Bingo is legal under Florida law, but what about electronic bingo machines? Residents of Bunnell in Seminole County are awaiting an opinion from the state attorney general’s office.
One year ago state, city and county law enforcement officers conducted an inspection of Shamrock Bingo in Bunnell, owned by Harold Irwin. The business offered 40 games that could take “bets” from 25 cents to $1.00 through eight different games. One of the special agents believed the establishment operated illegal slot machines and the games were “an illegal lottery.” The business was shut down.
The bingo operation had been supporting a nonprofit, Flagler Cats, owned by Mari Molina. The organization “lost the bulk of its revenue,” Molina’s lawyer told the city. Irwin and his attorneys, Michael Chiumento III and Vincent Lyon, wrote in a letter to the Bunnell City Commission and its attorney that Shamrock Bingo had been operating without issues since 2012. They said the late Chief of Police Arthur “verbally approved the operation.” It was visited by the two subsequent police chiefs, including Chief of Police Chief Tom Foster who was involved in the inspection last year.
The attorneys’ letter continued, “And in 2015 the City Attorney investigated the operation for allegations of being a gambling hall. Each of them said he was satisfied with what he saw and Flagler Cats was allowed to keep operating.”
City Attorney Wade Vose, in a May 2 memo, “strenuously” disputed several statements in Lyon’s letter—especially that the city attorney had approved the electronic bingo machines. Vose wrote, “Nothing could be further from the truth, and it is surprising that such an assertion would be made in a correspondence also addressed to me. The only information the City Attorney was ever provided in 2015 by Chiumento Selis Dwyer concerning bingo operations in Bunnell was information relating to live-called bingo and paper pull tab instant bingo, and not to electronic instant bingo or ‘instant bingo machines.’ In fact, Chiumento Selis Dwyer never disclosed to the City Attorney the existence of electronic instant bingo or ‘instant bingo machines’ at any of their clients’ facilities in Bunnell until around the time of Foster ’s 2016 inspection.’”
Lyon argued Foster “was over-extending his authority, because the City has not established any rules or ordinances to deal with this specific fundraising activity. More to the point, we disagree with his authority to interpret the law on his own.”
Vose responded, “This unfounded assertion runs entirely contrary to the role of law enforcement officers and the authority vested in a Bunnell police officer under Florida law.”
Chiumento and Lyon met with Vose and City Manager Dan Davis in November to discuss how Irwin could reopen the bingo operation. The city officials said call-out bingo was legal but not the electronic bingo games.
Chiumento and Lyon drafted a proposed ordinance, which they recently presented to the city commissioners. “We just ask that the city allow Flagler Cats to resume operations with reassurance that the Chief of Police will not interfered again provided they keep within the terms of the proposed ordinance.” The city commission recently reviewed the proposal but the city attorney recommended against it “as currently drafted.”
Chiumento told the commission, “We need your help drafting some type of policy, some type of rule or some type of ordinance to give us guidance.” He reiterated that Shamrock Bingo had been operating as a gaming parlor since 2004, but changed its offerings to electronic bingo after the legislature banned internet cafés.
Chiumento continued, “We complied with that. But without an ordinance or without any mechanism within your community, we don’t know why we don’t comply, and we can’t demonstrate to anybody that we do comply.” He suggested that the city write its own ordinance or ask for an opinion from the state attorney general’s office.
Commissioner John Sowell asked, who licenses the bingo machines? No one had an answer. He said, “Whether the attorney general likes it or not, I would oppose it.” Commissioner Elbert Tucker recommended that the commission seek the attorney general’s opinion “as to the validity and legality” of the machines, and whether the proposed ordinance would conflict with state law. He said, “Special agents are not to be taken lightly.”
Commissioner Bill Baxley said he was satisfied with Vose’s and Foster’s findings and did not see any need for discussing the matter further. He said Irwin confirmed the machines were games of chance, which are illegal. Vose said, “It’s a relevant factor, it’s not a determining factor.” He added he didn’t even know the electronic machines existed before the 2016 inspection.
In addition, Vose said, even if the attorney general finds the machines to be legal, the city would not necessarily have to allow them. But he warned it’s unclear whether the city has that option under state law.
Ultimately the commissioners voted 3-1 to seek the attorney general’s opinion, as well as a more detailed rationale for the legality of electronic bingo games from Chiumento.
