14-2 Pltfs Resp Defts Motion Dismiss Exh B

8/9/2019 14-2 Pltfs Resp Defts Motion Dismiss Exh B

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA

WESTERN DIVISION

WILLIAM JOHNSON, ANNIE PEARL

LEFTWICH, BOBBI MORGAN, DONALD

MEANS, ERNEST EDMONDS, FAIRY

GORDON, IRIS SERMON, JOHNNY BUTLER,

MERJEAN LITTLE, MOSES JONES, VASSIE

BROWN, WILLIE MAE REEVES, BEVERLY

GORDON, JOHNNY B. MORROW, FANNIE

ISHMAN, LESLIE CHEATEM, MARGIE

JAMES, BOBBY SINGLETON, A. J.

MCCAMBELL, JOHNNY FORD, LOUISMAXWELL, MARY RUTH WOODS, LISA M.

WARE, CLARA P. GRIMMETT, CHARLES

CHAMBLISS, JOHNNIE B. HARRISON, G.

DYANN ROBINSON, SHIRLEY W. CURRY,

SARAH STRINGER, MILES D. ROBINSON, and

WILLIE LEE PATTERSON, individually and on

behalf of others similarly situated,

Plaintiffs,

v.

BOB RILEY, in his individual capacity and in his

official capacity as Governor of Alabama, and

JOHN M. TYSON, JR., individually and in his

official capacity as special prosecutor and task

force commander of the Governors Task Force on

Illegal Gaming,

Defendants.

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** Civil Action No.

* 7:10-cv-02067-SLB

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* 3-judge court

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EXHIBIT B TO

PLAINTIFFS MEMORANDUM BRIEF IN OPPOSITION TO

DEFENDANTS MOTION TO DISMISS

FI2010 Aug-30 AU.S. DISTRICT

N.D. OF AL

Case 7:10-cv-02067-SLB Document 14-2 Filed 08/30/10 Page 1 of 14


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THIRD AMENDED AND RESTATED RULES ANDREGULATIONS FOR THE LICENSING AND OPERATIONOFBINGO GAMES IN MACON COUNTY, ALABAMA

Section 1: Definitlons,."., .. , " .. , ......... " ." , " , " " , 2Section 2: Operation of Bingo Games m Macon County "" " "" ,,4Section 3: BIngo License Required , " " 5Seotion 4:.AppBcatlon for license; Submission; Form; Contents , ., 5Section 5: Issuance of L icenses "" .. " " .. ,." "".. , , 6Section 6 :_Amendments; Applica tions; L ice rises " .. , .. " .. "." 7Section 7: Contents and Display of Llcenses."." " , 7

S ection 14: Appeal o f D enial of Llcense , 11

Section 8: Fee Proceeds , " ., " , " " 7Section 9: General Regulations; Prizes ,. .. " .. "." 8Section 10:Records and Accountlnp ": , 9Section 11:Enforcement and Supervlsion; Rules; Bonds." ,.,,', , 10Section12: Revocation of Licenses; Appeal.. , " ,,, 10Section 13: Effect of Revocation " " 11

Section 15: Compllance with Federal Law 11Section 16: Severabillty , , .. ' ,., '" '" 11Section 17: Amendments .. " , 12Section 18: Effective Date " , , , , 12



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MACON COUNTY BINGO REGULATIONSThe following Third .Arnended and Restated RUles and Regulations Forthe Llcenslng and OperatIon of Bingo Games in lViacon County (heretneftersometimes referred to as "Rules"[ "Regu!ations" or "Rules and Regulatlons")are hereby promulgated by David M. Warrent Sheriff of Macon County, toregulate the Issuance of permfts or licenses for and the operation of bingogames by certain nonprofit organIzations in Macon County , Alabama pursuantto Act No. 2003-124, Regular Session, 2003/ authorizing a referendum on anamendment to the Constitution of Alaberna, which said referendum wasapproved by the voters on November 4, 2003. The primary purpose of thisSecond Amendment is to encompass the definition of Hbtngo games" aspronounced by the Attorney General for the State of Alabama and to further

adopt the pollcv of the Attorney General In llmltln 9 the conduct of ClaSS B bingogaming ln Macon County thereby allowing the Sheriff to more effectlvelyrequlate and enforce the proper conduct of bingo games.Section 1: Definitions

As used herein the following words shall have the foHowing meanIngs asdescribed herein, unless the context clearly rndlcates otherwise:(a) "Blngoil or "Bingo games" snalt mean any game of chance known

as binqo, including any bingo game permitted by federal law,(whether or not electronic! computer, or 'other technologic aids areused In connection therewith) which is played for prizes; includingmonetary prizes, with cards bearing numbers or otherdesiqnatlons, and which the holder of the card covers suchnumbers or designations when objects, simllar!y numbered Drdesignated,are drawn or electronically deterrnmed: and in whichthe game Is won by the first person covering a previouslydesignated arrangement of numbers or designations on suchcards. The bingo game must incorporate the typIcal features oftraditional binco, IncludIng, but not llrnited to, a grid of fivehorizontal and five vertical squares, numbers randomly selected,and a preordained winning pattern, Alternative entertainingdtsplavs such as spinning reels and other video or mechanicalgraphics are permitted but must not affect game play, Just as intraditional bingo halls, players on electronic bingo machines mustcom pete against one another. Consequently, the electronicmachines must be linked so that players are cornpetmc againsteach other. Nothing herein 15 intended to prohibit the award ofInterim or consolatlon prizes. Electronic" computer or othertechnologic aids include any machine or device that assists aplayer or the playing of a bIngo game; broadens the partlclpation

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levels in a common game; facilitates communication between andamong bingo locations; D r allows players to playa game wIth oragainst other players rather then with or against a machine,Examples of, Electronicr computer or other technologic aldsInclude, but are not limited tO I dispensers, readers, telephones,cables, televisions, screens, satellites, bingo blowers, electronicplayer stetlons, electronic cards for parttclpants in bingo gameslplayer terminels, central servers contalnlnq random numbergenerators for remote player terminals and video displaysproviding game results In different drsplav modes.

(b) "Person" shall mean any human beingl corporation, partnershtp,association or other legal entlty of any kind whatsoever.'lSherlff' shaH mean the Sheriff of Macon County, Alabama. Underthe Rules and Regulations herein, the Sheriff may destqnate orotherwise authorize persons of the Macon County Sheriff's Office toperform various duties of the Sher1ff set forth heretn."Nonprofit orqaruzatlon It shall mean a bona fide organlzatlon that isactive and In good standing for charitable, educational, or otherlawful purposes whlch operates without profit to its membersand/or which has been classified by the Internal Revenue Serviceas a tax exempt organization."License holder" shall mean any nonprofit orqanlzatlon that hasbeen Issued a bingo license by the Sheriff pursuant to theseRegulations."tocanon'' shall mean a butldlngr hall, enclosure, room, or outdoorarea that complies with all federal, state and local laws andapplicable building and fire codes."Class A Bingo License" shaB mean a i lcense issued to an applicantwho desires to operate paper card blngo only at a qualifiedlocation."Class B Bingo License" shalf mean a license issued to an applicantwho desires to operate any and all games of bingo as definedhereinabove! at a qualifIed location."QuaHfied locetlon'' for the holder of a Class A Bingo License shallmean a locetton, as defined above, whlch has been inspected andapproved by the SherIff for the conduct of bingo games.

(c)

(d)

(e)

(f)

(9)

(h)

(1 )

enJ) "Quatlfied location" for the hoider of a Class B Bingo Licenseshall mean a location, as defined above, which has been

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inspected and approved by the Sheriff for the conduct of bingoga mes and other lawful activities and for which the ucenseapplicant shall submit satisfactory evidence that the locat1on hasin place the following at all times that any bingo games are beingconducted or operated: (\) public liability Insurance in an amountnot less than $5,OOO,OOOi (Ii) If ltquor Is served, liquor \labilityinsurance in the amount of not tess than $1,000,000; (1\i)adequate parking for patrons and employees; (iv) onsfte securityas prescribed by the Sheriff; (v) o nsrte first aid personnel asprescribed by the Sherlff~ (vl) cash or surety bond in an amountnot less than $1,0001000; (vll) such accounting procedures,controls and security monltorlng as necessary to preserve andpromote the integrity of the operation of bingo games and toensure the protection of the charitable llcense holder and itspatrons: (vlll) satisfactory evidence that the owner or owners ofthe location paid at least$15rOOO,OOO for the land, building andother capita 1 lrnprovements (before depreciation) comprlsi ng saidlocation: (tx) satisfactory evidence that the locatlon is fullycompliant with the AmerIcans with Dlsabillties, Act ("ADA"); and(x) satisfactory evidence that the owner or owners of suchlocation have been residents of the State of Aiabama for at leastthree (3) years Of, If the owner is a partnership, association,corporation, llrnlted liability company, or other business entity,satisfactory evidence that those partners, members, orstockholders of such entity that own collecttvely at least two~thirds (2/3) of the voting rights a no equity interests of .suchentity; are lndtvtduals that have been residents of the State ofAlabama for at least three (3) years.

(k) "Bingo session" shall mean a consecutive perlod of time up to24 consecutive hours during which bingo is played on as manyas seven (7) days in a given week. A license holder shall not belimited in the number of bingo sessions It operates during any24 hour period.Section 2~Operation of Bingo Games In Macon County

The operation of bingo 9a mes for prlzes or money by nonprofitorganizations, as defined herein; shall be allowed In Macon County,pursuant to Amendment No. 744 to the Con stttutlon of Alabama and ActNo. 2003~ 124, provtded that the nonprofit organization shall first obtain abingo license (Class A or B) as set out herein, and abide by all of theRegulations duly promulgated by the Sheriff, No Class 8 Llcensee shall beauthorized to operate bingo at a ny qualified location, as defined herein,unless a minImum of fifteen (15) applicants shall ftrst obtain Class B



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Licenses for such location. This restriction shal! be noted on any Class B LicenseIssued hereafter. At no time shall there be issued and outstandIng more thansixty (60) Class B Licenses for the operatlon of b!ngo in Macon County.Section 3: Bingo License Required

No nonprofit orqantzation, as defined herein, shall be allowed to operate abingo game unless the Sheriff first issues a license to sald organtzat ionauthorizing It to do so. In the event of any controversy as to whether or not agame of chance oractlvity constitutes a bfngo game/ as defined herein, forwhich a license may be Issued, the decision of the Sheriff shall control, subject tothe rIghts of appeal as set out herein. The license descrIbed herein shall be In aform designated by the SherIff and shall be 1neddttton to and not in lleu of anyother perrnlts or ucenses which may be required by law, and no bingo gameshall be operated until such time as all required licenses or permits have beenobtained. A license holder may hold only one ucense and that license shall bevalid for only one location in Macon County, Alabama. A license Is not assignableor transferabte and shall become autornettcellv void upon the change of name,dissolution, loss of charter, 01", if the license holder is a tax exempt orqanlzattonunder the federal Income tax laws! the loss of exemption from taxatlon' underthe Internal Rever.ue Code.Section 4: Application for License) Submission Form; Contents

(a) Any nonprofit organization, as defined hereIn, deslrlnp toobtain a license to operate bIngo games hereunder shall make application tothe Sheriff on forms prescribed by the SherIfF and shall p ay an annual fee of$250.00 for Class A Bingo ucenses and $3,000,00 for Class B BingoLicenses, Such license shan expire and become automatically VOId onDecember 31 of the fifth year follOWing lts issuance. Renewal applicationsshaH be filed with the Sheriff at least forty-five (45) days prior to January 1of each calendar year and shell be on forms prescribed by the Sheriff.Renewai applications shall be subject to the same application fee as providedfor an original appllcatlon and shall contain the same lnformatlon as requiredin an orlg1nai application. Should fifteen (15) or more Class 8 Bingo Licenseholders contract In a given calendar year with the owner of a Class BquaHfied locatlon, the owner of sa!d Class 5 qualified location shall pay abusiness license fee ("Operator's license Fee") of $500,000.00 at the timethe Class B Bingo License Is Issued or renewed. In no event shall more thanone Operator's License Fee be paid by the owner of a CJass 5 qualifiedlocation in any given year.

(b)The Sheriff shall refuse to grant a brngo license or renewal to anyapplicant qualified hereunder unless and unnl the applicant fully provides the



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information required hereunder, such being provided in a form and Insufficient detail to satisfy- the Sheriff of its valid ity and sufficiency, The Sheriffshall have complete dlscretlon to require any reasonable conflrmingdocumentation as to any informatIon required hereunder and shell have areasonable t1me to check or confJrm by any method available to him theaccuracy or valldlty of any Information provided hereunder,

(c) Each application for a bingo license or renewal thereof shallcontain the following information and exhibits:(1) The date of incorporation or other evidence of inceptionshowing existence by the organlzatlon for the prescribed pertod of tlme.(2) A copy of the charter! certlncate of Incorporation, bylaws, or other evidence of legal existence of the organization.(3) When applicable, a copy of the fetter runng or taxexempt oetermmenon letter from the Internal Revenue Service or other proofdeemed acceptable by the Sheriff verifylng the tax exempt status of theorpanlzation named 1n the application or the parent orqanlzation of which thesame is a oualltled branch, chapter} lodge or post.e 4) The names and residence addresses of each of theofficers and directors of the organizat ion} as well as the names and addressesof any members or persons who shall be in charge of or have control over theoperation or promotion of bingo games,(5) The names and addresses of any persons;organizatlons, or other entltles which shalf act as sureties for the applicant or towhich the applicant is financlally indebted in regard to the operation of bingogames.(6) The exact pnvslcal location at which the applicant willconduct the bingo games and if the premises on which the games are to beconducted are not owned by the applicant, the names and addresses of theowners thereof and a copy of a n rental! lease, consulting or other agreementswith the said owners regarding the use of the premIses for the operationof theblngo games.(7) A statement llsting all convlctlons, 1fany, for criminaloffenses, other than minor traffic offenses, of each of the persons for whomn ame s a re required In subsections (4)/ (5\ and (6) above,

Section5~ Issuance of LicenseUpon receipt of a fully completed and documented appllcation for a licensesuch lnvestlqation as he may deem necessary or proper of the quallflcations of

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each applicant as required herein and the truth and veracity of the informat1oncontained or attached to the application and after making such tnvestlqetlon andafter being first satisfied that all qualifications and raqulrernents as set outherein the Sheriff shall Issue such license to said applicant upon the terms andconditions herein set forth. t-s part Of said Investigation, any person named inparagraphs 4, 5, 6 of Sectlon 4( c) herein may be requireo to turrush a consentfor background and crim!nal hlstory check.

A Class A Bingo Ucense shall be issued to an applicant who desires tooperate paper card bingo only at a quallfied location for the holder of a Class ALIcense. A Class B Bingo License shall be issued to an applicant who desires tooperate any and aH games of bIngo, as defmed hereinabove) at a qualifiedlocetion for the holder of a Class 8 License,

Section 6: Amendments; Appl ications; Li censes(a) An appltcant may amend an appllcetton filed hereunder tocorrect or complete the Information contained therein or to change saidlnformation to comply with a change In cIrcumstances at any ume prior to thedenial thereof by the Sheriff or the issuance of a license thereon I provided thatsaid, amendment be made In or on a form satisfactory to the Sherlff and theapplicant pays a substitution or amendment fee of $50,00 per amendment.(b) A llcense, once Issued, may be amended only uponresubrntssion of a new, completed application satisfactory to the Sheriff/surrender of the license belng amended, and payment of a new annual fee, TheSherIff may deny amendments for any reason for which an orlqinal application

may be denied.Section 7: contents and Disp lay o f L icenses

(a) Each bIngo llcense shall contain the name and address of thelicense holder, the location at which the license holder Is permitted to conductblngo games, the days of the week on which the license holder is permltted toconduct bingo games, the date on which the l icense was issued and upon whichIt expires, (b) The license holder shall display the license conspicuously atthe location where bIngo IS being conducted at ai1 times dur"ing tne conduct of abingo game,

section 8: Fee ProceedsAi! montes collected by the Sheriff hereunder shall be paid to the Countyand placed In a separate bingo account, and deposited in a deslqneted banklocated in Macon County wlthin three business days of the collectlon of said

fees. All expenses incurred by the Sheriff in the administration and

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enforcement hereof shall be paid from this account, with the balance, If any,in said account to be used by the SherIff for general law enforcementpurposes, To th e extent allowed by law, in the public interest, the saidaccount shari be subject to audit by the State of Alabama Examiners of PubllcAccounts.Section 9: General Regulations; Prizes

(a) No person under the age of 19 years shall be permitted topray any game or games of bingo, nor shaH any person under the age of 19years be permitted to conduct or assist in the operation of any game ofblnqo,

(b) No bingo license shall be Issued to any nonprofitorganization, unless the organization shalt have been In existence for at leastthree (3) years in the county lmmeclatelv prior to the tssuance of the permit orl icense.

(c) Bingo games may be operated on the premises owned orleased by the nonprofit organization operating the bingo games.(d) A nonprofit orqanlzatlon may enter Into a contract withany lnorvldual, firm, association or corporation to have the individual or entityoperate bIngo games or concessions on behalf of the nonprofit crqentzatlon. Anonprofit organization may pay consulting fees to any mdtvloual or entity for anyservices performed In relation to the operation or conduct of a bingo game.(e ) A nonproflt orqantzatlon may lend Its name or allow itsidentity to be used by another person or entlty in the operating or advertlslnqof a bingo game In which the nonprofit orqanization IS not directly and solely

operating the bingo game.(f) Prizes gIven by any nonprofit organization for the playingof bingo games shall nat exceed the cash amount or gifts of equivalent value set

by these Rules and Regulations for any bingo session, For the purposes of theseRules and Regulations, no single prize glven by any nonproflt organization, or onIts behalf, for the playing of blngo games shaf! exceed $2010001000 in cash orequivalent value during any bingo session.(g) No person who has been convicted of a felony offense}and whose Civil rIghts have not been restored by law, shall conduct or inany way pertlclpete in the operation of any bingo game permlttedhereunder! nor shall any person who has been convicted of any gambling

offense be permitted to conduct or In anyway participate in the operationof any bingo game permitted hereunder wlthln 12 months of theconvfctlon.



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Section 10: Records and AccountingEach license holder shall keep and maintain the following records andaccounts pertaining to each bingo session conducted by it for at least three(3) years from the date of such session:

(a) An itemized list of all gross receipts for each bingo session,which shall include all receipts derived from the sa le of bingo cards, entrancefees, donations, or from any other source whatsoever pertaining to theoperation of such session. Notwithstanding the foregOing, the holder of aClass B License who has contracted with an individual, firm, association orcorporation for the operation of bingo games shall only report the Class 8License holder's gross receipts under such contract and provide a copy of suchcontract to the Sheriff,

(b) An itemized list Q f all expenses, costs and disbursements,other than prizes, paid or given as a result of the operation of any bIngosession, together wlth the name and address of each person to whom saidexpenses, disbursements or consideration was pald or given; a receipt orinvoice for ali lterns purchased an d for ail services rendered; an d such otherrecords as wHl adequatety reflect the amount and nature of such expenses,costs and disbursements. Notwlthstandlng the foregoing, the hoioer of a ClassB Bingo License who has contracted with an individual, flrrn, association orcorporation for the operation of bingo games which permits the holder toreceive reasonable compensation for the operation of a bingo session net ofthe costs associated with the operation of the bingo games, lnciuding withoutlimltatlonl building rent, Insurance, equipment rental, consuiting ormanagement fees, employee expense, utilities, janltorlal services, bingoprizes or gifts and the like, shall only be required to maintain a copy of suchcontract and provide a copy of same to the SherIff upon request.(c) All records, receipts, accounts and/or lists required to be keptan d maintained hereunder shall be open to inspectIon by the Sheriff, or hisauthorized agents or representatives, during reasonable business hours,

(d) At all locations at which blngo games are being held by alicense holder, or at which a llcense holder intends to conduct btngo gameslshall be open to the Sheriff, or hIS authorized representatives, during alltimes at which bingo games are being conducted and during all otherreasonable business hours,(e) On or before AprIl 15, 20051 and on or before April 15th ofeach calendar year tnereatter, eacrl license holder who held a license for ail orany part of the preceding calendar year shall fiie with the Sheriff a verified copy

of all records, receipts, accounts and/or lists required to be kept or maintained

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hereunder relating to the operation of bingo games for said previous calendaryear,Section 11: Enforcement and Supervi sion; R.u les: Bonds

(a) The Sheriff shall be charged with the duty to and shallenforce and supervise the administration and enforcement of ali of the rules,regulations and reportlnq required hereunder, In addition to these Regulations;the Sheriff"shall enforce all applicable crlmlnal and civil l aws of the State ofAtabama to prevent and dtscourece any Illegal activity,

(b) The Sheriff may requ1re such acceptable sureties and/orbonds which he deems reasonable or necessary to insure proper compliancewtth these Rules and Regulations and the submission of such acceptable suretiesor bends shall be a condition precedent to the issuance of any license hereunder,The operator and surety or sureties snell be jointly and severally responslbie forpayment of prtzes to Winners, said payment to occur no later than the end of thesession during which the prize was won.Section 12: Revocation of Licenses r Appeal

The Sheriff) for good cause shown/ may revoke any license issuedpursuant hereto i f the llcense holder or any officer) director, agent, employeeor member of the license holder, or any person acting in concert with suchpersons, violates any of the Regulatfons herein promulgated. Such revocationby the Sheriff shall become effectlve ten (10) days after Written notice of suchrevocatlon has been deHvered by the Sheriff, or his authonzec representative,to any person named in the llcense appltcatton pursuant to Section 4,subsections (c) (4) and (c) (5) hereunder, or such other person as may beinvolved in the operation of bingo pursuant hereto, unless the license holdershall make a written request for a hearing as to such revocation to the .lv1aconCounty Commission within said ten (10) day period. Upon such request forhearing, the Commission shall hold a hearing upon such revocation, subject torules and regulations for the conduct of meetings and hearings before suchCommission, at its next regularly scheduled meeting, or special called meetingfor the purpose of such hearing, Upon such hearing the rendering of adecision adverse to the license 'holder shall result in the Immediate revocationof the subject license. FoHowing a hearing and rendltlon of an oplnlon by theCommission upon revocation of a license issued hereunder, either party tosaid hearing may appeal the same to the CIrcuit Court of Macon County IAlabama and may request a tria! by jury, Pending appeal to the Clrcult Courthereunder, the revoked license sha] remain revoked until and unless theCircuit Court shall order the same reinstated and shall set a reasonable bondto assure complete compliance with all Ruies and Regulations promulgatedhereunder pending such appeal.

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Section 15~ Compliance With Federal Law

Sect ion 13: Effec t o f Revocat ionThe holder of any license issued pursuant hereto which shall be revokedas herein set out shall rerum such ilcense to the Sheriff on or before theeffective date of such revocation and whether returned or not such license shall

be void and not valid beyond the effective date of revocation thereof unlesssuch revocation shall be extended by appeal as provided hereunder, A licenseholder whose license is revoked in consequence of a vlolation of any rule orregulation promulgated herein, or other rule or regulation promulgatedhereunder! shall be ineligible to apply for or have Issued to it another licensehereunder for a period of one (1) year after the effective date of suchrevocation, Nor shall any license be issued to any organization which is directedor controlled by persons listed in the appncanon for license filed pursuant to. Section 4, subsections (c) (4) and (c) (5) hereof in regard to the revokedlicense or to any organization of which the membership Is substanttally thesame as any orqanlzatlon whose ucense has been revoked hereunder/ for aperiod of one (1) year after the effective date of such revocation,Section 14: Appeal of Denial of License

Any nonproflt organization whose appltcat ton for a llcense hereunder shaH bedenied by the Sheriff pursuant to these Regulations shall have the right toappeal such denial to the Macon County Cornrnlsston and to the Circuit Court ofMacon County ln the same manner as an appeal of a revocation of a licenseIssued hereunder may be appealed pursuant hereto provided, however, thatsuch orqanlzatlcn shall not operate any bingo game until such appllcatlon shailhave been granted, and a license issued, pursuant to any order of the saidCornmisslon or Court,

All electronic! computer! technologic ald s and other devices used inconnection with the operation of licensed bingo games conducted in MaconCounty under the authority of Amendment No. 744 to the Constitution ofAlabama and permitted under the Rules and Regulations for the Licensingand Operating of BIngo Games promuigated by the Sherlff of Macon Countyare expressly enumerated as lawful and exempted from the provisions of 15U.S,C, 1172,Section 16: Severability

The. provlsions hereto and the Regulatlons promulgated hereunder areseverable. If any part hereof shall be ceclarec invalld or unconstttuttonel, suchdeclaration shan not affect any parts hereof which shall remain,

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COMMENTARY TO T HIR D A tvfE NO ED AND RESTATED B IN GO R EG UL AT IO NSSection 4: The fee for Class B Bingo Licenses ls increased from$1,000.00 annually to $3,000,00 annually, and the Operator's License Fee isincreased from $250,000.00 to $500,000.00 annually, These are the onlyrevisions to the previous rules and regulations governing bingo operations.The revlslons are necessary due to the Increased litigation over charity blngoIn Macon County> When the Sheriff, in nts official capaci ty, is named in alawsuit he has no other source of income to pay for his defense other thanmonies generated through bingo licensing fees, The fees associated wIthClass B Bingo Licenses and the Operator's Licenses fee were Inrtially meantto be divided and used for protecting the citizens of [\1acon County at bingo-related functions, to support adrnlrustr attve activities associated wlth theregulation of bingo operations, and to provide for lltlqatlon defense, Thesubstantial Increase In lft!gatlon threatens to hinder the Sheriff's ab!llty to

provide for administrative oversight of bingo regulations end the necessaryprotection of citizens at bingo-related functions, Therefore) an increase inClass B Bingo License fees and the Operator's License Fee Is necessary. Theabove-described revisions are made pursuant to the authority granted to theSheriff of Macon County as set forth in Act No. 2003-124, Regular session,2003 and approved by the voters of Macon County, Alabama on November4,2003.

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Documents

14-2 Pltfs Resp Defts Motion Dismiss Exh B