316 Neb. Admin. Code, 35, § 317 - DESIGNATED PREMISES

317.01 Any organization licensed to conduct a lottery by the sale of pickle cards may sell pickle cards at a location specified as its "designated premises" without obtaining a pickle card operator's license for that location. An organization may have only one designated premises. Such premises shall be identified by the licensed organization on its application for a license to conduct a lottery by the sale of pickle cards. To be approved by the Department as a designated premises, a location must meet the following requirements:

317.01A The premises must be the principal office of the licensed organization. For purposes of this regulation, the principal office of an organization is determined by factors such as the location where the principal affairs and business of the organization are transacted, where the organization's records are stored, the location from which the organization receives and issues correspondence, and generally, the main location for which the business of the organization is transacted. In order to determine whether or not a particular location is the principal office of the organization, one must look to the totality of the circumstances surrounding the activities taking place at that location; and

317.01B In the case of organizations holding a certificate of exemption under section 501(c)(3), (c)(4), (c)(5), (c)(7), (c)(8), (c)(10), or (c)(19) of the Internal Revenue Code or a volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad:

317.01B(1) The premises must be used primarily for purposes other than gaming. For the purposes of this regulation, the phrase "primarily for purposes other than gaming" means the major use of the premises by the organization. For example, a premises in which the organization conducts business one hour a week, but at which pickle cards are sold to the public on behalf of the organization 40 hours a week would not be in use primarily for purposes other than gaming; and

317.01C In the case of organizations holding a certificate of exemption under section 501(c)(3), (c)(4), or (c)(5), of the Internal Revenue Code or a volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad, the premises must not be used in connection with any other retail business activity other than an occasional sale as defined in section 77-2702.09 of the Nebraska Revised Statutes, as amended. For example, an organization's designated premises cannot be a retail store, restaurant, or bar which engages in other retail sales at that location.

317.02 A licensed organization shall notify the Department in writing and receive written approval prior to changing its designated premises.

317.03 A licensed organization may use compensated help in selling its pickle cards at its designated premises without obtaining a pickle card operator's license for that premises.

317.04 The sale of pickle cards at a designated premises of a licensed organization shall be limited to the building or a distinct portion of the building used as the organization's designated premises. Pickle cards shall not be sold on any land surrounding the designated premises or any area not included within the designated premises.

Notes

316 Neb. Admin. Code, 35, § 317

Section 9 - 317.01, R.R.S. 1997. Sections 9 - 306.01, 9 - 321.03, 9 - 322, 9 - 328, 9 - 345.01, and 77 - 2702.09, R.S.Supp., 2002. November 12, 2002.