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Current Status Bill Number:View additional legislative information at the LPITS web site.608 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010424 Primary Sponsor:Saleeby All Sponsors:Saleeby and McConnell Drafted Document Number:l:\council\bills\bbm\10241htc01.doc Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:Bingo; promoter's license, bank accounts, cards, violations, electronic dabber; Gambling, Taxation, Revenue History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010424 Introduced, read first time, 06 SF referred to Committee Versions of This Bill
TO AMEND SECTION 12-21-3920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR BINGO, SO AS TO REVISE THE DEFINITION FOR "SESSION" AND ADD DEFINITIONS FOR "VALIDATION" AND "ELECTRONIC DABBERS"; TO AMEND SECTIONS 12-21-3950 AND 12-21-3970, RELATING TO THE BINGO PROMOTER'S LICENSE, SO AS TO INCREASE FROM THIRTY TO FORTY-FIVE DAYS THE TIME THE DEPARTMENT OF REVENUE HAS TO APPROVE OR REJECT AN APPLICATION FOR A PROMOTER'S LICENSE AND ALLOW A PROMOTER TO HAVE FIFTEEN RATHER THAN FIVE SUCH LICENSES; TO AMEND SECTION 12-21-3990, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO PROHIBIT PAYING LESS THAN FACE VALUE FOR CARDS AND PROVIDE FOR THE USE OF CARDS WITH AN ELECTRONIC DABBER; TO AMEND SECTION 12-21-4000, RELATING TO BINGO PROCEDURES, SO AS TO ALLOW THE LIMIT ON BINGO GROSS PROCEEDS TO BE A QUARTERLY AVERAGE AND PROVIDE THAT THE PENALTIES APPLY FOR VIOLATION OF THE GROSS PROCEEDS LIMIT ONLY IF THE EXCESS PROCEEDS TAX IS UNPAID AND PROHIBIT THE ADVERTISING OF "FREE BINGO"; TO AMEND SECTION 12-21-4020, RELATING TO THE VARIOUS CLASSES OF THE BINGO LICENSE, SO AS TO INCREASE FROM THREE TO SIX GAMES A WEEK THE GAMES THAT MAY BE CONDUCTED BY A CLASS B LICENSEE; TO AMEND SECTION 12-21-4080, RELATING TO BINGO PROCEEDS, SO AS TO DELETE THE REFERENCE TO ENTRANCE FEES IN AMOUNTS DEDUCTED FROM GROSS PROCEEDS; TO AMEND SECTION 12-21-4090, RELATING TO BINGO BANK ACCOUNTS, SO AS TO ALLOW THE DEPOSIT OF LOAN PROCEEDS TO COVER A DEFICIT; TO AMEND SECTION 12-21-4120, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO AUTHORIZE ADVISING RULINGS ON ACTS CONSTITUTING VIOLATIONS AND STAY ENFORCEMENT PENDING THE RULING; TO AMEND SECTION 12-21-4210, RELATING TO THE SALE OR TRANSFER OF BINGO CARDS, SO AS TO ALLOW THE RETURN OF PAPERS FOR CREDIT AGAINST AN OUTSTANDING VOUCHER; AND TO AMEND SECTION 12-21-4270, RELATING TO THE APPLICATION TO OBTAIN BINGO CARDS, SO AS TO AUTHORIZE PAYMENT BY CHECK AND CASH AND PROVIDE THAT FOLLOWING A RETURNED CHECK, THE ORGANIZATION OR PROMOTER MUST MAKE PAYMENT USING CERTIFIED FUNDS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. A. Section 12-21-3920(6) of the 1976 Code is amended to read:
"(6) 'Session' means a consecutive series of games which must occur only between one o'clock p.m. and one o'clock a.m. No more than one session may occur during the permitted twelve-hour period. These limitations do not apply to games operated by state or county fairs. No more than two sessions may occur during the permitted twenty-four hour period. If the election is made to operate two sessions, the first session may occur between the hours of 12:00 p.m. and 8:00 p.m.; the second session may occur between the hours of 9:00 p.m. and 2:00 a.m. A break of at least one hour must occur between sessions played within the same twenty-four period. If only one session is conducted in a twenty-four hour period, the session may be conducted between 9:00 a.m. and 2:00 a.m. A single daily session, however, may not last for more than eight consecutive hours. These limitations do not apply to licensed games operated as classes AA, C, D, E, or F."
B. Section 12-21-3920 of the 1976 Code is amended by adding at the end:
"(20) 'Validator' means a device that punches small holes through bingo sheets when sold to a player in order that they not be used again.
(21) 'Electronic dabber' means an electronic device that a player uses to indicate numbers called during a bingo session."
SECTION 2. Section 12-21-3950(B) of the 1976 Code is amended to read:
"(B) Upon application for a license, the department has thirty forty-five days to approve or reject the application based on the requirements of this article."
SECTION 3. Section 12-21-3970 of the 1976 Code is amended to read:
"Section 12-21-3970. For each licensed nonprofit organization the promoter manages, operates, or conducts bingo, the promoter must purchase a promoter's license as provided in Section 12-21-3950 before operating or conducting bingo. No A promoter is not permitted more than five fifteen licenses. This license must be prominently displayed at the location where bingo is conducted."
SECTION 4. Items (1) and (4) of Section 12-21-3990(A) of the 1976 Code are amended to read:
"(1) Bingo is played by more than one player and a caller who is associated with the house. Each player must pay no more or less than face value for each card to be played during the course of a game and may purchase the card for a specified number of games. After the player has purchased a card or cards for a specified number of games, the house cannot require or accept an additional payment or consideration by the player in order to complete the specified number of games. Cards purchased for use with an electronic dabber must be validated by the house at the time of sale with a printed bingo card.
(4) The caller shall draw and announce numbers from the cage one at a time. If a player has a card with the called number on it, he may use a marker or electronic dabber to cover the square which contains the number. After the number is announced, it must be indicated on the master-board by the caller."
SECTION 5. A. Section 12-21-4000(12)(b) of the 1976 Code is amended to read:
"(b) A bingo operation may take in only two times more in gross proceeds than the prize for that session averaged on a quarterly basis. Amounts in excess of this limit are subject to a tax, in addition to any other bingo license taxes and fees equal to the amount of the excess. Each session that the gross proceeds are greater than twice the prize amounts paid constitutes a separate offense if the tax is unpaid. These excess proceeds tax must be remitted to the department on the organization's quarterly bingo report and distributed as provided in Section 12-21-4190. Failure to remit this excess proceeds tax to the department shall result in immediate suspension of both the promoter's license and the organization's license. The department, after a conference with the promoter and organization, may permanently revoke the license of the promoter or the nonprofit organization, or both. If permanently revoked, the promoter, nonprofit organization, or any partner or member of the organization may no longer manage, conduct, or assist in any manner with a bingo operation in this State."
B. Section 12-21-4000 of the 1976 Code is amended by adding at the end:
"(15) A bingo game may not be advertised as 'free bingo'."
SECTION 6. Section 12-21-4020(2) of the 1976 Code is amended to read:
"(2) CLASS B: An organization operating a bingo game offering prizes, which do not exceed eight thousand dollars a session, shall obtain a Class B bingo license at a cost of one thousand dollars. The holder of a Class B license may not conduct more than three six bingo sessions a week."
SECTION 7. Section 12-21-4080(A) of the 1976 Code is amended to read:
"(A) Upon completion of the session, the promoter shall deliver to the representative member of the organization the gross proceeds from the session less the amount paid out as prizes and collected as entrance fees."
SECTION 8. Section 12-21-4090(C) of the 1976 Code is amended to read:
"(C) An organization receiving an annual license to conduct bingo shall establish and maintain one regular checking account designated the 'bingo account' and also may maintain an interest-bearing savings account designated the 'bingo savings account'. All funds derived from the conduct of bingo, less the amount awarded as cash prizes, must be deposited in the bingo account. No Other funds may not be deposited in the bingo account except in the event of a deficit and the charity and promoter shall deposit a loan, severally and equally, to cover the amount of the deficit. Deposits must be made no later than the next business day following the day of the bingo occasion on which the receipts were obtained. All accounts must be maintained in a financial institution in this State."
SECTION 9. Section 12-21-4120 of the 1976 Code is amended to read:
"Section 12-21-4120. A person who is found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request. Any organization or promoter seeking clarification on the play of or operation of a bingo game shall submit to the department's bingo regulatory section a written request seeking a determination as to whether or not a certain or specific action constitutes a violation. A conference may be requested upon the receipt of the clarification request. If the department's enforcement section issues any violation against any promoter or organization for the act while awaiting clarification from the department, then the violation must be withdrawn. Any organization or promoter found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request."
SECTION 10. Section 12-21-4210 of the 1976 Code is amended to read:
"Section 12-21-4210. Bingo cards may not be sold or transferred between licensed organizations, between distributors, or between manufacturers. All unused bingo cards may be returned to the department for refund and destruction. The department is required to refund only the amount retained by the department previously based on the face value of each card and does not include the manufacturer's price or transportation charges to the consignee at destination and such additional charges. If any bingo ceases operation within fifteen days from the purchase of their last voucher and the voucher remains outstanding, the department shall accept the returned paper and credit the value of returned paper against the outstanding voucher. The organization shall then pay the balance of the voucher less the value of returned paper."
SECTION 11. Section 12-21-4270 of the 1976 Code is amended to read:
"Section 12-21-4270. Each licensed nonprofit organization or promoter, in the name of a licensed organization, may obtain bingo cards approved by the department by making application and remitting sixteen and one-half percent of the total face value of the cards to be purchased. Payment to the State for the issuance of bingo cards must be made by check, certified check, or cash within fifteen days of receipt of the application. If payment is made by check and the check is returned by the bank for any reason, the organization or promoter then is required to make payment to the department by certified funds for the remainder of the time that the bingo is in operation. Upon receipt of the application, the department shall notify a licensed distributor, who has purchased bingo cards from a licensed manufacturer that the licensed distributor may release the face value of the bingo cards requested to the licensed organization or promoter. However, no additional bingo cards must be released until payment is received for the prior application of bingo cards. The department is required to set forth procedures to ensure that there is a crosscheck between manufacturers, distributors, and licensed nonprofit organizations or promoters. A quarterly return is required by each manufacturer, distributor, and licensed nonprofit organization or promoter on or before the last day of the month following the close of the calendar quarter outlining those items the department determines necessary to verify the sale and distribution of bingo cards. The sale of bingo cards and entrance fees provided by Section 12-21-4030 are not subject to the admissions tax provided by Section 12-21-2420."
SECTION 12. This act takes effect upon approval by the Governor.
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