Woohoo...
Looks good now..
Licensing electronic charitable bingo in Houston County will fall upon the sheriff’s shoulders, according to an Alabama Attorney General’s opinion issued Monday.
The opinion authorizes Sheriff Andy Hughes to issue Class C bingo permits for qualified applicants after he determines that the applicant has met the requirements as specified February 25 when the county promulgating updated rules on charitable bingo.
Click here to read a the letter from Troy King, Alabama's Attorney General.
The laws were acted upon to allow a new country music entertainment destination to open just south of Dothan. The Country Crossing development, presented by Ronnie Gilley of Enterprise, will include electronic charitable bingo as a part of the multi-faceted development.
Hughes called the ruling a relief, saying it takes him out of the middle of an issue that has stirred a lot of emotion on both sides.
“It does ease my mind,” he said. “I wanted it spelled out in the law. That’s been my position from the get-go. I provide law enforcement for those on both sides of this issue. I wanted the law to be on my side.”
In mid-March, Hughes asked for the opinion, posing four questions. The questions were:
-- Is the sheriff authorized to issue a permit under the law, as promulgated by the county?
-- If so, is the sheriff’s authority discretionary or must a permit be issued to any qualified organization?
-- When is the permit issued?
-- What constitutes 70 percent completion of a project for purposes of the permitting process and who makes that determination?
The AG opinion, signed by Brenda F. Smith, chief of the Opinions Division, states that Hughes’ authority is not discretionary.
The law reads that “After making such investigation and after being satisfied that all qualifications and requirements as set out herein have been fulfilled, the sheriff shall issue such permit to said applicant upon the terms and conditions herein set forth ....”
The opinion states that the word “shall,” means there is not an option. “In addition, the word ‘shall,’ when used in a statute, is mandatory.”
In terms of a time frame for issuing the permit, the ruling states it shall be issued “when the sheriff has conducted an investigation and determined that an applicant has met the requirements and qualifications of the rules.”
The ruling gives the sheriff the duty of deciding when the development is 70 percent complete, which is required prior to operation of bingo. “The sheriff should consult and cooperate with the Houston County Commission in making the determination.”
Hughes said he has no more questions.
“It is pretty much cut and dry. There is not a whole lot of play in there,” he said.
Hughes is glad the licensing process has been explained, which could avoid both “hurry-up” licensing and foot dragging.
“As soon as they do what they are supposed to do, submit the paperwork and we do the investigation, at the right time, permits will be issued,” he said.