H*2450 Session 103 (1979-1980)
H*2450(Rat #0614, Act #0496 of 1980) General Bill, By House Judiciary
A Bill to define the terms and manner of playing the game of bingo and to
further define which organizations may conduct the game of bingo; and to
designate certain portions of Horry and Charleston Counties as County
Fairs.-at
02/13/79 House Introduced, read first time, placed on calendar
without reference HJ-517
02/15/79 House Debate adjourned HJ-591
02/20/79 House Debate adjourned HJ-654
02/21/79 House Debate adjourned HJ-671
03/13/79 House Debate adjourned HJ-824
03/14/79 House Amended HJ-861
03/14/79 House OBJECTION HJ-862
03/29/79 House Debate adjourned until TUESDAY, MAY 1, 1979 HJ-1095
05/31/79 House Debate adjourned HJ-2383
01/09/80 House Amended HJ-104
01/09/80 House Read second time HJ-106
01/10/80 House Read third time and sent to Senate HJ-153
01/10/80 Senate Introduced and read first time SJ-12
01/10/80 Senate Referred to Committee on Judiciary SJ-12
05/28/80 Senate Committee report: Favorable Judiciary SJ-13
06/03/80 Senate Read second time SJ-18
06/03/80 Senate Ordered to third reading with notice of
amendments SJ-18
06/04/80 Senate Read third time and enrolled SJ-81
06/05/80 House Ratified R 614 HJ-3675
06/11/80 Signed By Governor
06/11/80 Effective date 06/11/80
06/11/80 Act No. 496
06/24/80 Copies available
(A496, R614, H2450)
AN ACT TO DEFINE THE TERMS AND MANNER OF PLAYING THE GAME OF BINGO AND TO
FURTHER DEFINE WHICH ORGANIZATIONS MAY CONDUCT THE GAME OF BINGO; AND TO
DESIGNATE CERTAIN PORTIONS OF HORRY AND CHARLESTON COUNTIES AS COUNTY FAIRS.
Whereas, Section 7 of Article XVII of the Constitution of this State was
amended to allow the game of bingo to be played when conducted by certain
organizations; and
Whereas, there has been uncertainty on the part of the public and the law
enforcement agencies of this State as to what is permitted by the amendment;
and
Whereas, the General Assembly finds that there is a public need for
clarification of the terms and method of playing the game of bingo as
permitted by the amendment; and
Whereas, the amendment permits bingo to be conducted under limited
circumstances not clearly defined. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
Section 1. For the purposes of this act:
(1) "Ball" means a ball, disk, square or other object upon which
is printed a letter and number which corresponds to the letter and number of a
square on a bingo card.
(2) "Cage" means a device, whether operated manually or by air
blower, in which bingo balls are placed prior to commencement of the bingo
game.
(3) "Caller" means the house representative who is responsible for
drawing bingo balls and announcing to the players the result of each drawing.
(4) "Card" means a printed design on which there are arranged five
horizontal rows and five vertical columns forming twenty-five squares. Numbers
are printed in twenty-four of the squares and the term "free",
"free square" or "free space" is printed in the square or
space located in the center of the card. The five columns are denominated from
left to right by the respective letters of the word "B-I-N-G-O".
Each square in the "B" column contains a number from one through
fifteen inclusive; each square in the "I" column contains a number
from sixteen through thirty inclusive; except for the center space which is
marked as free, each square in the "N" column contains a number from
thirty-one through forty-five inclusive; each square in the "G"
column contains a number from forty-six through sixty inclusive; and each
square in the "O" column contains a number from sixty-one through
seventy-five inclusive. No number appears twice on the same card.
(5) "Drawing" means the indiscriminate selection of a single ball
from the cage.
(6) "Game" means the course of play from the calling of the first
number that is allowed to be covered until a winner is declared for that
particular set of numbers called.
(7) "House" means the charitable, religious or fraternal
organization exempt from federal income taxation which conducts the bingo
game.
(8) "Marker" means the chip, disk, kernel of corn or other object
placed upon a square on a card to indicate that the number in the square has
been drawn.
(9) "Master board" means the receptacle used by the house to
display balls which are drawn during the bingo game.
(10) "Player" means one who participates in a game of bingo other
than as an agent or representative of the house.
(11) "Session" means any consecutive series of bingo games within
a twenty-four hour period.
Conditions when bingo deemed not a lottery
Section 2. The game of bingo, when conducted by charitable, religious or
fraternal organizations exempt from federal income taxation or when conducted
at recognized annual state and county
fairs, shall not be deemed a lottery when:
(1) the charitable, religious or fraternal organization which conducts the
game:
(a) maintains a valid bingo certificate issued by the Secretary of State,
such certificate shall be issued upon the receipt by the Secretary of State of
the following:
(i) the original or certified copy of the statement issued by the
Internal Revenue Service exempting such organization from federal income
taxation due specifically to its status as a charitable, religious or
fraternal organization, and .
(ii) a completed application and a fee of twenty-five dollars on a form
to be provided by the Secretary of State, such form to contain the following:
the names of the officers of the organization, the location of the
organization and a sworn statement by an officer that the profits derived from
the game of bingo shall be used for the charitable, religious or fraternal
purposes of the organization.
(2) the recognized annual state or county fair which conducts the game has
procured an annual bingo certificate from the Secretary of State. The
certificate, which shall contain the names of the officers and the location of
the fair, shall be based upon proof that the fair is recognized by the
governing body of the county in which it is held, or in the case of the state
fair, by the South Carolina Agricultural and Mechanical Society. Provided,
that for the purposes of this act, all that area of Horry County east of the
waterway, except where prohibited by zoning laws or ordinances, is designated
as a county fair from May fifteenth through September fifteenth of each year.
Provided, further, that for the purposes of this act, all that area of
Charleston County on the Isle of Palms being within the bounds described as
follows is designated as a county fair: beginning at a point at the fishing
pier running west until it intersects Harbor Oaks Street, then running along
Harbor Oaks Street in a southeasterly direction until it intersects Fourteenth
Street, then running in a due east direction until it intersects the mean high
water mark of the Atlantic Ocean, then running north along the mean high water
mark of the Atlantic Ocean to the point of beginning.
Playing of bingo
Section 3. The game of bingo shall be played in the following manner:
(1) Bingo is played by more than one player and a caller who is associated
with the house. Each player pays an amount certain for each card to be played
during the course of a game. A player may play more than one card 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 any additional payment or
consideration by the player in order to complete the specified number of
games.
(2) Before each game begins the caller will announce to the players a
configuration or configurations that will win the game. A configuration
consists of covering a number of grids in some geometrical design such as, but
not limited to, a line, square or the four corners of the card.
(3) At the beginning of each game the caller shall also announce the prize
that will be awarded to the winner. After the prize has been announced and the
game has commenced, the prize shall not be diminished or altered. The prize
shall be awarded to the winner of that game without delay; provided, however,
that any prize which is accumulated or carried forward as the prize for
winning a special game must be awarded to a winning player within twenty weeks
of the date the prize is first offered. In the case of multiple winners the
prize shall be equally divided among the winners. No more than two cumulative
jackpots may be offered during a session. Jackpots must be totally disbursed
within a twenty-session period. Cumulative jackpots may not exceed one
thousand dollars each.
(4) The caller shall draw numbers from the cage one at a time. As each
number is selected it is announced to the players. If a player has a card with
the called number on it he may use a marker to cover the square which contains
the number. After the number is announced, it will be so indicated on the
masterboard by the caller.
(5) When a player covers sufficient squares on a card to achieve
the winning configuration, he may so indicate to the caller. The caller must
require that the player's card be checked against the masterboard in the
presence of the other players to determine if the squares were covered
accurately. If it is determined by the caller that the player has accurately
covered the squares and achieved the preannounced configuration, the player is
declared the winner. If it is determined that the player has not accurately
covered the squares and achieved the preannounced configuration, play shall
continue in that game.
(6) No more than three bingo sessions may be conducted by the sponsoring
organization in a week or any seven-day period nor may more than one
sponsoring organization use a location in a week or any seven-day period;
provided, however that a recognized annual state or county fair which has
obtained the requisite certificate from the Secretary of State, as provided
for in Section 2 (2), shall be exempt from this provision
Procedures for conducting game of bingo
Section 4. In addition to the manner of play prescribed in Section 3, the
following procedures shall apply to the conduct of the game:
(1) Prior to the commencement of the first game, all seventy-five balls must
be openly displayed on the masterboard for the inspection of the players.
(2) Only one set of seventy-five balls and only one masterboard are allowed
in the room or area during the play of the game.
(3) Only one bet or payment is to be paid per card.
(4) No bets or payments are to be made while a game is in progress, except
the sale of cards for subsequent games.
(5) Prior to the start of play the caller shall announce to all players the
prize to be awarded for that game.
(6) The house is required to identify the games for which a card may be used
prior to purchase of the card.
(7) Prior to the start of play the caller shall announce to all players the
winning configuration of covered squares for that particular game.
(8) The prize shall be awarded to the first person who successfully achieves
the winning configuration of covered squares.
(9) Balls must be randomly selected by an indiscriminate process.
(10) Only one number may be called at a time.
(11) All balls drawn must remain on the masterboard until the conclusion of
the game.
(12) (a) When an organization conducts a weekly game, all jackpot prizes are
to be awarded within twenty weeks after the date they were first offered.
(b) For all other games conducted, and at all fairs, the offered prize is to
be awarded to a player at the conclusion of each game.
(13) A minimum of sixty percent of the gross proceeds taken in by the house
shall be returned to the players in the form of prizes.
(14) All cards used in a game shall sell for an equal value.
(15) The playing of bingo is restricted to the premises designated with the
Secretary of State by the sponsor organization.
Bingo deemed to be lottery
Section 5. The playing of any game of bingo for a wager other than as
provided for by the provisions of this act shall be deemed a lottery subject
to the provisions of Chapter 19 of Title 16 of the Code of Laws of South
Carolina. 1976.
Attorney General not to have authority to promulgate regulations
Section 5A. Notwithstanding any other provision of law, the South Carolina
Attorney General shall have no authority to promulgate any rules or
regulations relative to the game of bingo.
Time effective
Section 6. This act shall take effect upon approval by the Governor. |