§ 10-61. Confiscation of money and other things of value.

(a)

Except when a bingo or instant bingo game is being conducted by a charitable organization, authorized organization or associational group or organization having the appropriate license upon premises owned by the charitable organization, authorized organization or associational group or organization or leased from a lessor having the appropriate license, neither of which licenses is under suspension or permanently or conditionally revoked, all money or other things of value taken in by or in the possession of the charitable organization, authorized organization or associational group or organization from activities relating to an unlawful bingo or instant bingo game is unlawful and shall be subject to confiscation and forfeiture as provided in this section. The right of property in and to any such money or other things of value is declared not to exist in any person.

(b)

All money or other things of value found by the sheriff or by a law enforcement officer in the office of the sheriff in the possession of its representative or any person assisting in the conduct of any unlawful bingo or instant bingo game, which money or other things of value were or appear to have been derived from admissions, sales of bingo cards, instant bingo tickets, sales of food and beverages, concession payments and other activities in connection with the conduct of the unlawful bingo or instant bingo game, shall be seized and retained in the custody of the sheriff. The sheriff shall make a return thereof, listing the items seized and, if any of such items is not money, the approximate value thereof and shall file the return with the county attorney. Upon receipt of the sheriff's return, the county attorney shall petition the appropriate court for forfeiture of the money or other things of value.

(c)

All moneys and other things of value, or the proceeds from the sale of such things of value if a sale is ordered by the court shall be placed into the general fund as miscellaneous receipts or otherwise disposed of as ordered by the court.

(Code 1970, § 16½-112; Ord. No. 92-15, § 32, 10-27-92; Ord. No. 08-40, § 1, 9-23-08)