316 Neb. Admin. Code, 35, § 310 - CONDUCT OF THE GAME
310.01 No licensed
pickle card operator or licensed organization may sell pickle cards without
having physical possession of the license to sell pickle cards issued by the
Department. In addition, a pickle card operator must have an authorization
issued by the Department for each licensed organization on whose behalf they
intend to sell pickle cards. No pickle card operator or licensed organization
shall sell any pickle card which is not clearly and legibly imprinted by a
licensed distributor with the name and state identification number of the
licensed organization on whose behalf the pickle cards are sold.
310.02 The corresponding flare card for each
pickle card unit in play must be posted prominently at the location where
pickle cards are sold individually. If more than one pickle card unit is in
play, the flare card for each pickle card unit must be posted by the
organization selling the pickle cards or the licensed pickle card operator
selling the pickle cards. If one pickle card unit is being played at more than
one location within a single premises, or in more than one dispensing device
within a single premises, the flare card must be posted at the point where the
majority of pickle cards are being sold.
310.03 Units of pickle cards may be
commingled in one receptacle, including a coin-, currency-, or token-operated
dispensing device, subject to all of the following provisions:
310.03A Two or more units are placed in play
at the same time at the start of a commingled game. Units added to the
commingled game must be intermixed in the receptacle with the units in play. If
the receptacle cannot hold two or more units, the receptacle may be filled with
one unit and, as those cards are sold, refilled with cards from the second
unit.
310.03B The units are
identical as to a particular type, form number, name of game, cost per play,
and number of pickle cards.
310.03B(1) Two or
more types of pickle cards may be sold from the same coin, currency, or
token-operated dispensing device designed with multiple columns provided that:
different types of pickle cards are not mixed in a single column; and, the
player has a choice as to which type of pickle card they can purchase.
310.03C For each unit
in play, the flare card displaying the state identification stamp and game
serial number which coincides with the pickle cards being sold must be posted
in close proximity to the receptacle from which the cards are sold and plainly
visible to all players.
310.03D For
the purposes of this regulation, receptacle shall mean a container, coin-,
currency-, or token-operated dispensing device, or a distinct section thereof,
in which pickle cards may be completely separated from other pickle cards in
other sections of the container or device.
310.04 The following information shall be
indicated by the licensed organization or pickle card operator on each flare
card posted at the location at which the particular pickle card unit is sold:
310.04A The name and state identification
number of the licensed organization on whose behalf the cards are being sold;
and
310.04B The date the unit was
placed in play.
310.05
No pickle card unit or punchboard may be put out for play unless the flare card
or punchboard has a Nebraska state identification stamp attached which has been
previously affixed thereto by a licensed distributor. Once placed on the flare
card or punchboard, the state identification stamp may not be tampered with by
any person.
310.06 No pickle card
unit may be placed out for play in the original packages, boxes, or other
containers in which it was received from the distributor or licensed
organization
310.07 No pickle card
or punchboard punch may be sold for a price different from the price stated on
the pickle card and flare card of the unit or on the punchboard.
310.08 No licensed organization, pickle card
operator, or any other person may modify or otherwise change the flare card of
a pickle card unit or change or modify a punchboard from its original form as
manufactured, or use a flare card or punchboard that arrives in an altered or
defaced condition.
310.09 A pickle
card operator or licensed organization shall not pay a prize to any player who
is attempting to redeem a pickle card that has in any manner been marked,
defaced, tampered with, or otherwise placed in a condition which may deceive
the pickle card operator or organization.
310.10 When a winning pickle card is
presented to claim a prize, the individual redeeming the pickle card shall
verify before he or she pays the prize, that the serial number on the pickle
card is, in fact, the serial number of a pickle card unit being sold at that
particular location.
310.11 To
minimize the unfair advantage certain individuals may have with regard to the
prize status of a particular pickle card unit in play, otherwise known as
"insider information", the following prohibitions shall apply to the purchasing
and playing of pickle cards:
310.11A With
respect to a bingo occasion: No individual working, managing or assisting with
the conduct of the bingo occasion, or selling or redeeming winning pickle cards
at the bingo occasion, shall purchase or play pickle cards at that bingo
occasion at any time. This regulation does not apply to a concession worker
whose duties are not connected to the actual conduct of bingo games or to the
selling or redeeming of pickle cards.
310.11B With respect to an organization's
designated premises: No individual who sells or redeems individual pickle cards
at the designated premises shall purchase or play pickle cards at that
designated premises at any time.
310.11C With respect to a pickle card
operator: No individual employed by the pickle card operator and no officer,
partner or owner of the pickle card operator shall purchase or play pickle
cards at that operator's location at any time.
310.11D In addition, the individuals
prohibited from purchasing or playing pickle cards as identified in this
regulation, shall at no time disclose the prize status of a pickle card unit to
any player or potential player thus giving that person an unfair advantage.
Violations of this regulation could result in a fine or the suspension,
cancellation or revocation of the license of the party where the violation
occurred.
310.12 Upon
receipt and verification of a winning pickle card, the pickle card operator or
licensed organization shall pay the prize designated by the manufacturer to the
winner and shall deface the winning number, letter, symbol, or set of numbers,
letters or symbols of each winning pickle card redeemed. Some examples of
"defacing" a winning pickle card so that it may not be redeemed a second time
are punching, marking, or signing one's name on the winning numbers, letters or
symbols on the pickle card when the winner is paid.
310.13 Pickle card operators and licensed
organizations shall manage and control the disposal of played and unsold pickle
cards from their premises. Played and unsold pickle cards should be burned,
shredded or treated in some other manner which would prevent someone from
obtaining the used, defaced or unsold pickle cards and attempting to reuse them
or any portion thereof.
310.14 No
licensed organization or pickle card operator shall freeze a pickle card unit
for a particular player(s). For the purposes of this regulation, freezing a
unit or game means limiting the play of a particular pickle card unit to a
particular player or players.
310.15 A licensed pickle card operator or
licensed organization selling individual pickle cards shall not post any copy
or facsimile of the flare card for any pickle card unit. If the original flare
card becomes lost or damaged beyond use, a replacement flare card must be
obtained. The pickle card unit shall be removed from play until the replacement
flare card has been obtained. Such replacement flare card must comply with all
other flare card requirements including the presence of a state identification
stamp affixed to it.
310.15A A pickle card
operator must contact the licensed organization or sales agent from whom the
game was purchased to request a replacement flare card.
310.15B A licensed organization must contact
the distributor from whom the game was purchased to obtain a replacement flare
card.
310.16 No pickle
card operator or licensed organization shall extend credit to any player for
the purchase of pickle cards nor shall such operator or organization accept any
mode of payment other than cash or a check from the player for the purchase of
a pickle card with the exception of a player who is redeeming a winning pickle
card for a pickle card or cards whose face value equals the value of the prize
awarded by the winning pickle card redeemed.
310.16A A pickle card operator or licensed
organization who fails to make a good faith effort to collect payment for a bad
or insufficient fund check used to purchase pickle cards shall be deemed in
violation of this regulation.
310.17 Licensed organizations and pickle card
operators shall establish a policy regarding when and where individual pickle
cards may be opened. A licensed organization or pickle card operator may
establish a policy that all pickle cards must be opened and all winning cards
must be redeemed at the time and at the location at which they are purchased.
Licensed organizations and pickle card operators which have this policy shall
clearly post a legible sign at the sales location notifying players that all
pickle cards must be opened and redeemed on the premises at the time of
sale.
Notes
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