justicedao/ipfs_state_laws huggingface dataset:
137-025-0030 Eligibility for Licenses in General (1) Every applicant for a license to conduct bingo, raffle games, or Monte Carlo events must: (a) Be organized primarily for purposes other than the operation of bingo, raffle games, or Monte Carlo events; (b) Have a valid organizational governing structure, and the members of the governing structure must exercise independent control over the organization’s activities and budget; (c) Be exempt from the payment of federal income taxes and have held that exempt status for at least one year preceding its application for a license. The application must be accompanied by a copy of a determination letter from the Internal Revenue Service, verifying tax exempt status or, if the organization qualifies for tax exempt status other than pursuant to IRC 501(c), a signed opinion letter from an attorney or certified public accountant stating that the organization holds tax exempt status and citing the relevant provisions of the Internal Revenue Code which support the tax exempt status. If an Internal Revenue Service determination letter is dated less than one year prior to the date of application to the Department, the applicant shall have the burden of demonstrating that it has met all organizational and operational tests for the exempt status and has been organized primarily for charitable, fraternal or religious purposes for a period of not less than one year prior to the date of the application. Any applicant that claims its tax exempt status through a ruling by the Internal Revenue Service as to its parent organization’s tax exempt status must demonstrate that it is covered by such a ruling. The applicant must have been chartered by the parent organization for a period of one year preceding its application for a license. (2) No joint license for conducting bingo, raffle games, or Monte Carlo events will be issued to two or more organizations. However, the Department may grant approval for a licensee to share the operation of the games with other organizations which would otherwise qualify for a license under section (1) of this rule. (3) Licenses to conduct bingo, raffle games, or Monte Carlo events may not be transferred or assigned. (4) A licensee shall promptly notify the Department if the licensee loses its federal tax exempt status. A license ceases to be valid if the licensee loses its tax exempt status. Statutory/Other Authority: ORS 167.118 & ORS 464.250 Statutes/Other Implemented: HB 3009 & 1997 History: DOJ 8-2018, amend filed 05/30/2018, effective 05/31/2018 DOJ 5-1998, f. 6-19-98, cert. ef. 6-20-98 JD 7-1997(Temp), f. 12-31-97, cert. ef. 1-1-98 thru 6-20-98 JD 8-1987, f. 10-30-87, cert. ef. 11-1-87
137-025-0045 Operation of Linked Progressive Bingo Games — Generally Operation of linked progressive bingo games shall be of two types: single hall and multiple hall games. Multiple hall games shall be operated by a licensed Linked Progressive Bingo Contractor. Single hall games shall also be operated by a Linked Progressive Bingo Contractor except that linked progressive bingo games played at a single hall, involving prizes not exceeding $5,000, may be operated by the licensees operating non-linked games at that location. Statutory/Other Authority: ORS 167.117(10)(12) & 464.250(1) Statutes/Other Implemented: SB 716 & 2003 History: DOJ 8-2018, amend filed 05/30/2018, effective 05/31/2018 DOJ 8-2004, f. & cert. ef. 5-19-04
137-025-0050 Classes of Licenses (1) A “Class A” bingo license shall authorize a licensee to collect a bingo handle of an unlimited amount during the license year. (2) A “Class B” bingo license shall authorize a licensee to collect a bingo handle of no more than $250,000 during the license year. (3) A “Class C” bingo license shall authorize a licensee to collect a bingo handle of no more than $75,000 during the license year. (4) A “Class D” bingo license shall authorize a licensee to collect a bingo handle of no more than $20,000 during the license year. Statutory/Other Authority: ORS 914 Statutes/Other Implemented: HB 3009 & 1997 History: DOJ 5-1998, f. 6-19-98, cert. ef. 6-20-98 JD 7-1997(Temp), f. 12-31-97, cert. ef. 1-1-98 thru 6-20-98 JD 2-1993, f. 6-21-93, cert. ef. 7-1-93 JD 8-1987, f. 10-30-87, ef. 11-1-87
137-025-0070 Issuance of License to Conduct Bingo (1) Within 60 days after the filing of a completed application for a license or license renewal to conduct bingo, the Department shall either issue a license or notify the applicant in writing, in accordance with ORS 183.310 to 183.550, that the license has been denied, and that the applicant is entitled to a hearing. The license shall be effective for one year from the date it is issued and may be renewed annually. The form of the license shall be prescribed by the Department and shall include: (a) The name of the licensed organization; (b) The class of license; (c) The expiration date of the license; (d) The authorized county and specific location where bingo games may be operated by the licensee; and (e) Any special conditions of the license. (2) Each license shall be conspicuously displayed by the licensee during operating hours at its authorized location. Statutory/Other Authority: ORS 464 Statutes/Other Implemented: ORS 464.250(2) History: DOJ 8-2018, amend filed 05/30/2018, effective 05/31/2018 JD 8-1987, f. 10-30-87, ef. 11-1-87
137-025-0080 Bingo License Renewal and Amendment (1) Within 60 days prior to the expiration of an existing bingo license, the licensee may apply to the Department to renew the license. The application and fee shall be the same as for the initial license. (2) A licensee shall not exceed the class limit for gross receipts: (a) As soon as it is apparent to the licensee that the class limit on annual receipts from licensed activities will be exceeded, it shall immediately notify the Department and shall apply for the license class which is proper, submitting the basic fee required for that class less the amount originally submitted for the previous license; (b) Any such additional license issued by the Department shall be valid only for the period which remains in the term of the previous license at the time such additional license is issued. (3) A licensee shall not conduct any bingo operations at a location in addition to the location designated on its license unless approved in advance by the Department and may not change or add a location more than four times a year. A licensee desiring to change its regular authorized location to operate bingo shall submit an application to amend its license on a form prescribed by the Department. Statutory/Other Authority: ORS 464 Statutes/Other Implemented: ORS 464.250(2) History: DOJ 2-2024, amend filed 01/16/2024, effective 01/17/2024 JD 8-1987, f. 10-30-87, ef. 11-1-87
137-025-0091 Licensee/Permittee Qualifications Pursuant to ORS 464.280 and 464.310, an applicant or holder of a bingo or raffle license or permit shall establish the following qualifications: (1) Basic knowledge of the rules and regulations governing the operation of bingo by Class A and B licensees; (2) Honesty, integrity and forthrightness, including completeness of relevant information submitted by the applicant in the course of the application process; (3) Adherence to local, state and federal laws and regulations; (4) Financial responsibility and integrity in financial transactions. Past insolvency, bankruptcy or intention to file for bankruptcy shall not per se disqualify an applicant. Statutory/Other Authority: ORS 464.250(1) Statutes/Other Implemented: ORS 464.280 History: DOJ 2-2024, amend filed 01/16/2024, effective 01/17/2024 JD 2-1993, f. 6-21-93, cert. ef. 7-1-93
137-025-0100 Notice of Bingo Activities Prior to conducting bingo operations, each licensee shall file with the Department a schedule of bingo activities on a form provided by the Department. The form shall list the regular sessions conducted by the licensee, specifying the days and hours of the week. The licensee shall not conduct operations except during the times on file with the Department. A licensee desiring to change its scheduled bingo activities shall file an amended schedule with the Department on a form prescribed by the Department. Statutory/Other Authority: ORS 464 Statutes/Other Implemented: ORS 464.250 History: DOJ 2-2024, amend filed 01/16/2024, effective 01/17/2024 JD 8-1987, f. 10-30-87, ef. 11-1-87
137-025-0110 Operator Lists Each Class A or B bingo licensee shall submit to the Department, on a form prescribed by the Department, a list of the names, address and dates of birth of all employees who conduct bingo operations on behalf of the licensee. An initial list shall be submitted on or before the date the licensee begins conducting bingo operations pursuant to these rules. An updated list of employees shall be filed once every 90 days for Class A licensees and annually for Class B licensees. Statutory/Other Authority: ORS 464 Statutes/Other Implemented: ORS 464.250 History: DOJ 2-2024, amend filed 01/16/2024, effective 01/17/2024 JD 8-1987, f. 10-30-87, ef. 11-1-87
137-025-0115 Application for Linked Progressive Bingo Contractor License (1) An application for a Linked Progressive Bingo Contractor license or license renewal shall be made on a form prescribed by the Department, shall be signed by a responsible official of the organization, and must be accompanied by the license application fee as provided in section (3) of this rule. The Department shall reject applications which are incomplete, are not accompanied by the documents required by this section, or are not accompanied by a sufficient license fee. An applicant shall be immediately notified of any such deficiencies. The license application shall include the following information: (a) The name, address and telephone number of the organization; (b) A statement as to whether or not the organization has had a license to provide equipment or services for bingo or other gambling activity denied, revoked or suspended by the State of Oregon or any other licensing authority; and (c) The full names and physical addresses of the responsible officials of the organization. (2) The applicant shall submit the following documents with the application. The information required in subsections (b) and (c) of this section shall be on forms prescribed by the Department and shall be signed by a responsible official of the organization: (a) Proof of compliance with applicable state and local business registration laws and regulations. (b) As required by Oregon ORS 464.280, a waiver of potential liability claims against the State of Oregon, its agencies, employees, and agents for any damages resulting from any disclosure or publication of any information acquired by the Department during any of its investigations, inquiries or hearings; (c) A consent to allow Department employees access to licensees' place of business for inspection and testing of equipment and to examine records maintained by licensees. (d) A description of the Linked Progressive Bingo Game(s) which the applicant intends to offer to Oregon bingo licensees. (e) Such other information as requested by the Department. (3) The non-refundable application and licensing investigation fee is $500. Statutory/Other Authority: ORS 167.117(10) & (12), 464.250(1) & 914 Statutes/Other Implemented: SB 716 & 2003 History: DOJ 8-2004, f. & cert. ef. 5-19-04
137-025-0117 Application for Linked Progressive Bingo Game Escrow Agent (1) An application for a Linked Progressive Bingo Game Escrow Agent license or license renewal shall be made on a form prescribed by the Department, shall be signed by a responsible official of the organization, and must be accompanied by the license application fee as provided in section (3) of this rule. The Department shall reject applications which are incomplete, are not accompanied by the documents required by this section, or are not accompanied by a sufficient license fee. An applicant shall be immediately notified of any such deficiencies. The license application shall include the following information: (a) The name, address and telephone number of the person or organization; (b) A statement as to whether or not the person or organization has had a license to provide equipment or services for bingo or other gambling activity denied, revoked or suspended by the State of Oregon or any other licensing authority; and (c) The full name(s) and physical address(s) of the responsible official(s) of the applicant. (2) The applicant shall submit the following documents with the application. The information required in subsections (b) and (c) of this section shall be on forms prescribed by the Department and shall be signed by a responsible official of the applicant: (a) Proof of compliance with applicable state and local business registration laws and regulations. (b) As required by Oregon ORS 464.280, a waiver of potential liability claims against the State of Oregon, its agencies, employees, and agents for any damages resulting from any disclosure or publication of any information acquired by the Department during any of its investigations, inquiries or hearings; (c) A consent to allow Department employees access to licensees' place of business for inspection of equipment and to examine records maintained by licensees. (d) Such other information as requested by the Department. (3) The non-refundable application and licensing investigation fee is $50 for an applicant licensed pursuant to ORS 696.505 et seq. The fee for all other applicants is $250. Statutory/Other Authority: ORS 167.117(10) & (12), 464.250(1) & 914 Statutes/Other Implemented: SB 716 & 2003 History: DOJ 8-2004, f. & cert. ef. 5-19-04
137-025-0120 Daily Bingo Records Each bingo licensee shall prepare and retain a daily bingo record on a form prescribed by the Department. A form shall be completed for each session and shall require the following information: (1) The date, time and location of the session. (2) A count of the attendance and the time the attendance count was made. (3) The handle collected during the session. (4) The number of regular bingo game cards sold and the total money collected from such sales. (5) For special bingo games, the number of cards sold and the total money collected from such sales for each game. (6) For each bingo game of a session, the value of the prizes awarded to the winner(s) and the number of winners receiving such prizes. (7) The total value of prizes awarded during the session. Statutory/Other Authority: ORS 464 Statutes/Other Implemented: ORS 464.250(5) History: DOJ 8-2018, amend filed 05/30/2018, effective 05/31/2018 DOJ 13-2001, f. 12-28-01, cert. ef. 1-1-02 JD 7-1987, f. 10-30-87, ef. 1-1-88
137-025-0130 Bingo Winner Records (1) Each bingo licensee shall maintain a record of all winners of prizes valued at $100 or more. The record shall be completed on a form prescribed by the Department. A form shall be completed for each session and shall require the following information: (a) The name and license number of the licensee; (b) The date and game number; (c) A description of the prize; (d) The amount of each cash prize; (e) The name and address of the prize winner; (f) The signature of the prize winner, and (g) the name of the bingo employee or volunteer paying the prize. (2) It shall be the responsibility of the licensee to see that the prize winner is accurately identified, and the licensee shall require such proof of identification as is necessary to establish the winner’s identity. The licensee shall not pay out any prize until the winner has furnished to the licensee all information required by this rule to be upon the prize record. (3) Copies of IRS forms W-2G and 5754 to the extent such forms were required to be completed in connection with the awarding of the bingo prize. (4) The record of prize winners shall be affixed to the daily bingo report for that session, along with a copy of the games schedule for that session, and shall be retained for a period of three years. Statutory/Other Authority: ORS 464 Statutes/Other Implemented: ORS 464.250(5) History: DOJ 8-2018, amend filed 05/30/2018, effective 05/31/2018 JD 7-1987, f. 10-30-87, ef. 1-1-88
137-025-0150 Bingo Fees (1) All annual and quarterly bingo reports filed with the Department shall be accompanied by a fee, made payable to the Department of Justice, as follows: (a) Class D license — $20; (b) Class C license — A fee of $20 plus 0.5 of 1 percent of the bingo handle in excess of $20,000; (c) Class B license — A fee of 0.5 of 1 percent of the bingo handle up to $75,000 and 1 percent of the bingo handle in excess of $75,000; (d) Class A license — A fee of 1.20 percent of the bingo handle up to $3,000,000 and 1 percent of the bingo handle in excess of $3,000,000. (2) A delinquency fee of $20 or 1 percent of the fee described above, whichever is greater, shall be paid by the licensee if the report or regular fee is not delivered to the Department by the due date. The minimum delinquency fee shall increase to $50 after 60 days from the due date of the report. (3) When the filing date for reports and fees falls on a Saturday, Sunday, or legal holiday, the due date is the next business day following the Saturday, Sunday, or legal holiday. Statutory/Other Authority: ORS 464.250(1) Statutes/Other Implemented: ORS 464.250(2) & (3) History: DOJ 8-2018, amend filed 05/30/2018, effective 05/31/2018 DOJ 7-2006, f. 12-12-06, cert. ef. 1-1-07 JD 2-1993, f. 6-21-93, cert. ef. 7-1-93 JD 7-1987, f. 10-30-87, ef. 1-1-88
137-025-0170 Bingo Checking Account Each Class A or B licensee shall have one or more separate checking accounts for bingo related purposes. All bingo proceeds, except amounts paid for prizes shall be deposited in the bingo checking account within three business days of their collection. Expenses which are exclusively related to the conduct of bingo games shall be paid from the bingo account. After bingo expenses have been paid, the licensee may transfer funds from the bingo account to another account of the licensee. The licensee shall retain a copy of all bingo checking account records, including account statements, canceled checks, check registers, and deposit slips for a period of three years. Statutory/Other Authority: ORS 464 Statutes/Other Implemented: ORS 464.250(5) History: JD 7-1987, f. 10-30-87, ef. 1-1-88
137-025-0181 Operation of Linked Progressive Bingo Games A licensed Linked Progressive Bingo Contractor shall not operate such a game in Oregon unless it complies with the following: (1) The specific characteristics/format of the game and the equipment/software have been approved by the Department. (2) The Contractor has furnished to the Department proof of certification by Gaming Laboratories International, Inc. testing laboratory pursuant to GLI-12 standards or certification by another nationally recognized laboratory pursuant to the preceding standards or standards determined by the Department as being equivalent and any other integrity standards communicated by the Department to the testing laboratory. (3) The approved Oregon game is not conducted at locations other than those sites of Oregon bingo licensees licensed by the Department. (4) The contractor has submitted and the Department has approved: (a) A model contract between the contractor and bingo licensees; (b) A schedule of lease fees to be charged to bingo licensees, including any proposed discounts; and (c) A model contract between the contractor and the linked progressive bingo game escrow agent. (5) A contractor that desires to change the specific characteristics/format of a game which has been approved by the Department pursuant to paragraph (1) above, shall make written application for changes to the Department. The application shall certify that all participating bingo licensees have been notified of the proposed change(s). The Department shall approve or disapprove of the proposed change(s) within 5 business days. Statutory/Other Authority: ORS 167.117(10) & (12), 464.250(1) & 914 Statutes/Other Implemented: SB 716 & 2003 History: DOJ 8-2004, f. & cert. ef. 5-19-04
137-025-0182 Linked Progressive Bingo Game Contracts The contract between the Linked Progressive Bingo Game Contractor and a bingo licensee shall provide for the schedule of prize pool contributions to be made by the licensee to the linked progressive bingo game escrow agent. The schedule shall be the same for all licensees and may not be changed without the approval of the Department. The contractor shall provide that if a licensee does not make scheduled payments to the escrow agent, its access to the game(s) will be terminated. A bingo licensee's access to the game shall not be activated until a copy of the signed completed contract has been received by the Department. Statutory/Other Authority: ORS 167.117(10) & (12), 464.250(1) & 914 Statutes/Other Implemented: SB 716 & 2003 History: DOJ 8-2004, f. & cert. ef. 5-19-04
137-025-0183 Access to Linked Progressive Bingo Games A Linked Progressive Bingo Game Contractor shall be responsible for implementing and maintaining adequate security measures to restrict access to the electronic linked bingo system to other than authorized parties. Only authorized parties may access the system for legitimate lawful purposes. Authorized parties include Oregon gaming licensees, the designated escrow agent and the Department. A linked bingo system shall be restricted from access by the general public through internet and any other electronic means. Statutory/Other Authority: ORS 167.117(10) & (12), 464.250(1) & 914 Statutes/Other Implemented: SB 716 & 2003 History: DOJ 8-2004, f. & cert. ef. 5-19-04
137-025-0186 Operation of Linked Progressive Bingo Games Such games may be operated by a Linked Progressive Bingo Contractor or a group of licensees operating games at the hall. If operated by a Contractor, the contractor shall be licensed and comply with all rules as provided for Multiple Hall Linked Progressive Bingo Games, including those providing for the utilization of a licensed escrow agent. If operated by the licensees, they shall comply with the following: (1) The licensees shall apply to the Department for approval to operate the game. Approval shall include: (a) The specific characteristics/format of the game, (b) Any specific equipment/software to be utilized to operate the game; (c) The proposed arrangement and mechanics for operation of a common prize pool, including the identity of the licensee that will hold the prize pool funds; and (d) The proposed method of verifying winners of linked progressive bingo games, including the method for confirming that winners have paid to participate in the linked progressive bingo game if an additional payment is required. (2) When a linked progressive bingo game winner is verified, all other participating licensees shall immediately be notified and the game prize shall immediately be reset to the advertised minimum prize. Statutory/Other Authority: ORS 167.117(10) & (12), 464.250(1) & 914 Statutes/Other Implemented: SB 716 & 2003 History: DOJ 8-2004, f. & cert. ef. 5-19-04
137-025-0188 Linked Progressive Bingo Games Escrow Agent Reports (1) Each Linked Progressive Bingo Games Escrow Agent shall file a monthly report with the Department not later than 10 days after the end of each month. The report shall be on a form prescribed by the Department. The report shall include the following information: (a) The total escrowed funds deposited during the reporting period. (b) An itemized record of the escrowed funds paid to the escrow agent by each participating licensee, listing the amount and date received. (c) The total prize payouts made by the escrow agent, listed by participating licensee and each winning player and showing the date of the payout. (2) Escrow agents will maintain adequate records to document the custody and transfer of funds under their control for a period of not less than three years. Statutory/Other Authority: ORS 167.117(10) & (12), 464.250(1) & 914 Statutes/Other Implemented: SB 716 & 2003 History: DOJ 8-2004, f. & cert. ef. 5-19-04