SB 0815 Sets new requirements for bingo and pull-tab licensees; authorizes new administrative powers for commission
Sponsor:Wiggins
LR Number:S2879.01I Fiscal Note:2879-01
Committee:Corrections and General Laws
Last Action:02/23/98 - Hearing Conducted S Corrections & General Laws Comm. Journal page:
Title:
Effective Date:August 28, 1998
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Current Bill Summary

SB 815 - This act makes the following changes to the bingo statutes:

Section 313.005 - This section adds several new definitions: "export only supplier"; "gross receipts"; "manufacturer"; "net income"; "net receipts"; "occasion report"; "person"; and "starting cash" . The section expands the definition of pull-tab card and limits definition of supplier to in-state activity.

Section 313.010 - This section provides for an abbreviated bingo license for organizations only conducting bingo no more than four times a year, deletes the previous requirement that only pull-tab cards be used, and reinstates the midnight to 10 a.m. restriction.

Section 313.015 - This section removes the option of $10 annual fee for licenses organizations which award prizes of $5,000 or less annually and less than $100 for any single day; the standard $50 fee is required.

Section 313.020 - This section provides for an abbreviated pull-tab license with a fee of $25 and exempts licensees from the midnight to 10 a.m. restriction.

Section 313.025 - The commission is given discretion to allow organizations that lease to themselves or an auxiliary to assist with the management, conduct or operation of the games.

Section 313.030 - This section requires display of license to conduct abbreviated pull-tab game.

Section 313.035 - A revoked licensee must demonstrate that person or persons causing the revocation have been dismissed from being involved with any bingo game.

Section 313.040 - This section specifies that pull-tab games can award more than one $500 prize per day and allows pull-tab licensee to have pull-tab cards and progressive bingo games not count toward the 62-game daily limit. The current restriction of 50 cent limit on single special game bingo card is removed, as is the current restriction on vending machines to sell pull-tab cards or pay prize money, merchandise gifts or other forms of prize. The commission is allowed to approve purchase or use of bingo supplies or pull tabs from unlicensed persons. Penalty provisions are added.

Section 313.045 - This section requires quarterly reports from regular licensees and annual reports from special bingo organizations and abbreviated pull-tab licensees.

Section 313.050 - This section specifies contents of occasion reports to be sent to the commission.

Section 313.052 - This section includes as grounds for discipline providing, distributing or leasing bingo supplies, pull-tabs and equipment without a supplier and/or manufacturer license.

Section 313.055 - This section provides a penalty for any person who is engaging in activities requiring a bingo supplier license but who does not have one; the person is liable for all taxes and twice the normal amount of penalties.

Section 313.057 - This section requires a hall provider license before leasing premises upon which bingo is conducted and requires the commission to investigate all applicants for licensure. Burden of proof is on the licensee to prove qualification to receive or hold license by clear and convincing evidence. The commission may reopen licensure hearings at any time. Licensees are required to have their business premises open for inspection by commission agents at a reasonable time as determined by the commission. This section removes the current restriction on no more than 2400 pull-tab cards per box and requires all pull-tabs within a single pull-tab game to be shipped in randomly packaged containers. A penalty is authorized for any person who is engaging in activities requiring a bingo supplier license but who does not have one; the person is liable for all taxes and twice the normal amount of penalties.

Sections 313.065, 313.070, 313.075, and 313.080 - Internal statutory references are changed.

Section 1 - This section specifies the disclosure of information outlined in section 313.847.

Section 2 - This section requires maintaining business records for 3 years and specifies contents of sales invoices used by suppliers and use of credit memorandums. Suppliers are only allowed to buy bingo products from licensed Missouri manufacturers and to sell bingo products to licensed Missouri suppliers or operators. The section authorizes tax free sales or credit under certain conditions: supplier to supplier sales with a bingo resale exemption certificate; out-of-state sales; credit for returned products; destruction of damaged or obsolete products; or stolen products.

Section 3 - This section requires a manufacturer to maintain copies of all sales invoices and specifies certain packaging requirements. Violation of provisions could subject the licensee to immediate suspension or revocation.
TOM MORTON