137-025-0190 Exceptions Approved by Department (1) A bingo licensee that has received tax exempt status under the Internal Revenue Code Section 501(c)(3) and was operating a bingo game in Oregon in January, 1987, may apply for certain exceptions as provided in ORS 464.390. Requests for exceptions shall be prepared on forms prescribed by the Department. The forms shall include a description of why the licensee believes there is a compelling community need for the charitable activities funded by its bingo operations, a list of limits for which it seeks an exception plus the desired levels for which approval is sought, an explanation as to why its funding will be reduced unless the specific exceptions are granted, a monthly financial summary of its bingo operations for the period of January 1, 1986 to June 30, 1987, including the handle, the amount paid for prizes, the net receipts and the organization’s regular hours of operation and such other information as may be requested by the Department. (2) For purposes of this rule, “funding” shall refer to the net receipts from bingo operations available to the licensee after prizes, expenses and fees to the Department have been paid. (3) The Department shall consider the following factors in evaluating whether there is a compelling community need for the charitable activities funded by a bingo operation: (a) The nature of the charitable activities conducted or supported to date; (b) The importance of those activities to the community; (c) The prospect that those activities will be assumed by another organization or governmental entity or that a charitable beneficiary can find similar funding or services elsewhere in the community; and; (d) The level of community involvement in the organization’s activities, including community financial support received through fundraising other than bingo and participation by individuals in the community in the management of the organization. (4) For purposes of determining whether or not the Act will seriously reduce an organization’s funding, the Department shall consider the level of net receipts generated by the bingo operation prior to June 30, 1987 and shall account for inflation in approving any exception. In approving any exception, the Department shall presume that, except for the payment of fees required by this Act, the net receipts as a percentage of handle for the period covered by the exception shall not be less than the comparable relationship which existed prior to June 30, 1987. (5) The Department shall review the exceptions granted under this rule not less than once per year, unless the Department determines that there has been a material change of circumstances since the time the exceptions were granted to the licensee, in which case the Department shall initiate an immediate review of the license. The Department will not continue an exception that otherwise meets the requirements of this rule if there has been a material change of circumstances as defined in ORS 464.390(4) since the time when the licensee was granted the exception. 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 8-1987, f. 10-30-87, ef. 11-1-87