316 Neb. Admin. Code, 35, § 200 - SCOPE AND DEFINITIONS

200.01 Bingo, Lottery, Raffle and Lottery by Pickle Card Regulations 35-200 through 35-222 are adopted to carry out the provisions of the Nebraska Bingo Act.

200.01A For purposes of the Nebraska Bingo Regulations, unless the context otherwise requires, the definitions found in this regulation and sections 9-204 to 9-225.01 of the Nebraska Bingo Act shall be used.

200.02 Admission

Admission means the price paid to enter a premises where bingo is being played.

200.02A Money paid to attend a special function or to board a railroad coach car of a dinner or excursion train where bingo is conducted is not considered an admission, provided such charge does not exceed the fair market value of the food, refreshments, or entertainment, excluding bingo, which is being offered.

200.03 Auxiliary

Auxiliary means an organization affiliated with, and organized in accordance with, the bylaws and regulations formulated by a companion or parent organization, and at least seventy-five percent of the members of one organization are either members of the parent or companion organization, spouses of members of the parent or companion organization, or are the parents, children, brothers, sisters, grandparents, or grandchildren of a member of the parent or companion organization.

200.04 Bingo card monitoring device

Bingo card monitoring device means a technological aid used by a bingo player to monitor bingo cards purchased at the time and place of a licensed organization's bingo occasion, and which:

200.04A Provides a means for bingo players to input numbers announced by a bingo caller;

200.04B Compares the numbers entered by the bingo player to the numbers contained on bingo cards previously stored in the electronic data base of the device;

200.04C Identifies winning bingo patterns; and

200.04D Signals only the bingo player when a winning bingo pattern is achieved.

Bingo card monitoring device shall not mean or include any device into which currency, coins, or tokens may be inserted to activate play, or from which currency, coins, tokens, or any receipt for monetary value can be dispensed, or any device which is interfaced with or connected to any host system, site system or any other type of bingo equipment once the device has been provided to a bingo player.

200.05 Bingo equipment

Bingo equipment means any equipment which is made, sold, or used to conduct bingo and shall include, but is not limited to, blower devices, mechanical cages or machines or other devices from which bingo balls are withdrawn, bingo balls, flash boards, instant bingo boards, reusable shutter bingo cards, bingo hard cards, disposable paper bingo cards, a facsimile of a bingo card electronically displayed on a bingo card monitoring device, instant bingo cards, bingo card monitoring devices and site systems, and any other device used in the direct operation of the game.

200.05A Bingo equipment shall not mean or include tables, chairs, cash registers, and other personal property not directly used in the operation of the game, bingo supplies, or bingo game sets commonly manufactured and sold as a children's game, unless the set, or portion thereof, is actually used in bingo games required to be licensed.

200.06 Bingo prize

Bingo prize means something of value awarded to a bingo player for achieving a predetermined pattern on a bingo card.

200.07 Bingo supplies

Bingo supplies means any item used by a bingo player to assist him or her in the playing of bingo. Bingo supplies include, but are not limited to, ink daubers, chips used to mark the numbers on the player's bingo card, and glue sticks.

200.08 Department

Department means the Nebraska Department of Revenue.

200.09 Disposable paper bingo card

Disposable paper bingo card means a bingo card manufactured with preprinted numbers that is not reusable after a bingo game or series of progressive bingo games has been completed. For purposes of this regulation, an instant bingo card is considered a disposable paper bingo card. The following definitions shall also apply to disposable paper bingo cards:

200.09A Color - means the border color of the disposable paper bingo card.

200.09B Cut - means the direction that a sheet of faces is cut from a master sheet. A cut can be either square, horizontal or vertical; e.g., a 3 ON vertical cut is 3 faces arranged in one vertical row.

200.09C Face - means one individual bingo card.

200.09C(1) In the case of traditional 75-number bingo, the card shall contain 24 preprinted numbers plus the center free space; or

200.09C(2) In the case of 90-number bingo, the card shall be a strip of six faces, with each face containing 27 squares arranged in nine columns of five squares, with 15 squares of each face containing one number from 1 to 90 which is not repeated on the strip.

200.09D Free Space Number or face number - means the number in the center of the bingo card which is consecutively numbered throughout the series and allows for the verification of a winning card against a master book containing all of the faces in the series.

200.09E ON - means the number of bingo faces on a single sheet. A 12 ON would have 12 faces per sheet.

200.09F Serial Number - means the unique identification number of a set of disposable paper bingo cards.

200.09G Series - means the manufacturer's permutation of a number of unique faces in a single set of disposable bingo paper; e.g., 1 to 64,000 series contains 64,000 unique faces.

200.10 Fair market value

Fair market value means the price that one would normally pay for an item in an arm's length transaction with a retail business.

200.11 Gross receipts

Gross receipts means the total receipts received by a licensed organization from the conduct of bingo, including, but not limited to, receipts from admissions when such admissions are directly related to the playing of bingo, the sale, rental, or use of regular bingo cards, special bingo cards, and instant bingo cards, any fee charged for the use of bingo card monitoring devices, and the value of in-kind payments.

200.11A Gross receipts shall not include the receipts derived from concession activity at the bingo occasion, or from the sale of bingo supplies.

200.12 Host system

Host system means the computer hardware, software, and peripheral equipment of a licensed manufacturer which are used to generate and download an electronic facsimile of a bingo card to a licensed organization's site system, and which monitors sales and other activities of a site system.

200.13 In-kind paymen

In-kind payment means the tendering of an item having a particular dollar value when sold on a retail basis. If a licensed organization accepts in-kind payments, the value of the in-kind payment must have a value at least equal to the dollar value charged those using currency or checks to purchase or use the same items.

200.14 Instant bingo card

Instant bingo card means a disposable paper bingo card which is constructed so that the face(s) of the card are concealed and cannot be determined by any means until it is dispensed to and opened by the player.

200.15 Member

Member means an individual who meets the written membership requirements contained in the organization's articles of incorporation, bylaws, charter, statement of purpose, or other written rules or statement governing membership of the organization.

200.15A One whose only participation in the activities of the organization involves the conduct of gaming activities shall not be considered a member.

200.16 Occasion or bingo occasion

Occasion or bingo occasion means a single gathering or session at which a bingo game or series of successive bingo games are played.

200.17 Regular bingo card

Regular bingo card means a bingo card which affords an individual the opportunity to participate in all regular games played at a bingo occasion.

200.18 Site system

Site system means the computer hardware, software and peripheral equipment used by a licensed organization at the site of its bingo occasion which download electronic facsimiles of bingo cards into bingo card monitoring devices, receipt the sale or use of such cards and devices, and generate reports relative to such sales or use.

200.19 Special bingo

Special bingo card means a specially marked or colored bingo card which affords an individual the opportunity to participate in a special bingo game played at a bingo occasion.

200.20 Substantial interest

Substantial interest means connected, interested in, or otherwise concerned directly or indirectly with an individual, organization, firm, or corporation as follows:

200.20A With respect to a sole proprietorship, an individual or his or her spouse who owns, operates, manages, or conducts directly or indirectly a part of the sole proprietorship;

200.20B With respect to a partnership, an individual, his or her spouse, or a partnership, limited liability company, or corporation who owns, operates, manages, or conducts directly or indirectly a part of the partnership activity, or shares in any of the profits or potential profits of the partnership activity;

200.20C With respect to a limited liability company, an individual, his or her spouse, or a partnership, limited liability company, or corporation who owns, operates, manages, or conducts directly or indirectly a part of the limited liability company activity, or shares in any of the profits or potential profits of the limited liability company activity;

200.20D With respect to a corporation, an individual, his or her spouse, or a partnership, limited liability company, or corporation who owns, operates, manages, or conducts directly or indirectly a part of the corporation activity, or who is an officer or director of the corporation or is a holder directly or indirectly of ten percent or more of any class of stock in the corporation;

200.20E With respect to an individual, such individual or his or her spouse who provides ten percent or more of the capital, whether in cash, goods, or services for the operation of a manufacturer, distributor, or commercial lessor during a calendar year; and

200.20F With respect to an organization, association, or business not covered by subdivisions A, B, C, D, or E of this regulation:

200.20F(1) An individual or his or her spouse who is an officer or director of or manages the business affairs of the organization, association, or business; or

200.20F(2) An individual or his or her spouse who owns or controls ten percent or more of the assets of the organization, association, or business.

200.21 Youth amateur athletics or youth sports

Youth amateur athletics or youth sports means activities sponsored by an organization which organizes, supervises, or administers team or individual activities which consist of an element of enjoyment or recreation involving the practice of individual skill and in which all those participating on the team or in an individual activity are under the age of 19.

Notes

316 Neb. Admin. Code, 35, § 200

Sections 9-204.02, 9-204.03, 9-205, 9-206, 9-207.01, 9-208, 9-209, 9-209.01, 9-209.02, 9-210, 9-214.01, 9-215, 9-216, 9-226, 9-241.06, 9-241.10, 9-255.01, and 9-255.06, R.R.S. 1997. Sections 9-204, 9-204.01, and 9-204.04, R.S.Supp., 2004. September 5, 2005.