Title 45

If the Mobile County Commission finds or determines that the funds provided by this part, after the deductions for administrative costs and investment, exceed the financial needs of the eligible volunteer fire departments, the Mobile County Commission may invest any excess funds …

Any fire protection and suppression service fee levied pursuant to this part shall not be construed as a tax on property. The fire protection and suppression service fee shall be levied for the purpose of funding fire protection and suppression under this part. (Act 2015-258, § 1…

This part shall be known and may be cited as the Mobile County Bingo Act. (Act 83-731, p. 1184, § 1.)

As used in this part, the following words shall have the following meanings as ascribed herein, unless the context clearly indicates otherwise: (1) BINGO. That game commonly known as bingo where numbers or symbols on a card or paper sheet are matched with numbers or symbols selec…

The operation of bingo games for prizes or money by qualified organizations for bona fide charitable, educational, or other lawful purposes shall be legal in Mobile County, subject to this part. (Act 83-731, p. 1184, § 3; Act 85-462, p. 456, § 1.)

(a) No qualified organization shall be permitted to operate a bingo game unless the sheriff first issues a permit to the organization authorizing it to do so. The permit described in this part is in addition to, and not in lieu of, any other business licenses which may be require…

(a) A qualified person or organization which does not hold a bingo permit pursuant to Section 45-49-150.03, may apply for a special permit for conducting a bingo session at a designated location for a special occasion. Such an applicant shall submit to the sheriff a written appli…

(a) Each bingo permit shall contain the name and address of the permit holder, the location at which the permit holder is permitted to conduct bingo, and the day or days of the week on which the permit holder is permitted to conduct bingo. (b) The bingo permit holder shall displa…

(a) It is the intention of the Legislature that only qualified organizations which are properly issued bingo permits and other licenses, pursuant to this part, shall be allowed to operate bingo games. A qualified organization shall not lend its name or allow its identity to be us…

(a) All bingo permit fees collected by the sheriff under this part shall be paid into the Mobile County General Fund. (b)(1) An entertainment fee of fifty cents ($0.50) shall be paid by each bingo permit holder for each bingo player at each session of bingo held. (2) Sequentially…

(a) The net proceeds of a bingo game shall be devoted to the charitable purposes of the bingo permit holder. All reasonable expenses incurred in connection with the holding, operating, or conducting of bingo, including the following bona fide expenses, in reasonable amounts, shal…

(a) Bingo may not be conducted with any equipment which is not owned, being purchased, or being rented at a reasonable rate by the bingo permit holder. (b) Prizes given by any organization for the playing of bingo games shall not exceed four thousand dollars ($4,000) in cash or g…

Each bingo permit holder shall maintain the following records pertaining to each and every session of bingo: (1) The total number of bingo players at each bingo session as deter- mined by the beginning and ending numbers of the entertainment fee receipts for each and every sessio…

(a) A copy of the records required in Section 45-49-150.10 shall be filed with the sheriff on or before the 15th of each month and shall contain the required information for the previous month. (b) The records required by Section 45-49-150.10 and this section shall be provided to…

(a) For good cause shown, the sheriff may revoke any bingo permit issued pursuant to this part if the bingo permit holder or any officer, director, agent, member, or employee violates this part or any rules promulgated pursuant to this part. The revocation of a bingo permit by th…

(a) A bingo permit holder whose bingo permit is revoked in consequence of a violation of this part or rule promulgated under this part is ineligible to apply for a bingo permit for a period of 12 months after the date of the revocation. (b) A person convicted of an offense under …

Any officer, director, agent, member, or employee of the bingo permit holder who violates this part, on first conviction, shall be guilty of a Class C misdemeanor. In addition, the bingo permit issued to any bingo permit holder or any officer, director, agent, or employee of any …

The Circuit Court of Mobile County shall have jurisdiction to restrain or enjoin violations of this part. (Act 83-731, p. 1184, § 16; Act 93-710, p. 1375, § 1.)

Any device, equipment, record, money, or stakes used in any bingo game or operation in violation of this part, may be contraband and may be seized and is forfeited. Property forfeited may be sold, destroyed, or retained for official use by the state or county law enforcement agen…

Any other law providing a penalty or disability upon a person who conducts or participates in bingo games, who possesses equipment used in conducting bingo, who permits bingo to be conducted on his or her premises, or who does other acts in connection with bingo, shall not apply …

(a) The total number of bingo permit holders in Mobile County, other than special permits, shall be limited to 50 during any 12-month period. (b) All bingo permits shall be issued for a period of 12 months and shall expire one year from the date on which they were issued. (c) Bin…

Bingo permit holders shall be subject to any and all rules or regulations promulgated and set forth by rule of the sheriff under this part. (Act 93-710, p. 1375, § 1.)

(a) There is created and established the Mobile County Racing Commission, the same being referred to as the racing commission or the commission. The commission shall consist of three members who shall be appointed as follows: (1) One member (Place Number One) shall be appointed b…

(a) The members of the commission shall be qualified electors not less than 19 years of age, who shall have resided in the county for the period of five years next preceding their appointment. Each commissioner shall take the same constitutional oath of office as other county off…

The compensation of each member of the commission shall be two thousand one hundred dollars ($2,100) per month. One member of the commission shall be required to be in attendance at each racing event and such designated member shall receive an additional seventy-five dollars ($75…

The Mobile County Treasurer shall be ex officio treasurer of the racing commission, and shall receive from the racing commission all funds received by the commission pursuant to this subpart, and shall deposit the funds into depositories as directed by the racing commission, and …

The racing commission shall have the authority to employ legal counsel of its selection to advise the commission and represent it in all proceedings. The compensation of such counsel shall be paid out of the general funds of the racing commission. (Act 86-416, p. 612, § 5; Act 86…

The racing commission shall implement this subpart and shall have the following specific duties: (1) To set dates upon which race meetings may be operated, except Sundays. (2) To make an annual report to the chair of the county legislative delegation, to the president or chair of…

All books, records, maps, documents, and papers of the commission, including those filed with the commission as well as those prepared by or for it, shall at all times be open for the personal inspection of any officer of the State of Alabama, or of any county, municipality, or o…

(a) Any person, association, or corporation desiring to operate a racetrack in the county may hold and conduct one or more race meetings at the track each year, but no license shall be granted to any person, association, or corporation, or to any track for a period longer than 31…

No race or racing shall be permitted on Sunday. No person under 19 years of age shall be employed in any manner about the racetrack except as lead-out persons and kennel persons; nor shall persons under 18 years of age be permitted to attend any race. (Act 86-416, p. 612, § 9; Ac…

(a) On or before the 15th day of October of each year, any person, association, or corporation possessing the qualifications prescribed in this subpart may apply to the racing commission for a permit or license to conduct race meetings and racing under this subpart. On or before …

The commission may suspend or revoke the license of any licensee conducting a race meeting, upon the willful violation of this subpart, or any rule or regulation promulgated by the commission or may invoke a fine not to exceed one thousand dollars ($1,000) per offense in lieu the…

The commission is empowered to compel the production of any and all books, memoranda, or documents showing the receipts and disbursements of any person, association, or corporation licensed to conduct race meetings under this subpart. The commission may at any time require the re…

The commission shall have the power to grant, refuse, suspend, or with draw licenses to or to otherwise penalize all persons connected with racetracks including, but not limited to, gate-keepers, announcers, ushers, starters, officials, drivers, dog owners, agents, trainers, groo…

(a) The commission shall make rules governing, permitting, and regulating the wagering on dog races under the form of mutuel wagering by patrons known as pari-mutuel wagering, which method shall be legal to the extent that, and so long as, the same is carried on and conducted str…

(a) Every licensee conducting race meetings pursuant to this subpart shall pay to the racing commission for its use, a tax on the total contributions to all pari-mutuel pools conducted or made on a racetrack licensed under this subpart in an amount equal to eight percent until Ap…

If any free passes or complimentary cards shall be issued to guests by any licensee, such licensee shall nevertheless be responsible for payment of the admission tax upon such complimentary admission cards or passes as though they had been sold at regular admission price. However…

The license fees, commissions, and excise taxes imposed herein shall be in lieu of all license, excise, and occupational taxes to the State of Alabama, or any county, city, town, or other political subdivision thereof. (Act 86-416, p. 612, § 17; Act 86-545, p. 1082, § 17.)

(a) All fees, commissions, taxes, and other monies, including fines and forfeitures, received under this subpart shall be paid to the racing commission and shall be remitted by it to the county treasurer for deposit in the county treasury to the account of the Mobile County Racin…

This subpart shall not apply to the running of races conducted by any state fair association or county fair association which holds not more than one meeting annually and which restricts such annual meeting to three days or less. (Act 86-416, p. 612, § 19; Act 86-545, p. 1082, § …

Any corporation, association, or person who directly or indirectly holds any dog race without having procured a license as prescribed in this subpart, shall be guilty of a misdemeanor. Any person wagering upon the results of such a race, except in the pari-mutuel or mutuel method…

No person who engages in the practice of professional gambling on dog races, or in the practice of making gambling or wagering books on such races, or who knowingly takes any part in such practices, shall be eligible as an applicant for any license or permit to operate a racetrac…

Any person who shall influence or have any understanding or connivance with any owner, groom, or other person associated with or interested in any kennel, dog, or race in which any dog participates, to prearrange or predetermine the results of any such race, or any person who sha…

(a) It shall be unlawful for any person to transmit or communicate to another by any means whatsoever the results, changing odds, track conditions, or any other information relating to any dog race from any racetrack in the county, between the period of time beginning one hour pr…

(a) The Mobile County Commission shall not license the construction or operation of any racetrack, for any purpose, in an area of the county that has five or more residences within 1,000 yards of the location for the racetrack. (b) No person shall construct or operate a racetrack…