Senate Bill 0674
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Florida Senate - 1998 SB 674
By Senator Latvala
19-277-98
1 A bill to be entitled
2 An act relating to bingo; amending s. 849.0931,
3 F.S.; revising provisions which regulate the
4 conduct of bingo; providing findings and
5 intent; providing definitions; providing for
6 administration and enforcement by the Division
7 of Pari-mutuel Wagering and county sheriffs and
8 municipal police; providing powers and duties
9 of the division; requiring an annual report;
10 providing requirements for the conduct of bingo
11 by charitable organizations, associational
12 organizations, and authorized organizations;
13 requiring such organizations to obtain a
14 license or certificate; providing an exception;
15 requiring lessors of premises for the conduct
16 of bingo to be licensed; providing requirements
17 relating to such lessors; providing application
18 requirements for licenses and certificates;
19 providing for fees; providing for processing of
20 applications by the division; specifying
21 license and certificate time periods; providing
22 conditions under which licenses or certificates
23 may be suspended or revoked; providing
24 restrictions on use of the proceeds; providing
25 requirements for deposit of proceeds; requiring
26 reports; providing minimum standards for the
27 conduct of bingo; providing for administrative
28 fines and criminal penalties; specifying that
29 the act does not prevent any county from
30 adopting the same or stricter regulations;
31 providing an effective date.
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 849.0931, Florida Statutes, is
4 amended to read:
5 (Substantial rewording of section. See
6 s. 849.0931, F.S., for present text.)
7 849.0931 Conduct of bingo.--
8 (1) SHORT TITLE.--This section may be cited as the
9 "Bingo Law."
10 (2) FINDINGS AND INTENT.--
11 (a) The Legislature declares that the playing of
12 bingo, although gambling, for the purpose of raising funds by
13 certain nonprofit associations, veterans' organizations, or
14 other charitable organizations, is in the public interest.
15 (b) It is the policy of the Legislature that all
16 phases of the licensing, operation, and regulation of the game
17 of bingo be strictly controlled, and that all laws and
18 regulations with respect thereto, as well as all gambling
19 laws, should be strictly construed and rigidly enforced.
20 (c) The Legislature recognizes the possibility of
21 association between commercial gambling and organized crime,
22 and wishes to discourage commercialization of the game of
23 bingo, prevent participation by organized crime, and prevent
24 the diversion of funds from the purposes authorized by this
25 section.
26 (3) DEFINITIONS.--As used in this section, unless the
27 context clearly indicates otherwise:
28 (a) "Actual business expenses" means those expenses
29 that have a direct bearing on and are necessary to the conduct
30 of a bingo game and related activities, the allocation of
31 which shall be in accordance with generally accepted
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1 accounting practices. For an organization conducting bingo on
2 premises owned by the organization, the term includes
3 equipment and supplies; accounting services for records and
4 reports; state and local license fees; advertising; cost of
5 security personnel; pro rata costs for insurance and
6 utilities, such as electricity, water, gas, sewer, and garbage
7 and trash collection, resulting from conducting a bingo game;
8 cost of refreshments provided at no cost to players and
9 volunteers; cost of prizes; and cost of creating and
10 maintaining a petty cash fund no larger than $50. For an
11 organization conducting bingo on premises not owned by the
12 organization, the term includes equipment and supplies; state
13 and local license fees; accounting services for records and
14 reports; advertising; cost of security personnel; pro rata
15 costs for insurance and utilities, such as water, sewer, gas,
16 garbage and trash collection, and electricity, resulting from
17 conducting a bingo game; cost of prizes; cost of refreshments
18 provided at no cost to players and volunteers; cost of
19 creating and maintaining a petty cash fund no larger than $50;
20 and rental charges, so long as the rental charges do not
21 exceed the fair market rental charged for similar premises in
22 the county where incurred.
23 (b) "Associational organization" means a condominium
24 association, a cooperative association, a mobile homeowners'
25 association or a group of residents of a mobile home park as
26 defined by chapter 723, or a group of residents of a mobile
27 home park or recreational vehicle park as defined by chapter
28 513.
29 (c) "Authorized organization" means an organization,
30 other than a charitable organization, that is exempt from
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1 federal income tax under s. 501(c) of the Internal Revenue
2 Code of 1986, as amended.
3 (d) "Bingo" or "bingo game" means a game in which each
4 participant pays a sum of money for the use of one or more
5 bingo cards. When the game commences, numbers are drawn by
6 chance, shown, and announced. The players cover or mark each
7 number on the bingo cards which each player has purchased
8 until a player receives a given order of numbers in sequence
9 that has been announced for that game. The player calls
10 "bingo" and is declared the winner of a predetermined prize.
11 More than one game may be played upon a bingo card, and the
12 numbers called for one game may be used for a succeeding game
13 or games.
14 (e) "Bingo card" means the flat, usually rectangular,
15 piece of paper or thin pasteboard marked off into a set of 25
16 squares arranged in five vertical rows of five squares each,
17 having no fewer than 24 numbers, letters, or combinations of
18 numbers and letters, and includes a piece of paper or
19 cardboard marked in braille. More than one set of bingo
20 numbers maybe printed on a single sheet of paper.
21 (f) "Bingo equipment" includes bingo cards, chips, or
22 markers, for use in covering the spaces on a bingo card; the
23 balls, cubes, or tiles having the letters, numbers, or
24 combinations thereof by which the squares on bingo cards are
25 denominated and used by the organization in conducting a bingo
26 game; a birdcage or similar device, whether hand operated or
27 mechanically powered, for randomizing and ejecting such balls,
28 cubes, or tiles; a master bingo layout for the display of
29 balls, cubes, or tiles ejected and called by the
30 organization's representative; or any other device, implement,
31 apparatus, or paraphernalia ordinarily or commonly used or
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1 designed to be used in the conduct of bingo; but does not
2 include tables, chairs, and similar items not specifically
3 designed for use in the conduct of bingo.
4 (g) "Charitable organization" means a nonprofit or
5 veterans' organization that has qualified for exemption from
6 federal income tax as an exempt organization under s. 501(c)
7 of the Internal Revenue Code of 1954 or s. 528 of the Internal
8 Revenue Code of 1986, as amended, and that is established for
9 any benevolent, educational, philanthropic, humane,
10 scientific, artistic, patriotic, social welfare or advocacy,
11 public health, environmental conservation, civic, or other
12 eleemosynary purpose, and that has been in existence and
13 active for a period of 3 years or more. It includes a
14 chapter, branch, area office, or similar entity performing
15 functions of the organization within the state for a
16 charitable organization which has its principal place of
17 business outside the state.
18 (h) "Charitable purpose" means any benevolent,
19 educational, philanthropic, humane, scientific, artistic,
20 patriotic, social welfare or advocacy, public health,
21 environmental conservation, civic, or other eleemosynary
22 purpose.
23 (i) "Conviction" or "convicted" includes an
24 adjudication of guilt or plea of guilty or nolo contendere or
25 the forfeiture of a bond, when a person has been charged with
26 a violation involving a theft or illegal gambling or with a
27 felony.
28 (j) "Division" means the Division of Pari-mutuel
29 Wagering of the Department of Business and Professional
30 Regulation.
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1 (k) "Entire or net proceeds" means all moneys
2 collected in exchange for the purpose of use of bingo cards,
3 admissions, and related sales, less only actual business
4 expenses.
5 (l) "Lease" includes a lease, sublease, assignment,
6 rental, or agreement to use any premises for the conduct of
7 bingo, other than premises owned by an organization and used
8 by it to conduct bingo for its own benefit.
9 (m) "Lessor" means a person or organization that
10 leases, subleases, assigns, or rents any premises to be used
11 for the conduct of bingo or agrees to the use of the premises
12 for the conduct of bingo.
13 (n) "Objects" means a set of 75 balls or other
14 precision shapes that are imprinted with letters and numbers
15 in such a way that numbers 1 through 15 are marked with the
16 letter "B," numbers 16 through 30 are marked with the letter
17 "I," numbers 31 through 45 are marked with the letter "N,"
18 numbers 46 through 60 are marked with the letter "G," and
19 numbers 61 through 75 are marked with the letter "O."
20 (o) "Organization" means a charitable organization,
21 authorized organization, or associational organization.
22 (p) "Owner" means the organization which holds legal
23 title to the premises on which a bingo game or a series of
24 bingo games is played.
25 (q) "Player" means a person who has paid some amount
26 of money for one or more bingo cards and who has some
27 expectation of receiving a prize if one or more of his or her
28 bingo cards contains a sufficient number of numbers, letters,
29 or combination of letters and numbers which are the same as
30 those announced by the caller during a bingo game.
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1 (r) "Premises" means an indoor or outdoor area used
2 for the conduct of bingo.
3 (s) "Principal officers" means the president, vice
4 president, or treasurer, or partner or limited partner, or
5 organization officers performing similar duties.
6 (t) "Prize" means cash or anything of value awarded to
7 a player of a bingo game or players in a series of bingo
8 games. A prize that is "predetermined" means a sum of money
9 that was determined before the bingo session, which sum is to
10 be made available to a bingo winner during the session.
11 (u) "Rack" means the container in which the objects
12 are placed after being drawn and announced.
13 (v) "Receptacle" means the container from which the
14 objects are drawn or ejected.
15 (w) "Session" means a single continuous sitting or
16 period of sitting of players assembled in any day or part of a
17 day.
18 (x) "Volunteer" means any individual who qualifies for
19 and has been granted membership in an organization and has
20 been a member for 3 months or more.
21 (4) ADMINISTRATION AND ENFORCEMENT.--Responsibility
22 for administration and enforcement of this section is vested
23 in the division. Responsibility for enforcement also is
24 vested in the sheriff of each individual county and the police
25 of each municipality.
26 (5) POWERS AND DUTIES.--
27 (a) The division shall have power to regulate the
28 bingo industry under this section and the rules adopted
29 pursuant thereto.
30 (b) The division shall require an oath on all
31 applications and financial reporting documents, which oath
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1 must state that the information contained in the document is
2 true and complete.
3 (c) The division may conduct investigations in
4 administering and enforcing this section.
5 (d) The division shall make an annual report to the
6 Governor showing its own actions, the practical effect of the
7 application of this section, and any suggestions it may
8 propose for the more effective accomplishment of the purpose
9 of this section.
10 (6) CONDUCT OF BINGO; LICENSE OR CERTIFICATE REQUIRED;
11 OTHER REQUIREMENTS.--
12 (a) Bingo may only be conducted as provided in this
13 section.
14 (b) It is unlawful for any organization, other than an
15 associational organization conducting a bingo game pursuant to
16 subsection (16), to conduct a bingo game unless the
17 organization holds a current license or certificate, which
18 license or certificate shall not be under suspension or
19 permanently or conditionally revoked. If the organization has
20 an annual average of 50 or more players per session, it must
21 obtain a license as provided in this section. If the
22 organization has an annual average of fewer than 50 players
23 per session it must obtain a certificate as provided in this
24 section.
25 (c) No organization shall serve as a sponsor of a
26 bingo game conducted by another or allow the use of its name
27 by any other person for the conduct of bingo.
28 (d) The members, volunteers, and any other persons
29 involved in or assisting with the conduct of any bingo game
30 shall have been active members of the organization for a
31 period of at least 3 months prior to appointment or
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1 designation to conduct bingo, and proof of the length of
2 membership shall be furnished by the organization upon demand
3 by the division. Possession by the member or volunteer or
4 other person of a valid identification or membership card
5 issued by the organization containing the date of active
6 membership and full name of the person to whom it is issued is
7 required. Each volunteer must reside in the county where the
8 bingo game is conducted, or within a 15-mile radius of where
9 the bingo game is located.
10 (e) No salary, compensation, tip, or reward in any
11 form whatsoever shall be offered, paid, or given before,
12 during, or after, directly or indirectly, to any person
13 conducting or assisting in the conduct of bingo.
14 (f) No bingo caller shall play bingo during any bingo
15 session where the caller functions in that capacity, and no
16 volunteer who is designated to function as the bingo caller
17 shall play bingo in that session.
18 (g) A volunteer may assist in the conduct of bingo for
19 no more than two organizations.
20 (7) LESSORS; LICENSE REQUIRED; OTHER REQUIREMENTS.--
21 (a) It is unlawful for a person to lease, sublease,
22 assign, or rent any premises for the conduct of bingo or agree
23 to the use of any premises for the conduct of bingo, unless
24 that person has a current license under this section, which
25 license is not under suspension or permanently or
26 conditionally revoked.
27 (b) No lessor and no officer, director, stockholder,
28 employee, or any other person having an interest in the lessor
29 shall conduct, assist, or participate in the conduct of bingo
30 or render any service or offer, distribute, or give anything
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1 of value to anyone conducting, assisting, or participating in
2 the conduct of bingo.
3 (c) A lessor shall have the same deposit and
4 recordkeeping requirements with respect to all rental charges
5 collected from organizations that conduct bingo on his or her
6 premises as are imposed on organizations by this section.
7 (8) LICENSE OR CERTIFICATE APPLICATION; FEE;
8 CONTENTS.--A lessor or organization desiring to obtain a
9 license or certificate to conduct bingo or to lease property
10 where bingo may be played shall file an application and
11 execute an oath. Each application shall be accompanied by a
12 nonrefundable fee of $150. The application shall contain at
13 least the following information:
14 (a) If the applicant is an individual, the
15 individual's full name, date of birth, any aliases, current
16 residence address, and social security number.
17 (b) If the applicant is an unincorporated
18 organization, its full name, any fictitious name filing, and
19 the names, dates of birth, social security numbers, and
20 residence addresses of its principal officers.
21 (c) If the applicant is a corporation, the exact
22 corporate name and state or states of incorporation, and the
23 name, date of birth, social security number, and residence
24 address of each officer and member of the board of directors.
25 (d) If any individual listed in paragraph (a),
26 paragraph (b), or paragraph (c) is a naturalized citizen, the
27 date and place of naturalization.
28 (e) Whether the applicant has any other license or
29 certificate issued by any other county, state, or other
30 jurisdiction, including whether or not such license or
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1 certificate has been revoked or suspended, and the date any
2 revocation or suspension took place.
3 (f) The name of each bank in which the net proceeds
4 from the conduct of bingo, or fees or rent from the lease of
5 any premises for the conduct of bingo, are to be deposited.
6 (g) The days of the week on which bingo games are to
7 be conducted or premises rented or used to conduct bingo.
8 (h) The street address and ownership of the premises
9 for which the license is sought, if applicable.
10 (i) A form authorizing the division to inspect all
11 books or records of the applicant within 24 hours of any bingo
12 game.
13 (j) Copies of all leases, subleases, or use agreements
14 to be used by any lessor.
15 (k) A notarized statement certifying that all
16 information contained in the application and any submittals or
17 attachments thereto are true and that the applicant
18 understands that any misstatement of material fact in the
19 application will result in denial of the application.
20 (9) PROCESSING APPLICATIONS.--Upon receipt of a
21 properly completed and filed application for a license or
22 certificate as required by this section and upon payment of
23 the application fee, the division shall perform an
24 investigation to determine the eligibility of the applicant to
25 be issued a license or certificate. Within 7 days following
26 completion of the investigation, the division shall determine
27 if the applicant is qualified. If the division determines the
28 applicant is qualified, it shall issue the license or
29 certificate. If the division determines that corrective or
30 remedial action by the applicant is necessary to qualify for a
31 license or certificate, the division shall notify the
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1 applicant and afford the applicant 14 days in which to
2 accomplish such corrective or remedial steps. If the
3 application is denied, the division shall notify the
4 applicant, and the applicant shall have the right to appeal
5 such denial pursuant to chapter 120.
6 (10) LICENSE AND CERTIFICATE TIME PERIODS.--
7 (a) All licenses issued under this section shall
8 expire on September 30 of each year. Renewal of a license
9 shall involve the same process that was undertaken to obtain a
10 license.
11 (b) All certificates issued under this section shall
12 be valid for a period of 2 years and shall expire on September
13 30 of the second year. Renewal of a certificate shall involve
14 the same process that was undertaken to obtain the
15 certificate.
16 (11) SUSPENSION OR REVOCATION.--
17 (a) The division is authorized to suspend or revoke a
18 license or certificate issued under this section when it is
19 determined, after hearing, that:
20 1. An organization or lessor has been convicted of
21 violating this section.
22 2. An organization or its principal officers,
23 servants, employees, members, or volunteers, while conducting
24 or assisting in the conduct of a bingo game, gave, offered, or
25 distributed any service or thing of value to encourage or
26 entice participation in the play of any bingo game.
27 3. An organization or lessor offered, paid, or gave
28 any salary, compensation, tip, or reward in any form
29 whatsoever, directly or indirectly, to any person or volunteer
30 conducting or assisting in the conduct of bingo.
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1 4. An organization or lessor failed to keep the
2 records or make the deposits required by this section, or
3 refused to make its records available for inspection.
4 5. A lessor made his or her premises available for the
5 conduct of bingo in a manner that was not strictly in accord
6 with this section and any rules adopted thereunder.
7 6. An organization or lessor or any agent or employee
8 thereof has violated any provision of this section or any rule
9 adopted thereunder.
10 (b) The division shall establish a hearing procedure
11 by rule to govern the suspension or revocation of any license
12 or certificate granted under this section.
13 (c) Any order of suspension or revocation shall be
14 subject to appeal as provided in chapter 120.
15 (12) PROCEEDS; USE; DEPOSIT; RECORDS AND REPORTS.--
16 (a) Proceeds derived from the conduct of bingo by an
17 organization, less actual business expenses, including those
18 sums paid out as prizes, may only be used for those charitable
19 purposes which the organization was created to accomplish.
20 (b) The entire proceeds derived from the conduct of
21 bingo by an organization shall be deposited either at the
22 conclusion of each day of play or within 24 hours of play in a
23 checking account in a bank located within the county where the
24 organization is located. Such account shall be maintained
25 separate and apart from all other accounts of the
26 organization, and shall not be used for the deposit of funds
27 received from any other activity. Two of the principal
28 officers of the organization shall be required to sign all
29 checks, drafts, and other instruments withdrawing or
30 transferring funds from the account.
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1 (c) Annually, or more frequently if the division
2 requires, each organization shall file with the division a
3 financial statement, on a form prescribed by the division,
4 which shall at least contain the sources and the amount of
5 gross revenue derived by the organization from the conduct of
6 bingo during the period for which the statement is being
7 filed. The statement shall be certified as correct by a
8 principal officer or one who controls the organization. The
9 statement need not be audited.
10 (13) CONDUCT OF BINGO; STANDARDS.--The division shall
11 adopt rules providing for the conduct of bingo, including the
12 time, manner, and equipment that may be used, except that such
13 rules shall include the following standards:
14 (a) Bingo shall not be conducted between the hours of
15 12 midnight and 9 a.m.
16 (b) No organization may conduct bingo more than 2 days
17 during any calendar week. In any one location, only one
18 session may be conducted by any organization in any 24-hour
19 period.
20 (c) No jackpot shall exceed the value of $250 in
21 actual money or its equivalent, and there shall be no more
22 than three jackpots in any session. All other game prizes
23 shall not exceed $50.
24 (d) All winners shall be determined and all prizes
25 shall be awarded within the session during which the game is
26 played.
27 (e) Use of a computerized bingo card or use of a
28 computer to conduct a bingo game in any way is prohibited.
29 (f) No supplier of merchandise and no person who has
30 been convicted of a felony or a violation of this section
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1 shall have a pecuniary interest in the operation or proceeds
2 of a bingo game.
3 (g) No one under 18 years of age shall be allowed in
4 any place where bingo is being played.
5 (h) In determining a winner, the caller shall ask
6 whether there are other winners. If there is no reply, the
7 caller shall declare the game closed. No other player shall
8 share in any prize unless such player has declared a bingo
9 prior to the game being closed.
10 (i) Seats at a bingo session may not be held or
11 reserved by any organization or person involved in the conduct
12 of any bingo game for players not present, nor may cards be
13 set aside, held, or reserved from one session to another for
14 any player.
15 (j) Prior to the commencement of any session the
16 member in charge shall cause a verification to be made of all
17 objects to be placed in receptacles and shall inspect the
18 objects in the presence of a disinterested person to ensure
19 that all objects are present and that there are no duplicates
20 or omissions on the objects. Any player shall be entitled to
21 call for a verification of numbers before, during, and after a
22 session.
23 (k) The card or sheet on which a game is played shall
24 be part of a deck, group, or series, no two of which may be
25 alike in a given game.
26 (l) All numbers shall be visibly displayed after being
27 drawn and before being placed in the rack.
28 (m) A bona fide bingo shall consist of a predesignated
29 arrangement of numbers on a card or sheet that correspond with
30 the numbers on the objects drawn from the receptacle and
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1 announced. Errors in the numbers announced or misplaced in
2 the rack may not be recognized as a bingo.
3 (n) When the caller has started to announce a number,
4 he or she shall complete the call. If any player has obtained
5 a bingo on a previous number, such player will share the prize
6 with the player who gained a bingo on the last number called.
7 (o) The numbers on the winning card or sheet shall be
8 announced and verified in the presence of another player. Any
9 player shall be entitled, at the time a winner is determined,
10 to call for a verification of numbers drawn. The verification
11 shall be in the presence of the member designated to be in
12 charge of the occasion or if such person is also the caller,
13 then in the presence of an officer of the organization.
14 (14) FINES AND PENALTIES.--
15 (a) The division may impose an administrative fine for
16 a violation of this section of not more than $1,000 for each
17 separate offense, and may suspend or revoke any license or
18 certificate for violation of this section.
19 (b) Any person who knowingly and willfully violates
20 any provision of this section commits a misdemeanor of the
21 first degree, punishable as provided in s. 775.082 or s.
22 775.083. For a second or subsequent offense, such person
23 commits a felony of the third degree, punishable as provided
24 in s. 775.082, s. 775.083, or s. 775.084.
25 (15) NO PREEMPTION.--This section does not preempt or
26 prevent any county from adopting an ordinance with the same or
27 stricter regulations. Any county that has such an ordinance
28 in effect on the effective date of this section shall be
29 entitled to continue under that ordinance, there being no
30 intent to preempt or repeal such ordinances by adoption of
31 this section.
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1 (16) CONDUCT OF BINGO; ASSOCIATIONAL ORGANIZATION.--An
2 associational organization may conduct bingo, exempt from the
3 provisions of this section and any local ordinance,
4 conditioned upon the return of the net proceeds from such
5 games to players in the form of prizes, after having deducted
6 the actual business expenses for such games for articles
7 designed for and essential to the operation, conduct, and
8 playing of bingo. Any net proceeds remaining after paying
9 prizes may be donated by the association to a charitable,
10 nonprofit, or veterans' organization that is exempt from
11 federal income tax under the provisions of s. 501(c) of the
12 Internal Revenue Code, to be used in the recipient
13 organization's charitable, civic, community, benevolent,
14 religious, or scholastic works on similar activities.
15 Section 2. This act shall take effect October 1, 1998.
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18 LEGISLATIVE SUMMARY
19 Revises provisions which regulate the conduct of bingo.
Provides for administration and enforcement by the
20 Division of Pari-mutuel Wagering and county sheriffs and
municipal police. Provides powers and duties of the
21 division. Provides requirements for the conduct of bingo
by charitable organizations, associational organizations,
22 and authorized organizations. Requires such
organizations to obtain a license or certificate.
23 Provides that an associational organization may conduct
bingo under certain conditions and not be required to
24 obtain a license or to comply with other provisions of
the act. Requires lessors of premises for the conduct of
25 bingo to be licensed and provides requirements relating
to such lessors. Provides application requirements for
26 licenses and certificates and provides for fees.
Provides for processing of applications by the division.
27 Specifies license and certificate time periods. Provides
conditions under which licenses or certificates may be
28 suspended or revoked. Provides restrictions on use of
the proceeds. Provides requirements for deposit of
29 proceeds. Requires reports. Provides minimum standards
for the conduct of bingo. Provides for administrative
30 fines and criminal penalties. Specifies that the act
does not prevent any county from adopting the same or
31 stricter regulations.
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