116512-1:n:01/19/2010:LLR/tan LRS2010-348
| SYNOPSIS: | Under existing constitutional law, lotteries, gift enterprises, and any schemes in the nature of a lottery are prohibited. Bingo has been established by case law to be prohibited by Section 65 of the Constitution of Alabama of 1901. Specific counties which ratified local constitutional amendments permitting the operation of bingo for certain charitable or educational purposes are removed from the prohibition. |
| This bill would propose a local constitutional amendment for the City of Prichard in Mobile County to permit the operation of bingo by nonprofit organizations for charitable, educational, or other lawful purposes. |
Proposing an amendment to the Constitution of Alabama of 1901, relating to legalizing certain operations of bingo games for prizes or money for charitable or educational purposes in the City of Prichard in Mobile County.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:PROPOSED AMENDMENT
The operation of bingo games for prizes or money by nonprofit organizations for charitable, educational, or other lawful purposes shall be legal in the City of Prichard in Mobile County. The city council shall promulgate rules and regulations for the licensing and operation of bingo games within the city. The city council shall insure compliance pursuant to any rule or regulation and the following requirements:
(1) No person under the age of 19 years shall be permitted to play any game or games of bingo, nor shall any person under the age of 19 years be permitted to conduct or assist in the operation of any game of bingo.
(2) No bingo license shall be issued to any nonprofit organization, unless the organization shall have been in existence for at least three years in the city immediately prior to the issuance of the permit or license.
(3) Bingo games may be operated on the premises owned or leased by the nonprofit organization operating the bingo game.
(4) A nonprofit organization may enter into a contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. A nonprofit organization may pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game.
(5) A nonprofit organization may lend its name or allow its identity to be used by another person or entity in the operating or advertising of a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.
(6) Prizes given by any nonprofit organization for the playing of bingo games may not exceed the cash amount or gifts of equivalent value set by rule or regulation during any bingo session during any calendar week.
Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, and the election laws of this state.
Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:
"Relating to the City of Prichard in Mobile County, proposing an amendment to the Constitution of Alabama of 1901, authorizing the operation of bingo games by nonprofit organizations for charitable, educational, and other lawful purposes.
"Proposed by Act _________. "
This description shall be followed by the following language:
"Yes ( ) No ( )."