Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 35 - CHARITABLE GAMING; ART. 6 COUNTY/CITY LOTTERY › BINGO › Section 316-35-223 - PRORATION AND REFUND OF LICENSE FEES

Current through June 17, 2024
223.01 The fees paid
				  pursuant to the Nebraska Bingo Act for any license issued to a manufacturer,
				  distributor, nonprofit organization, volunteer fire company or volunteer first
				  - aid, rescue, ambulance, or emergency squad, utilization of funds member,
				  gaming manager, or commercial lessor are due in full for the biennial licensing
				  period. A license fee may be prorated or refunded by the Department on an
				  annual basis under the following circumstances:
223.01A If a new application is received by
				  the Department for a license which will become effective on or after October 1
				  of the second year of the biennial licensing period, the applicable license fee
				  shall be one - half of the biennial fee.
223.01B If a new application is received by
				  the Department for a license which will become effective prior to October 1 of
				  the second year of the biennial licensing period, no proration of the license
				  fee shall be allowed.
223.01C No
				  license fee may be refunded for any portion of the licensing period in which a
				  license was not used unless otherwise authorized by the Department.
223.01D If an application to downgrade a
				  Class II license to a Class I license for the second year of the biennial
				  licensing period is received and approved by the Department prior to October 1
				  of the second year of the biennial licensing period, such license may be
				  downgraded; however, no portion of the Class II license fee shall be refunded
				  unless otherwise authorized by the Department.
223.01E In the event a license issued
				  pursuant to the Nebraska Bingo Act is suspended, cancelled, or revoked by the
				  Department, no portion of the license fee shall be refunded unless otherwise
				  authorized by the Department.
223.01F In the event a license application is
				  denied and a temporary license was issued to the applicant prior to the
				  effective date of the license application denial, one - half of the biennial
				  license fee paid by the applicant may be refunded, provided the effective date
				  of the license application denial is prior to October 1 of the second year of
				  the biennial licensing period. In the event a license application is denied and
				  a temporary license was not issued or a license application is withdrawn, the
				  license fees paid by the applicant may be refunded.
223.01F(1) In the case of a manufacturer or
				  distributor, the Department may apply the portion of any license fee to be
				  refunded to any amount owed by the licensee or applicant with respect to a
				  background investigation or facility inspection conducted by the Department.
223.01G Upon the death
				  of a person licensed as a utilization of funds member or gaming manager, or in
				  the event any such licensee becomes disabled in such a manner as to render him
				  or her unable to perform or fulfil his or her duties as a utilization of funds
				  member or gaming manager, a licensed organization may submit an application to
				  replace the utilization of funds member or gaming manager with a new individual
				  for the remainder of the licensing period for no additional fee. Any such
				  application shall be accompanied by the original utilization of funds member or
				  gaming manager license and a written statement signed by an officer of the
				  licensed organization explaining the circumstances under which the request for
				  replacement of the licensee is being made.