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SECOND REGULAR SESSION
HOUSE BILL NO. 2766
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE KNIGHT .
4374H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 313.005, 313.055, and 313.057, RSMo, and to enact in lieu thereof two
new sections relating to the sale of bingo cards.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 313.005, 313.055, and 313.057, RSMo, are repealed and two new
2 sections enacted in lieu thereof, to be known as sections 313.005 and 313.057, to read as
3 follows:
313.005. As used in sections 313.005 to 313.080, the following terms shall mean:
2 (1) "Bingo", a game in which each participant receives one or more cards, including,
3 but not limited to, pull-tab cards, marked of f into twenty-five squares arranged on five
4 horizontal rows of five squares each; or , one or more cards marked of f into twenty-five
5 squares arranged on five horizontal rows of five squares each which are not pull-tab cards
6 and, in addition thereto, one or more pull-tab cards. Each square is designated by number ,
7 letter or by a combination of numbers and letters, except that the center square on the card
8 shall be designated with the word "free". No two cards shall be identical. As the announcer
9 of the game announces a number , letter or a combination of numbers and letters, each player
10 covers the square corresponding to the announced number , letter or combination by marking
11 such card in ink. The numbers, letters or combination of numbers and letters which are
12 announced shall appear on an object selected by chance, either manually or mechanically ,
13 from a receptacle containing the objects bearing numbers, letters or combinations of numbers
14 and letters. The winner of each game shall be the player or players who are first to properly
15 cover a predetermined and announced pattern of squares upon the card or cards used by such
16 player or players. A prize or prizes may be awarded to the winner or winners of a game;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (2) "Bingo card", an individual game face marked of f into twenty-five squares
18 arranged on five horizontal rows of five squares each, one or more of which may be contained
19 on a bingo sheet;
20 (3) "Bingo card monitoring device", a technology aid which allows a bingo player to
21 enter bingo numbers as they are announced at a bingo occasion and which marks or otherwise
22 conceals those numbers on bingo cards which are electronically stored in and displayed on the
23 device. A bingo card monitoring device shall not include any device into which currency ,
24 coin, tokens, or electronic funds transfer may be inserted or from which currency , coin,
25 tokens, or any receipt for monetary value can be dispensed or which, once provided to a bingo
26 player , is capable of communicating with any other bingo card monitoring device or any other
27 form of electronic device or computer . A bingo card monitoring device shall only be
28 permitted to monitor bingo games and not used for any games or themes;
29 (4) "Bingo equipment", all paraphernalia used to conduct a bingo game including
30 selection equipment, number display boards, and bingo cards and faces and other such related
31 equipment as may be defined by the rules and regulations of the commission. This definition
32 does not include audio or video equipment which plays no part in the conduct of the game
33 other than communicating the progress of the game or items used to mark numbers on the
34 cards;
35 (5) "Bingo sheet", a disposable piece of paper containing one or more bingo cards;
36 (6) "Charitable org anization", any or ganization which is or ganized and operated for
37 the relief of poverty , distress, or other condition of public concern within this state or
38 or ganized for financially supporting the activities of a charitable or ganization as hereinbefore
39 defined. In order to qualify as a charitable or ganization, no part of the net earnings of the
40 or ganization may inure to the benefit of any private shareholder or individual member of the
41 or ganization. Charitable or ganizations must have obtained an exemption from the payment of
42 federal income taxes as provided in Section 501(c)(3) of the Internal Revenue Code of 1954,
43 as amended;
44 (7) "Commission", the Missouri gaming commission;
45 (8) "Director", the director or other person in char ge of the regulation of the game of
46 bingo, as designated by the Missouri gaming commission;
47 (9) "Fraternal or ganization", any or ganization within this state operating under the
48 lodge system which exists for the common benefit, brotherhood or other interest of its
49 members except college fraternities and sororities and of which no part of the net earnings
50 inures to the benefit of any private shareholder or any individual member of such or ganization
51 and which has been exempted from the payment of federal income tax as provided in Section
52 501(c)(5), 501(c)(8), or 501(c)(10) Internal Revenue Code of 1954, as amended;
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53 (10) "Hall provider", a person or business entity which leases premises in which
54 bingo games are conducted;
55 (1 1) "Key person", an individual who is:
56 (a) An officer , dir ector , trustee, pr oprietor , managing agent, or general manager
57 of an applicant or licensee or of a business entity key person of any applicant or licensee;
58 (b) A holder of any dir ect or indirect legal or beneficial publicly traded inter est
59 whose combined dir ect, indirect , or attributed publicly traded interes t is five per cent or
60 mor e in an applicant or licensee or in a business entity key person of an applicant or
61 licensee;
62 (c) A holder of any dir ect or indirect legal or beneficial privately held interes t
63 whose combined dir ect, indirect , or attributed privately held inter est is one percen t or
64 mor e in an applicant or licensee or in a business entity key person of an applicant or
65 licensee;
66 (d) A holder of any dir ect or indirect legal or beneficial inter est in an applicant
67 or licensee or in a business entity key person of an applicant or licensee if the interes t
68 was requ ired to be issued under agre ement with or authority of a government entity;
69 (e) An owner of an excursion gambling boat; or
70 (f) Anyone so designated by the commission or dir ector;
71 (12) "Pull-tab card", any disposable card or ticket which accords a person an
72 opportunity to win something of value by opening, pulling, detaching, or otherwise removing
73 tabs from the card or ticket to reveal a set of numbers, letters, symbols, or configurations, or
74 any combination thereof. The term "pull-tab card" shall include any card known as a pickle
75 ticket, pickle, break-open, or pull-tab card;
76 [ (12) ] (13) "Religious or ganization", any or ganization, church, body of
7 7 communicants, or group, gathered in common membership for mutual support and
78 edification in piety , worship and religious observances. Such an or ganization may be a
79 society of individuals united for religious purposes at a definite place. In order to qualify as a
80 religious or ganization, no part of the net earnings of the org anization may inure to the benefit
81 of any private shareholder or any individual member of such or ganization. Religious
82 or ganizations shall maintain an established place of worship within this state and shall have a
83 regular schedule of services or meetings at least on a weekly basis. Religious or ganizations
84 must have obtained an exemption from the payment of federal income taxes as provided by
85 Section 501(c)(3) or Section 501(d) of the Internal Revenue Code of 1954, as amended;
86 [ (13) ] (14) "Service or ganization", any or ganization commonly known as a civic club
87 or county fair or other or ganization if such or ganization is a religious, charitable, fraternal,
88 veteran or service or ganization as described in Article III, Section 39(a) of the Missouri
89 Constitution and of which no part of the net earnings inures to the benefit of any private
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90 shareholder or individual member of such or ganization. Service or ganizations must have
91 obtained an exemption from the payment of federal income taxes as provided in Section 501
92 (c)(4), 501(c)(5) or 501(c)(7) of the Internal Revenue Code of 1954, as amended;
93 [ (14) ] (15) "Supplier", a person or business entity that sells, markets or otherwise
94 provides bingo equipment or supplies to any bona fide religious, charitable, fraternal, veteran
95 or service or ganization;
96 [ (15) ] (16) "V eterans' or ganization", a post or or ganization of veterans, or an auxiliary
97 unit or society of, or a trust or foundation for , any such post or or ganization:
98 (a) Or ganized in the United States or any of its possessions;
99 (b) In which at least seventy-five percent of the members of which are war veterans
100 and substantially all of the other members of which are individuals who are veterans (but not
101 war veterans) or are cadets, or are spouses, widows or widowers of war veterans of such
102 individuals; and
103 (c) In which no part of the net earnings of which inures to the benefit of any private
104 shareholder or individual and which has been exempted from payment of federal income
105 taxes as provided by Section 501(c)(19) of the Internal Revenue Code of 1954, as amended.
313.057. 1. It is unlawful for any person, either as an owner , lessee or employee, to
2 operate, carry on, conduct or maintain any form of manufacturing, selling, leasing or
3 distribution of any bingo equipment or supplies without having first procured and maintained
4 a Missouri bingo equipment and supplies manufacturer or supplier license.
5 2. The commission shall submit two sets of fingerprints for each key person, as
6 defined [ in commission rules and regulations ] under section 313.005 , of an entity or
7 or ganization seeking issuance or renewal of a Missouri bingo equipment and supplies
8 manufacturer or supplier license, for the purpose of checking the person's prior criminal
9 history when the commission determines a nationwide check is warranted. The fingerprint
10 cards and any required fees shall be sent to the Missouri state highway patrol's criminal
11 records division. The first set of fingerprints shall be used for searching the state repository
12 of criminal history information. The second set of fingerprints shall be forwarded to the
13 Federal Bureau of Investigation, Identification Division, for the searching of the federal
14 criminal history files. The patrol shall notify the commission of any criminal history
15 information or lack of criminal history information discovered on the individual.
1 6 Notwithstanding the provisions of section 610.120, all records related to any criminal
17 history information discovered shall be accessible and available to the commission.
18 3. The holder of a state bingo license may , within two years of cessation of
19 conducting bingo or upon specific approval by the commission, dispose of by sale in a
20 manner approved by the commission, any or all of his bingo equipment and supplies, without
21 a supplier's license. In case of foreclosure of a lien by a bank or other person holding a
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22 security interest for which bingo equipment is security in whole or in part for the lien, the
23 commission may authorize the disposition of the bingo equipment without requiring a
24 supplier's license.
25 4. Any person whom the commission determines to be a suitable person to receive a
26 license pursuant to the provisions of this section may be issued a manufacturer's or supplier's
27 license. The commission may require suppliers to post a bond with the commission in an
28 amount and in the manner prescribed by the commission. The burden of proving his
29 qualification to receive or hold a license pursuant to this section is at all times on the applicant
30 or licensee.
31 5. The commission shall char ge and collect from each applicant for a supplier's
32 license a one-time application fee set by the commission, not to exceed five thousand dollars.
33 The commission shall char ge and collect an annual renewal fee for each supplier licensee not
34 to exceed one thousand dollars. The applicant shall be responsible for the total cost of the
35 criminal history investigation. If the cost of the investigation exceeds the total amount of fees
36 filed by the applicant in this subsection, the commission may assess additional fees as it
37 deems appropriate.
38 6. The commission shall char ge and collect from each applicant for a manufacturer's
39 license a one-time application fee set by the commission, not to exceed five thousand dollars.
40 The commission shall char ge and collect an annual renewal fee for each manufacturer
41 licensee not to exceed one thousand dollars. The applicant shall be responsible for the total
42 cost of the criminal history investigation. If the cost of the investigation exceeds the total
43 amount of fees filed by the applicant in this subsection, the commission may assess additional
44 fees as it deems appropriate.
45 7. The commission shall char ge and collect from each applicant for a hall provider's
46 license a one-time application fee set by the commission, not to exceed seven hundred fifty
47 dollars. The commission shall char ge and collect an annual renewal fee for each hall provider
48 licensee not to exceed five hundred dollars.
49 8. All licenses issued pursuant to this section shall be issued for the calendar year and
50 shall expire on December thirty-first of each year . Regardless of the date of application or
51 issuance of the license, the fee to be char ged and collected pursuant to this section shall be the
52 full annual fee.
53 9. All license fees collected pursuant to this section shall be paid over immediately to
54 the state treasurer to be deposited to the credit of the gaming commission fund.
55 10. All licensees pursuant to this section shall maintain for a period of not less than
56 three years full and complete records of all business carried on in this state and shall make
57 same available for inspection to any duly authorized representative of the commission. If a
58 supplier does not receive payment in full from an or ganization within thirty days of the
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59 delivery of bingo supplies, the supplier shall notify the commission in writing, or in a manner
60 specified by the commission in its rules and regulations, of the delinquency . Upon receipt of
61 the notice of delinquency , the commission shall notify all suppliers that until further notice
62 from the commission, all sales of bingo supplies to the delinquent org anizations shall be on a
63 cash-only basis. Upon receipt of the notice from the commission, no supplier may extend
64 credit to the delinquent or ganization until such time as the commission approves credit sales.
65 If a manufacturer does not receive payment in full from a supplier within ninety days of the
66 delivery of bingo supplies, the manufacturer shall notify the commission in writing, or in a
67 manner specified by the commission in its rules and regulations, of the delinquency . Upon
68 receipt of the notice of delinquency , the commission shall notify all manufacturers that until
69 further notice from the commission, all sales of bingo supplies to the delinquent supplier shall
70 be on a cash-only basis. Upon receipt of the notice from the commission, no manufacturer
71 may extend credit to the delinquent supplier until such time as the commission approves
72 credit sales.
73 1 1. [ Until January 1, 1995, all suppliers shall pay a tax on all pull-tab cards
74 distributed by them in the amount of ten dollars per box when sold by any or ganization
75 licensed to conduct bingo pursuant to the provisions of sections 313.005 to 313.080 . No box
76 sold shall contain more than twenty-four hundred pull-tab cards. Beginning January 1, 1995,
77 a tax is hereby imposed in the amount of two percent of the gross receipts of the retail sales
78 value char ged for each pull-tab card sold in Missouri to be paid by the supplier . The taxes,
79 less two percent of the total amount paid which may be retained by the supplier , if timely filed
80 and paid, shall be paid on a monthly basis to the commission by each supplier of pull-tabs and
81 shall be due on the last day of each month following the month in which the pull-tabs were
82 sold. The taxes shall be deposited in the state treasury , credited to the bingo proceeds for
83 education fund. ] All pull-tab cards sold by suppliers in this state shall bear on the face thereof
84 the amount for which such pull-tab cards will be sold. Each unit container shall contain cards
85 printed in such a manner as to ensure that at least sixty percent of the gross revenues
86 generated by the ultimate sale of such cards shall be returned to the final purchasers of such
87 cards. [ Any supplier who fails to pay the tax imposed pursuant to this subsection shall have
88 his license issued pursuant to this section revoked and shall be guilty of a class A
89 misdemeanor . ]
[ 313.055. 1. A tax is hereby imposed on each or ganization conducting
2 the game of bingo which awards to winners of bingo games prizes or
3 merchandise having an aggregate retail value of more than five thousand
4 dollars annually and more than one hundred dollars in any single day . The tax
5 shall be in the amount of two-tenths of one cent upon each bingo card and
6 progressive bingo game card sold in Missouri to be paid by the supplier . The
7 taxes, less two percent of the total amount paid which may be retained by the
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8 supplier , shall be paid on a monthly basis to the commission, by each supplier
9 of bingo supplies and shall be due on the last day of the month following the
10 month in which the bingo card was sold, with the date of sale being the date on
11 the invoice evidencing the sale, along with such reports as may be required by
12 the commission. The taxes shall be deposited in the state treasury , credited to
13 the bingo proceeds for education fund.
14 2. All taxes not paid to the commission by the person or licensee
15 required to remit the same on the date when the same becomes due and
16 payable to the commission under the provisions of sections 313.005 to
17 313.085 shall bear interest at the rate to be set by the commission not to exceed
18 two percent per calendar month, or fraction thereof, from and after such date
19 until paid. In addition, the commission may impose a penalty not to exceed
20 three times the amount of taxes due for failure to submit the reports required
21 by this section and pay the taxes due. ]
✔
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