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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1148
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (21).
5832S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 313.055 and 313.057, RSMo, and to enact in lieu thereof one new section
relating to taxes imposed on the sale of bingo cards.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 313.055 and 313.057, RSMo, are 1
repealed and one new section enacted in lieu thereof, to be 2
known as section 313.057, to read as follows:3
313.057. 1. It is unlawful for any person, either as 1
an owner, lessee or employee, to operate, carry on, conduct 2
or maintain any form of manufacturing, selling, leasing or 3
distribution of any bingo equipment or supplies without 4
having first procured and maintained a Missouri bingo 5
equipment and supplies manufacturer or supplier license. 6
2. The commission shall submit two sets of 7
fingerprints for each key person, as defined in commission 8
rules and regulations, of an entity or organization seeking 9
issuance or renewal of a Missouri bingo equipment and 10
supplies manufacturer or supplier license, for the purpose 11
of checking the person's prior criminal history when the 12
commission determines a nationwide check is warranted. The 13
fingerprint cards and any required fees shall be sent to the 14
Missouri state highway patrol's criminal records division. 15
The first set of fingerprints shall be used for searching 16
the state repository of criminal history information. The 17
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second set of fingerprints shall be forwarded to the Federal 18
Bureau of Investigation, Identification Division, for the 19
searching of the federal criminal history files. The patrol 20
shall notify the commission of any criminal history 21
information or lack of criminal history information 22
discovered on the individual. Notwithstanding the 23
provisions of section 610.120, all records related to any 24
criminal history information discovered shall be accessible 25
and available to the commission. 26
3. The holder of a state bingo license may, within two 27
years of cessation of conducting bingo or upon specific 28
approval by the commission, dispose of by sale in a manner 29
approved by the commission, any or all of his bingo 30
equipment and supplies, without a supplier's license. In 31
case of foreclosure of a lien by a bank or other person 32
holding a security interest for which bingo equipment is 33
security in whole or in part for the lien, the commission 34
may authorize the disposition of the bingo equipment without 35
requiring a supplier's license. 36
4. Any person whom the commission determines to be a 37
suitable person to receive a license pursuant to the 38
provisions of this section may be issued a manufacturer's or 39
supplier's license. The commission may require suppliers to 40
post a bond with the commission in an amount and in the 41
manner prescribed by the commission. The burden of proving 42
his qualification to receive or hold a license pursuant to 43
this section is at all times on the applicant or licensee. 44
5. The commission shall charge and collect from each 45
applicant for a supplier's license a one-time application 46
fee set by the commission, not to exceed five thousand 47
dollars. The commission shall charge and collect an annual 48
renewal fee for each supplier licensee not to exceed one 49
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thousand dollars. The applicant shall be responsible for 50
the total cost of the criminal history investigation. If 51
the cost of the investigation exceeds the total amount of 52
fees filed by the applicant in this subsection, the 53
commission may assess additional fees as it deems 54
appropriate. 55
6. The commission shall charge and collect from each 56
applicant for a manufacturer's license a one-time 57
application fee set by the commission, not to exceed five 58
thousand dollars. The commission shall charge and collect 59
an annual renewal fee for each manufacturer licensee not to 60
exceed one thousand dollars. The applicant shall be 61
responsible for the total cost of the criminal history 62
investigation. If the cost of the investigation exceeds the 63
total amount of fees filed by the applicant in this 64
subsection, the commission may assess additional fees as it 65
deems appropriate. 66
7. The commission shall charge and collect from each 67
applicant for a hall provider's license a one-time 68
application fee set by the commission, not to exceed seven 69
hundred fifty dollars. The commission shall charge and 70
collect an annual renewal fee for each hall provider 71
licensee not to exceed five hundred dollars. 72
8. All licenses issued pursuant to this section shall 73
be issued for the calendar year and shall expire on December 74
thirty-first of each year. Regardless of the date of 75
application or issuance of the license, the fee to be 76
charged and collected pursuant to this section shall be the 77
full annual fee. 78
9. All license fees collected pursuant to this section 79
shall be paid over immediately to the state treasurer to be 80
deposited to the credit of the gaming commission fund. 81
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10. All licensees pursuant to this section shall 82
maintain for a period of not less than three years full and 83
complete records of all business carried on in this state 84
and shall make same available for inspection to any duly 85
authorized representative of the commission. If a supplier 86
does not receive payment in full from an organization within 87
thirty days of the delivery of bingo supplies, the supplier 88
shall notify the commission in writing, or in a manner 89
specified by the commission in its rules and regulations, of 90
the delinquency. Upon receipt of the notice of delinquency, 91
the commission shall notify all suppliers that until further 92
notice from the commission, all sales of bingo supplies to 93
the delinquent organizations shall be on a cash-only basis. 94
Upon receipt of the notice from the commission, no supplier 95
may extend credit to the delinquent organization until such 96
time as the commission approves credit sales. If a 97
manufacturer does not receive payment in full from a 98
supplier within ninety days of the delivery of bingo 99
supplies, the manufacturer shall notify the commission in 100
writing, or in a manner specified by the commission in its 101
rules and regulations, of the delinquency. Upon receipt of 102
the notice of delinquency, the commission shall notify all 103
manufacturers that until further notice from the commission, 104
all sales of bingo supplies to the delinquent supplier shall 105
be on a cash-only basis. Upon receipt of the notice from 106
the commission, no manufacturer may extend credit to the 107
delinquent supplier until such time as the commission 108
approves credit sales. 109
11. [Until January 1, 1995, all suppliers shall pay a 110
tax on all pull-tab cards distributed by them in the amount 111
of ten dollars per box when sold by any organization 112
licensed to conduct bingo pursuant to the provisions of 113
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sections 313.005 to 313.080. No box sold shall contain more 114
than twenty-four hundred pull-tab cards. Beginning January 115
1, 1995, a tax is hereby imposed in the amount of two 116
percent of the gross receipts of the retail sales value 117
charged for each pull-tab card sold in Missouri to be paid 118
by the supplier. The taxes, less two percent of the total 119
amount paid which may be retained by the supplier, if timely 120
filed and paid, shall be paid on a monthly basis to the 121
commission by each supplier of pull-tabs and shall be due on 122
the last day of each month following the month in which the 123
pull-tabs were sold. The taxes shall be deposited in the 124
state treasury, credited to the bingo proceeds for education 125
fund.] All pull-tab cards sold by suppliers in this state 126
shall bear on the face thereof the amount for which such 127
pull-tab cards will be sold. Each unit container shall 128
contain cards printed in such a manner as to ensure that at 129
least sixty percent of the gross revenues generated by the 130
ultimate sale of such cards shall be returned to the final 131
purchasers of such cards. [Any supplier who fails to pay 132
the tax imposed pursuant to this subsection shall have his 133
license issued pursuant to this section revoked and shall be 134
guilty of a class A misdemeanor.] 135
[313.055. 1. A tax is hereby imposed on 1
each organization conducting the game of bingo 2
which awards to winners of bingo games prizes or 3
merchandise having an aggregate retail value of 4
more than five thousand dollars annually and 5
more than one hundred dollars in any single 6
day. The tax shall be in the amount of two- 7
tenths of one cent upon each bingo card and 8
progressive bingo game card sold in Missouri to 9
be paid by the supplier. The taxes, less two 10
percent of the total amount paid which may be 11
retained by the supplier, shall be paid on a 12
monthly basis to the commission, by each 13
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supplier of bingo supplies and shall be due on 14
the last day of the month following the month in 15
which the bingo card was sold, with the date of 16
sale being the date on the invoice evidencing 17
the sale, along with such reports as may be 18
required by the commission. The taxes shall be 19
deposited in the state treasury, credited to the 20
bingo proceeds for education fund. 21
2. All taxes not paid to the commission by 22
the person or licensee required to remit the 23
same on the date when the same becomes due and 24
payable to the commission under the provisions 25
of sections 313.005 to 313.085 shall bear 26
interest at the rate to be set by the commission 27
not to exceed two percent per calendar month, or 28
fraction thereof, from and after such date until 29
paid. In addition, the commission may impose a 30
penalty not to exceed three times the amount of 31
taxes due for failure to submit the reports 32
required by this section and pay the taxes due.] 33
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