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Awarding of Bingo operation in limbo • Repeal of law prohibits Mayor Sablan to issue license
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Posted on Jun 29 1999
Saipan Mayor Jose C. Sablan suddenly found himself in deep trouble after he pushed through with the bidding of Bingo operation on June 22, 1999 without waiting for the legal opinion of the Attorney General’s Office.
The bidding came ahead of the legal opinion issued by Assistant Attorney General Alvin A. Horne, which prohibits the issuance of Bingo license because the law governing the operation of this gambling activity no longer exist.
When the Saipan Cockfighting Act of 1994 repealed Chapter 3 of the Saipan Municipal Code on Cockfighting, it inadvertently nullified the provisions regarding Bingo and Bato activities. The measure went into effect on May 11, 1995.
According to Horne, the Mayor’s Office cannot rely on the provisions of the Municipal Code in regulating Bingo or Bato licenses since these no longer exist. The legislature did not pass a new law that would govern the licensing of these two activities when Sections 22-25 of Chapter 3 of the Municipal Code on Cockfighting were repealed.
In lieu of the repealed local law, the Mayor’s Office passed a Municipal Ordinance, which provided an extension clause for Bingo licenses not to exceed two years. However, the ordinance failed to amend the procedural provisions in obtaining the Bingo licenses.
The AGO maintains that a local law cannot override the repeal of the Chapter 3 of Municipal Code on Cockfighting by the Legislature.
Horne apologized for the delay in responding to the mayor’s request made a year ago. Acting Mayor David Igitol had sent a letter to Acting Attorney General Sally Pfund on June 17, 1998 seeking clarification on the local law. Another letter was sent to Acting Attorney General Maya Kara by Sablan, pressing her for advice on the issue.
This time, the Mayor’s Office could not wait any longer. The bidding was announced and held last week. JM & Associates won the bid to run and operate bingo activities on Saipan for $20,000.
