316 Neb. Admin. Code, 35, § 316 - PICKLE CARD DISPENSING DEVICES: REGISTRATION; USE; AND RESTRICTIONS
316.01 No
coin-operated or currency operated device shall be used for the dispensing of
pickle cards unless a registration decal has been obtained from the Department
and the decal has been permanently and conspicuously affixed to the device. The
mechanical amusement device tax does not apply to coin or currency operated
pickle card dispensing devices. For the purposes of this regulation, coin or
currency operated pickle card dispensing devices shall include devices
activated by the use of tokens or slugs.
316.02 Registration of such devices with the
Department shall be made by application on a form prescribed by the Department
and each application for a registration decal shall include:
316.02A The name and address of the licensed
pickle card operator or licensed organization registering the device;
316.02B The state identification number of
the licensed pickle card operator or licensed organization registering the
device;
316.02C A detailed
description of the physical appearance and operation of the coin-operated or
currency operated dispensing device;
316.02D If applicable, a copy of any written
lease, rental, or sales agreement between the licensed organization and the
licensed pickle card operator;
316.02E The fee as prescribed by Regulation
35-316.04; and
316.02F Such other
information which the Department deems necessary.
316.03 Registration decals issued for pickle
card devices shall expire on December 31 of each year and may be renewed
annually. An application for renewal of the registration of a pickle card
dispensing device shall be submitted to the Department on or before November 15
of each year.
316.04 A fee of $
50.00 shall be charged for each registration decal issued and such decal shall
not be transferable from one machine to another or from one premise to another.
The registration decal fee is due in full for any portion of the calendar year
and will not be prorated for any portion of the year. Registration decal fees
are not refundable, unless otherwise approved by the Department based upon a
written request for refund and extenuating circumstances.
316.04A If a pickle card dispensing device
breaks down and cannot be repaired, any permanent replacement device that is
placed into use must be registered with the Department. For each permanent
replacement device, the $ 50.00 registration decal fee is required.
316.04B If a pickle card dispensing device
breaks down and will be temporarily out-of-service, a temporary replacement
device may be placed in use for a period of up to 30 days or until such time
the original device has been repaired and placed back into use, whichever
occurs first. Under this circumstance, the $ 50.00 registration decal fee will
not be required for the temporary replacement device.
316.04B(1) The licensed organization or
pickle card operator that is using a replacement device on a temporary basis
shall notify the Department in writing of the following:
316.04B(1)(i) The name and address of the
licensed organization or pickle card operator using the temporary replacement
device;
316.04B(1)(ii) The state
identification number of the licensed pickle card operator or licensed
organization using the temporary replacement device
316.04B(1)(iii) A detailed description of the
replacement device including serial number, if applicable;
316.04B(1)(iv) The number of the current
registration decal on the device that is temporarily out-of-service;
and
316.04B(1)(v) The date the
temporary replacement device was placed into service.
316.04B(2) Such notification shall be made
within five working days of the date the temporary replacement device was
placed into service.
316.05 Registration of each pickle card
dispensing device shall be the responsibility of the licensed organization when
such device is to be used at a licensed organization's designated premises or
its own bingo game or the responsibility of the licensed pickle card operator
when such device is to be used on the premises of the pickle card operator. For
the purposes of this regulation, responsibility shall include filing the
application and paying the fee for such registration decal. In the case of a
licensed pickle card operator, such operator shall not be reimbursed for such
registration decal fees by the licensed organization on whose behalf the
operator sells pickle cards or by any licensed manufacturer, distributor or any
other person.
316.06 A licensed
organization or distributor shall not provide pickle card dispensing devices to
pickle card operators free of charge, or for a rate less than fair market
value. A licensed organization shall not extend credit to a pickle card
operator on the rental, lease, or purchase of such devices. Payment for the
purchase of such devices shall either be in advance or upon delivery. The
payment terms of any lease or rental agreement regardless of the term of the
lease, shall specify that the lease or rental payment be made in advance.
Payment in advance shall mean on or before the placement of the device or on or
before the first day of the period of the lease, whichever comes first. For
example, if the lease terms specify a monthly rental payment, such payment
shall be made on or before the first day of each month.
316.06A A licensed organization or
distributor shall sell or rent pickle card dispensing devices to licensed
pickle card operators at a rate not less than fair market value. The lease or
rental of a pickle card dispensing device to a licensed pickle card operator
shall be in writing and set forth all terms and conditions of the lease or
rental.
316.06A(2) Fair market value for
leased or rented pickle card dispensing devices shall be determined by taking
the cost of the device divided by thirty-six to arrive at a fair market value
monthly lease rate.
316.06A(2)(i) A licensed
organization or distributor shall not reduce the rental or lease rate of a
pickle card dispensing device rented or leased to a licensed pickle card
operator within three years of the date the device is first placed in service.
The fair market value formula as prescribed in Regulation 316.06A(2) of this
regulation shall remain in force.
316.06A(2)(ii) A licensed organization or
distributor who leases a device may release such device to a licensed pickle
card operator. The amount for which the device is leased or rented to the
pickle card operator may be for the same amount of the organization's or
distributor's lease, provided such amount is equal to or greater than the fair
market value determined using the formula in Regulation
35-316.06A(2)
316.07 Any
licensee which utilizes a pickle card dispensing device to sell pickle cards
shall, upon request, provide the Department immediate access to any pickle
cards contained within such device.
Notes
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