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Current through Jan. 1, 2010 432.101. Short title Sec. 1. This act shall be known and may be cited as the "Traxler-McCauley-Law-Bowman bingo act". 432.102. Definitions As used in this Act Sec. 2. (1) (a) "Active service" and "active state service" mean those terms as defined in section 105 of the Michigan military act, 1967 PA 150, MCL 32.505. 432.103. Definitions Sec. 3. (1) As used in this act: 432.103a. Definitions Sec. 3a. (1) "Equipment " means the objects and mechanical or electromechanical devices used to determine or assist in determining the winners of prizes at events licensed under this act. 432.104. Application for licenses Sec. 4. (1) Each applicant for a license to conduct a bingo, millionaire party, raffle, charity game, or numeral game shall submit to the bureau a written application on a form prescribed by the commissioner. (a) The name and address of the applicant organization. 432.104a. Issuance of licenses by commissioner Sec. 4a. (1) Except as provided in subsections (2) and (3), if the commissioner determines that the applicant is a qualified organization and is not ineligible under section 18 and the applicant has paid to the bureau the appropriate fee, the commissioner may issue 1 or more of the following licenses: License Fee (a) Large bingo ............................150.00 (b) Small bingo ............................ 55.00 (c) Special bingo ......................... 25.00 (d) Millionaire party ...................... 50.00 per day (e) Large raffle ............................. 50.00 per drawing date (f) Small raffle: (i) One to 3 drawing dates ............ 15.00 (ii) Four or more drawing dates ....... 5.00 per drawing date (g) Annual charity game ............. 200.00 (h) Special charity game .............. 15.00 per day (i) Numeral game ......................... 15.00 per day (2) Under extreme hardship conditions as determined by the commissioner, the commissioner may waive 1 or more requirements of a qualified organization described in section 3 to permit the licensing of a special bingo, millionaire party, or raffle, if all of the following conditions are met: (a) The organization applying for the license is a nonprofit organization. (3) Under extreme hardship conditions as determined by the commissioner, the commissioner may allow an individual or a group of individuals to obtain a license to conduct a special bingo, millionaire party, or raffle if all of the following conditions are met: (a) The entire proceeds of the event, less the actual reasonable expense of conducting the event, are donated or used for a charitable purpose, organization, or cause. (4) Each event license issued to a qualified organization is valid for only the location included on the license. (5) A license is not assignable or transferable. (6) The licensee is responsible for ensuring that the events are conducted in compliance with this act and rules. (7) A licensee shall only conduct events licensed under this act during the hours and on the day and date or dates stated on the license. 432.105. Large or small bingo licenses Sec. 5. (1) A large or small bingo license may be reissued annually upon the submitting of an application for renewal provided by the commissioner and upon the licensee's payment of the appropriate fee. A small or large bingo license expires at 12 midnight on the last day of February. (2) A qualified organization may hold more than 1 bingo license. (3) A small or large bingo license shall be valid for not more than 1 day per week. (4) Not more than 14 bingo licenses shall be issued for a 7-day period at any 1 location. (5) A special bingo license may be issued for up to 7 consecutive days. (6) A qualified organization may be issued up to 4 special bingo licenses per calendar year. 432.105a. Recreational bingo without licenses Sec. 5a. Recreational bingo may be conducted by a senior citizens club, group, or home consisting of members who are 60 years of age or older without obtaining a license if all of the following conditions are met: (a) The bingo is conducted solely for the amusement and recreation of the members and guests of the senior citizens club, group, or home and not used for fund-raising. 432.105b. Licensed bingo games; seating of persons with disabilities Sec. 5b. (1) All laws applying to the seating of persons with disabilities apply at licensed bingo games. (2) A person may be chairperson for more than 1 bingo only if the additional bingo licenses, for which the person will act as chairperson, are granted to the same qualified organization. 432.105c. Progressive jackpot bingo game prizes or consolation prizes; limits on value Sec. 5c. (1) The value of a prize or consolation prize awarded during a Michigan progressive jackpot bingo game is not subject to the prize limitations of section 3a(3). (2) The prize awarded to the winner of a Michigan progressive jackpot bingo game may be a predetermined amount that shall not exceed $500.00 or 50% of the card sales on the first bingo occasion. (3) If a Michigan progressive jackpot prize is not won in the predetermined number of allowable calls, the game shall be played to its conclusion for a predetermined consolation prize that shall not exceed $100.00. (4) If a Michigan progressive jackpot prize is not won in the predetermined number of allowable calls, the entire prize amount shall be carried forward to the next scheduled bingo occasion. (5) When a Michigan progressive jackpot prize has been carried forward from a previous bingo occasion, the new prize amount shall include the entire amount carried forward, plus 50% of the card sales for the Michigan progressive jackpot bingo game for the current bingo occasion. (6) No arrangement of numbers other than a coverall pattern shall be required or allowed to win a Michigan progressive jackpot bingo game. (7) A Michigan progressive jackpot bingo game shall be played only on bingo cards that are approved by the commissioner. (8) All cards for the Michigan progressive jackpot bingo game shall be sold by the licensee at a uniform price with no discount for the purchase of more than 1 card. (9) Whenever a Michigan progressive jackpot bingo game is conducted, the licensee shall post a notice and announce the following information: (a) The maximum number of allowable calls in which the player must complete a coverall pattern in order to win a Michigan progressive jackpot prize on that occasion. (10) A Michigan progressive jackpot bingo game shall be conducted in the following manner: (a) On the first bingo occasion a player shall not be required to obtain bingo in less than the number of allowable calls as prescribed by the commissioner to win the jackpot prize. (i) Determining a winner of the Michigan progressive jackpot prize. (11) Only 1 Michigan progressive jackpot bingo game shall be in progress at 1 time per bingo occasion. (12) Prizes for a Michigan progressive jackpot bingo game shall be awarded as follows: (a) The Michigan progressive jackpot prize shall be awarded to the player or players who complete the coverall pattern within the predesignated number of allowable calls. (13) The jackpot prize shall be awarded by a check written from the licensee's financial account or in the manner prescribed by the commissioner. (14) Except as otherwise provided in this section, all other provisions of this act or rules promulgated under this act apply to the conduct of a Michigan progressive jackpot game. (15) If an organization's bingo license will expire or is suspended, revoked, or surrendered before the last bingo occasion of a particular progression, the jackpot prize shall be awarded and the winner determined on the last authorized bingo occasion regardless of the number of calls required to determine the winner. 432.105d. Small and large raffle licenses; application for licenses, limitations Sec. 5d. (1) A qualified organization may apply for an unlimited number of small and large raffle licenses. (2) Only 1 small raffle license may be issued for a location each day. (3) All drawing locations shall be the same if a small raffle license is issued for more than 1 date. (4) A qualified organization is excused from the requirements of obtaining a license under this act if the qualified organization is sponsoring a single gathering and conducts a raffle before which there is no presale of tickets and the total aggregate retail value of the prize or prizes to be awarded that day is $100.00 or less. 432.106. Contents and display of licenses Sec. 6. (1) Each event license shall contain the name of the licensee, the location at which the licensee is permitted to conduct the event, the day or days of the week or the dates on which the licensee is permitted to conduct the event, the time during which the event will be conducted, and the expiration date for a large or small bingo license or an annual charity game license. (2) The licensee shall display the license conspicuously at the location where the event is being conducted at all times during the conduct of the event. 432.107a. Charity games; tickets; advertising Sec. 7a. (1) All charity game tickets used in the conduct of a charity game shall be purchased by the qualified organization from the bureau or a supplier. (2) The bureau shall determine the number of charity game tickets that constitute a charity game. (3) The bureau shall determine the price at which the qualified organization shall resell each charity game ticket and shall have that price printed on each charity game ticket. (4) The bureau or a supplier shall sell charity game tickets to a qualified organization that is eligible to conduct a charity game at a percentage, to be determined by the bureau, of the gross revenues that are realized by the resale of all the charity game tickets for that game at the price established by the bureau. (5) The qualified organization shall retain 60% and the bureau shall retain 40% of the money obtained from the sale of charity game tickets. (6) A qualified organization that conducts a charity game shall be solely responsible for paying prizes won by purchasers of winning charity game tickets. (7) When all charity game tickets for a single charity game are resold, prizes distributed shall have an aggregate value of, as near as practicable, not less than 60% of the resale value of all the charity game tickets for that charity game. (8) The bureau shall determine the number of winning charity game tickets provided on a random basis for resale for any 1 charity game and shall establish the value of the prize won by each winning charity game ticket. (9) A charity game ticket shall not have a price for resale by a qualified organization of less than 30 cents. (10) The bureau shall have a bureau control number for identification purposes imprinted upon each charity game ticket. (11) A value of prizes awarded for a charity game shall not be included within the prize limitations of a licensed bingo game or millionaire party in conjunction with which the charity game is held. (12) A charity game ticket shall not be sold to a person under 18 years of age. This subsection shall not prohibit the purchase of a charity game ticket by a person 18 years of age or older for the purpose of making a gift to a person under 18 years of age, and shall not prohibit a person under 18 years of age from receiving a prize or prizes won in a charity game conducted pursuant to this act. 432.107b. Annual charity game licenses, issuance Sec. 7b. (1) The commissioner may issue an annual charity game license to a qualified organization for a location owned and operated by the qualified organization for the regular use of its members, or rented or leased on a continual basis for the regular use of its members. (2) A qualified organization may be issued only 1 annual charity game license per year. (3) An annual charity game license shall expire at 12 midnight on July 31 of each year. (4) An annual charity game license may be reissued annually if the qualified organization submits an application for renewal provided by the commissioner and pays the appropriate fee. (5) A qualified organization may be issued up to 8 special charity game licenses per calendar year. (6) A special charity game license may be issued for up to 4 consecutive days. (7) A qualified organization that is licensed to conduct bingo, a millionaire party, or large raffle may also sell charity game tickets and conduct a charity game at the same time and location and in conjunction with the licensed bingo, millionaire party, or large raffle without obtaining an additional license. (8) The commissioner shall promulgate rules for the licensing, selling, and playing of, and financial record keeping for, charity games. 432.107c. Numeral game licenses, issuance Sec. 7c. (1) A numeral game license may be issued to a qualified organization to conduct a numeral game at a specific location for up to 7 consecutive days. (2) A qualified organization that is licensed to conduct a millionaire party or a large raffle may also sell numeral game tickets and conduct a numeral game at the time and location and in conjunction with the event without obtaining an additional license. 432.107d. Numeral game tickets; purchases Sec. 7d. (1) All numeral game tickets used in the conduct of a numeral game shall be purchased by the qualified organization from a supplier. The logo or name of the manufacturer and the serial number must be visible before breaking the band on the ticket. (2) The value of merchandise prizes offered at a numeral game shall be a minimum of 50% of the ideal gross receipts from the game. For the purposes of this subsection, "ideal gross receipts" means the total amount of receipts that would be received if every individual ticket in a series is sold at face value. (3) Winning numbers for a numeral game shall be determined by use of a series of common ending numbers contained within the pool of numbers making up the numeral game. The winning numbers may not be determined randomly. (4) The prize list, associated winning numbers, the total number of tickets offered, and rules of play shall be posted before the numeral game is offered for sale or any tickets are opened. (5) A numeral game ticket shall not be sold to a person under 18 years of age. This subsection shall not prohibit the purchase of a numeral game ticket by a person 18 years of age or older for the purpose of making a gift to a person under 18 years of age, and shall not prohibit a person under 18 years of age from receiving a prize or prizes won in a numeral game conducted under this act. (6) The licensee shall have available for inspection by an authorized representative of the bureau a copy of the invoice from the supplier showing the manufacturer's name and serial number for each numeral game being conducted at the site where the numeral game is being conducted. 432.108. Fee proceeds, disposition; expenses Sec. 8. All fees and revenue collected by the commissioner or bureau under this act shall be paid into the state lottery fund. All necessary expenses incurred by the bureau in the administration and enforcement of any activity authorized by this act and in the initiation, implementation, and ongoing operation of any activity authorized by this act shall be financed from the state lottery fund. The amount of these necessary expenses shall not exceed the amount of revenues received from the sale of charity game tickets and all fees collected under this act. At the end of each fiscal year all money, including interest, in the state lottery fund which is attributable to fees and revenue collected under this act but which has not been expended under this section shall be deposited in the state general fund. 432.109. Proceeds of events; bona fide expenses Sec. 9. 432.110. Management of events Sec. 10. (1) Only a member of the qualified organization shall participate in the management of an event. (2) A person shall not receive any commission, salary, pay, profit, or wage for participating in the management or operation of bingo, a millionaire party, a raffle, or a charity game except as provided by rule promulgated under this act. (3) Except by special permission of the commissioner, a licensee shall conduct bingo or a millionaire party only with equipment that it owns, uses under a bureau-approved rental contract, or is purchasing or renting at a reasonable rate from a supplier. (4) A licensee shall not advertise bingo except to the extent and in the manner permitted by rule promulgated under this act. If the commissioner permits a licensee to advertise bingo, the licensee shall indicate in the advertisement the purposes for which the net proceeds will be used by the licensee. (5) The holder of a millionaire party license shall not advertise the event, except to the extent and in the manner permitted by rule promulgated under this act. If the commissioner permits a licensee to advertise the event, the licensee shall indicate in the advertising the purposes for which the net proceeds will be used by the licensee. 432.110a. Millionaire parties; requirements Sec. 10a. All of the following apply in the conduct of a millionaire party: 432.110b. Millionaire party licenses, issuance Sec. 10b. (1) A qualified organization may be issued up to 4 millionaire party licenses in 1 calendar year. Each license shall only be valid for 1 location. (2) A millionaire party license may be issued for up to 4 consecutive days. (3) The bureau shall not issue more than 1 millionaire party license to a qualified organization for any 1 day. 432.111. Taxation of prize Sec. 11. State or local taxes of any kind shall not be imposed upon the recipient of a prize, whether merchandise or money, awarded by a licensee during an event conducted in conformity with this act. 432.111a. Bingo hall licenses, application Sec. 11a. (1) Each applicant for a license or renewal of a license to operate a bingo hall under this act shall submit a written application to the bureau on a form prescribed by rule promulgated under this act. (2) If the commissioner determines that an applicant is eligible and the applicant pays an appropriate fee, the bureau may issue a bingo hall license to operate a facility that will be rented to bingo licensees. (3) A bingo hall license expires at 12 midnight on the last day of February, or if the applicant does not own the facility, on the expiration date of their lease or rental agreement if that date is prior to the last day of February of the current licensing period. (4) The annual bingo hall licensing fee is $50.00 multiplied by the number of large or small bingo occasions that will be conducted during the 7-day week. (5) To increase the number of large or small bingo occasions conducted under a bingo hall licensee's original or renewal application, a hall licensee shall submit a written request on a form provided by the commissioner, plus an additional $50.00 for each large or small bingo occasion that will be conducted during the 7-day week that is in addition to the number of those occasions calculated under subsection (4). 432.111b. Supplier's licenses, application Sec. 11b. (1) Each applicant for a license or renewal of a license to operate as a supplier of equipment, charity game tickets, or numeral game tickets to qualified organizations licensed under this act shall submit a written application to the bureau on a form prescribed by the commissioner. (2) The applicant shall pay an annual license fee of $300.00 at the time of the application. (3) A supplier's license expires at 12 midnight on September 30 of each year. (4) The commissioner shall require suppliers authorized to sell charity game tickets, numeral game tickets, or both, to post a performance bond of not less than $50,000.00 and not greater than $1,000,000.00. (5) A supplier shall remit to the bureau an amount equal to the qualified organization's purchase price of the charity game tickets less an amount that shall not be less than the sum of $.008 for each ticket sold plus 1.0% of the total resale value for all charity game tickets sold. (6) For each numeral game sold, the supplier shall issue to the licensed organization an invoice listing the manufacturer and serial number of each game. (7) The fee collected by a supplier from the qualified organization for each game of numeral tickets sold shall be $5.00 per 1,000 tickets or any portion of 1,000 tickets. (8) The fees collected by the supplier for each numeral game sold shall be remitted to the bureau by the fifteenth day of the month following the month in which the numeral game is sold. A late fee of 25% of the amount due may be assessed by the commissioner against any supplier who fails to remit the fees by the required filing date. (9) A supplier shall only display, offer for sale, sell, or otherwise make available to a qualified organization numeral game tickets that have been obtained from a manufacturer. (10) A person who is directly or indirectly connected to the sale, rental, or distribution of bingo or millionaire party equipment, or the sale of charity game tickets or numeral game tickets, or a person residing in the same household as the supplier shall not be involved directly or indirectly with the rental or leasing of a facility used for an event. (11) A supplier shall submit to the bureau a report as required by the commissioner regarding the sale or rental of equipment and the sale of charity game tickets and numeral game tickets. 432.111c. Manufacturer's licenses, application Sec. 11c. (1) Each applicant for a license or renewal of a license to act as a manufacturer shall submit to the bureau a written application on a form prescribed by the commissioner. (2) The annual license fee shall be $300.00. (3) The license expires at 12 midnight on June 30 of each year. (4) Only numeral games and numeral game tickets approved by the commissioner may be distributed to suppliers within this state. (5) All records supporting the sale of numeral game tickets to suppliers shall be available upon request to an authorized representative of the bureau for inspection or audit and shall be kept by the manufacturer for not less than the calendar year in which the sale is made plus 3 additional years. (6) Each manufacturer shall submit to the bureau a report as required by the commissioner regarding the sale of numeral tickets to suppliers. 432.112. Enforcement and supervision of administration of act Sec. 12. The bureau shall enforce and supervise the administration of this act. The commissioner shall employ personnel as necessary to implement this act. 432.113. Promulgation of rules Sec. 13. The commissioner shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement this act. 432.114. Records and financial accounts; financial statements Sec. 14. (1) Each licensee shall keep a record of each event as required by the commissioner. The record and all financial accounts into which proceeds from events licensed under this act are deposited or transferred shall be open to inspection by a duly authorized representative of the bureau during reasonable business hours. (2) Each licensee shall file with the commissioner a financial statement signed by the principal officer of the qualified organization of receipts and expenses related to the conduct of each event as may be required by rule promulgated under this act. If the revenue from a bingo game, millionaire party, raffle, numeral game, or charity game is represented to be used or applied by a licensee for a charitable purpose, the licensee shall file a copy of the financial statement with the attorney general under the supervision of trustees for charitable purposes act, 1961 PA 101, MCL 14.251 to 14.266. (3) The location at which events licensed under this act are conducted or at which an applicant or licensee intends to conduct an event licensed under this act shall be open to inspection at all times by a duly authorized representative of the bureau or by the state police or a peace officer of a political subdivision of this state. 432.115. Annual report by commissioner contents Sec. 15. Annually the commissioner shall report to the governor and the legislature about the operation of events licensed under this act within this state, abuses that the bureau may have encountered, and recommendations for changes in this act. 432.116. Suspension or revocation of licenses, grounds, procedure; subpoenas, issuance, contempt Sec. 16. (1) The commissioner may deny, suspend, summarily suspend, or revoke any license issued under this act if the licensee or an officer, director, agent, member, or employee of the licensee violates this act or rule promulgated under this act. The commissioner may summarily suspend a license for a period of not more than 60 days pending prosecution, investigation, or public hearing. (2) A proceeding to suspend or revoke a license shall be considered a contested case and shall be governed by the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (3) Upon petition of the commissioner, the circuit court after a hearing may issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence before it in a matter over which it has jurisdiction, control, or supervision. If a person subpoenaed to attend in any such proceeding or hearing fails to obey the command of the subpoena without reasonable cause, or if a person in attendance in any such proceeding or hearing refuses, without lawful cause, to be examined or to answer a legal or pertinent question or to exhibit a book, account, record, or other document when ordered to do so by the court, that person may be punished as a contempt of the court. (4) With approval of the commissioner, a hall licensee, in lieu of a suspension of its license, may elect to pay a fine equal to the amount of rent that would have been paid by the bingo licensees during the period of the suspension. This fine shall be paid to the bureau on or before the date agreed to in the suspension agreement entered into by the bureau and the hall licensee. 432.117. Violations; penalties Sec. 17. A person who willfully violates this act is guilty of a misdemeanor and shall be fined not more than $1,000.00 or imprisoned not more than 6 months or both. 432.118. Revocation of licenses, issuance or reissuance Sec. 18. (1) A licensee whose license is revoked in consequence of a violation of this act or a rule promulgated under this act is ineligible to apply for a license for a period of 2 years. (2) A person convicted of an offense under section 17 or any other gambling offense is ineligible to serve as an officer of a licensee or to participate in conducting bingo, a millionaire party, raffle, numeral game, or charity game for a period of 1 year after the conviction becomes final. If the person is licensed under this act, the person shall forfeit the license and is ineligible to apply for the issuance or reissuance of the license for a period of 1 year after the conviction becomes final. 432.119. Applicability of other laws, penalties or disabilities Sec. 19. (1) Except as provided in subsection (2), any other law providing a penalty or disability upon a person who conducts or participates in a bingo game, millionaire party, or charity game; who sells or possesses equipment used in conducting bingo or a millionaire party; who permits bingo, a millionaire party, or a charity game to be conducted on his or her premises; or who does other acts in connection with bingo, a millionaire party, or a charity game does not apply to that conduct if done pursuant to this act or rules promulgated under this act. (2) Subsection (1) does not limit in any way the application of the Michigan campaign finance act, Act No. 388 of the Public Acts of 1976, being sections 169.201 to 169.282 of the Michigan Compiled Laws, including but not limited to section 41 of Act No. 388 of the Public Acts of 1976, being section 169.241 of the Michigan Compiled Laws, to fundraising events conducted by or for the benefit of a committee that has filed or is required to file a statement of organization pursuant to Act No. 388 of the Public Acts of 1976. 432.120. Effective and operative dates Sec. 20. This act shall take effect April 1, 1973, for purposes of administration and licensing but bingo shall not be conducted lawfully pursuant to this act until June 30, 1973. |
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