T67CH77

Title 67 > T67CH77

Sections (19)

67-7701

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7701. Purpose and policy. It is hereby declared that all bingo games and raffles in Idaho must be strictly controlled and administered, and it is in the public interest for the state to provide for the administration of charitable bingo games and raffles to protect the public from fraudulently conducted bingo games and raffles, to assure that charitable groups and institutions realize the profits from these games, to prohibit professionals conducting bingo games or raffles for fees or a percentage of the profit and to provide that all expenditures by a charitable or nonprofit organization in conducting bingo games and raffles are in the best interest of raising moneys for charitable purposes. History: [67-7701, added 1993, ch. 391, sec. 2, p. 1449; am. 2013, ch. 251, sec. 1, p. 610.]

67-7702

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7702. Definitions. As used in this chapter: (1) Bingo means the traditional game of chance played for a prize determined prior to the start of the game. (a) Upon approval by the bingo-raffle advisory board, a licensee may offer bingo games in which players are allowed to select their own numbers if the cards used to conduct the games have controls that provide an audit trail adequate to determine all winning number combinations. (b) Card-minding devices are prohibited. Autodaubing features are prohibited. (c) Bingo shall not include instant bingo, which is a game of chance played by the selection of one (1) or more prepackaged bingo cards, with the winner determined by the appearance of a preprinted winning designation on the bingo card. (2) Bingo-raffle advisory board means a board of six (6) persons chosen by the governor to make advisory recommendations regarding bingo and raffle operations and regulation in Idaho. (3) Charitable organization means an organization that has been in continuous existence in the county of operation of the charitable bingo game or raffle for at least one (1) year, that conducts charitable activities, and that is exempt from taxation under section 501(c)(3), 501(c)(4), 501(c)(6), 501(c)(8), 501(c)(10), 501(c)(19) or 501(d) of the Internal Revenue Code and is exempt from income taxation under title 63 , Idaho Code, as a bona fide nonprofit charitable, civic, religious, fraternal, patriotic or veterans organization or as a nonprofit volunteer fire department, or as a nonprofit volunteer rescue squad, or as a nonprofit volunteer educational booster group, parent-teacher organization or association. If the organization has local branches or chapters, the term charitable organization means the local branch or chapter operating the bingo or raffle game. (4) Commission means the Idaho state lottery commission as defined in section 67-7404 , Idaho Code. (5) Duck race means a charitable raffle played by releasing numbered, inanimate toys (ducks) into a body of moving water. A person who has been assigned the same number as the first duck to cross a predetermined point in the water (the finish line) is the winner. Other prizes may be awarded on the basis of the order in which the ducks cross the finish line. With the exception of determining net proceeds, all restrictions and requirements applicable to the conduct of charitable raffles in this chapter shall also apply to the conduct of duck races. (6) Electronic bingo card or face means an electronic facsimile of a bingo card or face, from a permutation of bingo cards formulated by a manufacturer licensed in Idaho, which is stored and/or displayed in a bingo card-monitoring device. An electronic bingo card or face is deemed to be a form of disposable paper bingo card. (7) (a) Electronic bingo device means an electronic device used by a bingo player to monitor bingo cards purchased at the time and plac

67-7703

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7703. Bingo-raffle advisory board established. There is established the bingo-raffle advisory board, which is responsible for making recommendations for the improvement of bingo and raffle operations and regulation to the state lottery commission, the governor and the legislature, including recommendations for administrative rules. History: [67-7703, added 1995, ch. 350, sec. 2, p. 1153; am. 1996, ch. 382, sec. 2, p. 1297; am. 2000, ch. 340, sec. 2, p. 1137.]

67-7704

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7704. Bingo-raffle advisory board — Members — Appointment — Qualifications. (1) The bingo-raffle advisory board shall consist of six (6) members appointed by the governor and confirmed by the senate. Members shall be selected and appointed because of their ability and disposition to serve the state’s interest and for knowledge of bingo and raffle operations. Members appointed by the governor shall serve at the pleasure of the governor, and shall be residents over twenty-five (25) years of age who have experience in administrating, conducting or regulating bingo or raffle operations. There shall be one (1) member from each of the following six (6) districts initially established as follows: (a) District No. 1. The counties of Benewah, Bonner, Boundary, Kootenai and Shoshone. (b) District No. 2. The counties of Clearwater, Idaho, Latah, Lewis and Nez Perce. (c) District No. 3. The counties of Ada, Adams, Boise, Canyon, Elmore, Gem, Payette, Owyhee, Valley and Washington. (d) District No. 4. The counties of Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka and Twin Falls. (e) District No. 5. The counties of Bannock, Bear Lake, Bingham, Caribou, Franklin, Oneida and Power. (f) District No. 6. The counties of Bonneville, Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison and Teton. (2) The terms of appointed members of the bingo-raffle advisory board shall be three (3) years. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. A vacancy of the board shall be filled in the same manner as regular appointments are made, and the term shall be for the unexpired portion of the regular term. No member of the board shall have a direct or indirect pecuniary interest in any contract or agreement entered into by the board. No more than three (3) members of the board shall belong to the same political party. History: [67-7704, added 1995, ch. 350, sec. 3, p. 1153; am. 2000, ch. 340, sec. 3, p. 1137; am. 2013, ch. 251, sec. 3, p. 612.]

67-7705

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7705. Quorum — Meetings — Minutes — Compensation. A majority of the qualified membership of the bingo-raffle advisory board is a quorum. The advisory board may not act unless at least four (4) members agree. The advisory board shall meet at least three (3) times per year, and may meet more often as it deems necessary. Written notice of the time and place of each meeting shall be given to each board member. The advisory board shall select or elect one (1) of its members to be chairman, one (1) of its members to be vice-chairman and one (1) of its members to be secretary. The secretary of the advisory board shall promptly send the lottery commission a certified copy of the minutes of each meeting of the advisory board. The minutes shall include a copy of the current recommendations of the board, including recommended administrative rules. Members of the bingo-raffle advisory board shall receive compensation as provided in section 59-509 (b), Idaho Code. Members are entitled to reimbursement for reasonable travel expenses incurred in the performance of their duties as a member, as provided by law. History: [67-7705, added 1995, ch. 350, sec. 4, p. 1154; am. 1996, ch. 382, sec. 3, p. 1297; am. 2000, ch. 340, sec. 4, p. 1138.]

67-7706

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7706. Bingo-raffle advisory board — Powers — Duties. The bingo-raffle advisory board shall review the operation and regulation of bingo games and raffle events in Idaho, and shall make recommendations to the state lottery commission regarding, but not limited to, the following issues: (1) The issuances of licenses for the operation of bingo games and raffle events, including the denial, suspension or revocation of licenses; (2) The collection of fees, penalties, fines and other moneys from organizations conducting or applying to conduct bingo games and/or raffle events; (3) The maintenance by bingo operators of records and the efficacy of the statutes and rules requiring maintenance of records; (4) The recordation and reporting of income from bingo games and raffle events to the state lottery commission, and the efficacy of the statutes and rules governing recordation and reporting; (5) The efficacy and profitability of income and expenditure limits placed on organizations, by statute or rule, operating bingo games and/or raffle events in the state; (6) The type, scope, manner, and frequency of bingo games and/or raffle events conducted in Idaho, and the efficacy of the statutes or rules governing those considerations; (7) Possible cooperative agreements with county, city, and other local and state agencies that would enhance the safety and profitability of bingo games and/or raffle events; (8) Possible written agreements or contracts with other states or any agency or contractor of another state for the operation and promotion of joint bingo games and/or raffle events that would enhance the safety and profitability of bingo and raffle operations in Idaho; (9) What rules should be promulgated by the state lottery commission to ensure the safe, orderly and trustworthy operation of bingo games and/or raffle events in Idaho. The bingo-raffle advisory board shall, at least twice a year, report to the state lottery commission addressing the operations and activities of the advisory board and the major issues facing bingo operators in the state. The lottery security division shall provide a final annual report to the governor, the lottery commission, the president pro tempore of the senate and the speaker of the house of representatives of the Idaho legislature. History: [67-7706, added 1995, ch. 350, sec. 5, p. 1155; am. 2000, ch. 340, sec. 5, p. 1138; am. 2013, ch. 251, sec. 4, p. 613.]

67-7707

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7707. Bingo by charitable or nonprofit organizations. (1) It is lawful for a charitable or nonprofit organization to conduct bingo sessions or games in accordance with the provisions of this chapter and the rules of the state lottery commission. Any charitable or nonprofit organization, any member of a charitable or nonprofit organization, or any person that conducts a bingo session or game in violation of any provision of this chapter or the rules of the state lottery commission may be assessed a civil penalty not in excess of ten thousand dollars ($10,000)perviolation.Additionally,anypersonknowinglyconductingabingosessionorgameinviolationoftheprovisionsofthischapterortherulesofthestatelotterycommissionmaybechargedunderthegamblinglawscontainedinchapter38,title18,IdahoCode.Violationswillbeprosecutedbythecountyprosecutingattorney.(2)Nopersonundertheageofeighteen(18)yearsmayplaybingoingameswhereacashprizeisofferedorwheretheprizeexceedstwenty-fivedollars($25.00) in value for merchandise. History: [(67-7707) 67-7703, added 1993, ch. 391, sec. 2, p. 1450; am. 1994, ch. 281, sec. 2, p. 876; am. and redesig. 1995, ch. 350, sec. 6, p. 1155; am. 1996, ch. 382, sec. 4, p. 1297; am. 2000, ch. 340, sec. 6, p. 1139; am. 2013, ch. 251, sec. 5, p. 614.]

67-7708

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7708. Limit on sessions and bingo prizes. The number of sessions or games of bingo conducted or sponsored by a charitable or nonprofit organization shall be limited to three (3) sessions per week and such sessions shall not exceed a period of eight (8) hours per day. The maximum prize that may be offered or paid for any one (1) game of bingo, and the maximum aggregate amount of prizes that may be offered or paid for any one (1) session of bingo, shall be set by rule of the state lottery commission. History: [(67-7708) 67-7704, added 1993, ch. 391, sec. 2, p. 1450; am. and redesig. 1995, ch. 350, sec. 7, p. 1156; am. 2013, ch. 251, sec. 6, p. 614.]

67-7709

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7709. Accounting and use of bingo proceeds. (1) (a) All funds received in connection with a bingo game required to be licensed pursuant to this chapter and the rules of the state lottery commission shall be placed in a separate bank account that is in the name of and controlled by the charitable or nonprofit organization. No funds may be disbursed from this account except the charitable or nonprofit organization may expend proceeds for prizes, advertising, rent including, but not limited to, renting space, chairs, tables, equipment and electronic bingo devices, utilities, the purchase of supplies and equipment in playing bingo, taxes and license fees related to bingo, the payment of compensation, and for the purposes set forth below for the remaining proceeds. (b) Funds from bingo accounts must be withdrawn by preprinted, consecutively numbered checks or withdrawal slips, signed by an authorized representative of the licensed authorized organization and made payable to a person. A check or withdrawal slip shall not be made payable to cash, bearer or a fictitious payee. The nature of the payment made shall be noted on the face of the check or withdrawal slip. Checks for the bingo account shall be imprinted with the words bingo account and shall contain the organization’s bingo license name on the face of each check. A licensed authorized organization shall keep and account for all checks and withdrawal slips, including voided checks and withdrawal slips. Electronic transfers from the bingo account may be used for payments made to another governmental agency. (c) Any proceeds available in a bingo account after payment of the expenses set forth in paragraph (1)(a) of this subsection shall inure to the charitable or nonprofit organization to be used for religious, charitable, civic, scientific testing, public safety, literary or educational purposes or for purchasing, constructing, maintaining, operating or using equipment or land, or a building or improvements thereto, owned, leased or rented by and for the charitable or nonprofit organization and used for civic purposes or made available by the charitable or nonprofit organization for use by the general public from time to time, or to foster amateur sports competition, or for the prevention of cruelty to children or animals, provided that no proceeds shall be used or expended directly or indirectly to compensate officers or directors. The licensed bingo operation must maintain records for five (5) years on forms prescribed by the commission or pursuant to rules prescribed by the commission showing the charitable activities to which the proceeds described in this paragraph are applied. No employees of the charitable or nonprofit organization may be compensated from bingo proceeds except as provided in this subsection. (d) (i) All gross revenues received from bingo games by a charitable or nonprofit organization must be disbu

67-7710

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7710. Raffles — Duck races. (1) It is lawful for any charitable or nonprofit organization to conduct raffles in accordance with the provisions of this chapter. Any charitable or nonprofit organization or any person that conducts a raffle in violation of any provision of this chapter may be assessed a civil penalty not in excess of ten thousand dollars ($10,000)perviolation.Additionally,anypersonknowinglyconductingaraffleinviolationofanyprovisionofthischapterorruleofthestatelotterycommissionmaybechargedunderthegamblinglawsofthestatecontainedinchapter38,title18,IdahoCode,andmaybeassessedacivilpenaltybythelotterynotinexcessoftenthousanddollars($10,000) per violation. It shall not constitute a violation of state law to advertise a charitable raffle conducted pursuant to this section. It is lawful to participate in a charitable raffle conducted pursuant to this chapter. A charitable raffle conducted lawfully pursuant to this chapter is not gambling for purposes of chapter 38, title 18 , Idaho Code. (2) Raffle drawings must be held in Idaho and shall be limited to twelve (12) per charitable or nonprofit organization per year, provided that this limitation shall not apply to public or private elementary schools, secondary schools or higher education institutions located in this state. The maximum aggregate value of cash prize(s) that may be offered or paid for any one (1) raffle, which is not a duck race is one thousand dollars ($1,000)andifmerchandiseisusedasaprizeanditisnotredeemableforcash,thereshallbenolimitonthemaximumamountofvalueforthemerchandise.Forduckraces,thereshallbenolimitonthemaximumamountofthevalueofacashprizeifthecashprizeisunderwrittenbyinsurance.Ifaduckraceoffersacashprizethatisnotunderwrittenbyinsurance,themaximumaggregatevalueofthecashprize(s)isonethousanddollars($1,000). There shall be no limit on the maximum of value for merchandise used as a prize in a duck race if the merchandise is not redeemable for cash. (3) As used in this subsection, net proceeds of a charitable raffle means the gross receipts less the cost of prizes awarded. Net proceeds of a duck race shall mean gross receipts, less the cost of prizes awarded and the rental cost of the ducks used in the race. No less than eighty percent (80%) of the net proceeds of a raffle shall be used by the charitable or nonprofit organization for charitable, religious, educational, civic or other charitable purposes. (4) Any licensed charitable or nonprofit organization conducting raffles pursuant to this chapter shall prepare a statement at the close of its license year and shall file such statement with the state lottery. The statement shall be prepared on a form prescribed by the lottery commission and shall include, at a minimum, the following information: (a) The

67-7711

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7711. Licensing procedure. (1) Any charitable or nonprofit organization not exempt pursuant to section 67-7713 , Idaho Code, desiring to operate bingo sessions or games or charitable raffles shall make application for a license to the state lottery. The state lottery shall review the license application and shall approve or deny the issuing of a license within fifteen (15) calendar days of receipt of the license application. The state lottery may deny the application if it determines that the applicant has not met requirements for an application imposed in this chapter and rules promulgated pursuant to this chapter or upon any ground for which an application for renewal of a license could be denied or for which an existing licensee’s license could be revoked or suspended. Whenever an application is denied, it shall be returned to the applicant by the state lottery with specific reasons for the denial. When a license application is approved by the state lottery, the state lottery shall issue a license to the applicant. No person or charitable or nonprofit organization, except those exempt pursuant to section 67-7713 , Idaho Code, shall operate or conduct a bingo session or game or charitable raffle until it has received a license from the state lottery. The license shall expire one (1) year after the date it was issued. (2) Each application and renewal application shall contain the following information: (a) The name, address, date of birth, driver’s license number and social security number of the applicant and, if the applicant is a corporation, association or other similar legal entity, the name, home address, date of birth, driver’s license number and social security number of each of the officers of the organization, as well as the name and address of the directors, or other persons similarly situated, of the organization; (b) The name, home address, date of birth, driver’s license number and social security number of each person or persons responsible for managing the bingo session or game or raffle; (c) (i) In the case of charitable organizations, a copy of the application for recognition of exemptions and a determination letter from the internal revenue service that indicates the organization is a charitable organization and states the section under which that exemption is granted, except that if the organization is a state or local branch, lodge, post or chapter of a national organization, a copy of the determination letter of the national organization shall satisfy this requirement; and (ii) In the case of incorporated nonprofit organizations, a copy of a certificate of existence issued by the secretary of state pursuant to chapter 30, title 30 , Idaho Code, establishing the organization’s good standing in the state. (d) The location at which the applicant will conduct the bingo session or games or drawings for the raffles. (3) The operation of bingo sessions or

67-7712

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7712. License fees — Suspension or revocation. (1) Each organization that applies to the state lottery for a license pursuant to this chapter shall pay annually to the state lottery a nonrefundable license fee which shall be due upon submission of the application. License fees shall be based on the organization’s gross revenues from bingo or raffle operations as required to be reported by statute or rule of the commission. Organizations with gross revenues of twenty-five thousand dollars ($25,000)orlessshallpayafeeofonehundreddollars($100). Organizations with gross revenues of twenty-five thousand dollars ($25,000)toseventy-fivethousanddollars($75,000) shall pay a fee of two hundred dollars ($200).Organizationswithgrossrevenuesexceedingseventy-fivethousanddollars($75,000) shall pay a fee of three hundred dollars ($300).Neworganizationswithnohistoryofgrossrevenuesshallpayafeeofonehundreddollars($100), and the gross revenues indicated in the organization’s first annual report shall determine the license renewal fee. (2) Any license issued pursuant to this chapter may be suspended or revoked by the state lottery if it is found that the licensee or any person connected with the licensee has violated any provision of this chapter or any rule of the lottery commission or ordinance of a county adopted pursuant to this chapter or: (a) Has continued to operate bingo sessions or games after losing its tax exempt or nonprofit status or ceases to exercise independent control over its activities or budget as required under the provisions of this chapter; (b) Has violated or has failed or refused to comply with the provisions of this chapter, or has violated the provisions of a rule of the lottery commission or has allowed such a violation to occur upon premises over which the licensee has substantial control; (c) Has knowingly caused, aided or abetted, or conspired with another to cause, any person to fail or refuse to comply with the provisions, requirements, conditions, limitation or duties imposed in this chapter, or to fail or refuse to comply with a rule adopted by the state lottery commission; (d) Has obtained a license or permit by fraud, misrepresentation or concealment, or through inadvertence or mistake; (e) Has been convicted, forfeited bond, or has been granted a withheld judgment, upon a charge involving forgery, theft, willful failure to make required payments or reports to a governmental agency at any level, or filing false reports to a governmental agency, or any similar offense or offenses, or of bribing or otherwise unlawfully influencing a public official or employee of any state or the United States, or of any crime, whether a felony or misdemeanor, involving gambling activity, physical injury to individuals or moral turpitude; (f) Denies the state lottery access to any place where a licensed game is conducted, denies acces

67-7713

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7713. Licensure requirements. A charitable or nonprofit organization conducting a bingo game shall be required to obtain a license if the gross annual bingo sales are ten thousand dollars ($10,000)ormore.Acharitableornonprofitorganizationconductingaraffleshallberequiredtoobtainalicenseifthemaximumaggregatevalueofmerchandiseexceedsfivethousanddollars($5,000). History: [(67-7713) 67-7710, added 1993, ch. 391, sec. 2, p. 1455; am. and redesig. 1995, ch. 350, sec. 12, p. 1162; am. 1996, ch. 382, sec. 9, p. 1304; am. 2000, ch. 340, sec. 10, p. 1144; am. 2003, ch. 313, sec. 1, p. 857; am. 2013, ch. 251, sec. 11, p. 621.]

67-7714

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7714. Rules and forms. The state lottery commission is authorized to promulgate rules consistent with this act in compliance with chapter 52, title 67 , Idaho Code, to implement the provisions of this act and shall prescribe standardized forms for implementation of this act. History: [(67-7714) 1993, ch. 391, sec. 2, p. 1456; am. and redesig. 1995, ch. 350, sec. 13, p. 1162.]

67-7715

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7715. Vendors — Licensing — Fees. (1) No person or entity shall manufacture, sell, distribute, furnish or supply to any person or entity any gaming device, equipment or material, in this state or for use in this state, without first obtaining a vendor’s license from the state lottery commission. Vendor licenses shall not be issued by the state lottery except respecting devices, equipment or material designed and permitted to be used in connection with activities authorized under this chapter. Provided however, that this licensing requirement shall apply only insofar as the state lottery commission has adopted rules implementing it as to particular categories of gaming devices and related material and equipment. (2) Any person or entity that manufactures, sells, distributes, furnishes or supplies any gaming device, equipment or material, in this state or for use in this state shall make application for a vendor license to the state lottery. The state lottery shall review the license application and shall approve or deny the issuing of a license within fifteen (15) calendar days of receipt of the license application. The state lottery may deny the application if it determines that the applicant has not met the requirements imposed in this chapter and rules promulgated pursuant to this chapter. Whenever an application is denied, it shall be returned to the applicant by the state lottery with specific reasons for the denial. When the license application is approved by the state lottery, the state lottery shall issue a license to the applicant. (3) Each application and renewal application shall contain the following information: (a) The name, address, date of birth, driver’s license number and social security number of the applicant and if the applicant is a corporation, proprietorship, association, partnership or other similar legal entity, the name, home address, date of birth, driver’s license number and social security number of each of the officers of the corporation and their spouses, as well as the name and address of the directors and their spouses, or other persons similarly situated. (b) The locations or persons with which the applicant will provide any gaming device, equipment or material in this state or for use in this state. (4) Each applicant shall pay annually to the state lottery a nonrefundable license fee of five hundred dollars ($500)whichshallbedueuponsubmissionoftheapplication.(5)EachlicensedvendorshallmaintainrecordsofallsalestoorganizationsinIdahoforaperiodoffive(5)years.Suchrecordsshallbeprovidedtothelotteryuponrequest.(6)Anylicenseissuedpursuanttothissectionshallbesuspendedorrevokedbythestatelotteryandthelicenseemaybeassessedacivilpenaltybythestatelotteryuptotenthousanddollars($10,000) per violation if it is found that the licensee or any person connected with the licensee has

67-7716

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7716. Electronic bingo device and site systems — Approval required. (1) Electronic bingo devices and site system software shall be sold, rented, leased or otherwise provided in this state only by a licensed manufacturer. Licensed manufacturers shall sell, rent, lease or otherwise provide such equipment only to a licensed distributor. A copy of any contractual agreement between a licensed manufacturer and a licensed distributor relative to the marketing of the manufacturer’s equipment in this state, shall be provided to the commission. (2) No electronic bingo device or site system software may be sold, rented, leased or otherwise provided to any person in this state for use in a bingo game conducted pursuant to this chapter unless and until such device and system software have been approved by the commission. Approval of the device or site system software will be based upon conformance with the requirements contained in this chapter and rules established by the commission for the testing and review of these types of devices and systems. (3) A licensed manufacturer seeking approval of an electronic bingo device or site system software may be required to submit a prototype of the device or system software for testing and review, at the expense of the manufacturer, as required by the commission. Once approved, any hardware or software modifications must be preapproved by the commission. A licensed manufacturer shall be responsible for the actual costs of testing and examining bingo card monitoring devices, host systems and site system hardware. History: [67-7716, added 2005, ch. 259, sec. 3, p. 799.]

67-7717

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7717. Manufacturing and distributing requirements. (1) No electronic bingo device shall be able to monitor more than fifty-four (54) bingo faces per game. The licensed manufacturer or distributor must restrict the device to store no more than fifty-four (54) faces per bingo game in its electronic database. After July 1, 2005, the maximum amount of electronic bingo cards played per game may be set by rule of the commission. (2) Each electronic bingo device that requires a site system to download electronic bingo cards to the device, shall have a unique and permanent identification number hardcoded into the device’s software. The identification number shall be communicated from the device to the site system whenever the device is connected to the site system, and printed on all transaction logs including the player’s receipt. Manual input of a device identification number into the site system or on any transaction log or receipt is prohibited. (3) Each electronic bingo device shall be programmed to automatically erase all electronic bingo cards and/or bingo card face numbers stored in the device: (a) upon turning off the device after the last bingo game of the session has been played, or (b) by some secondary timing method established by the manufacturer and approved by the commission. (4) No electronic bingo device shall be designed to allow bingo players the ability to design their own bingo cards by choosing, rearranging or placing numbers on a card. (5) A site system shall not be able to engage in any type of sale, void or reload transaction unless an electronic bingo device is connected to and communicating with the site system. (6) A site system shall be restricted to load no more than fifty-four (54) electronic bingo faces per bingo game into any one (1) electronic bingo device, and the site system must be interfaced with a printer which is capable of printing upon request, a continuous hard copy transaction log and a printout for the player showing the device identification number, and all of the bingo cards and their face numbers loaded into the device. A receipting function for electronic bingo cards must be self-contained within the site system and must record and print out on a copy which is given to the player, the device identification number, the date, number of electronic bingo cards purchased or loaded, and the total amount charged for the electronic bingo cards. (7) A site system shall be able to provide the winning game patterns required for the entire bingo session on a hardcopy printout. The printout must be available upon demand at the bingo session. (8) If the commission detects or discovers any malfunction or problem with an electronic bingo device or site system that could affect the security or integrity of the bingo game, the electronic bingo devices, or the site system, the commission may direct the manufacturer, distributor or licensed organizat

67-7718

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7718. Licensed distributor requirements and duties. (1) A licensed distributor shall purchase, rent, lease or otherwise obtain electronic bingo devices and site system software only from a manufacturer licensed by the commission. A licensed distributor shall sell, rent, lease or otherwise provide, only electronic bingo devices and site system software that have been approved by the commission. (2) A licensed distributor shall sell, rent, lease or otherwise provide electronic bingo devices and site system software in this state only to an organization holding a charitable gaming bingo license. (3) Before the initial use by the licensed organization, the licensed distributor must notify the commission in writing of the sale, rental, lease, provision, and/or installation of any electronic bingo devices or site system software. Such notification shall include: (a) The complete name and address of the licensed organization and its license number; (b) The type of equipment, including serial numbers, sold, rented, leased, provided or installed; (c) The expected start-up date for use of the equipment by the licensed organization; and (d) A copy of any agreement between the licensed distributor and the organization for the use of the equipment. (4) The licensed distributor shall serve as the initial contact for the licensed organization with respect to requests for installation, service, maintenance, or repair of electronic bingo devices and site systems, and for the ordering of electronic bingo cards, if applicable. The distributor may, as needed, enlist the aid of the licensed manufacturer in providing service, repair or maintenance of the devices or site system. A licensed manufacturer may, with commission approval, authorize or subcontract with a person or company to service, maintain or repair bingo card monitoring devices and/or site systems; however, the ultimate liability for such service, maintenance or repair shall be solely that of the licensed manufacturer. (5) The licensed distributor shall invoice the licensed organization and collect any and all payments for the sale, rental, lease or other use of the electronic bingo cards, bingo card monitoring devices and site systems. The distributor may, at its discretion, allow the licensed manufacturer to generate the invoice; however, all payments by the licensed organization must be remitted directly to the distributor. The licensed distributor must ensure that its name, complete address, and telephone number appear on the invoice as well as the name, complete address and license number of the licensed organization. (6) Electronic bingo devices may be transported by a licensed distributor from one (1) location to another for use by more than one (1) licensed organization provided the distributor notifies the commission of the rotation schedule of the devices. However, each licensed organization utilizing a site system must

67-7719

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 77 BINGO AND RAFFLES 67-7719. Licensed organizations — Use of electronic bingo devices. (1) A licensed organization shall purchase, rent, lease or otherwise obtain electronic bingo devices and site system software only from an Idaho licensed distributor. A licensed organization may obtain terminals and/or printers to be used in conjunction with site system software obtained from a licensed distributor, from any source. (2) The use of a player-owned electronic bingo device at a bingo session is prohibited. (3) Electronic bingo devices shall be rented, leased or otherwise provided to bingo players only by the licensed organization conducting the bingo session, and only at the time and place of the bingo session. A bingo player using an electronic bingo device must be physically present on the premises, during the time of the bingo session, in order to be eligible to play bingo or win any bingo prize. (4) Regardless of the number of electronic bingo devices made available for play, at least one (1) device shall be reserved by the licensed organization as a backup device, in the event a device in play malfunctions. (5) Electronic bingo devices shall be made available to players on a first-come, first-served basis. No device may be reserved for any player, except a device may be reserved for any player with a disability that would restrict his or her ability to mark cards and such disability is consistent with definitions set forth in the Americans with disabilities act. (6) No bingo player shall be allowed to utilize more than one (1) bingo card monitoring device at any time during a bingo occasion. (7) An electronic bingo device cannot be used to monitor hard bingo cards or shutter cards. (8) A licensed organization shall not permit a bingo player to choose or reject individual electronic bingo cards loaded into an electronic bingo device. (9) At the licensed organization’s discretion, a bingo player may, in addition to the maximum fifty-four (54) bingo cards per game which he or she purchases to monitor with an electronic bingo device, purchase additional disposable paper bingo cards to play using a manual daubing or marking method. (10) An electronic bingo device shall be downloaded with electronic bingo cards by the licensed organization: (a) Only upon payment by the player; (b) Only on the premises of the licensed organization’s bingo session; and (c) Only during the time of the bingo session. (11) A licensed organization may, at its discretion, charge a separate fee to players for the use of an electronic bingo device. The fee charged must be separately stated on the cash register and bingo player’s receipt and shall be included in the bingo cash receipts. (12) The sale of all bingo cards used in conjunction with an electronic bingo device must be receipted by either cash register or site system. Additional disposable paper bingo card sales must be separately receipted and, in addition, the ca