Text: SF00462 Text: SF00464 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 99B.1, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 19A. "Person" means an individual, 1 4 partnership, limited liability company, society, association, 1 5 joint-stock company, corporation, estate, receiver, lessee, 1 6 trustee, assignee, referee, or an entity acting in a fiduciary 1 7 or representative capacity, whether or not appointed by a 1 8 court or otherwise, or any combination of individuals. 1 9 Sec. 2. Section 99B.1, Code 2001, is amended by adding the 1 10 following new subsection: 1 11 NEW SUBSECTION. 22A. "Slot machine" means a mechanical, 1 12 electronic, or video gambling device into which a player 1 13 deposits coins, tokens, or currency and from which certain 1 14 credits, tickets, tokens, toys, or coins are paid out when a 1 15 particular, random configuration of symbols appears on the 1 16 reels, simulated reels, or screen of the device. A slot 1 17 machine may have a lever, buttons, or other means to activate 1 18 or stop the play. A skill stop machine or a pachislo machine 1 19 is a slot machine. 1 20 Sec. 3. Section 99B.2, subsection 3, paragraph e, Code 1 21 2001, is amended to read as follows: 1 22 e. Except as permitted by subsection 3, paragraph "a", 1 23 gross receipts derived from the conduct of bingo shall not be 1 24 commingled with other funds of the licensed organization. 1 25Except as permitted by paragraph "c", subparagraphs (3) and1 26(4), gross receipts shall not be transferred to another1 27account maintained by the licensed organization.1 28 Sec. 4. Section 99B.6, Code 2001, is amended by adding the 1 29 following new subsection: 1 30 NEW SUBSECTION. 7A. With the exception of backgammon or 1 31 other similar board games specified by rule of the department, 1 32 any game involving the use of dice is prohibited. 1 33 Sec. 5. Section 99B.7, subsection 1, paragraph c, 1 34 unnumbered paragraph 1, Code 2001, is amended to read as 1 35 follows: 2 1 Cash or merchandise prizes may be awarded in the game of 2 2 bingo and, except as otherwise provided in this paragraph, 2 3 shall not exceed one hundred dollars. Merchandise prizes may 2 4 be awarded in the game of bingo, but the actual retail value 2 5 of the prize, or if the prize consists of more than one item, 2 6 unit or part, the aggregate retail value of all items, units 2 7 or parts, shall not exceed the maximum provided by this 2 8 paragraph. A bingo licensee may conduct one jackpot game per 2 9 bingo occasion and may only conduct one jackpot game at a 2 10 time. In a jackpot bingo game,may be conducted once during2 11any twenty-four hour period in whichthe prize may begin at 2 12 not more than three hundred dollars in cash or actual retail 2 13 value of merchandise prizes and may be increased by not more 2 14 than one hundred dollars after each bingo occasion. However, 2 15 the cost of play in a jackpot bingo game shall not be 2 16 increased and the jackpot shall not amount to more thaneight2 17 one thousand two hundred dollars in cash or actual retail 2 18 value of merchandise prizes. A jackpot bingo game is not 2 19 prohibited by paragraph "h". A bingo occasion shall not last 2 20 for longer than four consecutive hours. A qualified 2 21 organization shall not hold more than fourteen bingo occasions 2 22 per month. Bingo occasions held under a limited license shall 2 23 not be counted in determining whether a qualified organization 2 24 has conducted more than fourteen bingo occasions per month, 2 25 nor shall bingo occasions held under a limited license be 2 26 limited to four consecutive hours. With the exception of a 2 27 limited license bingo, no more than three bingo occasions per 2 28 week shall be held within a structure or building and only one 2 29 person licensed to conduct games under this section may hold 2 30 bingo occasions within a structure or building. A licensed 2 31 qualified organization shall not conduct free games. 2 32 Sec. 6. Section 99B.7, subsection 1, paragraph l, 2 33 subparagraph (2), Code 2001, is amended to read as follows: 2 34 (2) No free prize or other gift is given to a participant. 2 35 However, at a bingo occasion one or more door prizes of a 3 1 value not to exceed ten dollars each may be given by random 3 2 drawing. Bingo cards or games shall not be given away free or 3 3 as a door prize. 3 4 Sec. 7. Section 99B.7, subsection 1, paragraph m, 3 5 subparagraph (1), Code 2001, is amended to read as follows: 3 6 (1) The organization iseligible for exemptionexempt from 3 7 federal income taxes under section 501(c)(3), 501(c)(4), 3 8 501(c)(5), 501(c)(6), 501(c)(7), 501(c)(8), 501(c)(10), or 3 9 501(c)(19) of the Internal Revenue Code as defined in section 3 10 422.3, the organization is an agency or instrumentality of the 3 11 United States government, this state, or a political 3 12 subdivision of this state, or, in lieu ofeligibility forthe 3 13 exemption from federal income taxes, the organization is a 3 14 parent-teacher organization or booster club that is recognized 3 15 as a fund-raiser and supporter for a school district organized 3 16 pursuant to chapter 274 or for a school within the school 3 17 district, in a notarized letter signed by the president of the 3 18 board of directors, the superintendent of the school district, 3 19 or a principal of a school within that school district. 3 20 Sec. 8. Section 99B.7, subsection 3, paragraph c, 3 21 unnumbered paragraph 1, Code 2001, is amended to read as 3 22 follows: 3 23 A qualified organization shall distribute amounts awarded 3 24 as prizes on the day they are won. A qualified organization 3 25 shall dedicate and distribute the balance of the net receipts 3 26 received within a quarter and remaining after deduction of 3 27 reasonable expenses, charges, fees, taxes, and deductions 3 28 allowed by this chapter, before the quarterly report required3 29for that quarter under section 99B.2, subsection 4, is due3 30 within thirty days following the end of each calendar quarter 3 31 during which the gambling occurred. The amount dedicated and 3 32 distributed must equal at least seventy-five percent of the 3 33 net receipts. A person desiring to hold the net receipts for 3 34 a period longer than permitted under this paragraph shall 3 35 apply to the department for special permission and upon good 4 1 cause shown the department may grant the request. 4 2 Sec. 9. Section 99B.7, subsection 4, Code 2001, is amended 4 3 to read as follows: 4 4 4. If, during a calendar quarter, a licensee derives 4 5 ninety percent or more of its total income from conducting 4 6 bingo, raffles, or small games of chance, at least seventy- 4 7 five percent of the licensee's net receipts for the calendar 4 8 quarter shall be distributed to an unrelated entity for an 4 9 educational, civic, public, charitable, patriotic, or 4 10 religious use. This subsection shall not apply to a licensee 4 11 with gross gambling receipts of less than seventy-five 4 12 thousand dollars in a calendar quarter. 4 13 Sec. 10. Section 99B.7, subsection 7, paragraph a, Code 4 14 2001, is amended to read as follows: 4 15 a. Except as provided in this paragraph, a person shall 4 16 not be compensated for services rendered in connection with a 4 17 game of skill, game of chance, or raffle conducted under this 4 18 section. This section forbids payment of compensation to 4 19 persons including, but not limited to, managers, callers, 4 20 cashiers, floor workers, janitorial personnel, accountants and 4 21 bookkeepers. The privilege of selling merchandise on the 4 22 premises during a bingo occasion is deemed to be compensation. 4 23 However, not more than fourpersonsfloor workers per one 4 24 hundred players, participating in the bingo occasion may be 4 25 employed. An employee under this paragraph need not be a 4 26 member of the qualified organization or a regular participant 4 27 in the activities of the qualified organization or in an 4 28 educational, civic, public, charitable, patriotic, or 4 29 religious organization to which the net receipts are dedicated 4 30 by the qualified organization. The wages of an employee shall 4 31 not exceed the federal minimum wage. This section does not 4 32 prohibit the employment of one or more individuals to serve as 4 33 security officers. A person who knowingly pays or receives 4 34 compensation in violation of this section commits a fraudulent 4 35 practice. 5 1 Sec. 11. Section 99B.7A, Code 2001, is amended to read as 5 2 follows: 5 3 99B.7A MANUFACTURERS AND DISTRIBUTORS OF BINGO EQUIPMENT 5 4 AND SUPPLIES – LICENSE – RECORDS. 5 5 1. A person shall not engage in business as a manufacturer 5 6 or a distributor of bingo equipment and supplies in this state 5 7 without first obtaining a license from the department. Upon 5 8 receipt of an application and a fee of one thousand dollars 5 9 for a manufacturer's license or a fee of five hundred dollars 5 10 for a distributor's license, the department shall issue an 5 11 annual license as applicable. The application shall be 5 12 submitted on forms furnished by the department and contain the 5 13 information required by rule of the department. A license may 5 14 be renewed annually upon payment of the annual license fee and 5 15 compliance with this chapter. 5 16 2. A licensed distributor shall keep a complete set of 5 17 records which shall include all details of all activities of 5 18 the distributor related to the conduct of the licensed 5 19 activity as may be required by the department, including the 5 20 quantities and types of all bingo equipment and supplies 5 21 purchased and sold. The records shall be available upon 5 22 request for inspection by the department. All records 5 23 required by the department shall be maintained for at least 5 24 three years after the last day of the distributor's fiscal 5 25 year. 5 26 3. The department may require by rule periodic reporting 5 27 from a licensed distributor relative to the distributor's 5 28 bingo activities in this state. 5 29 Sec. 12. Section 99B.8, subsection 1, unnumbered paragraph 5 30 1, Code 2001, is amended to read as follows: 5 31 Games of skill, games of chance, card games, andraffles5 32 casino-type games other than slot machines lawfully may be 5 33 conducted during a period of twelve consecutive hours once 5 34 each year by any person. The gamesor rafflesmay be 5 35 conducted at any location except one for which a license is 6 1 required pursuant to section 99B.3 or section 99B.5, but only 6 2if all of the following are complied withupon compliance with 6 3 all of the following requirements: 6 4 Sec. 13. Section 99B.8, subsection 1, paragraphs c and e, 6 5 Code 2001, are amended to read as follows: 6 6 c. No participant pays any consideration of any nature, 6 7 either directly or indirectly, to participate in the gamesor6 8raffles. 6 9 e. The person conducting the gameor rafflereceives no 6 10 consideration, either directly or indirectly, other than good 6 11 will. 6 12 Sec. 14. Section 99B.8, subsections 2 and 5, Code 2001, 6 13 are amended to read as follows: 6 14 2. The other provisions of this section notwithstanding, 6 15 if the gamesor rafflesare conducted by a qualified 6 16 organization also licensed under section 99B.7, the sponsor 6 17 may charge an entrance fee or a fee to participate in the 6 18 gamesor raffles, and participants may wager their own funds 6 19 and pay an entrance or other fee for participation, provided 6 20 that a participant may not expend more than a total of fifty 6 21 dollars for all fees and wagers. The provisions of section 6 22 99B.7, subsection 3, paragraphs "b" and "c", shall apply to 6 23 gamesand rafflesconducted by a qualified organization 6 24 pursuant to this section. 6 25 5. However, notwithstanding subsection 1, paragraphs "b" 6 26 and "c", if the gamesor rafflesare conducted by a qualified 6 27 organization issued a license pursuant to subsection 3, the 6 28 sponsor may charge an entrance fee to a participant and the 6 29 sponsor need not have a bona fide social relationship with the 6 30 participant. 6 31 Sec. 15. Section 99B.10, Code 2001, is amended by adding 6 32 the following new unnumbered paragraph: 6 33 NEW UNNUMBERED PARAGRAPH. The use of a slot machine or 6 34 gambling device approved for use at an excursion gambling boat 6 35 or racetrack as an amusement device is prohibited and shall be 7 1 considered illegal gambling under section 725.9. 7 2 Sec. 16. Section 99B.11, subsection 2, paragraph a, Code 7 3 2001, is amended to read as follows: 7 4 a. Athletic or sporting contests, leagues or tournaments, 7 5 rodeos, horse shows, golf, bowling, trap or skeet shoots, fly 7 6 casting, tractor pulling, rifle, pistol, musket, muzzle- 7 7 loader, pool, darts, archery and horseshoe contests, leagues 7 8 or tournaments. 7 9 Sec. 17. Section 99B.12, subsection 2, paragraph a, Code 7 10 2001, is amended to read as follows: 7 11 a. Card and parlor games, including but not limited to 7 12 poker, pinochle, pitch, gin rummy, bridge, euchre, hearts, 7 13 cribbage, dominoes, checkers, chess, backgammon, pool, and 7 14 darts. However, it shall be unlawful gambling for any person 7 15 to engage in bookmaking, or to play any punchboard, pushcard, 7 16 pull-tab or slot machine, or to play craps, chuck-a-luck, 7 17 roulette, klondike, blackjack, chemin de fer, baccarat, faro, 7 18 equality, three-card monte or any other game, except poker, 7 19 which is customarily played in gambling casinos and in which 7 20 the house customarily provides a banker, dealer or croupier to 7 21 operate the game, or a specially designed table upon which to 7 22 play same. 7 23 Sec. 18. Section 99B.15, Code 2001, is amended to read as 7 24 follows: 7 25 99B.15 APPLICABILITY OF CHAPTER –PENALTYPENALTIES. 7 26 1. It is the intent and purpose of this chapter to 7 27 authorize gambling in this state only to the extent 7 28 specifically permitted by a section of this chapter or chapter 7 29 99D, 99E, or 99F. Except as otherwise provided in this 7 30 chapter, the knowing failure of any person to comply with the 7 31 limitations imposed by this chapter constitutes unlawful 7 32 gambling, a serious misdemeanor. 7 33 2. If the department determines that a licensee under this 7 34 chapter is in violation of any provision of this chapter or 7 35 rules adopted pursuant to this chapter, the department may 8 1 impose on the licensee a civil penalty of up to five thousand 8 2 dollars for each violation. Notwithstanding section 8.33, 8 3 civil penalties imposed and collected by the department under 8 4 this chapter shall not revert to the general fund of the 8 5 state. The moneys from the civil penalties are appropriated 8 6 for use by the department for the regulation and enforcement 8 7 of this chapter. 8 8 Sec. 19. Section 99B.18, unnumbered paragraph 1, Code 8 9 2001, is amended to read as follows: 8 10 Games of skill, games of chance, and card gamesand raffles8 11 may be conducted on premises either licensed or unlicensed and 8 12 no license fee shall be required therefore provided a bona 8 13 fide social, employment, trade or professional association 8 14 relationship exists between the sponsors and the participants 8 15 and the participants pay no consideration of any nature, 8 16 either directly or indirectly, to participate in the gamesor8 17raffles, and only play money or other items of no intrinsic 8 18 value which may be wagered are provided to the participant 8 19 free, and the sponsor conducting the gameor rafflereceives 8 20 no consideration, either directly or indirectly, other than 8 21 goodwill. 8 22 SF 463 8 23 tj/cc/26
Text: SF00462 Text: SF00464 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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