justicedao/ipfs_state_laws huggingface dataset:
137-025-0415 Application for Monte Carlo Supplier/Event Contractor License (1) An application for a Monte Carlo equipment supplier and a Monte Carlo event 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 Monte Carlo events, bingo or raffle games denied, revoked or suspended by the State of Oregon or any other licensing authority; and (c) The full names and 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 examine records maintained by licensees; (d) Consent to allow Department employees to be present on the premises where Monte Carlo events are held before, during, an after the conduct of the Monte Carlo event to inspect and test equipment and examine records maintained by licensee; (e) A list of all games and gaming equipment offered for sale, lease, or rental; (f) Such other information as requested by the Department. (3) The non-refundable application and licensing investigation fees are as follows: (a) Monte Carlo equipment supplier license — $50; (b) Monte Carlo event contractor license — $300. Statutory/Other Authority: ORS 914 Statutes/Other Implemented: HB 3009 & 1997 History: DOJ 7-2006, f. 12-12-06, cert. ef. 1-1-07 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
137-025-0420 Issuance of License to Conduct Monte Carlo Events or Supply Equipment and Services (1)(a) Within 60 days after the filing of a completed application for a license or license renewal pursuant to OAR 137-025-0410 or 137-025-0415, 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. (b) The license shall be effective for one year from the date it is issued and may be renewed annually. (2) 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) Any special conditions of the license. 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
137-025-0425 Monte Carlo License Renewal and Amendment (1) Within 60 days prior to the expiration of an existing Monte Carlo event license or a Monte Carlo equipment supplier or event contractor 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 Monte Carlo event licensee shall not exceed the class limit for gross receipts: (a) If a Class B licensee desires to conduct games with sales in excess of $5,000 the limits described in OAR 137-025-0405(2), it shall notify the Department and shall apply for a Class A license, 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. 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
137-025-0430 Conduct of Monte Carlo Events in General (1) Any person, corporation, or organization desiring to conduct Monte Carlo events shall: (a) Comply with and meet all applicable provisions of ORS 128.610 et seq., 167.117 et seq., 464.250 et seq., OAR 137-025 et seq. and the applicable provisions of all other state, federal, and local laws. (b) Be issued and maintain all applicable local licenses. (2) A Monte Carlo event licensee shall not sell imitation money more than twelve months in advance of the event date. (3) No Monte Carlo event shall be conducted that exceeds 12 hours in length. For the purposes of this subsection, the 12-hour period is not dependent upon whether contests of chance are continuously operated. (4) Monte Carlo events shall not be conducted in the same location more than 15 times in a calendar month or 40 times in a calendar year. (5) An organization conducting a Monte Carlo event may not directly or indirectly rent a facility for the event from a licensed Monte Carlo equipment supplier or a Monte Carlo event contractor. (6) Any Monte Carlo event contractor, employee, or agent assisting the conduct of a Monte Carlo event shall wear a printed or typed name tag clearly visible by the participants. The printing on the tag shall include, but not be limited to the following: (a) First name of the person; (b) The name of the private Monte Carlo event contractor’s company for whom the person is working. Statutory/Other Authority: ORS 464.250(1) 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
137-025-0435 Notice of Monte Carlo Event (1) At least 10 days prior to conducting a Monte Carlo event, each Monte Carlo licensee shall submit to the Department a completed Monte Carlo event notice for all Monte Carlo events where sales of imitation money are intended to exceed $5,000. (2) The notice shall be submitted on a form to be obtained from the Department. The information to be submitted shall include: (a) The name of the organization; (b) The organization’s Monte Carlo event license number; (c) The location, date and time for the event; (d)(A) A description of; and (B) The retail value of the prizes to be awarded which exceed $100 in value; (e) A description of the manner in which imitation money may be redeemed for prizes. (f) The name and address of any supplier of rented Monte Carlo equipment and/or any Monte Carlo event contractor that will conduct the event. A copy of any contract for such equipment or services shall accompany the notice. (g) The name and address of the facility where the Monte Carlo event will be held. A copy of the contract for such facility shall accompany the notice. (h) A listing of which types of games will be offered in accordance with OAR 137-025-0460. Statutory/Other Authority: ORS 464.250 Statutes/Other Implemented: HB 3009, 1997 & ORS 464.250 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
137-025-0440 Monte Carlo Equipment Supplier/Event Contractor Contracts (1) A Monte Carlo event contract with a licensed Monte Carlo equipment supplier and/or a Monte Carlo event contractor shall include, but not be limited to the following: (a) Name and license number of the non-profit tax exempt organization which will conduct the event; (b) Name and license number of the Monte Carlo equipment supplier and/or Monte Carlo event contractor; (c) Date, times and location of events to be conducted; (d) Detailed list of games to be conducted; (e) Description of gaming equipment including number of gaming tables to be supplied; (f) All rental terms and conditions including contract price; (g) Number of dealers or other workers supplied, if any; and (h) Signature and name of official of each party to the contract. (2) A contract shall not provide for the operation of events for a period that exceeds one year in duration. (3) No licensee shall pay a percentage of the receipts of the net profits from the Monte Carlo event for the rental of Monte Carlo event equipment, services, labor, or premises. (4) A Monte Carlo event contractor shall deliver to the Department a copy of any contract for services no less than ten days prior to the Monte Carlo event. Statutory/Other Authority: ORS 464.250(1) 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
137-025-0450 Purchase/Sale of Monte Carlo Imitation Money (1) Imitation money shall be sold only by bona fide members or employees of the licensee organization. No imitation money shall be sold, or cash handled, by a Monte Carlo event contractor, their agents, or employees regardless of whether said person is a member of the licensed charitable, fraternal, or religious organization. (2) All imitation money sold for use at a Monte Carlo event shall be identifiable as sold by the particular licensee or event contractor operating the event. A licensee may not collect from any player a sum in excess of $500 per event for the purchase of imitation money for use at such Monte Carlo event. (3) A Class A licensee shall follow the following described procedures in the sale of imitation money to Monte Carlo players. (a) Each player shall receive a player identification card. The cards shall be sequentially numbered and the player’s name shall be completed on the card. The player’s name shall also be entered next to the same sequential number on a form prescribed by the department. (b) The player identification card shall contain incremental amounts of money, the total of which shall not exceed $500. Each time the player purchases imitation money, the licensee’s seller shall cancel an amount on the card equal to the amount paid by the player. (c) The licensee shall make good faith efforts to collect all player identification cards before the close of the event. (4) Licensees shall conspicuously post a notice that no player may pay more than $500 for imitation money per event. Statutory/Other Authority: ORS 464.250 Statutes/Other Implemented: HB 3009, 1997 & ORS 464.250 History: DOJ 2-2024, amend filed 01/16/2024, effective 01/17/2024 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
137-025-0455 Monte Carlo Event Prizes (1) No cash prize shall be offered or awarded. Once purchased, imitation money cannot be redeemed for cash or cash equivalent. (2) No prize shall be offered or awarded with a retail market value in excess of $50,000 and the retail market value of prizes offered or awarded to Monte Carlo players shall not exceed $100,000 per event. 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
137-025-0460 Authorized Games (1) During a Monte Carlo event, an organization may conduct only the following authorized games of chance without prior written approval from the Department: (a) Blackjack; (b) Roulette; (c) Craps; (d) Caribbean stud poker; (e) Let it ride; (f) Wheel of fortune; (g) Red dog; (h) Jackpot; (i) Pai gow; and (j) Texas Hold'em. (2) No other games may be conducted unless approved in writing by the Department. To be considered for approval, an authorized game request must be submitted in writing to the Department at least 30 days prior to the event. (3) No games utilizing any electromechanical device or other mechanism employing electronic chips, tubes, video display screens or microprocessors are allowable. (4) Equipment used in the conduct of a Monte Carlo event shall be maintained in good repair and proper working order. Equipment which is not so maintained may immediately be removed from play at the direction of the Department. (5) The utilization of equipment and method of play shall be such that each participant is afforded an equal chance of winning. (6) No organization worker or contract worker shall conduct the game when their immediate family member is a participant at the worker’s table. (7) No person under the age of 18 years of age shall be permitted to participate in gaming at the Monte Carlo event or assist in the conduct of the Monte Carlo event. (8) No volunteer or employee of a licensee or employee or agent of a Monte Carlo event contractor may participate in playing any game, either directly or indirectly or by proxy, or bid on, or receive any prize, at any Monte Carlo event at which they have worked in any capacity. (9) Each game shall be conducted by a dealer present at the gaming table. The dealer shall be an employee or volunteer of the organization conducting the event or an employee or agent of a licensed Monte Carlo event contractor. Statutory/Other Authority: ORS 464.250(1) Statutes/Other Implemented: HB 3009 & 1997 History: DOJ 2-2024, amend filed 01/16/2024, effective 01/17/2024 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
137-025-0470 Monte Carlo Event Reports (1) A Monte Carlo event licensee shall file an annual report with the Department of Justice no later than 60 days after the end of the license year. The report shall be on a form prescribed by the Department. The report shall include the following information: (a) The number of Monte Carlo events held during the license year; (b) The date of each event; (c) The total Monte Carlo imitation money sales of each event; (d) The total Monte Carlo expenses relating to the conduct of each event; (e) The total cost to the licensee of all Monte Carlo prizes awarded; (f) For purposes of this rule, if other activities are held at the event, the licensee may make a reasonable allocation between the Monte Carlo and non-Monte Carlo activities. (2) All Monte Carlo event reports shall be signed by a responsible official of the organization. Statutory/Other Authority: ORS 914 Statutes/Other Implemented: HB 3009 & 1997 History: DOJ 5-1998, f. 6-19-98, cert. ef. 6-20-98
137-025-0475 Monte Carlo Event Records A Monte Carlo event licensee shall maintain the following records or information on forms prescribed by the department, with regard to individual Monte Carlo events and retain the information for a period of three years: (1) In the case of a Class A licensee, the information relating to the sale of imitation money at each Monte Carlo event required by OAR 137-025-0450(3). In the case of a class B licensee, information sufficient to establish gross sales of imitation money at each Monte Carlo event. (2) All Monte Carlo expenses relating to the conduct of each Monte Carlo event; (3) A description of all Monte Carlo prizes offered in conjunction with each Monte Carlo event, and the retail value of each prize which is valued at $200 or more. In addition, the licensee shall maintain a record of the name and address or other contact information provided by the prize winner. A Monte Carlo licensee shall maintain copies of receipts from the vendor relating to the purchase of all noncash prizes awarded with a retail value of more than $500. For all other noncash prizes advertised as having a retail value of more than $500, the licensee shall maintain records identifying the prize, the donor or other source of the prize, and the basis for determining the prize's retail value; (4) Any contract with a licensed supplier of Monte Carlo event equipment and/or a licensed Monte Carlo event contractor; (5) Any contract for rental/use of premises for the event; and (6) Copies of IRS forms W-2G and 5754 to the extent such forms were required to be completed in connection with the awarding of a Monte Carlo prize. Statutory/Other Authority: ORS 464.250 Statutes/Other Implemented: HB 3009, 1997 & ORS 464.250 History: DOJ 2-2024, amend filed 01/16/2024, effective 01/17/2024 DOJ 8-2018, amend filed 05/30/2018, effective 05/31/2018 DOJ 5-1998, f. 6-19-98, cert. ef. 6-20-98
137-025-0480 Monte Carlo Event Fees (1) All annual Monte Carlo reports filed with the Department shall be accompanied by a fee, made payable to the Department of Justice, of 1 percent of the Monte Carlo handle listed in the report. A delinquency fee of $20 or one 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. (2) 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 Statutes/Other Implemented: HB 3009, 1997 & ORS 464.250 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 DOJ 5-1998, f. 6-19-98, cert. ef. 6-20-98
137-025-0500 Suspension, Revocation and Civil Penalties (1) After notice and opportunity for hearing, as provided in ORS 183.310 to 183.550, the Department may assess a civil penalty not to exceed $10,000 and may deny, revoke, suspend or refuse to renew any license or permit, for conduct as specified in ORS 464.470. In setting the amount of the civil penalty or the term of suspension, the Department shall consider the nature of the violation and whether the applicant, licensee, permit holder, or person with an interest in the bingo or raffles operation or proposed operation knew or should have known that the conduct constituted grounds for such action. (2) The Department may take actions as specified in subparagraph (1) for conduct as describe in ORS 464.470. Such conduct includes, but is not limited to: (a) Violating ORS 167.117, 167.118, ORS Chapter 464, or these rules; (b) Denying representatives of the Department or any law enforcement officer access to a location where a licensee conducts bingo, raffle or Monte Carlo game activity, or failing to promptly produce for the preceding officials for inspection or audit any records or receipts related to bingo, raffle or Monte Carlo operations; (c) Misrepresenting or failing to disclose to the Department any material fact; (d) Failing to file completed reports or pay fees within 30 days after receiving notification from the Department of a delinquency; and (e) Operating a bingo, raffle game, or Monte Carlo event without a license, unless exempt under OAR 137-025-0040; (f) Failing to maintain an adequate financial record keeping system and/or failure to keep accurate financial books and records. (3) In determining whether to deny, revoke or suspend a license or permit due to past criminal activity, the Department will consider the following with respect to the applicant/licensee/permittee: (a) The nature and severity of the criminal act(s); (b) The relevance of the crime as it relates to the legal operation of nonprofit gaming; (c) Mitigating or extenuating circumstances; (d) Proximity in time of the criminal activity; (e) Age at the time of the criminal activity; (f) Pattern or frequency of criminal activity; and (g) Honesty and forthrightness in disclosing the past criminal activity to department personnel. (4) The Department may deny, revoke or suspend a license or permit if the applicant is a relative or associate of another individual or organization who has engaged in conduct in violation of ORS 464.470(1) and there is clear and convincing evidence that the applicant is likely to be subject to the control or influence of the violator. (5) The Department may require an applicant, permittee or licensee whose permit or license has been denied or revoked to wait a period of time designated by the Department before reapplying for a permit/license. Statutory/Other Authority: ORS 464.250(1) 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, Renumbered from 137-025-0320
137-025-0520 Model APA Rules The Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, effective September 15, 1997, are by this reference adopted as the rules and procedures for carrying out ORS 167.117, 167.118 and ORS Chapter 464, except as otherwise specifically provided herein. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the Department of Justice.] Statutory/Other Authority: ORS 914 Statutes/Other Implemented: HB 3009 & 1997 History: DOJ 5-1998, f. 6-19-98, cert. ef. 6-20-98, Renumbered from 137-025-0330
137-025-0530 Effective Dates (1) OAR 137-025-0010 is repealed, effective January 1, 1988. (2) OAR 137-025-0020 to 137-025-0030, 137-025-0050 to 137-025-0110, 137-025-0190 to 137-025-0230 and 137-025-0330 shall take effect on November 1, 1987. (3) OAR 137-025-0040, 137-025-0120 to 137-025-0180 and 137-025-0240 to 137-025-0320 shall take effect on January 1, 1988. (4) The amended fee schedule, to take effect on January 1, 2007, shall apply as follows: (a) For licensees/permit application fees, for licensees/permits which expire after December 31, 2007; and (b) For report fees, for licensee reporting periods ending after December 31, 2006. Statutory/Other Authority: ORS 464 Statutes/Other Implemented: ORS 464.250(1) History: DOJ 7-2006, f. 12-12-06, cert. ef. 1-1-07 DOJ 5-1998, f. 6-19-98, cert. ef. 6-20-98, Renumbered from 137-025-0330 JD 8-1987, f. 10-30-87, ef. 11-1-87
137-045-0020 Mixed Contracts A mixed Public Contract requires the contractor to render certain services and provide the Agency with other kinds of services, goods or products. Classification of a mixed Public Contract as a Personal Services Contract, Architectural and Engineering Services Contract, Information Technology Contract, or other kind of Public Contract is determined by the mixed Public Contract's predominant purpose. A mixed Public Contract's predominant purpose is determined by whether the majority of the amounts paid or received under the mixed Public Contract will be for a particular kind of service (personal, architectural, engineering, land surveying or related services, Information Technology, or other kinds of service) or for the acquisition of goods or products. Statutory/Other Authority: ORS 291.047(3) Statutes/Other Implemented: ORS 291.045, 291.047 & OL 1997 & Ch. 869 History: DOJ 28-2023, amend filed 12/29/2023, effective 01/01/2024 DOJ 14-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 18-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 2-2001, f. & cert. ef. 1-18-01 DOJ 3-1998, f. & cert. ef. 4-1-98 137-045-0020(Temp) repealed by DOJ 3-1998, f. & cert. ef. 4-1-98 JD 5-1997(Temp), f. & cert. ef. 10-17-97 JD 4-1997(Temp), f. & cert. ef. 10-3-97