FIRST REGULAR SESSION
SENATE BILL NO. 367
92ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCOTT.
Read 1st time January 27, 2003, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
1236S.01I
AN ACT
To repeal sections 313.057 and 313.810, RSMo, and to enact in lieu thereof two new sections relating to licensing requirements, with penalty provisions.
Section A.Sections 313.057 and 313.810, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 313.057 and 313.810, to read as follows:
313.057.1.It is unlawful for any person, either as an owner, lessee or employee, to operate, carry on, conduct or maintain any form of manufacturing, selling, leasing or distribution of any bingo equipment or supplies without having first procured and maintained a Missouri bingo equipment and supplies manufacturer or supplier license.
2.The commission shall submit two sets of fingerprints for each key person, as defined in commission rules and regulations, of an entity or organization seeking issuance or renewal of a Missouri bingo equipment and supplies manufacturer or supplier license, for the purpose of checking the person's prior criminal history when the commission determines a nationwide check is warranted.The fingerprint cards and any required fees shall be sent to the Missouri state highway patrol's criminal records division.The first set of fingerprints shall be used for searching the state repository of criminal history information.The second set of fingerprints shall be forwarded to the Federal Bureau of Investigation, Identification Division, for the searching of the federal criminal history files.The patrol shall notify the commission of any criminal history information or lack of criminal history information discovered on the individual.Notwithstanding the provisions of section 610.120, RSMo, all records related to any criminal history information discovered shall be accessible and available to the commission.
3.The holder of a state bingo license may, within two years of cessation of conducting bingo or upon specific approval by the commission, dispose of by sale in a manner approved by the commission, any or all of his bingo equipment and supplies, without a supplier's license.In case of foreclosure of a lien by a bank or other person holding a security interest for which bingo equipment is security in whole or in part for the lien, the commission may authorize the disposition of the bingo equipment without requiring a supplier's license.
[3.]4.Any person whom the commission determines to be a suitable person to receive a license [under] pursuant to the provisions of this section may be issued a manufacturer's or supplier's license.The commission may require suppliers to post a bond with the commission in an amount and in the manner prescribed by the commission.The burden of proving his qualification to receive or hold a license [under] pursuant to this section is at all times on the applicant or licensee.
[4.]5.The commission shall charge and collect from each applicant for a supplier's license a one-time application fee set by the commission, not to exceed five thousand dollars.The commission shall charge and collect an annual renewal fee for each supplier licensee not to exceed one thousand dollars.
[5.]6.The commission shall charge and collect from each applicant for a manufacturer's license a one-time application fee set by the commission, not to exceed one thousand dollars.The commission shall charge and collect an annual renewal fee for each manufacturer licensee not to exceed five hundred dollars.
[6.]7.The commission shall charge and collect from each applicant for a hall provider's license a one-time application fee set by the commission, not to exceed seven hundred fifty dollars.The commission shall charge and collect an annual renewal fee for each hall provider licensee not to exceed five hundred dollars.
[7.]8.All licenses issued [under] pursuant to this section shall be issued for the calendar year and shall expire on December thirty-first of each year.Regardless of the date of application or issuance of the license, the fee to be charged and collected [under] pursuant to this section shall be the full annual fee.
[8.]9.All license fees collected pursuant to this section shall be paid over immediately to the state treasurer to be deposited to the credit of the gaming commission bingo fund.
[9.]10.All licensees [under] pursuant to this section shall maintain for a period of not less than three years full and complete records of all business carried on in this state and shall make same available for inspection to any duly authorized representative of the commission.If a supplier does not receive payment in full from an organization within thirty days of the delivery of bingo supplies, the supplier shall notify the commission in writing, or in a manner specified by the commission in its rules and regulations, of the delinquency.Upon receipt of the notice of delinquency, the commission shall notify all suppliers that until further notice from the commission, all sales of bingo supplies to the delinquent organizations shall be on a cash-only basis.Upon receipt of the notice from the commission, no supplier may extend credit to the delinquent organization until such time as the commission approves credit sales.If a manufacturer does not receive payment in full from a supplier within ninety days of the delivery of bingo supplies, the manufacturer shall notify the commission in writing, or in a manner specified by the commission in its rules and regulations, of the delinquency.Upon receipt of the notice of delinquency, the commission shall notify all manufacturers that until further notice from the commission, all sales of bingo supplies to the delinquent supplier shall be on a cash-only basis.Upon receipt of the notice from the commission, no manufacturer may extend credit to the delinquent supplier until such time as the commission approves credit sales.
[10.]11.Until January 1, 1995, all suppliers shall pay a tax on all pull-tab cards distributed by them in the amount of ten dollars per box when sold by any organization licensed to conduct bingo [under] pursuant to the provisions of sections 313.005 to 313.080.No box sold shall contain more than twenty-four hundred pull-tab cards.Beginning January 1, 1995, a tax is hereby imposed in the amount of two percent of the gross receipts of the retail sales value charged for each pull-tab card sold in Missouri to be paid by the supplier.The taxes, less two percent of the total amount paid which may be retained by the supplier, if timely filed and paid, shall be paid on a monthly basis to the commission by each supplier of pull-tabs and shall be due on the last day of each month following the month in which the pull-tabs were sold.The taxes shall be deposited in the state treasury, credited to the bingo proceeds for education fund.All pull-tab cards sold by suppliers in this state shall bear on the face thereof the amount for which such pull-tab cards will be sold, and the license number of the supplier shall be printed on the inventory statement commonly called the flare, enclosed in each unit container.Each unit container shall contain cards printed in such a manner as to ensure that at least sixty percent of the gross revenues generated by the ultimate sale of such cards shall be returned to the final purchasers of such cards.Any supplier who fails to pay the tax imposed [under] pursuant to this subsection shall have his license issued [under] pursuant to this section revoked and shall be guilty of a class A misdemeanor.
313.810.1.A person shall not be issued a license to conduct gambling games on an excursion gambling boat or a license to operate an excursion gambling boat, an occupational license, or a supplier license unless the person has completed and signed an application on the form prescribed and published by the commission.The application shall include the full name, residence, date of birth and other personal identifying information as the commission deems necessary, including but not limited to, the information specified in section 313.847.The application shall also indicate whether the applicant has [either] any of the following:
(1)A record of conviction of a felony; or
(2)A current addiction to a controlled substance.
2.[An applicant for a license shall submit pictures and fingerprints to the commission in the manner prescribed on the application forms.] The commission shall submit two sets of fingerprints for any person seeking employment with the commission or any person who is seeking the issuance or renewal of a license issued by the commission, for the purpose of checking the person's prior criminal history when the commission determines a nationwide check is warranted.The fingerprint cards and any required fees shall be sent to the Missouri state highway patrol's criminal records division.The first set of fingerprints shall be used for searching the state repository of criminal history information.The second set of fingerprints shall be forwarded to the Federal Bureau of Investigation, Identification Division, for the searching of the federal criminal history files.The patrol shall notify the commission of any criminal history information or lack of criminal history information discovered on the individual.Notwithstanding the provisions of section 610.120, RSMo, all records related to any criminal history information discovered shall be accessible and available to the commission.
3.It is the burden of the applicant to show by clear and convincing evidence his suitability as to character, experience and other factors as may be deemed appropriate by the commission.
4.Before a license is granted, the commission shall conduct a thorough investigation of the applicant for a license to operate a gambling game operation on an excursion gambling boat.The applicant shall provide information on a form as required by the commission.
5.A person who knowingly makes a false statement on an application is guilty of a class A misdemeanor and shall not ever again be considered for application by the commission.
6.The licensee shall permit the commission or commission employees designated to inspect the licensee or holder's person, personal property, excursion gambling boat and effects at any time.