2023 Tennessee Code › Title 3 - LEGISLATURE (§§ 3-1-101 — 3-18-111) › Chapter 17 - TENNESSEE NONPROFIT GAMING LAW (§§ 3-17-101 — 3-17-116) › Section 3-17-105 - Omnibus list

(a)
The secretary shall examine each annual event application submitted under this chapter for inclusion on the omnibus list. An annual event shall be included on the omnibus list if:
(1)
All annual event application filing requirements of §
3-17-104
are met;
(2)
The secretary determines that the nonprofit organization has been recognized by the internal revenue service as a tax exempt nonprofit organization and that such exemption is valid at the time of filing an annual event application;
(3)
The secretary determines that the organization is a nonprofit organization as defined in §
3-17-102
; and
(4)
The type of lottery game is authorized by this chapter and article XI, § 5 of the Constitution of Tennessee.
(b)
(1)
The secretary shall establish rules and regulations concerning the acceptance of amendments to annual event applications otherwise consistent with this chapter including, but not limited to, amendments concerning conflicting locations for an annual event.
(2)
Notwithstanding any law to the contrary, an organization may submit a request for a location or date change, regardless of whether such location or date is in actual conflict with another organization, to the secretary no later than twelve o'clock (12:00) noon central standard time (CST) on the fifteenth day of February each year.
(c)
The secretary shall include all qualified annual event applicants on an omnibus list to be transmitted to the general assembly pursuant to §
3-17-103(b)
.
(d)
(1)
Except as provided in subdivision (d)(2)(B), no extension of time shall be granted for submission, or completion, of an annual event application after the application deadline has passed for the appropriate annual event period.
(2)
(A)
Except as provided in subdivision (d)(2)(B), the secretary shall have no authority to accept, and shall not accept, an annual event application, or an amendment to an annual event application, submitted after the application deadline has passed for the appropriate annual event period as established pursuant to §
3-17-103(a)(1)
.
(B)
For annual event applications submitted by twelve o'clock (12:00) noon central standard time (CST) prior to January 31 each year, the secretary shall notify any organization that would not otherwise be included on the omnibus list of the reason, or reasons, why such organization would not be included. Such notification shall be made by February 15 each year. Any such organization may submit an amended annual event application to the secretary no later than February 25 each year. Any such annual event shall be included on the omnibus list if the amended annual event application complies with this chapter.
(e)
An annual event application may be permanently withdrawn prior to the date of transmission of the omnibus list to the general assembly; provided, that once withdrawn, the nonprofit organization may not resubmit an annual event application for the annual event period in which the previously submitted application was withdrawn.
(f)
If an annual event application is not included in the omnibus list, the secretary shall transmit notification to the applicant stating the basis for such non-inclusion by close of business on the last day of February.
(g)
An applicant whose application is not included in the omnibus list may request in writing that the secretary reconsider the determination; provided, that such written request is filed with the secretary within three (3) calendar days from the date of notification of non-inclusion required by §
3-17-105(f)
. The secretary shall reconsider such determination and issue a final decision within seven (7) calendar days of receipt of such written request for reconsideration.
Amended by 2016 Tenn. Acts, ch. 821, Secs.s 3, s 4, s 5eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 821, s 2, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 134, s 16, eff. 4/14/2015.
Amended by 2014 Tenn. Acts, ch. 699, Secs.s 15, s 16eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 699, s 14, eff. 7/1/2014.
Acts 2004, ch. 476, § 2; 2004, ch. 620, §§ 8, 9; 2004, ch. 890, §3; 2005, ch. 207, § 15; 2006, ch. 508, §7; 2009 , ch. 177, § 7.