justicedao/ipfs_state_laws huggingface dataset:
137-025-0189 Linked Progressive Bingo Game Escrow Agents — Generally (1) Persons or organizations acting as escrow agents for linked progressive bingo game prizes must be licensed by the Department pursuant to ORS Chapter 464 and the administrative rules adopted pursuant to that law. Licensees shall be licensed pursuant to ORS 696.505 et seq. or shall comply with subparagraph (2) below. To act as an escrow agent, licensees shall be third parties independent of any Linked Progressive Bingo Contractor or bingo licensee involved in the operation of the linked progressive bingo game. All funds held in escrow for charitable gaming licensers shall be held in a designated escrow account or deposit with a commercial bank, located within the state of Oregon and approved by the Department. (2) A Linked Progressive Bingo Game Escrow Agent not licensed pursuant to ORS 696.505 et seq. shall deposit with the Department a corporate surety bond running to the State of Oregon, executed by a surety company satisfactory to the Department in the amount of $25,000. (3) An escrow agent may satisfy the preceding requirement by depositing with the State Treasurer an amount equal to $25,000 in a form satisfactory to the Department for the faithful performance of the agent's linked progressive bingo game activity. (4) The designated escrow agent for a particular linked progressive bingo game shall, upon obtaining the relevant information from the host licensee, immediately obtain a cashier's check for the winning amount, made payable to the winner, and shall prepare the appropriate federal W2G form. The escrow agent shall then immediately deliver the check to the winner in a manner consistent with the winner's expressed method of delivery as communicated to the host licensee. Statutes/Other Implemented: ORS 167.118 & ORS 464.250 History: DOJ 15-2018, minor correction filed 07/03/2018, effective 07/03/2018 DOJ 8-2018, amend filed 05/30/2018, effective 05/31/2018 DOJ 8-2004, f. & cert. ef. 5-19-04
137-025-0191 Facility Manager (1) Pursuant to ORS 464.310(2), the Department may authorize an individual to manage the operation of a bingo facility on behalf of more than one licensee if: (a) The individual is employed by or is a member of a bingo licensee and manages one or more functions described below for all of the licensees conducting bingo at the same facility; (b) The individual’s management responsibilities on behalf of the other licensees are solely related to the use, maintenance or upkeep of the facility, which may include janitorial and security services and ordering supplies relating to these functions; (c) The individual does not exercise supervision or control over functions related to the operation of the games of more than one bingo licensee. (2) An individual seeking the Department’s approval to operate on behalf of more than one licensee as provided in section (1) of this rule, shall make application to the Department on a form prescribed by the Department. Statutory/Other Authority: ORS 464.250(1) Statutes/Other Implemented: ORS 464.310(2) 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
137-025-0200 Classes of Licenses (1) A "Class A" raffle license shall authorize a licensee to conduct raffle games throughout the license year, without restriction as to raffle handle. (2) A "Class B" raffle license shall authorize a licensee to conduct raffle games throughout the license year with the handle for each such game not to exceed $10,000. Statutory/Other Authority: ORS 464 Statutes/Other Implemented: ORS 464.250 History: DOJ 13-2001, f. 12-28-01, cert. ef. 1-1-02 JD 8-1987, f. 10-30-87, ef. 11-1-87
137-025-0210 Application for Raffle License (1) An application for a raffle 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 of the purposes for which the money received from the raffle games will be used; (c) A statement as to whether or not the organization has had a license to operate bingo or raffle games or Monte Carlo events denied, revoked or suspended by the State of Oregon or any other licensing authority; and (d) 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) A copy of a letter supporting tax exempt status as specified in OAR 137-025-0030(1)(c); (b) As required by Oregon Laws 1987, Chapter 914, 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 inspection authorized by Chapter 914, Oregon Laws 1987, and the rules adopted thereto; and (d) Such other information as requested by the Department. (3) The application fees are as follows: (a) Class A raffle license — $100; (b) Class B raffle license — $40. Statutory/Other Authority: ORS 464 Statutes/Other Implemented: ORS 464.250(2), 464.250(4) & 464.280(2)(b) History: DOJ 2-2024, amend filed 01/16/2024, effective 01/17/2024 DOJ 7-2006, f. 12-12-06, cert. ef. 1-1-07 JD 8-1987, f. 10-30-87, ef. 11-1-87
137-025-0220 Issuance of License to Conduct Raffles (1) Within 60 days after the filing of a completed application for a license or license renewal to conduct raffles, 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. (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 464 Statutes/Other Implemented: ORS 183.310, 183.550 & 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
137-025-0230 Raffle License Renewal and Amendment (1) Within 60 days prior to the expiration of an existing raffle 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) If a Class B licensee desires to conduct games with sales in excess of $10,000, 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 464 Statutes/Other Implemented: ORS 464.250(2) History: DOJ 13-2001, f. 12-28-01, cert. ef. 1-1-02 JD 8-1987, f. 10-30-87, ef. 11-1-87
137-025-0240 Raffle Records (1) A raffle licensee shall maintain the following records or information with regard to individual raffle games and retain the information for a period of three years: (a) The total amount of proceeds received from the sale of tickets for each raffle game; (b) All expenses relating to the conduct of each raffle game; and (c) The winning ticket stubs. (2) A Class A licensee shall maintain a raffle log book for all raffle games where sales are intended to exceed $10,000. The raffle log book shall be retained by the licensee for a period of three years. The raffle log book shall contain: (a) A list of the names of all volunteers or employees who receive raffle tickets for sale; (b) The numbers of tickets received by each seller; (c) The number of purchased tickets returned to the licensee by each seller; and (d) The amount of money from ticket sales returned to the licensee by each seller. Statutory/Other Authority: ORS 464 Statutes/Other Implemented: ORS 464.250(5) History: DOJ 13-2001, f. 12-28-01, cert. ef. 1-1-02 JD 7-1987, f. 10-30-87, ef. 1-1-88
137-025-0250 Raffle Winner Records (1) A raffle licensee shall maintain the following records relating to the winners of raffle prizes: (a) For each winner of a prize with a retail value of $200 or more, a licensee shall maintain records that reflect the date of the drawing, a description of the prize, and the name and address or other contact information provided by the prize winner. (b) For prizes with a retail value of $600 or more, the licensee shall also obtain the signature of the prize winner acknowledging receipt of the prize and that person's street address in addition to other contact information provided by the winner. (2) A raffle 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. (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 raffle prize. (4) The preceding receipts shall be retained by the licensee 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
137-025-0260 Notice of Raffle Game (1) At least two weeks prior to conducting sales of raffle tickets, each Class A raffle licensee shall submit to the Department a materially complete raffle notice for all raffles where sales are intended to exceed $10,000. (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 raffle license number; (c) The location, date and time for the draw; (d) A description of and the retail value of the prizes to be awarded; (e) The total number of tickets to be offered for sale and the price of each ticket; and (f) A copy of a sample ticket. Statutory/Other Authority: ORS 464 Statutes/Other Implemented: ORS 464.250(4) & (7) 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
137-025-0270 Raffle Reports (1) A raffle 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 raffle games held during the license year; (b) The date of each drawing; (c) The total sales of each game; (d) The total expenses relating to the conduct of each raffle game; (e) The total amount of cash prizes and the total cost to the licensee of all noncash prizes awarded; (f) The total expenses of all games expressed as a percentage of the total raffle handle; and (g) The net income from raffle games. (2) All raffle reports shall be signed by a responsible official of the organization. Statutory/Other Authority: ORS 464 Statutes/Other Implemented: ORS 464.250(5) History: JD 7-1987, f. 10-30-87, ef. 1-1-88
137-025-0280 Raffle Fees (1) All annual raffle reports filed with the Department shall be accompanied by a fee, made payable to the Department of Justice, of 2 percent of the raffle handle listed in the report up to $125,000 and 0.5 of 1 percent of the raffle handle in excess of $125,000. 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 Statutes/Other Implemented: ORS 464.250(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 7-1987, f. 10-30-87, ef. 1-1-88
137-025-0291 Duck Race Regulations A licensee conducting a “Duck Race” raffle shall comply with the following: (1) All ducks shall be positioned above the river at the same location and shall be released simultaneously. Once dropped, the ducks shall enter the river without interference or obstruction. (2) Once the ducks enter the river, the ducks shall not receive human assistance until the race is concluded. (3) The ducks shall be identified so that each duck corresponds to a separate numbered raffle ticket. The method of identification of the ducks shall be waterproof. (4) At the finish line, the licensee shall construct a boom which will be designed to act to funnel the ducks to a chute. The chute shall be constructed so as to allow one duck at a time to pass through. The boom and the chute shall be reasonably secure. The boom shall be wide enough to capture the ducks that reach the finish line area as they move down stream. (5) The course for the race shall be established so that the race may be observed by raffle purchasers. The length of the course shall be established so that the race will be conducted in less than one hour. The licensee shall conduct a test of the course, by releasing a sample of ducks and observing their progress, within one week prior to the race date. Once the race has started, a course shall not be altered. (6) If a duck race is not completed in 90 minutes from the time the ducks are released into the river, the race shall be terminated and the licensee shall conduct the raffle by drawing tickets from a container as provided in OAR 137-029-0290(1)–(5). (7) All ducks must have an equal chance of winning in that they are required to be identical in size, shape and weight and constructed from the same material. Statutory/Other Authority: ORS 464.250(1) Statutes/Other Implemented: ORS 464.250(7) 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
137-025-0300 Raffle Prize Limits (1) The total cash prize(s) offered or awarded in a raffle shall not exceed $5,000. Gift cards and gift certificates may exceed $5,000 as long as the holder cannot redeem the face value for cash. (2) No prize shall be offered or awarded with a retail market value in excess of $75,000 and the cumulative retail value of all prizes offered or awarded at a raffle shall not exceed $100,000. Statutory/Other Authority: ORS 464.250 Statutes/Other Implemented: 1997, HB 2358 2017 & HB 3009 History: DOJ 8-2018, amend filed 05/30/2018, effective 05/31/2018 DOJ 3-2006, f. & cert. ef. 1-4-06 DOJ 13-2001, f. 12-28-01, cert. ef. 1-1-02 DOJ 5-1998, f. 6-19-98, cert. ef. 6-20-98 JD 7-1987, f. 10-30-87, ef. 1-1-88
137-025-0310 Raffle Tickets The following information must be printed upon each ticket sold or shall be otherwise provided to each purchaser at the time of the sale: (1) The date and time of the drawing; (2) The location of the drawing; (3) The name of the organization conducting the raffle; (4) The price of the chance; (5) A full and fair description of the prize or prizes to be awarded; (6) The retail market value of each prize to be awarded; and (7) The total number of tickets which may be sold. Statutory/Other Authority: ORS 464 Statutes/Other Implemented: ORS 464.250(1) History: DOJ 8-2018, amend filed 05/30/2018, effective 05/31/2018 JD 1-1989, f. & cert. ef. 3-1-89 JD 7-1987, f. 10-30-87, ef. 1-1-88
137-025-0400 Monte Carlo Events in General (1) All personnel conducting a Monte Carlo event shall be: (a) Volunteers or employees of a non-profit tax exempt organization licensed to conduct Monte Carlo events pursuant to OAR 137-025-0420; (b) Volunteers or employees of a non-profit tax exempt organization exempted from the requirement to hold a Monte Carlo event license pursuant to OAR 137-025-0040(2)(d); or (c) Employees or individual independent contractors of a Monte Carlo event contractor licensed pursuant to OAR 137-025-0420. (2) No person or organization shall act as a Monte Carlo equipment supplier without a valid Monte Carlo equipment supplier license granted by the Department, except as provided in subparagraph (3) of this rule. (3) A non-profit tax exempt organization may lease Monte Carlo equipment to another non-profit tax exempt organization without obtaining a Monte Carlo equipment supplier license. (4) No person or organization shall act as a Monte Carlo event contractor licensee without a valid Monte Carlo event contractor license granted by the Department. (5) No licensed Monte Carlo equipment supplier or licensed Monte Carlo event contractor shall enter into an agreement to lease Monte Carlo equipment and/or operate Monte Carlo games for a nonprofit tax exempt organization unless they obtain a signed written contract in compliance with OAR 137-025-0440. Equipment shall not be provided or services performed other than pursuant to the price and terms as provided in such contract. Statutes/Other Implemented: ORS 167.118 & ORS 464.250 History: DOJ 17-2018, minor correction filed 07/03/2018, effective 07/03/2018 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
137-025-0405 Classes of Monte Carlo Charitable Games Licenses (1) A “Class A” Monte Carlo license shall authorize a licensee to conduct Monte Carlo events with a gross handle of more than $10,000 per event throughout the license year, but shall not exceed 7 events per license year. (2) A “Class B” Monte Carlo license shall authorize a licensee to conduct Monte Carlo events throughout the license year with (a) the handle for each such event not to exceed $5,000 per event, but shall not exceed 7 events per license year; or (b) the handle for each such event not to exceed $10,000 per event, but shall not exceed 2 events per 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
137-025-0410 Application for Monte Carlo Event License (1) An application for a Monte Carlo 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 of the purposes for which the money received from the Monte Carlo events will be used; (c) A statement as to whether or not the organization has had a license to operate bingo or raffle games or Monte Carlo events denied, revoked or suspended by the State of Oregon or any other licensing authority; and (d) 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) A copy of a letter supporting tax exempt status as specified in OAR 137-025-0030(1)(c); (b) As required by 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 inspection authorized by ORS 464.280 and the rules adopted thereto; and (d) Copies of current or proposed rental or service contracts for facility lease or rental, and Monte Carlo event service or equipment provider. If no contract has been proposed or offered at the time of license application, applicant shall submit such contracts for approval by the Department, not less than seven days prior to the actual conduct of any Monte Carlo event; (e) Consent to allow Department employees to be present on the premises before, during, and after the conduct of the Monte Carlo event to inspect and test equipment and examine records maintained by licensee; (f) Such other information as requested by the Department. (3) The non-refundable application fees are as follows: (a) Class A Monte Carlo event license — $100; (b) Class B Monte Carlo event license — $40. Statutory/Other Authority: ORS 914 Statutes/Other Implemented: HB 3009 & 1997 History: DOJ 2-2024, amend filed 01/16/2024, effective 01/17/2024 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