Senate File 2314 - Reprinted



                                       SENATE FILE       
                                       BY  COMMITTEE ON STATE
                                           GOVERNMENT

                                       (SUCCESSOR TO SF 2166)


    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 by organizations representing veterans and
  3    allowable prizes at annual game nights.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 SF 2314
  6 ec/cc/26

PAG LIN



  1  1    Section 1.  NEW SECTION.  99B.7B  CARD GAME TOURNAMENTS
  1  2 CONDUCTED BY QUALIFIED ORGANIZATIONS REPRESENTING VETERANS.
  1  3    1.  As used in this section, unless the context otherwise
  1  4 requires:
  1  5    a.  "Card game" means only poker, pinochle, pitch, gin
  1  6 rummy, bridge, euchre, hearts, or cribbage.
  1  7    b.  "Qualified organization representing veterans" means
  1  8 any licensed organization representing veterans, which is a
  1  9 post, branch, or chapter of a national association of veterans
  1 10 of the armed forces of the United States which is a federally
  1 11 chartered corporation, dedicates the net receipts of a game of
  1 12 skill, game of chance, or raffle as provided in section 99B.7,
  1 13 is exempt from federal income taxes under section 501(c)(19)
  1 14 of the Internal Revenue Code as defined in section 422.3, has
  1 15 an active membership of not less than twelve persons, and does
  1 16 not have a self=perpetuating governing body and officers.
  1 17    2.  Notwithstanding any provision of this chapter to the
  1 18 contrary, card game tournaments lawfully may be conducted by a
  1 19 qualified organization representing veterans if all of the
  1 20 following are complied with:
  1 21    a.  The organization conducting the card game tournament
  1 22 has been issued a license pursuant to subsection 4 and
  1 23 prominently displays that license in the playing area of the
  1 24 card game tournament.
  1 25    b.  The card games to be conducted during a card game
  1 26 tournament, including the rules of each card game and how
  1 27 winners are determined, shall be displayed prominently in the
  1 28 playing area of the card game tournament.  Each card game
  1 29 shall be conducted in a fair and honest manner and shall not
  1 30 be operated on a build=up or pyramid basis.  Every participant
  1 31 in a card game tournament must be given the same chances of
  1 32 winning the tournament and shall not be allowed any second
  1 33 chance entries or multiple entries in the card game
  1 34 tournament.
  1 35    c.  Participation in a card game tournament conducted by a
  2  1 qualified organization representing veterans shall only be
  2  2 open to members of the qualified organization representing
  2  3 veterans and guests of a member if a bona fide social
  2  4 relationship exists between the member and the guest.  The
  2  5 cost to participate in a card game tournament shall be limited
  2  6 to one hundred dollars and shall be the same for every
  2  7 participant in the card game tournament.  Participants in a
  2  8 card game tournament shall be at least twenty=one years of
  2  9 age.
  2 10    d.  Cash or merchandise prizes may be awarded during a card
  2 11 game tournament and shall not exceed one thousand dollars and
  2 12 no participant shall win more than a total of two hundred
  2 13 fifty dollars.  A qualified organization representing veterans
  2 14 shall distribute amounts awarded as prizes on the day they are
  2 15 won and merchandise prizes shall not be repurchased.  An
  2 16 organization conducting a card game tournament shall only
  2 17 display prizes in the playing area of the card game tournament
  2 18 that can be won.
  2 19    e.  The qualified organization representing veterans shall
  2 20 conduct each card game tournament and any card game conducted
  2 21 during the tournament and shall not contract with or permit
  2 22 another person to conduct the card game tournament or any card
  2 23 game during the tournament.
  2 24    f.  No person receives or has any fixed or contingent right
  2 25 to receive, directly or indirectly, any profit, remuneration,
  2 26 or compensation from or related to a game in a card game
  2 27 tournament, except any amount which the person may win as a
  2 28 participant on the same basis as the other participants.
  2 29    g.  A qualified organization representing veterans shall
  2 30 not hold more than one card game tournament per week.  Card
  2 31 game tournaments held under an annual game night license shall
  2 32 not count toward the limit of one card game tournament per
  2 33 week.  With the exception of an annual game night license, no
  2 34 more than one card game tournament per week shall be held
  2 35 within a structure or building and only one qualified
  3  1 organization representing veterans licensed to conduct card
  3  2 game tournaments under this section may hold card game
  3  3 tournaments within a structure or building.  A qualified
  3  4 organization representing veterans shall be allowed to hold
  3  5 only one card game tournament during a calendar day.
  3  6    h.  At the conclusion of each card game tournament, the
  3  7 person conducting the card game tournament shall announce the
  3  8 gross receipts received, the total amount of money withheld
  3  9 for expenses, and the amount withheld for state taxes.
  3 10    i.  The person conducting the card game tournament does
  3 11 none of the following:
  3 12    (1)  Hold, currently, another license issued under this
  3 13 section.
  3 14    (2)  Own or control, directly or indirectly, any class of
  3 15 stock of another person who has been issued a license to
  3 16 conduct games under this section.
  3 17    (3)  Have, directly or indirectly, an interest in the
  3 18 ownership or profits of another person who has been issued a
  3 19 license to conduct games under this section.
  3 20    3.  The qualified organization representing veterans
  3 21 licensed to hold card game tournaments under this section
  3 22 shall keep a journal of all dates of events, amount of gross
  3 23 receipts, amount given out as prizes, expenses, amount
  3 24 collected for taxes, and the amount collected as revenue.
  3 25    a.  The amount collected by the qualified organization
  3 26 representing veterans as revenue is limited to ten percent of
  3 27 the gross receipts collected from each event.
  3 28    b.  Each qualified organization representing veterans shall
  3 29 withhold that portion of the gross receipts subject to
  3 30 taxation pursuant to section 423.2, subsection 4, which shall
  3 31 be kept in a separate account and sent to the state along with
  3 32 the organization's quarterly report.
  3 33    c.  A qualified organization representing veterans licensed
  3 34 to conduct card game tournaments is allowed to withhold no
  3 35 more than five percent of the gross receipts from each card
  4  1 game tournament for qualified expenses.  Qualified expenses
  4  2 include but are not limited to the purchase of supplies and
  4  3 materials used in conducting card games.  Any money collected
  4  4 for expenses and not used by the end of the calendar year
  4  5 shall be donated for educational, civic, public, charitable,
  4  6 patriotic, or religious uses as described in section 99B.7,
  4  7 subsection 3, paragraph "b".  The qualified organization
  4  8 representing veterans shall attach a receipt for any donation
  4  9 made to the fourth quarter quarterly report required to be
  4 10 submitted pursuant to section 99B.2.
  4 11    d.  Each qualified organization representing veterans
  4 12 licensed under this section shall make recordkeeping and all
  4 13 deposit receipts available as provided in section 99B.2,
  4 14 subsection 2.
  4 15    4.  An organization wishing to conduct card game
  4 16 tournaments pursuant to this section as a qualified
  4 17 organization representing veterans shall submit an application
  4 18 and annual license fee of two hundred dollars to the
  4 19 department.
  4 20    Sec. 2.  Section 99B.8, Code Supplement 2005, is amended by
  4 21 adding the following new subsection:
  4 22    NEW SUBSECTION.  6.  Notwithstanding any provision of
  4 23 section 99B.7 to the contrary, if the games are conducted by a
  4 24 qualified organization representing veterans as defined in
  4 25 section 99B.7B, or a qualified organization that primarily
  4 26 represents volunteer emergency services providers as defined
  4 27 in section 100B.11, or a qualified organization that is exempt
  4 28 from federal income tax under section 501(c)(3) of the
  4 29 Internal Revenue Code and that has conducted an annual game
  4 30 night during the period beginning January 1, 2001, and ending
  4 31 December 31, 2005, issued a license pursuant to subsection 3,
  4 32 the sponsor may award cash or merchandise prizes in any game
  4 33 of skill, game of chance, or card game lawfully conducted
  4 34 during the annual game night in an amount not to exceed ten
  4 35 thousand dollars and no participant shall win more than a
  5  1 total of five thousand dollars.
  5  2    Sec. 3.  Section 99B.9, subsection 1, unnumbered paragraph
  5  3 1, Code 2005, is amended to read as follows:
  5  4    Except as otherwise permitted by section 99B.3, 99B.5,
  5  5 99B.6, 99B.7, 99B.7B, 99B.8, 99B.11, or 99B.12A, it is
  5  6 unlawful to permit gambling on any premises owned, leased,
  5  7 rented, or otherwise occupied by a person other than a
  5  8 government, governmental agency, or governmental subdivision,
  5  9 unless all of the following are complied with:
  5 10    Sec. 4.  Section 99B.12, subsection 1, unnumbered paragraph
  5 11 1, Code 2005, is amended to read as follows:
  5 12    Except in instances where because of the location of the
  5 13 game or the circumstances of the game section 99B.3, section
  5 14 99B.5, section 99B.6, section 99B.7, section 99B.7B, section
  5 15 99B.8, or section 99B.9 is applicable, individuals may
  5 16 participate in gambling specified in subsection 2, but only if
  5 17 all of the following are complied with:
  5 18    Sec. 5.  Section 423.2, subsection 4, Code Supplement 2005,
  5 19 is amended to read as follows:
  5 20    4.  A tax of five percent is imposed upon the sales price
  5 21 derived from the operation of all forms of amusement devices
  5 22 and games of skill, games of chance, raffles, and bingo games
  5 23 as defined in chapter 99B, and card game tournaments conducted
  5 24 under section 99B.7B, that are operated or conducted within
  5 25 the state, the tax to be collected from the operator in the
  5 26 same manner as for the collection of taxes upon the sales
  5 27 price of tickets or admission as provided in this section.
  5 28 Nothing in this subsection shall legalize any games of skill
  5 29 or chance or slot=operated devices which are now prohibited by
  5 30 law.
  5 31    The tax imposed under this subsection covers the total
  5 32 amount from the operation of games of skill, games of chance,
  5 33 raffles, and bingo games as defined in chapter 99B, card game
  5 34 tournaments conducted under section 99B.7B, and musical
  5 35 devices, weighing machines, shooting galleries, billiard and
  6  1 pool tables, bowling alleys, pinball machines, slot=operated
  6  2 devices selling merchandise not subject to the general sales
  6  3 taxes and on the total amount from devices or systems where
  6  4 prizes are in any manner awarded to patrons and upon the
  6  5 receipts from fees charged for participation in any game or
  6  6 other form of amusement, and generally upon the sales price
  6  7 from any source of amusement operated for profit, not
  6  8 specified in this section, and upon the sales price from which
  6  9 tax is not collected for tickets or admission, but tax shall
  6 10 not be imposed upon any activity exempt from sales tax under
  6 11 section 423.3, subsection 78.  Every person receiving any
  6 12 sales price from the sources described in this section is
  6 13 subject to all provisions of this subchapter relating to
  6 14 retail sales tax and other provisions of this chapter as
  6 15 applicable.
  6 16 SF 2314
  6 17 ec/cc/26