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4923Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20000413Primary Sponsor: WilkesAll Sponsors: Wilkes, Bowers, Harvin, Hayes, M. McLeod, Rhoad and WoodrumDrafted Document Number: l:\council\bills\bbm\9476htc00.docResiding Body: HouseCurrent Committee: Ways and Means Committee 30 HWMSubject: Bingo; licensing, conducting, regulating of; Bingo Tax Act of 1996 revisions; Distributor of supplies; Gambling, RevenueHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000413 Introduced, read first time, 30 HWM referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1300, SO AS TO PROHIBIT A BINGO DISTRIBUTOR FROM OFFERING OR EXTENDING CREDIT FOR BINGO SUPPLIES FOR MORE THAN THIRTY DAYS AND TO REQUIRE A BINGO DISTRIBUTOR TO NOTIFY THE DEPARTMENT OF REVENUE IF THE DISTRIBUTOR HAS NOT RECEIVED PAYMENT IN FULL FOR BINGO SUPPLIES WITHIN THIRTY-FIVE DAYS OF DELIVERY; TO AMEND SECTIONS 12-21-3920, 12-21-3950, 12-21-3990, 12-21-4000, 12-21-4020, 12-21-4080, AND 12-21-4090, RELATING TO DEFINITIONS, PROMOTERS' LICENSES, MANNER OF PLAY, PROCEDURES, BINGO LICENSES AND LICENSE TAXES, DUTIES OF PROMOTERS, AND MANAGEMENT AND ACCOUNTING OF FUNDS FOR PURPOSES OF THE BINGO TAX ACT OF 1996, SO AS TO PROVIDE ADDITIONAL DEFINITIONS, REQUIRE THE DEPARTMENT OF REVENUE TO ACT ON AN APPLICATION FOR A PROMOTER'S LICENSE WITHIN FORTY-FIVE RATHER THAN THIRTY DAYS, REVISE CONDUCT OF THE GAME OF BINGO, TO APPLY THE ADDITIONAL TAX ON GROSS PROCEEDS IN EXCESS OF TWICE THE PRIZE FOR THAT SESSION TO A QUARTERLY AVERAGE OF SUCH PROCEEDS, TO ELIMINATE THE CLASS AA BINGO LICENSE, TO INCREASE THE LICENSE FEE ON A CLASS B LICENSE FROM EIGHT TO TWELVE THOUSAND DOLLARS, TO ALLOW SIX RATHER THAN THREE SESSIONS A WEEK AND PROHIBIT SESSIONS ON CERTAIN HOLIDAYS FOR A CLASS B LICENSE, TO DELETE ENTRANCE FEES FROM THE AMOUNTS DEDUCTED FROM GROSS PROCEEDS IN A PROMOTER'S PAYMENT TO A CHARITY, AND TO ALLOW LOAN PROCEEDS TO COVER A DEFICIT TO BE DEPOSITED IN A BINGO ACCOUNT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 24, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-1300. (A) A distributor may not offer or extend credit to an organization for a period of more than thirty days for the sale of any bingo supplies. The thirty-day period allowed by this subdivision begins with the day following the day of invoice and includes all successive days, including Sundays and holidays, to and including the thirtieth successive day.
(B) If a distributor does not receive payment in full from an organization within thirty-five days of the delivery of bingo supplies, the distributor shall notify the department in writing of the delinquency."
SECTION 2. Section 12-21-3920 of the 1976 Code, as added by Act 449 of 1996, 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 3. Section 12-21-3950(B) of the 1976 Code, as added by Act 449 of 1996, 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 4. Items (1) and (4) of Section 12-21-3990(A) of the 1976 Code, as added by Act 449 of 1996, 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.
(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. Section 12-21-4000(12)(b) of the 1976 Code, as added by Act 449 of 1996, 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. 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."
SECTION 6. Items (1) and (2) of Section 12-21-4020 of the 1976 Code, as added by Act 449 of 1996, are amended to read:
CLASS AA: An organization operating a bingo game offering prizes with a minimum payout of fifty thousand dollars a session shall obtain a Class AA bingo license at a cost of four thousand dollars. The prizes offered at any one session may not exceed two hundred fifty thousand dollars. The holder of a Class AA license may not conduct more than one bingo session a month.
(2) CLASS B: An organization operating a bingo game offering prizes, which do not exceed
eight twelve 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. The holder of a Class B license may not conduct any sessions on the official holidays of Easter Sunday, Thanksgiving Day, Christmas Eve, or Christmas Day."
SECTION 7. Section 12-21-4080(A) of the 1976 Code, as added by Act 449 of 1996, 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, as added by Act 449 of 1996, 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, except in the event of a deficit, a loan to a charity, may be deposited in the bingo account. 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. This act takes effect upon approval by the Governor.
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