Text of Commission's Technical Standards Amendment

STATE OF ALABAMA
COUNTY OF ETOWAH

SECOND RESOLUTION TO AMEND THE TECHNICAL STANDARDS OF GOVERNING
LEGAL BINGO IN ETOWAH COUNTY

Whereas, the Etowah County Commission has previously adopted Technical Standards Governing Legal Bingo in Etowah County on the 2nd day of June, 2009; and

Whereas, the Technical Standards were amended by action of the Etowah County Commission on the 29th day of September, 2009; and

Whereas, these standard were adopted prior to any court action that addressed the standards for the playing of legal bingo; and

Whereas, Etowah County's Technical Standards Governing Legal Bingo was previously adopted with the following language:

SECTION - GENERAL, PAGE 1

Bingo or Bingo Games shall mean any game (whether or not electronic, computer or other technologic aids are used in conjunction therewith), which incorporate the following elements: (a) Is played for prizes, including monetary prizes, with cards bearing numbers or other designations (b) Cards consist of a grid of five (5) horizontal and five (5) vertical spaces; (c) Each square in a grid must be designated by a number or other symbol contained in a collection of numbers or symbols used for playing the game; (d) Number or symbols are selected for each game by a procedure or mechanism entirely driven by chance. (e) The holder of the card covers such numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined. (f) A game is won by the first player(s) covering for which a previously designated patern or arrangement on such cards is first covered or marked; (g) two or more players must compete against one another for Prices; (h) Game outcomes may be displayed by means of alternative entertaining displays. These entertaining displays must not affect game play.

and

Whereas, the Alabama Supreme Court has ruled as a matter of law in the case of Barber cv Cornerstone Community Outreach -- So. 3d --, 2009 WL 3805712, Ala., November 13, 2009 (NO. 1080805, 1080806) that bingo in any form shall meet specific criteria, and

Whereas, the Etowah County Commission reaffirms that any form of bingo played in Etowah County shall be a legal form of bingo, now

Therefore be it resolved that the Etowah County Commmission desires to amend its Technical Standards Governing Legal Bingo in Etowah County by deleting the language referenced above under Section - General, page 1, and adopt the following replacement language for that Section:

Bingo or Bingo Games shall mean any game (whether or not electronic, computer or other technologic aids are used in conjunction therewith), which incorporate the following elements:

(a) Each player uses one or more cards with spaces arranged in five columns and five rows, with an alphanumeric or similar designation assigned to each space. (b) Alphanumeric or similar designations are randomly drawn and announced one by one. (c) In order to play, each player must pay attention to the values anounced: if one of the values matches a value on one or more of the player's cards, the player must physically act by marking his o her card accordingly. (d) A player can fail to pay proper attention or to properly mark his or her card, and thereby miss an opportunity to be declared a winner. (e) A Player must recognize that his or her card has a "bingo", i.e., a predetermined pattern of matching values, and in turn announce to the other players and the announcer that this is the case before any other player does so. (f) The game of bingo contemplates a group activity in which multiple players compete against each other to be the first or properly mark a card with the predetermined winning pattern and announce that fact.

To the extent that any other term or provision of the Technical Standards Governing Legal Bingo in Etowah County, as heretofore amended, conflicts with this Second Amendment, said term or provision is held for naught and deemed inapplicable.

Adopted this 8th day of February, 2010.

Signed:

Jimmie L. McKee, Commissioner, District 1

Perry W. Gwin, President, Commissioner, District 2

Jeff Overstreet, Commissioner, District 4

Willie F. Brown, Commissioner, District 5

Tim N. Choate, Commissioner, District 6.

ATTEST:

J. Patrick Simms, Chief Executive Officer