H. B. 3039

(By Delegate Michael)

(Originating in the Committee on Finance)

[March 3, 1999]






A BILL to amend and reenact sections two, three, seven, eleven, twelve-a, fifteen, sixteen and twenty-four of article twenty, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to further amend said article twenty by adding thereto a new section, designated section twenty-three-a; to amend and reenact sections two, three, four, eight, twelve, fifteen, sixteen and twenty-two, article twenty-one of the said chapter; and to further amend said article twenty-one by adding thereto a new section, designated as section twenty-one-a, all relating to charitable bingo and charitable raffles; defining the terms manager- operator and operator; changing the sixty day filing period for both bingo and raffle licenses to twenty days; amending two-year membership requirement as it pertains to individuals charged with the overall responsibility of conducting charitable bingo and raffle occasions and the workers involved therein; increasing the maximum allowable wages that may be paid to workers at charitable bingo and raffle occasions, and increasing the number of allowable paid workers for both bingo and raffle at super bingo occasions; permitting amnesty; setting forth limiting conditions and applicable time limits for amnesty; specifying allowable expenditures of net proceeds; correcting technical errors; requiring the use of bingo or raffle cash registers or a verifiable method of record keeping for charitable bingo and raffle licensees with gross proceeds in excess of one hundred twenty-five thousand dollars annually; requiring the filing of quarterly financial reports by raffle licensees; increasing the dollar amounts regarding exempt raffles; setting forth definitions; specifying content of annual and quarterly reports; increasing the gross proceeds amount that requires a compilation, review or audit by a certified or licensed accountant; increasing the prize amount that requires personal information of prize winners in financial reports; and increasing the amount of gross proceeds before a license is required.

Be it enacted by the Legislature of West Virginia
That sections two, three, seven, eleven, twelve-a, fifteen sixteen and twenty-four of article twenty, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that said article twenty be further amended by adding thereto a new section, designated section twenty-three-a; that sections two, three, four, eight, twelve, fifteen, sixteen, and twenty-two, article twenty-one of said chapter be amended and reenacted; and that said article twenty-one be further amended by adding thereto a new section, designated section twenty-one-a, all to read as follows:
ARTICLE 20. CHARITABLE BINGO.

§47-20-2. Definitions
.
For purposes of this article, unless specified otherwise:
(a) "Bingo" means the game wherein participants pay consideration for the use of one or more cards bearing several rows of numbers in which no two cards played in any one game contain the same sequence or pattern. When the game commences, numbers are selected by chance, one by one, and announced. The players cover or mark those numbers announced as they appear on the card or cards which they are using. The player who first announces that he or she has covered a predetermined sequence or pattern which had been preannounced for that game is, upon verification that he or she has covered the predetermined sequence or pattern, declared the winner of that game.
(b) "Bingo occasion" or "occasion" means a single gathering or session at which a series of one or more successive bingo games is conducted by a single licensee.
(c) "Charitable or public service activity or endeavor" means any bona fide activity or endeavor which directly benefits a number of people by:
(1) Assisting them to establish themselves in life as contributing members of society through education or religion; or
(2) Relieving them from disease, distress, suffering, constraint, or the effects of poverty;
(3) Increasing their comprehension of and devotion to the principles upon which this nation was founded and to the principles of good citizenship;
(4) Making them aware of or educating them about issues of public concern so long as the activity or endeavor is not aimed at influencing legislation or supporting or participating in the campaign of any candidate for public office;
(5) By lessening the burdens borne by government or voluntarily supporting, augmenting or supplementing services which government would normally render to the people;
(6) Providing or supporting nonprofit community activities for youth, senior citizens or the disabled; or
(7) Providing or supporting nonprofit cultural or artistic activities.
(d) "Charitable or public service organization" means a bona fide, not for profit, tax-exempt, benevolent, educational, philanthropic, humane, patriotic, civic, religious, fraternal, or eleemosynary incorporated or unincorporated association or organization; or a volunteer fire department, rescue unit or other similar volunteer community service organization or association; but does not include any nonprofit association or organization, whether incorporated or not, which is organized primarily for the purposes of influencing legislation or supporting or promoting the campaign of any candidate for public office.
For the purposes of this article, An organization or association is "tax-exempt" if it is, and includes, but is not limited to, those organizations or associations which has have received from the Internal Revenue Service a determination letter that is currently in effect stating that the organization is, exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), 501(c)(19) or 501(d) of the Internal Revenue Code.
(e) "Commissioner" means the state tax commissioner.
(f) "Concession" means any stand, booth, cart, counter or other facility, whether stationary or movable, where beverages, both alcoholic and nonalcoholic, food, snacks, cigarettes or other tobacco products, newspapers, souvenirs or any other items are sold to patrons by an individual operating the facility. Notwithstanding anything contained in subdivision (2), subsection (a), section twelve, article seven, chapter sixty of this code to the contrary, "concession" includes beverages which are regulated by and are subject to the provisions of chapter sixty of this code: Provided, That in no case may the sale or the consumption of alcoholic beverages or nonintoxicating beer be permitted in any area where bingo is conducted.
(g) "Conduct" means to direct the actual playing of a bingo game by activities including, but not limited to, handing out bingo cards, collecting fees, drawing the numbers, announcing the numbers, posting the numbers, verifying winners and awarding prizes.
(h) "Expend net proceeds for charitable or public service purposes" means to devote the net proceeds of a bingo occasion or occasions to a qualified recipient organization or as otherwise provided by this article and approved by the commissioner pursuant to section fifteen of this article and includes use of up to forty percent of the net proceeds for the operation and maintenance of the association or organization holding the license.
(i) "Gross proceeds" means all moneys collected or received from the conduct of bingo at all bingo occasions held by a licensee during a license period; this term shall not be considered to include any moneys collected or received from the sale of concessions at bingo occasions.
(j) "Joint bingo occasion" means a single gathering or session at which a series of one or more successive bingo games is conducted by two or more licensees.
(k) "Licensee" means any organization or association granted an annual, limited occasion or state fair bingo license pursuant to the provisions of this article.
(l) "Manager-operator" means and includes any individual who is charged with the overall responsibility for the licensee's charitable bingo operation. The responsibility includes, but is not limited to: (1) maintaining the fiscal integrity of the charitable bingo operation and proper maintenance and handling of all funds and revenues derived therefrom, of all accounts related thereto; (2) the timely filing of all required financial and operational reports; (3) obtaining required financial compilations, reviews or audits; (4) maintaining the integrity of the gaming process and fair gaming operations; (5) assuring the prompt payment of gaming prizes which have been legitimately won; (6) assuring that all gaming operations are free of fraud or misrepresentation; (7) scheduling bingo occasions; (8) supervising the bingo occasion; (9) supervising volunteer and paid workers at the bingo occasion; (10) supervising the preparation of charitable bingo daily report forms; and (11) any other managerial duties that may be performed in connection with the conduct of charitable bingo occasions.
(l)(m)"Net proceeds" means all moneys collected or received from all the conduct of bingo at bingo occasions held by a licensee during a license period after payment of expenses authorized by sections ten, thirteen, fifteen and twenty-two of this article, including use of up to forty percent of the net proceeds for the operation and maintenance of the association or organization holding the license;
(n) "Operator" means any individual, either volunteer or paid, who is responsible only for specific duties in connection with the actual conduct of bingo occasions.
(m)(o) "Person" means any individual, association, society, incorporated or unincorporated organization, firm, partnership or other nongovernmental entity or institution.
(n)(p) "Patron" means any individual who attends a bingo occasion other than an individual who is participating in the conduct of the occasion or in the operation of any concession, whether or not the individual is charged an entrance fee or plays any bingo games.
(o)(q)"Qualified recipient organization" means any bona fide, not for profit, tax-exempt, as defined in subdivision (d) of this section, incorporated or unincorporated association or organization which is organized and functions exclusively to directly benefit a number of people as provided in subparagraphs (1) through (7), subdivision (c) of this section. "Qualified recipient organization" includes without limitation any licensee which is organized and functions exclusively as provided in this subdivision.
(p)(r) "Venue" means the location in which bingo occasions are held.
§47-20-3. Who may hold bingo games; application for license; licenses not transferable.

Any charitable or public service organization which has been in existence in this state two years prior to filing an application for a bingo license issued pursuant to section four or five of this article may hold bingo occasions in accordance with the provisions of this article during the time it holds a valid license.
Application for a bingo license shall be made to the tax commissioner and shall be on a form which shall be supplied by him or her. The application shall contain the information required by section seven of this article and any other information which the commissioner considers necessary. An application shall be filed not less than sixty twenty days before the date when the applicant intends to hold its first bingo occasion. No bingo occasion may be held until an application filed in accordance with this article has been approved by the tax commissioner, and the bingo license has been received: Provided, That unless a license has been issued by the tax commissioner and received by the applicant, under no circumstances may a licensee organization an applicant conduct a bingo occasion before the sixty twenty day filing period between the filing of the application and date of the first bingo occasion has elapsed: Provided, however, That the date the application is received by the tax commissioner shall begin the sixty twenty day filing period. The tax commissioner shall send the applicant its license within five three days after approval of the bingo application. If the filing period has elapsed, and the application has not been denied by the tax commissioner, and the license has not been received by the applicant, the applicant may consider the application approved and begin to hold bingo occasions. The tax commissioner shall send a bingo license to the applicant within five days after the expiration of the filing period if the application has not been otherwise denied.
No bingo license issued pursuant to this article may be transferred.
§47-20-7. Information required in application.

An application for a bingo license shall include the following information:
(a) Name of the applicant and name and headquarter's address of any state or national organization of which it is a local branch or lodge;
(b) The address and telephone number of the applicant organization, if any. If the applicant organization has no telephone, then the address and telephone number of the person applying on behalf of such organization shall be supplied;
(c) For a limited occasion license, the names and addresses of two or more bona fide active members, supporters, volunteers or employees of the applicant organization who have been active members in good standing of the licensee organization or its authorized auxiliary organization or who have been meaningfully affiliated with the licensee organization for at least two years prior to the date of filing of the application for a charitable bingo license or the most recent filing of an application for renewal of the license and of the applicant organization who are charged with overall responsibility for the applicant's bingo operations, at least one of whom shall be present and function as a manager-operator for the applicant's bingo operations at all times bingo is conducted; and the names and addresses of the highest elected officer of the licensee and his officially appointed designee, one of whom shall be present at all times bingo is conducted; for an annual license, the names, addresses and telephone numbers of three or more bona fide active members supporters, volunteers or employees of the applicant organization who have been active members in good standing of the licensee organization or its authorized auxiliary organization or who have been meaningfully affiliated with the licensee organization for at least two years prior to the date of filing of the application for a charitable bingo license or the most recent filing of an application for renewal of the license and of the applicant organization who are charged with overall responsibility for the applicant's bingo operations, at least one of whom shall be present and function as a manager-operator for the applicant's bingo operations at all times bingo is conducted; and the names and addresses and telephone numbers of the highest elected officer of the licensee and his officially appointed designee designees, one of whom shall be present at all times bingo is conducted;
(d) The address or location of the premises where licensed bingo games are to be held;
(e) Information as may be required by the commissioner to satisfy him that the applicant meets the requirements of:
(1) Being a charitable or public service organization as required by this article; and
(2) Being in existence in this state two years prior to filing an application for a bingo license.
(f) The day or days of the week, and the time or times when the bingo occasions will be held;
(g) The name of the owner of the premises where the bingo occasions are to be held and a copy of all rental agreements involved if leased or subleased by the applicant from the owner or lessee;
(h) A statement as to whether the applicant has ever had a previous application for any bingo license refused, or whether any previous license has been revoked or suspended;
(i) A statement of the charitable or public service purpose or purposes for which the bingo proceeds will be expended;
(j) A statement or statements to the effect that the individuals specified in subdivision (c) of this section and the officers of the applicant understand:
(1) That it is a violation of this article to allow any persons other than those authorized by this article to conduct any part of the bingo games or concessions operated in conjunction therewith;
(2) That it is required to file the reports and keep the records as provided by this article; and
(3) That it is a crime to violate the provisions of this article and, in addition, that a violation may result in suspension or revocation of its license and denial of applications for subsequent licenses;
(k) A sworn statement by an authorized representative of the applicant that the information contained in the application is true to the best of his knowledge;
(l) A list and description of estimated expenses to be incurred in connection with the holding of the bingo occasions and any concessions operated and the name and address of each payee. If a concession is operated in accordance with the provisions of section thirteen of this article, a copy of any written agreement or an explanation of any oral agreement providing for any type of remuneration to be received by the concession operator shall be attached to the application;
(m) A list of the names and addresses of all officers and members of the board of directors, governors or trustees, if any, of the applicant organizations; and
(n) Any other necessary and reasonable information which the commissioner may require.
§47-20-11. Operator of bingo games and related concessions.
Except as provided in sections thirteen and twenty-two of this article, only persons, as defined in section two of this article, who are residents of this state and who are active members of the licensee organization or its authorized auxiliary organization and who have been active members in good standing of the licensee organization or its authorized auxiliary for at least two years prior to the date of filing of the application for a charitable bingo license or the most recent filing of an application for renewal of the license may participate in any manner in the conduct of any bingo game or operate any concession in conjunction with a bingo occasion: Provided, That notwithstanding anything contained in this article to the contrary, no individual under the age of eighteen years may directly or indirectly participate in the conduct of a bingo game except for junior firefighters, in accordance with the provisions of this article.
§47-20-12a. Compensation of bingo operator; number of employees.
(a) Within the guidelines set forth in subsections (b), (c) and (d) of this section, a licensee may pay a salary, the minimum of which shall be established at the federal minimum wage, and the maximum being six ten dollars and fifty cents per hour, to operators of bingo games who are active members of the licensee organization and who have been active members in good standing for at least two years prior to the date of filing of the application for a charitable bingo license or the most recent filing of an application for renewal of the license.
(b) If the licensee's gross receipts from bingo occasions equal or exceed one hundred thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than eight operators.
(c) If the licensee's gross receipts from bingo occasions are less than one hundred thousand dollars, but equal or exceed fifty thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than five operators.
(d) If the licensee's gross receipts from bingo occasions are less than fifty thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than three operators.
(e) If the licensee also possesses a super bingo license, it may pay a salary to not more than fifteen twenty-five operators during the super bingo occasion.
(f) In the case of a licensee lawfully holding a charitable bingo occasion simultaneously with a charitable raffle occasion, the number of paid charitable bingo operator employees allowed under this limitation for bingo licensees shall be in addition to the number of charitable raffle operator employees allowed under section fifteen, article twenty-one of this chapter. Licensees holding simultaneous occasions shall pay bingo operators from the proceeds of bingo operations and shall pay raffle operators from the proceeds of raffle operations, and the charitable bingo fund and the charitable raffle fund and payments from the funds shall not be commingled.
(g) For purposes of the limitations set forth in this section, the term "operator" or "bingo operator" or "raffle operator" shall not include concession stand workers. Wages paid to concession workers shall not exceed six ten dollars and fifty cents per hour.
§47-20-15. Payment of reasonable expenses from proceeds; net proceeds disbursement.
(a) The reasonable, necessary and actual expenses incurred in connection with the conduct of bingo occasions, not to exceed twenty-five percent of the gross proceeds collected during a license period, may be paid out of the gross proceeds of the conduct of bingo, including, but not limited to:
(1) Rent paid for the use of the premises: Provided, That a copy of the rental agreement was filed with the bingo license application and any changes to the rental agreement were filed within ten days of being made: Provided, however, That in no event may the rent paid for the use of any premises exceed the fair market value of rent for the premises;
(2) The cost of custodial services;
(3) The cost to the licensee organization for equipment and supplies used to conduct the bingo occasion;
(4) The cost to the licensee organization for advertising the bingo occasion;
(5) The cost of hiring security personnel, licensed pursuant to the provisions of article eighteen, chapter thirty of this code; and
(6) The cost of providing child care services to the raffle bingo patrons: Provided, That any proceeds received from the provision of child care services shall be handled the same as raffle bingo proceeds.
(b) The actual cost to the licensee for prizes, not to exceed the amounts as specified in section ten of this article, may be paid out of the gross proceeds of the conduct of bingo.
(c) The cost of any refreshments, souvenirs or any other item sold or otherwise provided through any concession to the patrons may not be paid for out of the gross proceeds from the bingo occasion. The licensee shall expend all net bingo proceeds and any interest earned on the proceeds for the charitable or public service purposes stated in the application within one year after the expiration of the license under which the bingo occasions were conducted. A licensee which does not qualify as a qualified recipient organization may apply to the commissioner at the time it applies for a bingo license or as provided in subsection (e) of this section for permission to apply any or all of its net proceeds to directly support a charitable or public service activity or endeavor which it sponsors.
(d) No gross proceeds from any bingo operation may be devoted or in any manner used by any licensee or qualified recipient organization for the construction or acquisition of real or personal property except that which is used exclusively for one or more charitable or public service purposes or as provided in subdivision (3), subsection (a) of this section, except as provided in subsection (e) of this section.
(e) Each licensee may expend up to forty percent of the net proceeds in order to maintain and operate the licensee association or organization, including, but not limited to, any costs associated with the acquisition, development, improvement, maintenance, construction and repair of any real property occupied by the licensee.
(e)(f) The tax commissioner has the authority to disapprove any contract for sale of goods or services to any charitable bingo licensee for use in or with relation to any charitable bingo operation or occasion, or any lease of real or tangible personal property to any charitable bingo licensee for use in or with relation to any charitable bingo operation or occasion, if the contract or lease is unreasonable or not representative of fair market value. Contracts or leases which are disapproved shall be considered to be in contravention of this article, and are void. Any attempt by any charitable bingo licensee to engage in transactions under the terms of any lease or contract that has been disapproved is grounds for revocation or suspension of the charitable bingo license and for refusal by the tax commissioner to renew the charitable bingo license.
(f)(g) If a property owner or lessee, including his or her agent, has entered into a rental contract to hold super bingo occasions on his or her premises, the premises shall be rented, for super bingo occasions, to not more than four super bingo licensees during any period of four consecutive calendar weeks: Provided, That each of the charitable or public service organizations desiring to hold a super bingo occasion must possess its own super bingo license. Subject to this limitation, the premises may be used for super bingo occasions during two consecutive days during a conventional weekend. For purposes of this subsection, the term "conventional weekend" means Saturday and Sunday: Provided, however, That the super bingo occasions may occur at the same facility no more often than alternating weekends during a calendar month.
(g)(h) Any licensee which, in good faith, finds itself unable to comply with the requirements of this provision shall apply to the commissioner for permission to expend its net proceeds for one or more charitable or public service purposes other than that stated in its license application or for permission to expend its net proceeds later than the one-year time period specified in this section. The application shall be on a form furnished by the commissioner and shall include the particulars of the requested changes and the reasons for the changes. The application shall be filed no later than sixty days before the end of the one-year period specified in this section. In the case of an application to extend the time in which the net proceeds are to be expended for a charitable or public service purpose, the licensee shall file such periodic reports with the commissioner as the commissioner directs until the proceeds are so expended.
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§47-20-16. Records; commissioner audit.

Any licensee which holds a bingo occasion as provided by this article shall maintain a separate checking account and separate bookkeeping procedure for its bingo operations. Money for expenses shall be withdrawn only by checks having preprinted consecutive numbers and made payable to a specific person, firm or corporation and at no time shall a check be made payable to cash. A licensee with gross proceeds in excess of one hundred twenty-five thousand dollars per year is required to utilize an electronic cash register specifically designed for bingo operations and to maintain detailed receipts therefrom as a part of their record-keeping process, or maintain an accurate record keeping system with sufficient detail so as to permit a paper-trail which is easily verifiable and which may be easily audited. A licensee shall maintain all records required by this article for at least three years and the records shall be open to the commissioner for reasonable inspection. Whenever the tax commissioner has reasonable cause to believe a licensee has violated any of the provisions of this article, he or she may perform or cause to be performed an audit of the licensee's books and records: Provided, That the tax commissioner shall perform or cause to be performed an audit of the books and records of any licensee that has awarded total prizes in excess of one hundred seventy-five thousand dollars. The tax commissioner shall file a copy of the completed audit with the county commission of the county wherein the licensee holds bingo occasions.
§47-20-23a. Amnesty; application; limiting conditions; time period.
The tax commissioner is authorized to establish an amnesty program for those licensees who committed violations of the provisions of this article solely in regard to unauthorized expenditures in relation to the determination of net proceeds which occurred prior to the first day of January, one thousand nine hundred ninety-nine. This program may be established by an emergency legislative rule promulgated pursuant to chapter twenty- nine-a of this code. Amnesty may be available to those licensees who voluntarily admit violations, as well as to those licensees who have been determined by the tax commissioner to have violated the provisions of this article or the conditions of their license: Provided, That said amnesty shall only apply to items not authorized as expenditures in determining net proceeds. Amnesty may be available for a time period beginning the first day of September, one thousand nine hundred ninety-nine and ending the thirty-first day of December, one thousand nine hundred ninety- nine.
§47-20-24. Filing of reports.
Each licensee holding an annual license or a super bingo license or both an annual license and a super bingo license shall file with the tax commissioner a quarterly and an annual financial report summarizing its bingo operations for the time period covered by the report: Provided, That the annual report and the last quarterly report shall be made in one report and contain a summary of all operations for the year. Each quarterly report shall be filed within twenty days after the end of the quarter which it covers. The annual report shall be filed within thirty days after the expiration of the license under which the operations covered by the report were held. The time period covered by the annual report is the full license year or, at the election of a licensee receiving state or federal funding, the most recently ended state or federal fiscal year.
Each licensee holding a limited occasion license or state fair license shall file with the tax commissioner a financial report summarizing its bingo operations for the license period within thirty days after the expiration of the license under which the operations covered by the report are held.
The report shall contain the name, address and social security number of any individual who receives, during the course of a bingo occasion, prizes, the aggregate value of which exceeds one six hundred dollars, and other information required by the commissioner: Provided, That any licensee failing to file the report when due is liable for a penalty of twenty-five dollars for each month or fraction of a month during which the failure continues, the penalty not to exceed one hundred dollars: Provided, however, That annual financial reports must contain either a compilation or review of the financial report by a certified or licensed public accountant, or may be audited by a certified or licensed public accountant, if a licensee's gross receipts exceed fifty five hundred thousand dollars.
ARTICLE 21. CHARITABLE RAFFLES.

§47-21-2. Definitions.

For purposes of this article, unless specified otherwise:
(a) "Charitable or public service activity or endeavor" means any bona fide activity or endeavor which directly benefits a number of people by:
(1) Contributing to educational or religious purposes; or
(2) Relieving them from disease, distress, suffering, constraint or the effects of poverty; or
(3) Increasing their comprehension of and devotion to the principles upon which this nation was founded and to the principles of good citizenship; or
(4) Making them aware of or educating them about issues of public concern so long as the activity or endeavor is not aimed at supporting or participating in the campaign of any candidate for public office; or
(5) By lessening the burdens borne by government or voluntarily supporting, augmenting or supplementing services which government would normally render to the people; or
(6) Providing or supporting nonprofit community activities for youth, senior citizens or the disabled; or
(7) Providing or supporting nonprofit cultural or artistic activities; or
(8) Providing or supporting any political party executive committee.
(b) "Charitable or public service organization" means a bona fide, not for profit, tax-exempt, benevolent, educational, philanthropic, humane, patriotic, civic, religious, fraternal or eleemosynary incorporated or unincorporated association or organization; or a volunteer fire department, rescue unit or other similar volunteer community service organization or association; but does not include any nonprofit association or organization, whether incorporated or not, which is organized primarily for the purposes of influencing legislation or supporting or promoting the campaign of any single candidate for public office.
(c) "Commissioner" means the state tax commissioner.
(d) "Concession" means any stand, booth, cart, counter or other facility, whether stationary or movable, where beverages, both alcoholic and nonalcoholic, food, snacks, cigarettes or other tobacco products, newspapers, souvenirs or any other items are sold to patrons by an individual operating the facility. Notwithstanding anything contained in subdivision (2), subsection (a), section twelve, article seven, chapter sixty of this code to the contrary, "concession" includes beverages which are regulated by and shall be subject to the provisions of chapter sixty of this code.
(e) "Conduct" means to direct the actual holding of a raffle by activities including, but not limited to, handing out tickets, collecting money, drawing the winning numbers or names, announcing the winning numbers or names, posting the winning numbers or names, verifying winners and awarding prizes.
(f) "Expend net proceeds for charitable or public service purposes" means to devote the net proceeds of a raffle occasion or occasions to a qualified recipient organization or as otherwise provided by this article and approved by the commissioner pursuant to section fifteen of this article and includes use of up to forty percent of the net proceeds of a raffle occasion or occasions for the operation and maintenance of the association holding the license.
(g) "Gross proceeds" means all moneys collected or received from the conduct of a raffle or raffles at all raffle occasions held by a licensee during a license period; this term shall not be deemed to include any moneys collected or received from the sale of concessions at raffle occasions.
(h) "Joint raffle occasion" means a single gathering or session at which a series of one or more successive raffles is conducted by two or more licensees.
(i) "Licensee" means any organization or association granted an annual or limited occasion license pursuant to the provisions of this article.
(j) "Manager-operator" means and includes any individual who is charged with the overall responsibility for the licensee's charitable raffle operation. The responsibility includes, but is not limited to: (1) maintaining the fiscal integrity of the charitable raffle operation and proper maintenance and handling of all funds and revenues derived therefrom, of all accounts related thereto; (2) the timely filing of all required financial and operational reports; (3) obtaining required financial compilations, reviews or audits; (4) maintaining the integrity of the gaming process and fair gaming operations; (5) assuring the prompt payment of gaming prizes which have been legitimately won; (6) assuring that all gaming operations are free of fraud or misrepresentation; (7) scheduling raffle occasions; (8) supervising the raffle occasion; (9) supervising volunteer and paid workers at the raffle occasion; (10) supervising the preparation of charitable raffle daily report forms; and (11) any other managerial duties that may be performed in connection with the conduct of charitable raffle occasions.
(j)(k) "Net proceeds" means all moneys collected or received from the conduct of raffle or raffles at occasions held by a licensee during a license period after payment of the raffle expenses authorized by sections eleven, thirteen and fifteen of this article, including use of up to forty percent of the net proceeds for the operation and maintenance of the association or organization holding the license; this term shall not be deemed to include moneys collected or received from the sale of concessions at raffle occasions.
(k)(l) "Operator" means any individual, either volunteer or paid, who is responsible only for specific duties in connection with the actual conduct of raffle occasions.
(l)(m) "Person" means any individual, association, society, incorporated or unincorporated organization, firm, partnership or other nongovernmental entity or institution.
(l)(n) "Patron" means any individual who attends a raffle occasion other than an individual who is participating in the conduct of the occasion or in the operation of any concession, whether or not the individual is charged an entrance fee or participates in any raffle.
(m)(o) "Qualified recipient organization" means any bona fide, not for profit, tax-exempt, as defined in subdivision (p)(r) of this section, incorporated or unincorporated association or organization which is organized and functions exclusively to directly benefit a number of people as provided in subparagraphs (1) through (7), subdivision (a) of this section. "Qualified recipient organization" includes, without limitation, any licensee which is organized and functions exclusively as provided in this subdivision.
(n)(p) "Raffle" means a game involving the selling or dispensing of tickets to participate in such game entitling the holder or holders to a chance on a prize or prizes.
(o)(q) "Raffle occasion" or "occasion" means a single gathering or session at which a series of one or more successive raffles is conducted by a single licensee.
(p)(r)"Tax-exempt association or organization" means includes, but is not limited to, an association or organization which is, and has received from the "Internal Revenue Service" a determination letter that is currently in effect stating that the organization is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), 501(c)(19) or 501(d) of the Internal Revenue Code of 1986, as amended; or is exempt from income taxes under subsection 527(a) of said code.
§47-21-3. Authorizing the conduct of certain raffles without a license.
Notwithstanding any other provisions of this article to the contrary, any charitable or public service organization which has been in existence in this state for at least one year is hereby authorized to conduct raffles without compliance with the licensing provisions of this article: Provided, That any prize awarded in any single raffle at a raffle occasion may not exceed in value the sum of one two thousand five hundred dollars: Provided, however, That the cumulative gross proceeds derived from the conduct of raffle occasions by any such charitable or public service organization shall may not exceed seven ten thousand five hundred dollars during any calendar year: Provided further, That any such organization shall not be subject to the record keeping provisions of section sixteen of this article but shall maintain a separate accounting for the operation of raffles. All records required by this section shall be maintained for at least three calendar years and shall be available for reasonable inspection by the commissioner.
§47-21-4. Who may hold raffles; application for license; licenses not transferable.
(a) Except as provided in section three of this article, only persons, as defined in section two of this article, who are residents of this state and who are active members of any charitable or public service organization which has been in existence in this state for at least two years prior to filing an application for a raffle license issued pursuant to section five or six of this article may hold raffle occasions in accordance with the provisions of this article during the time it holds a valid license.
(b) Application for a raffle license shall be made to the tax commissioner and shall be on a form supplied by him or her. The application shall contain the information required by section eight of this article and any other information which the commissioner considers necessary. No raffle may be held and no tickets may be sold pursuant to this article until the raffle application has been approved by the tax commissioner and the license has been received by the applicant: Provided, That unless a license has been issued by the tax commissioner and received by the applicant no raffle occasion may be held and no raffle tickets may be sold until a sixty twenty day filing period, which is that time period between the receipt of that application by the tax commissioner and the first raffle occasion, has expired: Provided, however, That the tax commissioner shall send the applicant its license within five days after the application is approved. If the sixty twenty day filing period has expired and the application has not been denied and the raffle license has not been received by the applicant, the applicant may consider the application approved and begin to sell tickets for the raffle or hold the raffle occasion. The tax commissioner shall send the applicant its license within five days after the expiration of the filing period if the application has not been otherwise denied.
(c) For purposes of this article, any application for an annual license or a limited occasion license received prior to the effective date of this article is considered filed on the effective date.
(d) No raffle license issued pursuant to this article may be transferred.
d.
§47-21-8. Information required in application.

An application for a raffle license shall include the following information:
(a) Name of the applicant and name and headquarter's address of any state or national organization of which the applicant is a local branch or lodge;
(b) The address and telephone number of the applicant organization, if any, and if the applicant organization has no telephone, then the address and telephone number of the person applying on behalf of such organization shall be supplied;
(c) For a limited occasion license, the names and addresses of two or more bona fide active members, supporters, volunteers or employees of the applicant organization who have been active members in good standing of the licensee organization or its authorized auxiliary organization or who have been meaningfully affiliated with the licensee organization for at least two years prior to the date of filing of the application for a charitable raffles license or the most recent filing of an application for renewal of the license and of the applicant organization who are charged with overall responsibility for the applicant's raffle operations, at least one of whom shall be present and function as a manager-operator when the winning numbers or names are drawn, announced, posted and verified and the prizes are awarded; and the names and addresses of the highest elected officer of the licensee and his officially appointed designee designees, one of whom shall be present when the winning numbers or names are drawn, announced, posted and verified and the prizes are awarded; for an annual license, the names, addresses and telephone numbers of three or more bona fide active members, supporter, volunteers or employees s of the applicant organization who are residents of this state and who have been active members in good standing of the licensee organization or its authorized auxiliary organization for at least two years prior to the date of filing the application for a charitable raffle license or the most recent filing of an application for renewal of the license and are charged with overall responsibility for the applicant's raffle operations, at least one of whom shall be present and function as a manager-operator when the winning numbers or names are drawn, announced, posted and verified and the prizes are awarded; and the names and addresses and telephone numbers of the highest elected officer of the licensee and his officially appointed designee, one of whom shall be present when the winning numbers and names are drawn, announced posted and verified and the prizes are awarded;
(d) The address or location of the premises where licensed raffles are to be held;
(e) Information as may be required by the commissioner to satisfy him that the applicant meets the requirements of:
(1) Being a charitable or public service organization as defined by this article; and
(2) Being in existence in this state for at least one year two years prior to filing an application for a raffle license.
(f) Designate the date or dates and the time or times when the raffle occasions will be held;
(g) The name of the owner of the premises where the raffle occasions are to be held and a copy of all rental agreements involved if such premises are leased or subleased by the applicant from the owner or lessee;
(h) State whether the applicant has ever had a previous application for any raffle license refused, or whether any previous raffle license has been revoked or suspended;
(i) State the charitable or public service purpose or purposes for which the raffle proceeds will be expended;
(j) Provide statements to the effect that the individuals specified in subdivision (c) of this section and the officers of the applicant understand:
(1) That it is a violation of this article to allow any persons other than those authorized by this article to conduct the raffle or concessions operated in conjunction therewith;
(2) That it is required to file the reports and keep the records as provided by this article; and
(3) That it is a crime to violate the provisions of this article and, that a violation of such provisions may result in suspension or revocation of the raffle license and denial of applications for subsequent raffle licenses;
(k) Provide a sworn statement by an authorized representative of the applicant that the information contained in the application is true to the best of his knowledge;
(l) Provide a list and description of estimated expenses to be incurred in connection with the holding of the raffle occasions and any concessions operated and the name and address of each payee. If a concession is operated in accordance with the provisions of section thirteen of this article, a copy of any written agreement or an explanation of any oral agreement providing for any type of remuneration to be received by the concession operator shall be attached to the application;
(m) A list of the names and addresses of all officers and members of the board of directors, governors or trustees, if any, of the applicant organizations; and
(n) Any other necessary and reasonable information which the commissioner may require.
§47-21-12. Compensation.
(a) A licensee may pay a salary, the minimum of which shall be established at the federal minimum wage, and the maximum which shall be six is ten dollars and fifty cents per hour, to operators of charitable raffle games who are active members of the licensee organization and who have been active members in good standing for at least two years prior to the date of filing of the application for a charitable raffle license or the most recent filing of an application for renewal of the license.
(b) If the licensee's gross receipts from raffle occasions equal or exceed one hundred thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than eight operators.
(c) If the licensee's gross receipts from charitable raffle occasions are less than one hundred thousand dollars, but equal or exceed fifty thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than five operators.
(d) If the licensee's gross receipts from charitable raffle occasions are less than fifty thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to no more than three operators.
(e) If the licensee also possesses a super bingo license, it may pay a salary to not more than twenty-five raffle operators during the super bingo occasion.
(e)(f) In the case of a licensee lawfully holding a charitable bingo occasion simultaneously with a charitable raffle occasion, the number of paid charitable raffle operator employees allowed under this limitation for charitable raffle licensees is in addition to the number of charitable bingo operator employees allowed under section twelve-a, article twenty of this chapter. Licensees holding simultaneous occasions shall pay bingo operators from the proceeds of bingo operations and shall pay raffle operators from the proceeds of raffle operations, and the charitable bingo fund and the charitable raffle fund and payments from the funds shall not be commingled.
(f)(g) For purposes of the limitations set forth in this section, the term "operator" or "bingo operator" or "raffle operator" shall not include concession stand workers. Wages paid to concession workers shall not exceed six ten dollars and fifty cents per hour.
§47-21-15. Payment of reasonable expenses from proceeds; net proceeds disbursement.
(a) The reasonable, necessary and actual expenses incurred in connection with the conduct of raffle occasions, not to exceed twenty-five percent of the gross proceeds collected during a license period, may be paid out of the gross proceeds of the conduct of raffle, including, but not limited to:
(1) Rent paid for the use of the premises: Provided, That a copy of the rental agreement was filed with the raffle license application with any modifications to the rental agreement to be filed within ten days of being made: Provided, however, That in no event may the rent paid for the use of any premises exceed the fair market value of rent for the premises;
(2) The cost of custodial services;
(3) The cost to the licensee organization for equipment and supplies used to conduct the raffle occasion;
(4) The cost to the licensee organization for advertising the raffle occasion;
(5) The cost of hiring security personnel, licensed pursuant to the provisions of article eighteen, chapter thirty of this code; and
(6) The cost of providing child care services to the raffle patrons: Provided, That any proceeds received from the provision of child care services shall be handled the same as raffle proceeds.
(b) The actual cost to the licensee for prizes, not to exceed the amounts as specified in section eleven of this article, may be paid out of the gross proceeds of the conduct of raffle.
(c) The cost of any refreshments, souvenirs or any other item sold or otherwise provided through any concession to the patrons may not be paid for out of the gross proceeds from the raffle occasion. The licensee shall expend all net raffle proceeds and any interest earned on the net raffle proceeds for the charitable or public service purposes stated in the application within one year after the expiration of the license under which the raffle occasions were conducted. A licensee which does not qualify as a qualified recipient organization may apply to the commissioner at the time it applies for a raffle license or as provided in subsection (e) of this section for permission to apply any or all of its net proceeds to directly support a charitable or public service activity or endeavor which it sponsors.
(d) No gross proceeds from any raffle operation may be devoted or in any manner used by any licensee or qualified recipient organization for the construction, acquisition, or improvement, of real or personal property except that which is used exclusively for one or more charitable or public service purposes or as provided in subdivision (3), subsection (a) of this section:, except as provided in subsection (e) of this section.
(e) Each licensee may expend up to forty percent of the net proceeds in order to maintain and operate the licensee association or organization, including, but not limited to, any costs associated with the acquisition, development, improvement, maintenance, construction and repair of any real property occupied by the licensee.
(e)(f)The tax commissioner has the authority to disapprove any contract for sale of goods or services to any charitable raffle licensee for use in or with relation to any charitable raffle operation or occasion, or any lease of real or tangible personal property to any charitable raffle licensee for use in or with relation to any charitable raffle operation or occasion, if the contract or lease is unreasonable or not representative of fair market value. Disapproved contracts or leases shall be considered to be in contravention of this article, and are void. Any attempt by any charitable raffle licensee to engage in transactions under the terms of any disapproved lease or contract is grounds for revocation or suspension of the charitable raffle license and for refusal by the tax commissioner to renew the charitable raffle license.
(f)(g) Any licensee which, in good faith, finds itself unable to comply with the requirements of the subsections (a) through (e) of this section shall apply to the commissioner for permission to expend its net proceeds for one or more charitable or public service purposes other than that stated in its license application or for permission to expend its net proceeds later than the one-year time period specified in this section. The application shall be on a form furnished by the commissioner and shall include the particulars of the requested changes and the reasons for the changes. The application shall be filed no later than sixty days before the end of the one-year period specified in this section. In the case of an application to extend the time in which the net proceeds are to be expended for a charitable or public service purpose, the licensee shall file such periodic reports with the commissioner as the commissioner directs until the proceeds are expended.
§47-21-16. Records; commissioner audit.

Any licensee which holds a raffle occasion as provided by this article shall maintain a separate account and separate bookkeeping procedure for its raffle operations. A licensee with annual gross proceeds in excess of one hundred fifty thousand dollars is required to utilize an electronic cash register specifically designed or programmed for raffle operations and to maintain detailed receipts therefrom as part of their record keeping process or maintain an accurate record keeping system with sufficient detail so as to permit a paper-trail which is easily verifiable and which may be easily audited. All records required by this article shall be maintained for at least three years and shall be open to the commissioner for reasonable inspection. Whenever the commissioner has reasonable cause to believe a licensee has violated any of the provisions of this article, he may perform or cause to be performed an audit of the licensee's books and records.
§47-21-21a. Amnesty; application; limiting conditions; time period.
The tax commissioner is authorized to establish an amnesty program for those licensees who committed violations of the provisions of this article solely in regard to unauthorized expenditures in relation to the determination of net proceeds which occurred prior to the first day of January, one thousand nine hundred ninety-nine. This program may be established by an emergency legislative rule promulgated pursuant to chapter twenty- nine-a of this code. Amnesty may be available to those licensees who voluntarily admit violations, as well as to those licensees who have been determined by the tax commissioner to have violated the provisions of this article or the conditions of their license: Provided, That said amnesty shall only apply to items not authorized as expenditures in determining net proceeds. Amnesty may be available for a time period beginning the first day of September, one thousand nine hundred ninety-nine and ending the thirty-first day of December, one thousand nine hundred ninety-nine.
§47-21-22. Filing of reports
.
Each licensee holding an annual license shall file with the tax commissioner a quarterly and an annual financial report summarizing its raffle operations for the time covered by the report. Each quarterly report and annual report must be filed within thirty days following the end of the quarter or year to which it applies: Provided, That the annual report and the last quarterly shall be made in one report and contain a summary of all operations for the year.
Each licensee holding an annual, a limited or state fair license shall file with the commissioner a financial report summarizing its raffle operations within thirty days after the expiration date of the license. The time period covered by an annual report is the full license year or, at the election of a licensee receiving state or federal funding, the most recently ended state or federal fiscal year.
The reports required by this section shall contain the name, address and social security number of any individual who received during the course of a raffle occasion prizes the aggregate value of which exceeded one six hundred dollars, and other information required by the commissioner: Provided, That any licensee failing to file the report when due is liable for a penalty of twenty-five dollars for each month or fraction of a month during which the failure continues, the penalty not to exceed one hundred dollars: Provided, however, That annual financial reports must contain either a compilation or review of such financial report by a certified or licensed public accountant, or may be audited by a certified or licensed public accountant, if a licensee's gross receipts exceed fifty five hundred thousand dollars.