Senate File 2224 - Introduced



                                   SENATE FILE       
                                   BY  BOLKCOM, HAHN, HANCOCK, ZAUN,
                                       ZIEMAN, RAGAN, DOTZLER,
                                       DEARDEN, and WIECK


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act concerning the licensure, operation, and taxation of card
  2    game tournaments and allowable prizes at annual game nights.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5903SS 81
  5 ec/sh/8

PAG LIN



  1  1    Section 1.  Section 99B.1, Code 2005, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  8A.  "Card game" includes cribbage,
  1  4 bridge, pinochle, hearts, spades, euchre, poker, and other
  1  5 similar card games.
  1  6    Sec. 2.  Section 99B.1, subsection 25, Code 2005, is
  1  7 amended to read as follows:
  1  8    25.  "Qualified organization" means any licensed
  1  9 organization which dedicates the net receipts of a game of
  1 10 skill, game of chance, or raffle as provided in section 99B.7
  1 11 or complies with the requirements for conducting a card game
  1 12 tournament as provided in section 99B.7B, and meets the
  1 13 requirements of section 99B.7, subsection 1, paragraph "m".
  1 14    Sec. 3.  Section 99B.6, subsection 1, paragraph k, Code
  1 15 2005, is amended to read as follows:
  1 16    k.  A person under the age of twenty=one years shall not
  1 17 participate in the gambling except pursuant to sections 99B.3,
  1 18 99B.4, 99B.5, and 99B.7, and 99B.7B.  Any licensee knowingly
  1 19 allowing a person under the age of twenty=one to participate
  1 20 in the gambling prohibited by this paragraph or any person
  1 21 knowingly participating in gambling with a person under the
  1 22 age of twenty=one, is guilty of a simple misdemeanor.
  1 23    Sec. 4.  Section 99B.6, subsection 6, Code 2005, is amended
  1 24 to read as follows:
  1 25    6.  A qualified organization may conduct games of skill,
  1 26 games of chance, or raffles pursuant to section 99B.7, or a
  1 27 card game tournament pursuant to section 99B.7B, in an
  1 28 establishment that serves or sells alcoholic beverages, wine,
  1 29 or beer as defined in section 123.3 if the games or raffles
  1 30 are conducted pursuant to this chapter or rules adopted
  1 31 pursuant to this chapter.
  1 32    Sec. 5.  NEW SECTION.  99B.7B  CARD GAME TOURNAMENTS
  1 33 CONDUCTED BY QUALIFIED ORGANIZATIONS.
  1 34    1.  Except as otherwise provided in section 99B.8, card
  1 35 game tournaments lawfully may be conducted by a qualified
  2  1 organization if all of the following are complied with:
  2  2    a.  The organization conducting the card game tournament
  2  3 has been issued a license pursuant to subsection 3 and
  2  4 prominently displays that license in the playing area of the
  2  5 card game tournament.
  2  6    b.  The card games to be conducted during a card game
  2  7 tournament, including the rules of each card game and how
  2  8 winners are determined, shall be displayed prominently in the
  2  9 playing area of the card game tournament.  Each card game
  2 10 shall be conducted in a fair and honest manner and shall not
  2 11 be operated on a build=up or pyramid basis.  Every participant
  2 12 in a card game tournament must be given the same chances of
  2 13 winning the tournament and shall not be allowed any second
  2 14 chance entries or multiple entries in the card game
  2 15 tournament.
  2 16    c.  Participation in a card game tournament conducted by a
  2 17 qualified organization shall be open to the public.  The cost
  2 18 to participate in a card game tournament shall be limited to
  2 19 fifty dollars and shall be the same for every participant in
  2 20 the card game tournament.  Participants in a card game
  2 21 tournament shall be at least eighteen years of age.
  2 22    d.  Cash or merchandise prizes may be awarded during a card
  2 23 game tournament and shall not exceed one thousand dollars.  A
  2 24 qualified organization shall distribute amounts awarded as
  2 25 prizes on the day they are won and merchandise prizes shall
  2 26 not be repurchased.  An organization conducting a card game
  2 27 tournament shall only display prizes in the playing area of
  2 28 the card game tournament that can be won.
  2 29    e.  No person receives or has any fixed or contingent right
  2 30 to receive, directly or indirectly, any profit, remuneration,
  2 31 or compensation from or related to a game in a card game
  2 32 tournament, except any amount which the person may win as a
  2 33 participant on the same basis as the other participants.
  2 34    f.  A qualified organization shall not hold more than
  2 35 fifteen card game tournaments per month.  Card game
  3  1 tournaments held under an annual game night license shall not
  3  2 count towards the limit of fifteen card game tournaments per
  3  3 month.  With the exception of an annual game night license, no
  3  4 more than three card game tournaments per week shall be held
  3  5 within a structure or building and only one qualified
  3  6 organization licensed to conduct card game tournaments under
  3  7 this section may hold card game tournaments within a structure
  3  8 or building.  A qualified organization shall be allowed to
  3  9 hold only one card game tournament during a calendar day.
  3 10    g.  At the conclusion of each card game tournament, the
  3 11 person conducting the card game tournament shall announce the
  3 12 gross receipts received, the total amount of money withheld
  3 13 for expenses, and the amount withheld for state taxes.
  3 14    h.  The organization conducting the card game tournament
  3 15 meets the requirements of section 99B.7, subsection 1,
  3 16 paragraph "m".
  3 17    i.  The person conducting the card game tournament does
  3 18 none of the following:
  3 19    (1)  Hold, currently, another license issued under this
  3 20 section.
  3 21    (2)  Own or control, directly or indirectly, any class of
  3 22 stock of another person who has been issued a license to
  3 23 conduct games under this section.
  3 24    (3)  Have, directly or indirectly, an interest in the
  3 25 ownership or profits of another person who has been issued a
  3 26 license to conduct games under this section.
  3 27    2.  The qualified organization licensed to hold card game
  3 28 tournaments under this section shall keep a journal of all
  3 29 dates of events, amount of gross receipts, amount given out as
  3 30 prizes, expenses, amount collected for taxes, and the amount
  3 31 collected as revenue.
  3 32    a.  The amount collected by the qualified organization as
  3 33 revenue is limited to ten percent of the gross receipts
  3 34 collected from each event.
  3 35    b.  Each qualified organization shall withhold that portion
  4  1 of the gross receipts subject to taxation pursuant to section
  4  2 423.2, subsection 4, which shall be kept in a separate account
  4  3 and sent to the state along with the organization's quarterly
  4  4 report.
  4  5    c.  A qualified organization licensed to conduct card game
  4  6 tournaments is allowed to withhold no more than five percent
  4  7 of the gross receipts from each card game tournament for
  4  8 qualified expenses.  Qualified expenses include but are not
  4  9 limited to hired staff to run the event and the purchase of
  4 10 supplies and materials used in conducting card games.  Any
  4 11 money collected for expenses and not used by the end of the
  4 12 calendar year shall be donated for educational, civic, public,
  4 13 charitable, patriotic, or religious uses as described in
  4 14 section 99B.7, subsection 3, paragraph "b".  The qualified
  4 15 organization shall attach a receipt for any donation made to
  4 16 the fourth quarter quarterly report required to be submitted
  4 17 pursuant to section 99B.2.
  4 18    d.  Each qualified organization licensed under this section
  4 19 shall make recordkeeping and all deposit receipts available as
  4 20 provided in section 99B.2, subsection 2.
  4 21    3.  An organization wishing to conduct card game
  4 22 tournaments pursuant to this section as a qualified
  4 23 organization shall submit an application and annual license
  4 24 fee of two hundred dollars to the department.
  4 25    Sec. 6.  Section 99B.8, Code Supplement 2005, is amended by
  4 26 adding the following new subsection:
  4 27    NEW SUBSECTION.  6.  Notwithstanding any provision of
  4 28 section 99B.7 to the contrary, if the games are conducted by a
  4 29 qualified organization issued a license pursuant to subsection
  4 30 3, the sponsor may award cash or merchandise prizes in any
  4 31 game of skill, game of chance, or card game lawfully conducted
  4 32 during the annual game night in an amount not to exceed five
  4 33 thousand dollars.
  4 34    Sec. 7.  Section 99B.9, subsection 1, unnumbered paragraph
  4 35 1, Code 2005, is amended to read as follows:
  5  1    Except as otherwise permitted by section 99B.3, 99B.5,
  5  2 99B.6, 99B.7, 99B.7B, 99B.8, 99B.11, or 99B.12A, it is
  5  3 unlawful to permit gambling on any premises owned, leased,
  5  4 rented, or otherwise occupied by a person other than a
  5  5 government, governmental agency, or governmental subdivision,
  5  6 unless all of the following are complied with:
  5  7    Sec. 8.  Section 99B.12, subsection 1, unnumbered paragraph
  5  8 1, Code 2005, is amended to read as follows:
  5  9    Except in instances where because of the location of the
  5 10 game or the circumstances of the game section 99B.3, section
  5 11 99B.5, section 99B.6, section 99B.7, section 99B.7B, section
  5 12 99B.8, or section 99B.9 is applicable, individuals may
  5 13 participate in gambling specified in subsection 2, but only if
  5 14 all of the following are complied with:
  5 15    Sec. 9.  Section 423.2, subsection 4, Code Supplement 2005,
  5 16 is amended to read as follows:
  5 17    4.  A tax of five percent is imposed upon the sales price
  5 18 derived from the operation of all forms of amusement devices
  5 19 and games of skill, games of chance, raffles, and bingo games
  5 20 as defined in chapter 99B, and card game tournaments conducted
  5 21 under section 99B.7B, that are operated or conducted within
  5 22 the state, the tax to be collected from the operator in the
  5 23 same manner as for the collection of taxes upon the sales
  5 24 price of tickets or admission as provided in this section.
  5 25 Nothing in this subsection shall legalize any games of skill
  5 26 or chance or slot=operated devices which are now prohibited by
  5 27 law.
  5 28    The tax imposed under this subsection covers the total
  5 29 amount from the operation of games of skill, games of chance,
  5 30 raffles, and bingo games as defined in chapter 99B, card game
  5 31 tournaments conducted under section 99B.7B, and musical
  5 32 devices, weighing machines, shooting galleries, billiard and
  5 33 pool tables, bowling alleys, pinball machines, slot=operated
  5 34 devices selling merchandise not subject to the general sales
  5 35 taxes and on the total amount from devices or systems where
  6  1 prizes are in any manner awarded to patrons and upon the
  6  2 receipts from fees charged for participation in any game or
  6  3 other form of amusement, and generally upon the sales price
  6  4 from any source of amusement operated for profit, not
  6  5 specified in this section, and upon the sales price from which
  6  6 tax is not collected for tickets or admission, but tax shall
  6  7 not be imposed upon any activity exempt from sales tax under
  6  8 section 423.3, subsection 78.  Every person receiving any
  6  9 sales price from the sources described in this section is
  6 10 subject to all provisions of this subchapter relating to
  6 11 retail sales tax and other provisions of this chapter as
  6 12 applicable.
  6 13                           EXPLANATION
  6 14    This bill provides for the operation of card game
  6 15 tournaments by qualified organizations.
  6 16    The bill defines card game to include cribbage, bridge,
  6 17 pinochle, hearts, spades, euchre, poker, and other similar
  6 18 games.
  6 19    The bill establishes new Code section 99B.7B providing for
  6 20 card game tournaments conducted by a qualified organization.
  6 21 The bill provides that only qualified organizations can
  6 22 conduct a card game tournament and provides for a $200 annual
  6 23 license fee.  The bill requires the organization to display
  6 24 the card games to be conducted during a tournament, including
  6 25 the rules and manner of determining winners for each game.
  6 26 The bill provides that participation in a tournament shall be
  6 27 open to the public and the cost to participate shall not be
  6 28 more than $50.  A person under 18 cannot participate.  The
  6 29 bill provides that cash or merchandise of up to $1,000 can be
  6 30 awarded at a tournament.  The bill also provides that an
  6 31 organization holding a license can hold no more than 15
  6 32 tournaments a month and no more than three tournaments a week.
  6 33 Only one tournament can be conducted by a qualified
  6 34 organization in a calendar day.  Card game tournaments held
  6 35 under an annual game night license shall not count toward the
  7  1 number of tournaments allowed.  The bill also provides that
  7  2 the qualified organization licensed to conduct card game
  7  3 tournaments shall keep records of the dates of events, the
  7  4 amount of gross receipts, the amount of prizes awarded,
  7  5 expenses, amount collected for taxes, and revenue collected
  7  6 for conducting card game tournaments.  The bill allows
  7  7 qualified organizations to collect up to 10 percent of gross
  7  8 receipts as revenue and up to 5 percent of gross receipts for
  7  9 expenses incurred in holding card game tournaments.  Of the
  7 10 amount withheld for expenses, any amounts collected but unused
  7 11 for expenses by the end of a calendar year shall be donated
  7 12 for charitable purposes.  Any amounts donated shall be
  7 13 indicated on the quarterly reports required to be submitted to
  7 14 the department of inspection and appeals pursuant to Code
  7 15 section 99B.2.
  7 16    Code section 99B.8, concerning annual game nights, is also
  7 17 amended to allow cash or merchandise prizes of up to $5,000.
  7 18    The bill further amends Code section 423.2, concerning
  7 19 sales taxes, to specifically provide that sales taxes shall be
  7 20 imposed on card game tournaments in the same manner as for
  7 21 other games as defined in Code chapter 99B.
  7 22 LSB 5903SS 81
  7 23 ec:nh/sh/8.3