Tenn. Comp. R. & Regs. 1360-03-03-.01 - DEFINITIONS

(1) "Amended annual event application" means those items of information submitted to the Secretary for the purpose of revising, correcting, adding to, or otherwise supplementing an annual event application in order to meet the requirements of the Tennessee Nonprofit Gaming Law.

(2) "Conformed copy" A conformed copy is a copy that agrees with the original and all amendments to it. If the original document required a signature, the copy shall contain the signatures and dates as shown on the originals. A certificate of incorporation shall be date stamped and show approval by an appropriate state official.

(3) "Compensation" for purposes of T.C.A. § 3-17-103(a)(5)(A)(i)(b) means anything of value received as a result of work performed on behalf of a § 501(c)(3) organization, including, but not limited to, tips, reductions, and waivers of fees.

(4) "Directors or officers of the organization" for purposes of T.C.A. § 3-17-104(a)(12) means the entire slate of members of the governing body of an organization. An executive committee or subcommittee of a governing board shall not qualify as the directors or officers of the organization, unless the organization's by-laws authorize an executive committee to act on behalf of the full board.

(5) "Fair market value" means a price at which an unrelated buyer and seller would agree to a transaction; a valuation that is reasonable to all parties involved in a transaction, none of which are under a compulsion to buy or sell while having a reasonable knowledge of the relevant facts.

(6) "Games of chance associated with casinos" includes casino night parties (also known as "Vegas Nights," "Las Vegas Nights," "Monte Carlo Nights").

(7) "Notice," unless otherwise indicated, shall mean a written communication forwarded by U.S. mail, certified return receipt requested.

(8) "Operate" means

(a) To run or control, directly or indirectly, the functioning of an annual gaming event;

(b) To bring about a desired or proper effect including, but not limited to, planning, promoting, advertising, marketing, authorizing or entering into agreements, purchasing supplies, telephone services, gaming records or devices, buying or leasing services, facilities or locations, printing of materials and tickets, shares, chances or similar records and the transporting of such records and other devices;

(c) To conduct the affairs of an event including, but not limited to, on-site or off-site management;

(9) "Organizational document" shall mean the record that establishes the organization as a legal entity and shall include, but not be limited to, a certified copy of the Articles of Incorporation (or charter), constitution, or trust agreement.

(10) "Physical presence" means an organization has a tangible office established and located within the state of Tennessee where regular business within the organization's stated mission is transacted. The existence of a post office mailing address or drop box location is not sufficient to create a physical presence.

(11) "Pull-tab" means gaming pieces used in a game of chance that are made completely of paper or paper products with concealed numbers or symbols which must be exposed by the player to determine wins or losses. Pull tabs may also be known as break-opens, hard cards, banded tickets, jar tickets, pickle cards, Lucky Seven Cards, Nevada Club tickets, instant bingo cards.

(12) "Secretary" means the Secretary of State or the Secretary's authorized representative.

(13) "Bingo event" means a specific game of chance conducted in a single gathering or session in which participants use cards or paper sheets divided into horizontal and vertical spaces, each of which is designated by a letter and a number, and prizes are awarded on the basis of the letters and numbers on the card conforming to a predetermined and preannounced configuration of letters and numbers selected at random.

(14) "Progressive jackpot bingo" means a series of bingo games in which the prize is carried over to the succeeding game if no player wins a game within a specified number of calls.

(15) "Regular bingo card" means a card issued to a person upon payment of a fee which affords a person the opportunity to participate in a game or session of games played at a bingo event.

(16) "Regular bingo game" means a bingo game in which a person, upon payment of a fee, is issued a single regular bingo card and may purchase or rent extra regular cards.

(17) "Special bingo card" means a disposable, specially marked bingo card which affords a person the opportunity to participate in a special bingo game, such as a progressive jackpot bingo, to be played at a bingo occasion.

(18) "Special bingo game" means any bingo game which is not a regular bingo game, and which is played with special bingo cards.

(19) "Session" means a series of bingo games conducted contemporaneously or consecutively.

Notes

Tenn. Comp. R. & Regs. 1360-03-03-.01

Original rule filed October 7, 2005; effective February 28, 2006. Emergency rules filed August 5, 2021; effective through February 1, 2022. Emergency rules expired effective February 2, 2022, and the rules reverted to their previous statuses. Amendments filed December 27, 2021; effective March 27, 2022. Amendments filed January 8, 2024; effective 4/7/2024.

Authority: T.C.A. §§ 3-17-101, 3-17-102(A), 3-17-102(8)(A), 3-17-102(9)(A), 3-17-103(a)(3)(B)(i), 3-17-103(a)(5)(A)(i)(a), 3-17-103(a)(5)(B)(i), 3-17-103(d)(1)(B), 3-17-104(a)(12), 3-17-105(d)(2)(B), and 3-17-115(a), (b), and (c).