reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-341 - Licensed manufacturer; duty to keep records.

9-341.
Licensed manufacturer; duty to keep records.
Every licensed manufacturer shall keep and maintain a complete set of records which shall include all details of all activities of the licensee related to the conduct of the licensed activity as may be required by the department, including the total number of pickle card units sold to any Nebraska-licensed distributor. Such records shall be available for inspection by the department. The records shall be maintained for a period of not less than three years from the date of the end of the licensee's fiscal year.
Source
Laws 1985, LB 408, § 20;
R.S.Supp.,1985, § 9-143.04;
Laws 1986, LB 1027, § 107.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-342 - Licensed organization; pickle cards; powers and duties; purchases; limitation.

9-342.
Licensed organization; pickle cards; powers and duties; purchases; limitation.
(1) Any organization licensed to conduct a lottery by the sale of pickle cards shall purchase units for such purposes from a distributor and shall use the net profit from the sale of the pickle cards for a lawful purpose.
(2) When any organization licensed to conduct a lottery by the sale of pickle cards purchases units from a distributor, such organization shall provide the distributor with a copy of the organization's license or other adequate identification indicating that such organization has a valid license issued pursuant to section 9-327.
(3) Only a person (a) licensed pursuant to section 9-327 as a utilization-of-funds member, (b) licensed pursuant to section 9-329 as a sales agent, (c) licensed pursuant to section 9-232.01 as a gaming manager, (d) designated as a bingo chairperson by an organization licensed to conduct bingo pursuant to the Nebraska Bingo Act, or (e) 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 shall order pickle card units from a distributor on behalf of the organization. Only a person licensed as a utilization-of-funds member shall purchase pickle card units from a distributor on behalf of the organization. No pickle card operator shall order or purchase any pickle card or pickle card unit from a distributor.
Source
Laws 1983, LB 259, § 42;
Laws 1984, LB 949, § 48;
R.S.Supp.,1984, § 9-177;
Laws 1986, LB 1027, § 108;
Laws 1988, LB 1232, § 40;
Laws 1994, LB 694, § 85;
Laws 1997, LB 248, § 15.
Cross References
Nebraska Bingo Act, see section 9-201.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-343 - Distributor; records; reports.

9-343.
Distributor; records; reports.
(1) A distributor shall maintain records of total sales of pickle card units and, within thirty days after the end of the calendar month or by the last day of the month following each monthly period, whichever comes first, shall report to the department, in a manner prescribed by the department, detailed information concerning each sale, which information shall include, but not be limited to, (a) the total number of units sold by such distributor, (b) the aggregate price for which such cards will be sold by the purchasing organization, and (c) any other information the department deems necessary.
(2) A distributor shall maintain a record of the serial number of each unit sold and the corresponding state identification stamp number assigned to each unit. Such information shall be made available to the department upon request.
Source
Laws 1983, LB 259, § 48;
Laws 1984, LB 949, § 54;
Laws 1985, LB 408, § 32;
R.S.Supp.,1985, § 9-183;
Laws 1986, LB 1027, § 109;
Laws 1988, LB 1232, § 41;
Laws 1997, LB 248, § 16.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-344 - Distributor; taxation; deficiencies.

9-344.
Distributor; taxation; deficiencies.
(1) Accompanying the monthly reports required in section 9-343, the distributor shall remit to the department a tax equal to ten percent of the definite profit of each pickle card unit sold by the distributor. Such tax shall be remitted with and reported on a form prescribed by the department on a monthly basis and shall be due and payable within thirty days after each monthly period or by the last day of the month following each monthly period, whichever comes first. The department shall remit the tax to the State Treasurer for credit to the Charitable Gaming Operations Fund. The distributor shall include the tax due under this section in the selling price of units and shall separately state such tax on the invoice. All deficiencies of the tax prescribed in this section shall accrue interest and be subject to a penalty as provided for sales and use taxes in the Nebraska Revenue Act of 1967.
(2) Unless otherwise provided in the Nebraska Pickle Card Lottery Act, no occupation tax on any proceeds derived from the conduct of a lottery by the sale of pickle cards shall be levied, assessed, or collected from any licensee under the act by any county, township, district, city, village, or other governmental subdivision or body having power to levy, assess, or collect such tax.
(3) For purposes of proper administration of the tax imposed by this section and to prevent evasion of the tax, it shall be presumed that each pickle card unit sold by a distributor or obtained from a manufacturer and not accounted for by a distributor is subject to the tax until the contrary is established. The burden of proving the contrary shall be upon the distributor.
Source
Laws 1983, LB 259, § 49;
Laws 1984, LB 949, § 55;
Laws 1985, LB 408, § 33;
R.S.Supp.,1985, § 9-184;
Laws 1986, LB 1027, § 110;
Laws 1988, LB 1232, § 42;
Laws 1989, LB 767, § 40;
Laws 1990, LB 1055, § 5;
Laws 1991, LB 427, § 39;
Laws 1994, LB 694, § 86.
Cross References
Nebraska Revenue Act of 1967, see section 77-2701.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-345 - Participation; age limitation.

9-345.
Participation; age limitation.
(1) No person under eighteen years of age shall play or participate in any way in any lottery by the sale of pickle cards.
(2) No person or licensee, or employee or agent thereof, shall knowingly permit an individual under eighteen years of age to play or participate in any way in any lottery by the sale of pickle cards conducted pursuant to the Nebraska Pickle Card Lottery Act.
Source
Laws 1986, LB 1027, § 111;
Laws 1997, LB 248, § 17.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-345.01 - Conduct of lottery; location; special function.

9-345.01.
Conduct of lottery; location; special function.
A licensed organization may conduct a lottery by the sale of pickle cards only at its designated premises, at its regularly scheduled bingo occasion and its limited period bingo conducted pursuant to the Nebraska Bingo Act, and at the premises of one or more pickle card operators.
A licensed organization may obtain an authorization from the department to sell its individual pickle cards at a festival, bazaar, picnic, carnival, or similar special function conducted by the licensed organization outside of the organization's designated premises one time per twelve-month period commencing October 1 of each year or such other date as the department may prescribe by rule and regulation not to exceed seven consecutive days if the special function is conducted within the county in which the licensed organization has its principal office and the pickle cards are sold only by volunteer members of the licensed organization. A licensed organization shall make written request to the department for such authorization at least ten days prior to the start of the special function.
Source
Laws 1988, LB 1232, § 28;
Laws 1994, LB 694, § 87;
Laws 2000, LB 1086, § 14.
Cross References
Nebraska Bingo Act, see section 9-201.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-345.02 - Flare cards; punchboards; posting; identification.

9-345.02.
Flare cards; punchboards; posting; identification.
(1) Licensed organizations and pickle card operators selling individual pickle cards or punchboards shall conspicuously post the flare card for each pickle card unit in play at that location.
(2) Licensed organizations and pickle card operators shall identify each flare card or punchboard in a manner prescribed by the department indicating the name and state identification number of each nonprofit organization on behalf of which individual pickle cards and punches from punchboards are sold at such location.
Source
Laws 1988, LB 1232, § 29;
Laws 1989, LB 767, § 41.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-345.03 - Pickle cards; dispensing device; registration; application; fee; decal; nontransferable; access; violations; penalties.

9-345.03.
Pickle cards; dispensing device; registration; application; fee; decal; nontransferable; access; violations; penalties.
(1) Any person who places a coin-operated or currency-operated pickle card dispensing device in operation in this state without a current registration decal affixed permanently and conspicuously to the device shall be subject to an administrative penalty of thirty dollars for each violation. The department shall remit the proceeds from such penalties to the State Treasurer for credit to the Charitable Gaming Operations Fund.
(2) Registration of the device with the department shall be made by application to the department and shall be the responsibility of the licensed organization when such device is to be used in a licensed organization's designated premises or at the location of its regularly scheduled bingo occasion or of the licensed pickle card operator when such device is to be used on the premises of the pickle card operator.
(3) Each application for registration shall include (a) the name and address of the licensed pickle card operator or licensed organization registering the device, (b) the state identification number of the licensed pickle card operator or licensed organization registering the device, (c) a detailed description of the physical appearance and operation of the device, and (d) such other information which the department deems necessary.
(4) A fee of fifty dollars shall be charged for each decal issued pursuant to this section. The department shall remit the proceeds from the fee to the State Treasurer for credit to the Charitable Gaming Operations Fund. All decals issued by the department pursuant to this section shall expire on December 31 of each year or such other date as the department may prescribe by rule and regulation and shall be renewed annually.
(5) The registration decal issued by the department pursuant to this section shall not be transferable.
(6) Upon request by the Tax Commissioner or his or her agents or employees, the licensed organization or pickle card operator responsible for registering the device shall provide the requesting individual immediate access to any pickle cards contained within such device.
(7) Any person violating any provision of this section shall be deemed guilty of a Class II misdemeanor. Each day on which any person engages in or conducts the business of operating any device subject to this section without having paid the penalty or the registration as provided constitutes a separate offense.
Source
Laws 1988, LB 1232, § 43;
Laws 1991, LB 427, § 40;
Laws 1995, LB 344, § 17;
Laws 2000, LB 1086, § 15.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-345.04 - Seal cards; authorized; requirements.

9-345.04.
Seal cards; authorized; requirements.
A lottery by the sale of pickle cards may be conducted utilizing a seal card comprised of a board or placard that contains a seal or seals which, when removed or opened, reveal predesignated winning numbers, letters, symbols, or any combination thereof. All rules governing the handling of prizes awarded in conjunction with seal cards shall be posted prominently in the area where such pickle card units are played.
Source
Laws 1996, LB 1277, § 1.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-346 - Determination of winner; pickle cards; requirements.

9-346.
Determination of winner; pickle cards; requirements.
(1) The winning cards, boards, or tickets in any lottery by the sale of pickle cards shall be determined by a comparison of those numbers, letters, symbols, or configurations, or combination thereof, which are revealed on the pickle cards, to a set of numbers, letters, symbols, or configurations, or combination thereof, which has been previously specified as a winning combination. Whenever the winning combinations do not comprise a statement of the cash prize won, the winning combinations shall be printed on every pickle card that is wider than one inch or longer than two and one-half inches. Pickle cards that are smaller than such dimensions shall have the winning combinations printed on a flare card that is publicly displayed at the point of sale of the pickle cards.
(2) The winning chances of any pickle card shall not be determined or otherwise known until after its purchase and only upon opening, pulling, detaching, breaking open, or otherwise removing the tab or tabs to clearly reveal or otherwise appropriately revealing the combination. The winning chances shall be determined by and based upon an element of chance.
(3) Any person possessing a winning pickle card shall receive the appropriate cash prize previously determined and specified for that winning combination.
(4) All pickle cards shall legibly bear on the outside of each pickle card the name of the licensed organization conducting the lottery by the sale of pickle cards and such organization's state identification number.
(5) Nothing in this section shall prohibit (a) punchboards which allow the person who purchases the last punch on the punchboard to receive a cash prize predetermined by the manufacturer as a result of purchasing the last punch, (b) pickle card units which utilize a seal card which allows a seal card winner to receive a cash prize predetermined by the manufacturer, (c) pickle card units which utilize a seal card as described in this section which allow the person who purchases the last pickle card of such a unit to receive a cash prize predetermined by the manufacturer as a result of purchasing the last pickle card, or (d) pickle card units which are designed by a manufacturer to utilize bingo numbers drawn during the conduct of bingo to determine a winning combination. Such pickle card units shall be sold by a licensed distributor only to an organization licensed to conduct a lottery by the sale of pickle cards which is also licensed to conduct bingo and shall be played only at the bingo premises of the licensed organization during a bingo occasion conducted pursuant to the Nebraska Bingo Act.
Source
Laws 1983, LB 259, § 5;
Laws 1984, LB 949, § 11;
Laws 1985, LB 408, § 4;
R.S.Supp.,1985, § 9-140.01;
Laws 1986, LB 1027, § 112;
Laws 1988, LB 1232, § 44;
Laws 1989, LB 767, § 42;
Laws 1994, LB 694, § 88;
Laws 1996, LB 1277, § 8;
Laws 1997, LB 248, § 18;
Laws 2000, LB 658, § 4.
Cross References
Nebraska Bingo Act, see section 9-201.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-347.01 - Definite profit; distribution; net profit; use.

9-347.01.
Definite profit; distribution; net profit; use.
(1) For each type of pickle card unit marketed in this state, the department shall determine the following: (a) When a licensed organization sells pickle cards through pickle card operators, the portion of the definite profit from that pickle card unit which shall go to the licensed organization, such amount to be not less than seventy percent of the definite profit from such pickle card unit; (b) the maximum amount of the definite profit from the sale of a pickle card unit that a licensed organization may pay a pickle card operator as a commission, fee, or salary to sell its pickle cards, such amount not to exceed thirty percent of the definite profit from such pickle card unit; (c) the portion of the definite profit from the sale of a pickle card unit which may be expended by a licensed organization for allowable expenses, such amount not to exceed twelve percent of the definite profit from such pickle card unit; and (d) the portion of the definite profit from the sale of a pickle card unit which may be utilized by a licensed organization for payment of the organization's sales agent, such amount to be a portion of the allowable expenses and not to exceed six percent of the definite profit from such pickle card unit.
(2) The licensed organization's net profit from the sale of a pickle card unit shall be used exclusively for a lawful purpose. A licensed organization shall not donate or promise to donate its net profit or any portion of the net profit to a recipient outside of its organization as an inducement for or in exchange for (a) a payment, gift, or other thing of value from the recipient to any person, organization, or corporation, including, but not limited to, the licensed organization or any of its members, employees, or agents, or (b) a pickle card operator's agreement to sell pickle cards on behalf of the licensed organization.
Source
Laws 1988, LB 1232, § 46;
Laws 1989, LB 767, § 44;
Laws 1995, LB 344, § 19;
Laws 2002, LB 545, § 35;
Laws 2009, LB286, § 3.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-348 - Segregation of definite profit; manner of payment; records; requirements.

9-348.
Segregation of definite profit; manner of payment; records; requirements.
(1) The definite profit, less not more than thirty percent of the definite profit as allowed by subsection (4) of section 9-347, of any lottery by the sale of pickle cards and all amounts received by any licensed organization from the sale, lease, or rental of coin-operated or currency-operated pickle card dispensing devices shall be segregated from other revenue of any licensed organization conducting the lottery and placed in a separate checking account. All lawful purpose donations and expenses relating to the licensed organization's lottery by the sale of pickle cards, including the allowable expenses, any license fees paid to the department to license the organization, each utilization-of-funds member, and any sales agent, coin-operated or currency-operated pickle card dispensing device registration fees, and the unit cost but excluding the payment of prizes for winning pickle cards, shall be paid by check from such account and shall be made payable to the ultimate use of such lawful purpose donations or expenses.
(2) Separate records shall be maintained by any licensed organization conducting a lottery by the sale of pickle cards. Each nonprofit organization conducting a lottery by the sale of pickle cards shall keep a record of all locations or persons who are paid to sell pickle cards. Records and lists required by the Nebraska Pickle Card Lottery Act shall be preserved for at least three years. Any law enforcement agency or other agency of government shall have the authority to investigate the records relating to lotteries by the sale of pickle cards and gross proceeds from such lotteries at any time. Organizations shall, upon proper written request, deliver all such records to the department, law enforcement agency, or other agency of government for investigation.
Source
Laws 1983, LB 259, § 46;
Laws 1984, LB 949, § 52;
R.S.Supp.,1984, § 9-181;
Laws 1986, LB 1027, § 114;
Laws 1988, LB 1232, § 47;
Laws 1989, LB 767, § 45;
Laws 1994, LB 694, § 90;
Laws 1995, LB 344, § 20.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-348.01 - Lottery by the sale of pickle cards; sources of funding; payments; restrictions.

9-348.01.
Lottery by the sale of pickle cards; sources of funding; payments; restrictions.
(1) A lottery by the sale of pickle cards shall fund itself after its first year of existence and shall not receive money from any other source, including the operation of other charitable gaming activities, for the payment of prizes, unit cost, allowable expenses, any commission paid to a pickle card operator, lawful purpose donations, or any other expense associated with the operation of the lottery by the sale of pickle cards except as provided in subsection (2) of this section.
(2) A licensed organization establishing a lottery by the sale of pickle cards may finance such lottery with money from the general fund of the licensed organization during the first year of operation of the lottery by the sale of pickle cards. General fund money used to finance a lottery by the sale of pickle cards may be repaid from funds received by the lottery by the sale of pickle cards.
(3) A licensed organization may commingle funds received from the sale of pickle cards with any general operating funds of the licensed organization by means of a check drawn on the pickle card checking account or by electronic funds transfer from that account, but the burden of proof shall be on the licensed organization to demonstrate that such commingled funds are not used to make any payments associated with the operation of the lottery by the sale of pickle cards and are used for a lawful purpose.
Source
Laws 1988, LB 1232, § 49;
Laws 1989, LB 767, § 46;
Laws 1994, LB 694, § 91.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-351 - Unauthorized sale or possession of pickle cards; violation; penalty.

9-351.
Unauthorized sale or possession of pickle cards; violation; penalty.
(1) No person or organization other than those qualifying under section 9-326 and licensed pursuant to section 9-327 shall be permitted to conduct a lottery by the sale of pickle cards in this state.
(2) No person other than a licensed distributor or manufacturer shall possess pickle cards that are not properly printed with the information required in section 9-346.
(3) Any person who violates this section shall be guilty of a Class I misdemeanor.
Source
Laws 1983, LB 259, § 44;
Laws 1984, LB 949, § 51;
Laws 1985, LB 408, § 31;
R.S.Supp.,1985, § 9-179;
Laws 1986, LB 1027, § 117.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-353 - Violations; standing to sue.

9-353.
Violations; standing to sue.
Any person in this state, including any law enforcement official, who has cause to believe that (1) any licensed organization, (2) any employee or agent of such licensed organization, (3) any person acting in concert with such licensed organization, or (4) any person in connection with a lottery by the sale of pickle cards has engaged in or is engaging in any conduct in violation of the Nebraska Pickle Card Lottery Act or has aided or is aiding another in any conduct in violation of the act may commence a civil action in any district court of this state.
Source
Laws 1986, LB 1027, § 119.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-354 - Civil action; relief permitted.

9-354.
Civil action; relief permitted.
In any civil action commenced pursuant to section 9-353, a court may allow:
(1) A temporary restraining order or injunction, with or without a bond as the court may direct, prohibiting a party to the action from continuing or engaging in such conduct, aiding in such conduct, or doing any act in furtherance of such conduct;
(2) A declaration that the conduct by a licensed organization or employee or agent of a licensed organization, which is a party to the action, constitutes a violation of the Nebraska Pickle Card Lottery Act and a determination of the number and times of violations for certification to the department for appropriate license revocation purposes;
(3) A permanent injunction under principles of equity and on reasonable terms;
(4) An accounting of the profits, earnings, or gains resulting directly and indirectly from such violations, with restitution or a distribution of such profits, earnings, or gains to all licensed organizations existing at the time of such violations which apply to the court and show that they suffered monetary losses by reason of such violations and with distribution of any remaining profits, earnings, or gains to the state; and
(5) Reasonable attorney's fees and court costs.
Source
Laws 1986, LB 1027, § 120;
Laws 1991, LB 427, § 42.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-355 - Civil procedure statutes; applicability.

9-355.
Civil procedure statutes; applicability.
Proceedings under section 9-353 shall be subject to and governed by the district court civil procedure statutes. Issues properly raised shall be tried and determined as in other civil actions in equity. All orders, judgments, and decrees rendered may be reviewed as other orders, judgments, and decrees.
Source
Laws 1986, LB 1027, § 121.
Cross References
Appeals, procedure, see section 25-1901 et seq.
Civil procedure statutes, see section 25-101 et seq.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-401 - Act, how cited.

9-401.
Act, how cited.
Sections 9-401 to 9-437 shall be known and may be cited as the Nebraska Lottery and Raffle Act.
Source
Laws 1986, LB 1027, § 122;
Laws 1991, LB 427, § 44;
Laws 1994, LB 694, § 94;
Laws 1997, LB 248, § 21;
Laws 2002, LB 545, § 37.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-402 - Purpose of act.

9-402.
Purpose of act.
(1) The purpose of the Nebraska Lottery and Raffle Act is to protect the health and welfare of the public, to protect the economic welfare and interest in certain lotteries with gross proceeds greater than one thousand dollars and certain raffles with gross proceeds greater than five thousand dollars, to insure that the profits derived from the operation of any such lottery or raffle are accurately reported in order that their revenue-raising potential be fully exposed, to insure that the profits are used for legitimate purposes, and to prevent the purposes for which the profits of any such lottery or raffle are to be used from being subverted by improper elements.
(2) The purpose of the Nebraska Lottery and Raffle Act is also to completely and fairly regulate each level of the traditional marketing scheme of tickets or stubs for such lotteries and raffles to insure fairness, quality, and compliance with the Constitution of Nebraska. To accomplish such purpose, the regulation and licensure of nonprofit organizations and any other person involved in the marketing scheme are necessary.
(3) The Nebraska Lottery and Raffle Act shall apply to all lotteries with gross proceeds in excess of one thousand dollars, except for lotteries by the sale of pickle cards conducted in accordance with the Nebraska Pickle Card Lottery Act, lotteries conducted by a county, city, or village in accordance with the Nebraska County and City Lottery Act, and lottery games conducted in accordance with the State Lottery Act, and to all raffles with gross proceeds in excess of five thousand dollars. All such lotteries and raffles shall be played and conducted only by the methods permitted in the act. No other form, means of selection, or method of play shall be allowed.
Source
Laws 1986, LB 1027, § 123;
Laws 1991, LB 849, § 49;
Laws 1993, LB 138, § 7.
Cross References
Nebraska County and City Lottery Act, see section 9-601.
Nebraska Pickle Card Lottery Act, see section 9-301.
State Lottery Act, see section 9-801.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-403 - Definitions, where found.

9-403.
Definitions, where found.
For purposes of the Nebraska Lottery and Raffle Act, unless the context otherwise requires, the definitions found in sections 9-404 to 9-417.02 shall be used.
Source
Laws 1986, LB 1027, § 124;
Laws 1994, LB 694, § 95;
Laws 2003, LB 3, § 3.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-404 - Allowable expenses, defined.

9-404.
Allowable expenses, defined.
Allowable expenses shall mean:
(1) All costs associated with the purchasing, printing, or manufacturing of any items to be used or distributed to participants such as tickets;
(2) All office expenses;
(3) All promotional expenses;
(4) The tax on gross proceeds prescribed in section 9-429;
(5) All license and permit fees prescribed by the Nebraska Lottery and Raffle Act;
(6) Any tax or fee imposed pursuant to section 9-433; and
(7) Any fee paid to any person associated with the operation of any lottery or raffle.
Source
Laws 1986, LB 1027, § 125;
Laws 1994, LB 694, § 96.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-407 - Gross proceeds, defined.

9-407.
Gross proceeds, defined.
Gross proceeds shall mean the total receipts received from the conduct of the lottery or raffle without any reduction for prizes, discounts, taxes, or allowable expenses. Gross proceeds shall include receipts from any required admission costs or any other required purchase, to the extent such admission cost or purchase itself constitutes a chance in the lottery or raffle, and the value of any free tickets or stubs or free plays used.
Source
Laws 1986, LB 1027, § 128;
Laws 1994, LB 694, § 97.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-408 - Lawful purpose, defined.

9-408.
Lawful purpose, defined.
(1) Lawful purpose shall mean charitable or community betterment purposes, including, but not limited to, one or more of the following:
(a) Benefiting persons by enhancing their opportunity for religious or educational advancement, by relieving or protecting them from disease, suffering, or distress, by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their comprehension of and devotion to the principles upon which this nation was founded;
(b) Initiating, performing, or fostering worthy public works or enabling or furthering the erection or maintenance of public structures; and
(c) Lessening the burdens borne by government or voluntarily supporting, augmenting, or supplementing services which government would normally render to the people.
(2) Lawful purpose shall not include any activity consisting of an attempt to influence legislation or participate in any political campaign on behalf of any elected official or person who is or has been a candidate for public office.
(3) Nothing in this section shall prohibit any organization licensed pursuant to the Nebraska Lottery and Raffle Act from using its proceeds or profits derived from activities under the act in any activity which benefits and is conducted by the organization, including any charitable, benevolent, humane, religious, philanthropic, recreational, social, educational, civic, or fraternal activity conducted by the organization for the benefit of its members.
Source
Laws 1986, LB 1027, § 129;
Laws 1994, LB 694, § 98.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-409 - License, defined.

9-409.
License, defined.
License shall mean any license to conduct a lottery or raffle as provided in section 9-424 or any license for a utilization-of-funds member as provided in such section.
Source
Laws 1986, LB 1027, § 130;
Laws 1994, LB 694, § 99.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-410 - Licensed organization, defined.

9-410.
Licensed organization, defined.
Licensed organization shall mean a nonprofit organization or a volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad licensed to conduct a lottery or raffle under the Nebraska Lottery and Raffle Act.
Source
Laws 1986, LB 1027, § 131;
Laws 2002, LB 545, § 38.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-411 - Lottery, defined.

9-411.
Lottery, defined.
(1) Lottery shall mean a gambling scheme in which (a) participants pay or agree to pay something of value for an opportunity to win, (b) winning opportunities are represented by tickets differentiated by sequential enumeration, and (c) winners are determined by a random drawing of the tickets or by the method set forth in section 9-426.01.
(2) Lottery shall not include (a) any raffle as defined in section 9-415, (b) any gambling scheme which uses any mechanical, computer, electronic, or video gaming device which has the capability of awarding something of value, free games redeemable for something of value, or tickets or stubs redeemable for something of value, (c) any activity which is authorized or regulated under the Nebraska Bingo Act, the Nebraska County and City Lottery Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, the State Lottery Act, section 9-701, or Chapter 2, article 12, or (d) any activity which is prohibited under Chapter 28, article 11.
Source
Laws 1986, LB 1027, § 132;
Laws 1991, LB 849, § 50;
Laws 1993, LB 138, § 8;
Laws 1997, LB 248, § 22.
Cross References
Nebraska Bingo Act, see section 9-201.
Nebraska County and City Lottery Act, see section 9-601.
Nebraska Pickle Card Lottery Act, see section 9-301.
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 › 9-412 - Member, defined.

9-412.
Member, defined.
Member shall mean a person who is recognized and acknowledged by a licensed organization as a member for purposes other than conducting activities under the Nebraska Lottery and Raffle Act. Member shall not include social or honorary members.
Source
Laws 1986, LB 1027, § 133.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-415 - Raffle, defined.

9-415.
Raffle, defined.
(1) Raffle shall mean a gambling scheme in which (a) participants pay or agree to pay something of value for an opportunity to win, (b) winning opportunities are represented by tickets differentiated by sequential enumeration, (c) winners are determined by a random drawing of the tickets or by the method set forth in section 9-426.01, and (d) at least eighty percent of all of the prizes to be awarded are merchandise prizes which are not directly or indirectly redeemable for cash by the licensed organization conducting the raffle or any agent of the organization.
(2) Raffle shall not include (a) any gambling scheme which uses any mechanical, computer, electronic, or video gaming device which has the capability of awarding something of value, free games redeemable for something of value, or tickets or stubs redeemable for something of value, (b) any activity which is authorized or regulated under the Nebraska Bingo Act, the Nebraska County and City Lottery Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, the State Lottery Act, section 9-701, or Chapter 2, article 12, or (c) activity which is prohibited under Chapter 28, article 11.
Source
Laws 1986, LB 1027, § 136;
Laws 1991, LB 849, § 51;
Laws 1993, LB 138, § 9;
Laws 1997, LB 248, § 23.
Cross References
Nebraska Bingo Act, see section 9-201.
Nebraska County and City Lottery Act, see section 9-601.
Nebraska Pickle Card Lottery Act, see section 9-301.
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 › 9-417.01 - Utilization-of-funds member, defined.

9-417.01.
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 a lottery or raffle and for the proper utilization of the gross proceeds derived from the conduct of a lottery or raffle.
Source
Laws 1994, LB 694, § 100.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-417.02 - Volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad, defined.

9-417.02.
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, § 39.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-418.01 - Denial of application; procedure.

9-418.01.
Denial of application; procedure.
(1) Before any application is denied pursuant to section 9-418, 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 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 1991, LB 427, § 47;
Laws 2002, LB 545, § 41;
Laws 2012, LB727, § 8.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-418.02 - Administrative fines; disposition; collection.

9-418.02.
Administrative fines; disposition; collection.
(1) All money collected by the department as an administrative fine shall be remitted on a monthly basis to the State Treasurer for credit to the permanent school fund.
(2) Any administrative fine levied under section 9-418 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 1991, LB 427, § 46;
Laws 1994, LB 694, § 102.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-420 - Hearing; required; when; notice.

9-420.
Hearing; required; when; notice.
Before the adoption, amendment, or repeal of any rule or regulation, the suspension, revocation, or cancellation of any license or permit, or the levying of an administrative fine pursuant to section 9-418, the department shall set the matter for hearing. Such suspension, revocation, or cancellation proceedings or proceedings to levy an administrative fine shall be considered 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 by personal service or mail upon the licensee, permittee, or violator 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 9-419.
Source
Laws 1986, LB 1027, § 141;
Laws 1991, LB 427, § 49;
Laws 1994, LB 694, § 103;
Laws 1995, LB 344, § 27;
Laws 2012, LB727, § 9.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-421 - Proceeding before department; service; security; appeal.

9-421.
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, § 142;
Laws 1988, LB 352, § 16;
Laws 1991, LB 427, § 50.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-422 - Lottery or raffle; restriction on gross proceeds; violation; penalty.

9-422.
Lottery or raffle; restriction on gross proceeds; violation; penalty.
No person, except a licensed organization operating pursuant to the Nebraska Lottery and Raffle Act, shall conduct any lottery with gross proceeds in excess of one thousand dollars or any raffle with gross proceeds in excess of five thousand dollars. Any lottery or raffle conducted in violation of this section is hereby declared to be a public nuisance. Any person who violates this section shall be guilty of a Class III misdemeanor. Nothing in this section shall be construed to apply to any lottery conducted in accordance with the Nebraska County and City Lottery Act, any lottery by the sale of pickle cards conducted in accordance with the Nebraska Pickle Card Lottery Act, or any lottery game conducted pursuant to the State Lottery Act.
Source
Laws 1984, LB 949, § 63;
R.S.Supp.,1984, § 9-199;
Laws 1986, LB 1027, § 143;
Laws 1991, LB 849, § 52;
Laws 1993, LB 138, § 10.
Cross References
Nebraska County and City Lottery Act, see section 9-601.
Nebraska Pickle Card Lottery Act, see section 9-301.
State Lottery Act, see section 9-801.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-423 - License; qualified applicants.

9-423.
License; qualified applicants.
(1) Any nonprofit organization holding a certificate of exemption under section 501 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 or raffle.
(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;
(b) Have at least ten members in good standing;
(c) Conduct activities within this state in addition to the conduct of lotteries or raffles;
(d) Be authorized by its constitution, articles, charter, or bylaws to further in this state a lawful purpose; and
(e) 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.
Source
Laws 1986, LB 1027, § 144;
Laws 2002, LB 545, § 42.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-424 - License; application; contents; fee; duty to keep current.

9-424.
License; application; contents; fee; duty to keep current.
(1) Each applicant for a license to conduct a lottery or raffle shall file with the department an application on a form prescribed by the department. Each application shall include:
(a) The name and address of the applicant and, if the applicant is an individual, his or her social security number;
(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 9-423;
(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 Lottery and Raffle 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 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;
(f) Other information which the department deems necessary; and
(g) A thirty-dollar biennial license fee for the organization and a forty-dollar biennial license fee for each utilization-of-funds member.
(2) 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.
Source
Laws 1986, LB 1027, § 145;
Laws 1994, LB 694, § 104;
Laws 1997, LB 752, § 68;
Laws 2007, LB638, § 13.
2023 Nebraska Revised Statutes › Chapter 9 - Bingo and Other Gambling › 9-425 - Licenses; renewal; application; requirements; temporary license; fee.

9-425.
Licenses; renewal; application; requirements; temporary license; fee.
(1) All licenses to conduct a lottery or raffle 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 thirty days prior to the starting date of the first lottery or raffle ticket sales for the biennial licensing period. The department may issue a temporary license prior to receiving all necessary information from the applicant.
(2) A license to conduct a lottery or raffle 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. A license to conduct a lottery or raffle issued to a nonprofit organization holding a certificate of exemption under section 501 of the Internal Revenue Code, other than a nonprofit organization holding a certificate of exemption under section 501(c)(3) or (c)(4) of the 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.
Source
Laws 1986, LB 1027, § 146;
Laws 1994, LB 694, § 105;
Laws 2000, LB 1086, § 17;
Laws 2002, LB 545, § 43;
Laws 2007, LB638, § 14.