reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-311 - Licensed organization, defined.

9-311.
Licensed organization, defined.
Licensed organization shall mean a nonprofit organization or volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad licensed to conduct a lottery by the sale of pickle cards under the Nebraska Pickle Card Lottery Act.
Source
Laws 1986, LB 1027, § 77;
Laws 2002, LB 545, § 25.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-312 - Lottery by the sale of pickle cards, defined.

9-312.
Lottery by the sale of pickle cards, defined.
Lottery by the sale of pickle cards shall mean any gambling scheme in which participants pay or agree to pay something of value for a pickle card. Any lottery by the sale of pickle cards shall be conducted pursuant to and in accordance with the Nebraska Pickle Card Lottery Act.
Lottery by the sale of pickle cards shall not mean or include any activity authorized or regulated under the Nebraska Bingo Act, except as provided in section 9-346, the Nebraska County and City Lottery Act, the Nebraska Lottery and Raffle Act, the Nebraska Small Lottery and Raffle Act, the State Lottery Act, section 9-701, or Chapter 2, article 12, nor shall lottery by the sale of pickle cards mean or include any activity prohibited under Chapter 28, article 11.
Source
Laws 1986, LB 1027, § 78;
Laws 1991, LB 849, § 46;
Laws 1993, LB 138, § 4;
Laws 2000, LB 658, § 1.
Cross References
Nebraska Bingo Act, see section 9-201.
Nebraska County and City Lottery Act, see section 9-601.
Nebraska Lottery and Raffle Act, see section 9-401.
Nebraska Small Lottery and Raffle Act, see section 9-501.
State Lottery Act, see section 9-801.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-313 - Manufacturer, defined.

9-313.
Manufacturer, defined.
Manufacturer shall mean any person who assembles from raw materials or subparts a completed piece or pieces of pickle cards and pickle card units.
Source
Laws 1985, LB 408, § 10;
R.S.Supp.,1985, § 9-140.15;
Laws 1986, LB 1027, § 79.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-314 - Member, defined.

9-314.
Member, defined.
Member shall mean a person who has qualified for and been admitted to membership in a licensed organization pursuant to its bylaws, articles of incorporation, charter, rules, or other written statement for purposes other than conducting activities under the Nebraska Pickle Card Lottery Act. Member shall not include social or honorary members.
Source
Laws 1986, LB 1027, § 80;
Laws 1988, LB 1232, § 12.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-314.01 - Net profit, defined.

9-314.01.
Net profit, defined.
Net profit shall mean the gross profit from the sale of a pickle card unit less the unit cost and allowable expenses incurred by a licensed organization in connection with the sale of a pickle card unit.
Source
Laws 1988, LB 1232, § 13.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-315 - Pickle card, defined.

9-315.
Pickle card, defined.
Pickle card shall mean any disposable card, board, or ticket which accords a person an opportunity to win a cash prize by opening, pulling, detaching, or otherwise removing one or more tabs from the card, board, or ticket to reveal a set of numbers, letters, symbols, or configurations, or any combination thereof, and shall include, but not be limited to, any card known as a pickle ticket, pickle, break-open, pull-tab, pull-tab board, punchboard, seal card, pull card, or any other similar card, board, or ticket which is included under this section, whether referred to by any other name.
Pickle card shall not mean or include any:
(1) Card used in connection with bingo conducted pursuant to the Nebraska Bingo Act, except as provided in section 9-346;
(2) Racing ticket or wager in connection with any horserace conducted pursuant to Chapter 2, article 12;
(3) Scrape-off or rub-off ticket;
(4) Card, ticket, or other device used in connection with any kind of gambling, lottery, raffle, or gift enterprise authorized or regulated under the Nebraska County and City Lottery Act, the Nebraska Lottery and Raffle Act, the Nebraska Small Lottery and Raffle Act, the State Lottery Act, or section 9-701; or
(5) Card, ticket, or other device prohibited under Chapter 28, article 11.
Source
Laws 1986, LB 1027, § 81;
Laws 1991, LB 849, § 47;
Laws 1993, LB 138, § 5;
Laws 1994, LB 694, § 68;
Laws 1996, LB 1277, § 4;
Laws 2000, LB 658, § 2.
Cross References
Nebraska Bingo Act, see section 9-201.
Nebraska County and City Lottery Act, see section 9-601.
Nebraska Lottery and Raffle Act, see section 9-401.
Nebraska Small Lottery and Raffle Act, see section 9-501.
State Lottery Act, see section 9-801.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-316 - Pickle card operator, defined.

9-316.
Pickle card operator, defined.
Pickle card operator shall mean any sole proprietorship, partnership, limited liability company, or corporation which sells individual pickle cards on behalf of the licensed organization.
Source
Laws 1985, LB 408, § 9;
R.S.Supp.,1985, § 9-140.14;
Laws 1986, LB 1027, § 82;
Laws 1988, LB 1232, § 14;
Laws 1993, LB 121, § 109.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-317 - Pickle card unit, defined.

9-317.
Pickle card unit, defined.
Pickle card unit shall mean a series or complete set of pickle cards, which consists of all winning and losing cards in a particular unit, set, series, deal, or scheme for a lottery by the sale of pickle cards, in the receptacle or box in and with which the unit of pickle cards is sold by a distributor.
Source
Laws 1983, LB 259, § 9;
Laws 1984, LB 949, § 15;
R.S.Supp.,1984, § 9-140.05;
Laws 1986, LB 1027, § 83.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-320 - Sales agent, defined.

9-320.
Sales agent, defined.
Sales agent shall mean any person who markets, sells, or delivers any pickle card unit on behalf of a licensed organization to any licensed pickle card operator.
Source
Laws 1985, LB 408, § 8;
R.S.Supp.,1985, § 9-140.13;
Laws 1986, LB 1027, § 86;
Laws 1988, LB 1232, § 16.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-321.01 - Unit cost, defined.

9-321.01.
Unit cost, defined.
Unit cost shall mean the total cost of a pickle card unit paid by a licensed organization to a distributor. Unit cost shall include the tax on definite profit prescribed in section 9-344 and any applicable sales tax. Unit cost shall also include any applicable federal gaming tax for which the licensed organization is liable in connection with its purchase or sale of a pickle card unit.
Source
Laws 1988, LB 1232, § 17.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-321.02 - Utilization-of-funds member, defined.

9-321.02.
Utilization-of-funds member, defined.
Utilization-of-funds member shall mean a member of the organization who shall be responsible for supervising the conduct of the lottery by the sale of pickle cards and for the proper utilization of the gross proceeds derived from the conduct of the lottery by the sale of pickle cards.
Source
Laws 1994, LB 694, § 69.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-321.03 - Volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad, defined.

9-321.03.
Volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad, defined.
Volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad shall mean a volunteer association or organization serving any city, village, county, township, or rural or suburban fire protection district in Nebraska by providing fire protection or emergency response services for the purpose of protecting human life, health, or property.
Source
Laws 2002, LB 545, § 26.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-322.01 - Administrative fine; disposition; collection.

9-322.01.
Administrative fine; disposition; collection.
(1) All money collected by the department as an administrative fine shall be transmitted on a monthly basis to the State Treasurer who shall deposit such money in the permanent school fund.
(2) Any administrative fine levied under section 9-322 and unpaid shall constitute a debt to the State of Nebraska which may be collected by lien foreclosure, or sued for and recovered in any proper form of action, in the name of the State of Nebraska, in the district court of the county in which the violator resides or owns property.
Source
Laws 1988, LB 1232, § 19;
Laws 1994, LB 694, § 71.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-322.02 - Denial of application; procedure.

9-322.02.
Denial of application; procedure.
(1) Before any application is denied pursuant to section 9-322, the department shall notify the applicant in writing by mail of the department's intention to deny the application and the reasons for the denial. Such notice shall inform the applicant of his or her right to request an administrative hearing for the purpose of reconsideration of the intended denial of the application. The date the notice is mailed shall be deemed to be the date of service of notice to the applicant.
(2) A request for a hearing by the applicant shall be in writing and shall be filed with the department within thirty days after the service of notice to the applicant of the department's intended denial of the application. If a request for hearing is not filed within the thirty-day period, the application denial shall become final at the expiration of such period.
(3) If a request for hearing is filed within the thirty-day period, the Tax Commissioner shall grant the applicant a hearing and shall, at least ten days before the hearing, serve notice upon the applicant by mail of the time, date, and place of the hearing. Such proceedings shall be considered contested cases pursuant to the Administrative Procedure Act.
Source
Laws 1988, LB 1232, § 20;
Laws 2002, LB 545, § 28;
Laws 2012, LB727, § 5.
Cross References
Administrative Procedure Act, see section 84-920.
Annotations
Administrative bodies have only that authority specifically conferred upon them by statute or by construction necessary to achieve the purpose of the relevant act, and as such, the Department of Revenue is not statutorily authorized to grant motions for summary judgment. Southeast Rur. Vol. Fire Dept. v. Neb. Dept. of Rev., 251 Neb. 852, 560 N.W.2d 436 (1997).
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-324 - Hearing; required; when; notice.

9-324.
Hearing; required; when; notice.
Before the adoption, amendment, or repeal of any rule or regulation, the suspension, revocation, or cancellation of any license pursuant to section 9-322, or the levying of an administrative fine pursuant to section 9-322, the department shall set the matter for hearing. Such suspension, revocation, or cancellation proceedings or proceedings to levy an administrative fine shall be contested cases pursuant to the Administrative Procedure Act.
At least ten days before the hearing, the department shall (1) in the case of suspension, revocation, or cancellation proceedings or proceedings to levy an administrative fine, serve notice upon the licensee or violator by personal service or mail of the time, date, and place of any hearing or (2) in the case of adoption, amendment, or repeal of any rule or regulation, issue a public notice of the time, date, and place of such hearing.
This section shall not apply to an order of suspension by the Tax Commissioner prior to a hearing as provided in section 9-323.
Source
Laws 1986, LB 1027, § 90;
Laws 1988, LB 1232, § 22;
Laws 1991, LB 427, § 32;
Laws 1994, LB 694, § 72;
Laws 1995, LB 344, § 14;
Laws 2012, LB727, § 6.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-325 - Proceeding before department; service; security; appeal.

9-325.
Proceeding before department; service; security; appeal.
(1) A copy of the order or decision of the department in any proceeding before it, certified under the seal of the department, shall be served upon each party of record to the proceeding before the department. Service upon any attorney of record for any such party shall be deemed to be service upon such party. Each party appearing before the department shall enter his or her appearance and indicate to the department his or her address for the service of a copy of any order, decision, or notice. The mailing of any copy of any order or decision or of any notice in the proceeding, to such party at such address, shall be deemed to be service upon such party.
(2) At the time of making an appearance before the department, each party shall deposit in cash or furnish a sufficient security for costs in an amount the department deems adequate to cover all costs liable to accrue, including costs for (a) reporting the testimony to be adduced, (b) making up a complete transcript of the hearing, and (c) extending reporter's original notes in typewriting.
(3) Any decision of the department in any proceeding before it may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1986, LB 1027, § 91;
Laws 1988, LB 352, § 15;
Laws 1988, LB 1232, § 23.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-326 - License; qualified applicants.

9-326.
License; qualified applicants.
(1) Any nonprofit organization holding a certificate of exemption under section 501(c)(3), (c)(4), (c)(5), (c)(7), (c)(8), (c)(10), or (c)(19) of the Internal Revenue Code or any volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad may apply for a license to conduct a lottery by the sale of pickle cards.
(2) Prior to applying for any license, an organization shall:
(a) Be incorporated in this state as a not-for-profit corporation or organized in this state as a religious or not-for-profit organization. For purposes of this subsection, a domesticated foreign corporation shall not be considered incorporated in this state as a not-for-profit corporation;
(b) Conduct activities within this state in addition to the conduct of lottery by the sale of pickle cards;
(c) Be authorized by its constitution, articles, charter, or bylaws to further in this state a lawful purpose;
(d) Operate without profit to its members, and no part of the net earnings of such organization shall inure to the benefit of any private shareholder or individual; and
(e) With the exception of a volunteer fire company, a volunteer first-aid, rescue, ambulance, or emergency squad, or a not-for-profit corporation whose primary purpose is to support a volunteer fire company, first-aid squad, rescue squad, ambulance squad, or emergency squad, have been in existence in this state for five years immediately preceding its application for a license and have had during that five-year period a bona fide membership actively engaged in furthering a lawful purpose. A society defined in section 21-608 which is chartered in Nebraska under a state, grand, supreme, national, or other governing body may use the charter date of its parent organization to satisfy such five-year requirement.
Source
Laws 1986, LB 1027, § 92;
Laws 1988, LB 1232, § 24;
Laws 1989, LB 767, § 32;
Laws 1996, LB 1277, § 5;
Laws 2002, LB 545, § 29;
Laws 2012, LB979, § 1.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-327 - License; application; contents; enumerated; duty to keep current.

9-327.
License; application; contents; enumerated; duty to keep current.
(1) Each applicant for a license to conduct a lottery by the sale of pickle cards shall file with the department an application on a form prescribed by the department.
(2) Each application shall include:
(a) The name and address of the applicant;
(b) Sufficient facts relating to the incorporation or organization of the applicant to enable the department to determine if the applicant is eligible for a license under section 9-326;
(c) The name and address of each officer of the applicant organization;
(d) The name, address, social security number, date of birth, and years of membership of a bona fide and active member of the applicant organization to be licensed as a utilization-of-funds member. Such person shall have been an active and bona fide member of the applicant organization for at least one year preceding the date the application is filed with the department unless the applicant organization can provide evidence that the one-year requirement would impose an undue hardship on the organization. Such person shall sign a sworn statement indicating that he or she agrees to comply with all provisions of the Nebraska Pickle Card Lottery Act and all rules and regulations adopted pursuant to the act, that no commission, fee, rent, salary, profits, compensation, or recompense will be paid to any person or organization, except payments authorized by the Nebraska Pickle Card Lottery Act, and that all net profits will be spent only for lawful purposes. The department may prescribe a separate application for such license;
(e) A roster of members if the department deems it necessary and proper; and
(f) Other information which the department deems necessary.
(3) The information required by this section shall be kept current. An organization shall notify the department within thirty days if any information in the application is no longer correct and shall supply the correct information.
(4) The department may prescribe a separate application form for renewal purposes.
Source
Laws 1986, LB 1027, § 93;
Laws 1988, LB 1232, § 25;
Laws 1994, LB 694, § 73.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-328 - Licenses; renewal; application; requirements; classes; fees.

9-328.
Licenses; renewal; application; requirements; classes; fees.
(1) All licenses to conduct a lottery by the sale of pickle cards and licenses issued to utilization-of-funds members shall expire as provided in this section and may be renewed biennially. An application for license renewal shall be submitted to the department at least forty-five days prior to the expiration date of the license unless such application only pertains to the conduct of a lottery by the sale of pickle cards at a special function as provided in section 9-345.01.
(2) A license to conduct a lottery by the sale of pickle cards issued to a nonprofit organization holding a certificate of exemption under section 501(c)(3) or (c)(4) of the Internal Revenue Code and any license issued to a utilization-of-funds member for such nonprofit organization shall expire on September 30 of each odd-numbered year or on such other date as the department may prescribe by rule and regulation.
(3) A license to conduct a lottery by the sale of pickle cards issued to a nonprofit organization holding a certificate of exemption under section 501(c)(5), (c)(7), (c)(8), (c)(10), or (c)(19) of the Internal Revenue Code or any volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad and any license issued to a utilization-of-funds member for such nonprofit organization or volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad shall expire on September 30 of each even-numbered year or on such other date as the department may prescribe by rule and regulation.
(4) The department shall establish classes of licenses for licensed organizations based upon the manner in which the licensed organization intends to sell the pickle cards. The classes shall include:
(a) Class I licenses which shall include organizations which sell individual pickle cards only at the organization's designated premises and at the organization's licensed regularly scheduled bingo occasions pursuant to the Nebraska Bingo Act; and
(b) Class II licenses which shall include organizations which sell the pickle cards on the premises of one or more licensed pickle card operators.
A licensed organization holding a Class II license shall be required to market and deliver its pickle cards by a licensed sales agent.
(5) A biennial license fee of two hundred dollars shall be charged for each Class I license, three hundred dollars for each Class II license, and forty dollars for a license for each utilization-of-funds member.
(6) The department shall adopt and promulgate rules and regulations establishing reporting requirements for each class of license.
Source
Laws 1986, LB 1027, § 94;
Laws 1988, LB 1232, § 26;
Laws 1989, LB 767, § 33;
Laws 1991, LB 427, § 33;
Laws 1994, LB 694, § 74;
Laws 2000, LB 1086, § 11;
Laws 2002, LB 545, § 30;
Laws 2007, LB638, § 9.
Cross References
Nebraska Bingo Act, see section 9-201.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-329 - Sales agent; license required; application; contents; fee; temporary license.

9-329.
Sales agent; license required; application; contents; fee; temporary license.
(1) Unless otherwise authorized by the department, no person shall market, sell, or deliver any pickle card unit to any pickle card operator without first obtaining a sales agent license.
(2) Any person wishing to operate as a sales agent in this state shall file an application with the department for a license on a form prescribed by the department. Each application for a license shall include (a) the name, address, and social security number of the person applying for the license, (b) the name and state identification number of the licensed organization for which any pickle card units are to be marketed or sold by the applicant, and (c) such other information which the department deems necessary.
(3) A statement signed by the person licensed as a utilization-of-funds member signifying that such licensed organization approves the applicant to act as a sales agent on behalf of such organization shall accompany each sales agent's application for a license. No person licensed as a utilization-of-funds member shall be licensed as a sales agent.
(4)(a) A biennial fee of one hundred dollars shall be charged for each license issued pursuant to this section. The department shall remit the proceeds from such fee to the State Treasurer for credit to the Charitable Gaming Operations Fund. Such licenses shall expire as prescribed in this section and may be renewed biennially. An application for license renewal shall be submitted to the department at least forty-five days prior to the expiration date of the license.
(b) A sales agent license issued to a person on behalf of a nonprofit organization holding a certificate of exemption under section 501(c)(3) or (c)(4) of the Internal Revenue Code shall expire on September 30 of each odd-numbered year or on such other date as the department may prescribe by rule and regulation. A sales agent license issued to a person on behalf of a nonprofit organization holding a certificate of exemption under section 501(c)(5), (c)(7), (c)(8), (c)(10), or (c)(19) of the Internal Revenue Code or any volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad shall expire on September 30 of each even-numbered year or on such other date as the department may prescribe by rule and regulation.
(5) The information required by this section shall be kept current. A sales agent shall notify the department within thirty days if any information in the application is no longer correct and shall supply the correct information.
(6) The department may prescribe a separate application form for renewal purposes.
(7) The department may issue a temporary license pending receipt of additional information or further inquiry.
Source
Laws 1985, LB 408, § 18;
R.S.Supp.,1985, § 9-143.01;
Laws 1986, LB 1027, § 95;
Laws 1988, LB 1232, § 31;
Laws 1991, LB 427, § 34;
Laws 1994, LB 694, § 75;
Laws 2000, LB 1086, § 12;
Laws 2002, LB 545, § 31;
Laws 2007, LB638, § 10.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-329.01 - Sales agent; license applicant; qualifications; licensee; limitations.

9-329.01.
Sales agent; license applicant; qualifications; licensee; limitations.
(1) Prior to applying for a license as a sales agent for a licensed organization, the applicant shall have been an active and bona fide member of the licensed organization for one year preceding the date the application is filed with the department.
(2) No person applying for a license under this section shall hold a license as a sales agent for more than one licensed organization. This subsection shall not prohibit a licensed sales agent from applying for a license to represent another licensed organization as a sales agent if he or she has ceased being a sales agent for and will not continue to market pickle card units on behalf of the organization for which he or she is currently licensed and has obtained a written release of any legal obligations he or she has to such licensed organization. Such release shall be signed by a person licensed as a utilization-of-funds member and an officer of the licensed organization and shall state that the sales agent has satisfied all legal obligations he or she has to the licensed organization in connection with the lottery by the sale of pickle cards. When applicable, a copy of the written release shall accompany any application for a license to become a sales agent.
(3) Any sales agent licensed under the Nebraska Pickle Card Lottery Act shall not be connected with or interested in, directly or indirectly, any person, partnership, limited liability company, firm, corporation, or other party licensed as a distributor, manufacturer, or pickle card operator under section 9-329.03, 9-330, or 9-332 and, unless such sales agent does not directly or indirectly receive payment of any commission, salary, or fee for the sale, marketing, or delivery of pickle cards on behalf of the licensed organization or any other service on behalf of the licensed organization, shall not be a director, manager, trustee, or member of any governing committee, board, or body of the licensed organization on behalf of which the sales agent sells pickle card units.
Source
Laws 1988, LB 1232, § 27;
Laws 1993, LB 121, § 110;
Laws 1994, LB 694, § 76.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-329.03 - Pickle card operator; qualified applicant; licensee; limitations.

9-329.03.
Pickle card operator; qualified applicant; licensee; limitations.
(1) Any sole proprietorship, partnership, limited liability company, or corporation, which holds a retail license for the sale of alcoholic liquor for consumption on the premises issued by the Nebraska Liquor Control Commission pursuant to the Nebraska Liquor Control Act or which holds a retail license for the sale of alcoholic liquor for consumption off the premises, may apply for a pickle card operator's license to sell individual pickle cards as opportunities to participate in a lottery by the sale of pickle cards.
(2) A pickle card operator licensed under the Nebraska Pickle Card Lottery Act shall not be connected with or interested in, directly or indirectly, any person, partnership, limited liability company, firm, corporation, or other party licensed as a distributor or manufacturer under section 9-330 or 9-332.
(3) A sole proprietor, partner in a partnership, member in a limited liability company, or officer or director of a corporation licensed as a pickle card operator shall not be licensed as a sales agent.
(4) A sole proprietor, partner in a partnership, member in a limited liability company, or officer or director of a corporation licensed as a pickle card operator shall not be a director, manager, trustee, or member of any governing committee, board, or body of the licensed organization on behalf of which the pickle card operator sells individual pickle cards.
Source
Laws 1988, LB 1232, § 32;
Laws 1991, LB 795, § 3;
Laws 1993, LB 121, § 112;
Laws 1997, LB 248, § 10;
Laws 2004, LB 485, § 1.
Cross References
Nebraska Liquor Control Act, see section 53-101.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-330 - Distributor's license; application; requirements; fee; renewal.

9-330.
Distributor's license; application; requirements; fee; renewal.
Any applicant for a distributor's license, including renewal thereof, shall file an application with the department on a form prescribed by the department. Each application shall be accompanied by a biennial license fee of three thousand fifty dollars. At a minimum, the application shall include the name and address of the applicant, including all shareholders who own ten percent or more of the outstanding stock if the applicant is a corporation, the location of its office or business, a current list, if requested, of those organizations within the state to whom the applicant is selling pickle card units, and, if the applicant is an individual, the applicant's social security number. All applications shall include a sworn statement by the applicant or the appropriate officer thereof that the applicant will comply with all provisions of the Nebraska Pickle Card Lottery Act and all rules and regulations adopted and promulgated under such act.
The principal office of an applicant for a distributor's license or of a licensed distributor shall be located in Nebraska.
No person shall be issued a distributor's license if such person is not doing business or authorized to do business in this state.
Distributors' licenses shall expire on September 30 of every odd-numbered year or such other date as the department may prescribe by rule or regulation. Distributors' licenses may be renewed biennially. An application for license renewal shall be submitted to the department at least forty-five days prior to the expiration date of the license.
Source
Laws 1986, LB 1027, § 96;
Laws 1991, LB 427, § 36;
Laws 1994, LB 694, § 78;
Laws 1997, LB 248, § 11;
Laws 1997, LB 752, § 66.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-331 - Distributor; employee or spouse; participation in gambling; restrictions.

9-331.
Distributor; employee or spouse; participation in gambling; restrictions.
(1) No person, except a distributor operating pursuant to the Nebraska Pickle Card Lottery Act, shall sell or distribute any pickle card units to any licensed organization.
(2) No distributor shall hold a license to conduct a lottery by the sale of pickle cards or any other kind of gambling activity which is authorized or regulated under Chapter 9 or a license to act as a sales agent, pickle card operator, or manufacturer of pickle cards or pickle card units except as provided in sections 9-255.07 and 9-632.
(3) If a distributor delivers any pickle card unit, he or she shall deliver such unit only to a licensed utilization-of-funds member for pickle cards, a licensed sales agent, a licensed gaming manager, a bingo chairperson designated by an organization licensed to conduct bingo pursuant to the Nebraska Bingo Act, or a person who serves as a manager for a licensed organization which is exempt under section 501(c)(8), (c)(10), or (c)(19) of the Internal Revenue Code and shall not deliver any pickle card unit to any other person, including a pickle card operator.
(4) No distributor shall offer or agree to offer anything of value to any person in exchange for an agreement or commitment by such person to exclusively sell pickle cards sold by such distributor. Nothing in this section shall prohibit a licensed organization or pickle card operator from exclusively selling pickle cards sold by a single distributor. No licensed organization or pickle card operator shall accept or agree to accept anything of value from a distributor in exchange for an agreement or commitment by such licensed organization or pickle card operator to exclusively sell pickle cards sold by such distributor.
(5) No distributor or employee or spouse of any distributor shall participate in the conduct or operation of any lottery by the sale of pickle cards or any other kind of gambling activity which is authorized or regulated under Chapter 9 except to the exclusive extent of his or her statutory duties as a licensed distributor and as provided in sections 9-255.07 and 9-632. No distributor or employee or spouse of any distributor shall have a substantial interest in another distributor, a manufacturer, a manufacturer-distributor as defined in section 9-616 other than itself, or a licensed organization or any other licensee regulated under Chapter 9. Membership in any organization shall not be deemed a violation of this section.
(6) A distributor shall purchase or otherwise obtain pickle card units only from a licensed manufacturer and shall pay for such units by check within thirty days of delivery.
Source
Laws 1986, LB 1027, § 97;
Laws 1988, LB 1232, § 34;
Laws 1989, LB 767, § 35;
Laws 1994, LB 694, § 79;
Laws 1997, LB 248, § 12;
Laws 2002, LB 545, § 32.
Cross References
Nebraska Bingo Act, see section 9-201.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-332 - Manufacturer of pickle cards; license required; application; fee; change in information; renewal.

9-332.
Manufacturer of pickle cards; license required; application; fee; change in information; renewal.
A manufacturer shall obtain a license from the department prior to manufacturing or selling or supplying to any licensed distributor in this state any pickle cards or pickle card units or engaging in any interstate activities relating to such pickle cards or pickle card units, except that nothing in this section shall prohibit a manufacturer from marketing, selling, or otherwise providing pickle cards or pickle card units to a federally recognized Indian tribe for use in a Class II gaming activity authorized by the federal Indian Gaming Regulatory Act. The applicant shall include with the application form prescribed by the department a biennial license fee of three thousand fifty dollars, a sworn statement by the applicant or appropriate officer of the applicant that the applicant will comply with all provisions of the Nebraska Pickle Card Lottery Act and all rules and regulations adopted and promulgated pursuant to the act, and such other information as the department deems necessary. If the applicant is an individual, the application shall include the applicant's social security number.
The applicant shall notify the department within thirty days of any change in the information submitted on or with the application form. The applicant shall comply with all applicable laws of the United States and the State of Nebraska and all applicable rules and regulations of the department.
Manufacturers' licenses shall expire on September 30 of every odd-numbered year or such other date as the department may prescribe by rule and regulation. Manufacturers' licenses may be renewed biennially. An application for license renewal shall be submitted to the department at least forty-five days prior to the expiration date of the license.
Source
Laws 1985, LB 408, § 19;
R.S.Supp.,1985, § 9-143.02;
Laws 1986, LB 1027, § 98;
Laws 1989, LB 767, § 36;
Laws 1991, LB 427, § 37;
Laws 1994, LB 694, § 80;
Laws 1997, LB 248, § 13;
Laws 1997, LB 752, § 67.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-332.01 - Manufacturer; preselling activities; approval required.

9-332.01.
Manufacturer; preselling activities; approval required.
Each manufacturer shall receive departmental approval prior to selling in this state any type of pickle card, pickle card unit, punchboard, or other similar card, board, or ticket included in section 9-315 whether referred to by any other name intended for resale in Nebraska. Approval by the department shall be based upon, but not limited to, the manufacture, assembly, and packaging of pickle cards or pickle card units and any other specifications imposed by the Nebraska Pickle Card Lottery Act or any rule or regulation adopted and promulgated pursuant to the act.
Source
Laws 1988, LB 1232, § 30;
Laws 1996, LB 1277, § 6.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-333 - Manufacturer; records.

9-333.
Manufacturer; records.
Each manufacturer shall keep and maintain a complete set of records detailing the manufacturer's pickle card activities, including the name and state identification number of each distributor purchasing pickle card units, the quantity and type of each pickle card unit sold, and any other information concerning pickle card units which the department deems necessary. Such records shall be made available to the department upon request. The department may require by rule and regulation periodic reporting from a manufacturer relative to its pickle card activities.
Source
Laws 1985, LB 408, § 26;
R.S.Supp.,1985, § 9-143.05;
Laws 1986, LB 1027, § 99;
Laws 1988, LB 1232, § 35;
Laws 1997, LB 248, § 14.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-334 - Nonresident manufacturer; designated agent for service of process.

9-334.
Nonresident manufacturer; designated agent for service of process.
Each manufacturer selling pickle cards and pickle card units in this state that is not a resident or corporation shall designate a natural person who is a resident of and living in this state and is nineteen years of age or older as a resident agent for the purpose of receipt and acceptance of service of process and other communications on behalf of the manufacturer. The name, business address where service of process and delivery of mail can be made, and home address of such agent shall be filed with the department.
Source
Laws 1985, LB 408, § 21;
R.S.Supp.,1985, § 9-143.06;
Laws 1986, LB 1027, § 100;
Laws 1994, LB 694, § 81.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-335 - Manufacturer; employee or spouse; restriction on activities.

9-335.
Manufacturer; employee or spouse; restriction on activities.
No manufacturer shall be licensed to conduct any other activity under the Nebraska Pickle Card Lottery Act. No manufacturer shall hold a license to conduct any other kind of gambling activity which is authorized or regulated under Chapter 9 except as provided in sections 9-255.09 and 9-632. No manufacturer or employee or spouse of any manufacturer shall participate in the conduct or operation of any lottery by the sale of pickle cards or any other kind of gambling activity which is authorized or regulated under Chapter 9 except to the exclusive extent of his or her statutory duties as a licensed manufacturer or employee thereof, as a lottery contractor pursuant to the State Lottery Act, and as provided in sections 9-255.09 and 9-632. No manufacturer or employee or spouse of any manufacturer shall have a substantial interest in any other manufacturer, any distributor, any manufacturer-distributor as defined in section 9-616 other than itself, or any licensed organization or any other licensee regulated under Chapter 9.
Source
Laws 1985, LB 408, § 27;
R.S.Supp.,1985, § 9-143.03;
Laws 1986, LB 1027, § 101;
Laws 1989, LB 767, § 37;
Laws 1994, LB 694, § 82.
Cross References
State Lottery Act, see section 9-801.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-336 - Pickle card or pickle card unit; serial number required; manufacturer; duties.

9-336.
Pickle card or pickle card unit; serial number required; manufacturer; duties.
Each manufacturer of pickle cards or pickle card units shall assign a serial number to each unit of pickle cards he or she manufactures and place such number on each flare card supplied by such manufacturer and on each pickle card in the unit. No manufacturer shall sell or furnish to any person a unit of pickle cards with the same serial number as a unit which such manufacturer has previously distributed in this or any other state within the three years prior to such sale or furnishing.
Source
Laws 1985, LB 408, § 25;
R.S.Supp.,1985, § 9-186.03;
Laws 1986, LB 1027, § 102;
Laws 1994, LB 694, § 83.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-337 - Pickle cards; construction standards.

9-337.
Pickle cards; construction standards.
(1) Pickle cards shall be constructed so that it is impossible to determine the covered or concealed number, letter, symbol, configuration, or combination thereof on the pickle card until it has been dispensed to and opened by the player, by any method or device, including, but not limited to, the use of a marking, variance in size, variance in paper fiber, or light.
(2) All pickle cards shall be constructed to ensure that, when offered for sale to the public, the pickle card is virtually opaque and free of security defects so that winning pickle cards cannot be determined, prior to being opened, through the use of high-intensity lights or any other method.
(3) All pickle cards shall be constructed to conform in all other respects to the provisions and specifications imposed by the Nebraska Pickle Card Lottery Act or by rule or regulation as to the manufacture, assembly, or packaging of pickle cards or pickle card units.
Source
Laws 1985, LB 408, § 23;
R.S.Supp.,1985, § 9-186.01;
Laws 1986, LB 1027, § 103.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-338 - Pickle card or pickle card unit; restrictions on manufacturer; contraband.

9-338.
Pickle card or pickle card unit; restrictions on manufacturer; contraband.
(1) No manufacturer or representative thereof, with knowledge or in circumstances under which he or she reasonably should have known, shall manufacture, possess, display, sell, or otherwise furnish to any person any pickle card or pickle card unit:
(a) In which the winning tab or tabs have not been completely and randomly distributed and mixed among all other tabs in a series;
(b) In which the location or approximate location of any of the winning tab or tabs can be determined in advance of opening the tab or tabs in any manner or by any device, including, but not limited to, any pattern in the manufacture, assembly, or packaging of the tabs or pickle cards by the manufacturer, by any markings on the tabs or container, or by the use of a light;
(c) Which offers both a chance for an instant prize and a possible chance to participate in a subsequent lottery activity, except that pickle card units (i) may utilize a seal card to award prizes or (ii) may utilize numbers drawn or selected in the conduct of bingo pursuant to the Nebraska Bingo Act to award prizes; or
(d) Which does not conform in all other respects to the requirements of the Nebraska Pickle Card Lottery Act and any other specifications imposed by the department by rule and regulation as to the manufacture, assembly, or packaging of pickle cards.
Any such cards or units shall be contraband goods for purposes of section 9-350.
(2) No manufacturer or representative thereof shall use as a sales promotion any statement, demonstration, or implication that any certain portion of a series of pickle cards contains more winners than other portions of the series or that any series of pickle cards or pickle card units may be sold by the organization or its designated sales agent or pickle card operator in a particular manner that would give the seller any advantage in selling more of the pickle cards before having to pay out winners.
Source
Laws 1985, LB 408, § 24;
R.S.Supp.,1985, § 9-186.02;
Laws 1986, LB 1027, § 104;
Laws 1996, LB 1277, § 7;
Laws 2000, LB 658, § 3.
Cross References
Nebraska Bingo Act, see section 9-201.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-339 - Pickle card or pickle card unit; department; examination.

9-339.
Pickle card or pickle card unit; department; examination.
In addition to any other authority of the department and its authorized agents to conduct inspections, the department and its agents shall have the authority to select any pickle card or pickle card unit held by a distributor, licensed organization, sales agent, pickle card operator, or manufacturer and to examine the quality and integrity of such card or unit in any manner, including pulling all chances remaining thereon. If the pickle card or pickle card unit so inspected is thereby altered in any manner and no defect, alteration, deceptive condition, or other violation is discovered, the owner shall be reimbursed by the department for the cost of the pickle card or pickle card unit and the pickle card or pickle card unit shall become property of the department.
Source
Laws 1985, LB 408, § 22;
R.S.Supp.,1985, § 9-186.04;
Laws 1986, LB 1027, § 105.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-340.01 - Distributor; provide purchaser with invoice.

9-340.01.
Distributor; provide purchaser with invoice.
Each distributor shall, in a manner prescribed by the department, provide each purchaser of a pickle card unit or punchboard with an invoice of sale. The invoice shall contain the purchaser's name and complete address and any other information the department deems necessary.
Source
Laws 1988, LB 1232, § 37.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-340.02 - Pickle card units; dispensing devices; payment; definite profit; how remitted; delivery; credit; limitations.

9-340.02.
Pickle card units; dispensing devices; payment; definite profit; how remitted; delivery; credit; limitations.
(1) All pickle card units purchased by a licensed organization from a licensed distributor shall be paid for by a check drawn on the pickle card bank account of the licensed organization either in advance of or upon delivery of the pickle card units.
(2) A licensed pickle card operator shall remit the definite profit, less not more than thirty percent of the definite profit as allowed by subsection (4) of section 9-347, of all pickle card units received to the sponsoring licensed organization by check either in advance of or upon delivery of the pickle card units from the sales agent to the pickle card operator. Upon delivery of the pickle card units, the sales agent shall issue the pickle card operator a standard receipt prescribed by the department.
(3) Unless otherwise authorized by the department, pickle card units shall be delivered to a pickle card operator only by a sales agent's personal delivery or by delivery arranged by a sales agent through the mail or by a common carrier.
(4) No licensed organization conducting a lottery by the sale of pickle cards shall extend credit in any form, including, but not limited to, the extension of any credit with regard to the receipt of the definite profit, less not more than thirty percent of the definite profit as allowed by subsection (4) of section 9-347, of a pickle card unit from a pickle card operator upon delivery of a pickle card unit to the pickle card operator and the extension of any credit with regard to the sale or lease of any equipment or coin-operated or currency-operated pickle card dispensing device used in connection with a lottery by the sale of pickle cards.
(5) All payments for the purchase, lease, or rental of a coin-operated or currency-operated pickle card dispensing device by a licensed organization shall be made by a check drawn on the organization's pickle card checking account.
(6) All payments for the purchase, lease, or rental of a coin-operated or currency-operated pickle card dispensing device by a licensed pickle card operator from a licensed organization shall be made by a check drawn on the business checking account of the pickle card operator or a personal checking account of an owner, partner, or officer of the pickle card operator, either at the time of or before placement of the device or on or before the first day of the period of the lease, whichever comes first.
(7) All lease or rental agreements between a licensed organization and a licensed pickle card operator for coin-operated or currency-operated pickle card dispensing devices shall be subject to approval by the department.
Source
Laws 1988, LB 1232, § 38;
Laws 1989, LB 767, § 39;
Laws 1991, LB 427, § 38;
Laws 1995, LB 344, § 16;
Laws 2002, LB 545, § 33.