[HISTORY: Adopted by the City Council of the City of Lexington as
§ 15-10 of the 1958 Code (§ 15-21 of the 1970 Code); amended 12-6-1973; 2-2-1978.
Subsequent amendments noted where applicable.]
It shall be unlawful for any person to bet, wager, gamble or play at
any game for money or any other article of value in any public place or gambling
house.
[1]
Editor's Note: For state law as to gambling, betting, etc., see Code
of Virginia, §§ 18.2-325 to 18.2-340.
A.
This chapter shall not apply to any bingo game or raffle
conducted solely by any of the following, provided that no part of the gross
receipts derived from such activity inures directly or indirectly to the benefit
of any private shareholder, member, agent or employee of the City Fire Department,
first aid crew or organization, and provided further that the Fire Department,
rescue squad or organization shall not enter into a contract with any person
of any classification whatsoever for the purpose of organizing, managing or
conducting bingo games or raffles:
(1)
The City Fire Department and first aid crew.
(2)
An organization, which for purposes of this section shall
be defined as any of the following which operates without profit and which
has been in existence continuously for a period of two years immediately prior
to seeking a permit as hereinafter provided:
(a)
A corporation, trust, church, association, community
chest fund or foundation organized and operated exclusively for religious,
charitable, scientific, literary, community or educational purposes.
(b)
Posts or associations of war veterans or auxiliary units
or societies of any such posts or associations, if such posts, associations,
units or societies are organized in the United States or any of its possessions.
(c)
A fraternal society, order or association operating under
the lodge system.
(d)
A corporation or association organized and operated exclusively
for the restoration and maintenance of historic gardens and the general promotion
of beautiful gardens.
B.
The Fire Department, first aid crew or organization may
delegate the authority or duty of organizing, managing or conducting bingo
games or raffles only to a natural person or persons who are bona fide members
of the Fire Department, first aid crew or organization. No bingo game or raffle
shall be conducted under this section without first having obtained an annual
permit from the City Council on a calendar year basis. An organization holding
a valid permit issued under this section may place or permit to be placed
within the premises where such bingo game is to be conducted, but not within
view of the exterior of such premises, a sign or signs advertising such bingo
game, provided that no sign or signs advertising any bingo game shall be placed
within 100 yards of the exterior of such premises. Records of all receipts
and disbursements shall be kept and shall be filed annually with the Commissioner
of Accounts for the Circuit Court of the county, and such records shall be
a matter of public record. The City Council may revoke the permit of any organization
found to be not in compliance with this section, and any person, shareholder,
agent, member or employee of any such organization violating this section
shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject
to a fine not to exceed $1,000.
C.
Should any organization be found in violation of this
section, then the commonwealth's Attorney of the county may, in addition to
the foregoing criminal penalty, apply to the Circuit Court of the county for
an injunction against such organization for continuing to run bingo games
or raffles for a period not to exceed three years from the date of such violation.
D.
Any organization granted a permit by the City Council to operate
a bingo game or a raffle shall have such permit issued by the Commissioner
of the Revenue and pay a fee of $10 to the City Treasurer on an annual calendar
year basis upon the issuance of such permit.
E.
The City Manager hereby is authorized to grant a permit automatically
to any organization which was issued a permit for the immediately preceding
calendar year upon written certification to the City Manager that the organization
was issued a permit for the immediately preceding calendar year and that there
has been no change in the interim in the status of the organization which
would disqualify such organization from holding such a permit.
