance from other agencies to complete the criminal history check.
(2) Eligibility of Applicant. An Applicant is ineligible for a permit if:
(i) 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, or has had adjudication for same withheld,
(ii) Within three years of the date of the application, has had a permit under this Chapter revoked or been convicted for a violation of this Chapter,
(iii) 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
(iv) The application materials are incomplete or untruthful.
The City shall deny the permit for any of the above reasons. If an Applicant satisfies all permit filing requirements and is not ineligible, the City 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. The decision to deny a permit shall be considered non-final agency action subject to appellate review by a committee (Committee) consisting of the Director of Planning and Development, the Director of Neighborhoods (or successor), and the Chair of the Council's Public Health & Safety Committee. The decision of the Committee shall constitute final agency action subject to judicial review. Any appeal of a permitting decision shall be made within 15 calendar days of denial by filing a written notice of appeal with the Director of Neighborhoods. Failure to file written notice of appeal within the prescribed time period constitutes a waiver of the right to appeal.
(h) Permit fees. The eligible Applicant, before receiving the permit, shall pay:
(1) An Electronic Drawing and Game Promotion Fee of $2,000 for Premises with more than five pieces of Electronic Equipment, or $200 for Premises with five or fewer pieces of Electronic Equipment. The fee is for one year during which the permit is valid and shall be paid each time the permit is renewed. If an eligible Applicant fails to pay this fee on or before the thirtieth day after approval, availability, and notice of the permit authorization, the application shall be deemed denied.
(2) An annual fee of $50 per piece of Electronic Equipment. If the eligible Applicant fails to pay the fee on or before the thirtieth day after approval, availability, and notice of the permit authorization, the application shall be deemed denied.
The fees collected pursuant to this subsection shall be contributed towards the costs associated with the inspection and examination by the City or the Jacksonville Sheriff's Office of the Premises, Electronic Equipment, and records of the Permit Holder to ensure compliance with this Chapter.
(i) Duration of Permit. A permit shall be valid for one year from the date of issuance.
(j) Renewal of Existing Permit. Existing permits shall be renewed upon compliance with this Chapter, 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 Chapter. 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 (h) 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) Restrictions on Transfers of Permits.
(1) Transfer to Another Entity. Permits may be transferred no more than one time, to another entity, upon written notification and evidence of the conveyance to the Department of Neighborhoods. Any change in a majority or controlling interest in any Permit Holder shall be deemed an impermissible transfer of the permit, except in the event of the one-time transfer, upon written notification and evidence of such transfer to the Department of Neighborhoods, as provided herein.
(2) Transfer to Another Premises. Permits may be transferred to another premise upon application. The transferred location shall be approved within 15 days of submittal of a complete application (including all required supplemental information, including but not limited to any required certified maps depicting applicable locations and distances), if such use is a permitted use in an approved zoning district, as set forth in Chapter 656, Zoning Code and in all other applicable provisions of the Ordinance Code. Otherwise, the application shall be denied.
(l) Revocation of Permit. The City may revoke a permit for violation of any provision of this Chapter or due to a Permit Holder's cessation of the use of Electronic Equipment during its normal business hours for at least 14 consecutive days. Prior to revocation, the City shall provide to the Permit Holder, through their individual in Duval County authorized to accept notices from the City, 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 a notice of revocation, opportunity to cure, and opportunity to be heard is delivered to the Permit Holder. The decision to revoke a permit shall be considered non-final agency action subject to appellate review by a committee (Committee) consisting of the Director of Planning and Development, the Director of Neighborhoods (or successor), and the Chair of the Council's Public Health & Safety Committee. The decision of the Committee shall constitute final agency action subject to judicial review. Any appeal of a revocation decision shall be made within 15 calendar days of revocation by filing a written notice of appeal with the Director of Environmental and Compliance. Failure to file written notice of appeal within the prescribed time period constitutes a waiver of the right to appeal.
(Ord. 2010-326-E, § 3; Ord. 2011-732-E)
