Regulation of bingo.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0284

HOUSE BILL
NO.
HB0062

Regulation of bingo.

Sponsored by:
Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee

A BILL

for

AN ACT relating to crimes and offenses; clarifying and amending the definition of bingo as an activity excluded from the definition of gambling; specifying entities authorized to conduct bingo games; specifying conditions; authorizing cities, towns and counties to prohibit or restrict bingo activities; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 6
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105 is created to read:

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105.

Bingo permitted for restricted purposes; conditions.

(a)

The game of bingo as defined in W.S. 6
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101(a)(xi) shall not be construed as gambling under this article if all of the following are met:

(i)

The bingo game is conducted by:

(A)

A bona fide congressionally chartered veterans' organization or
its duly organized auxiliary
;

(B)

A religious, charitable, educational or fraternal organization;

(C)

A local civic or service club; or

(D)

A volunteer fire department.

(ii)

The entity conducting the bingo game shall have been in operation for at least three (3) years before conducting any bingo game;

(iii)

The entity conducts social service activities other than bingo operations in this state;

(iv)

Other than the money or other prizes awarded to players winning bingo, the monies paid to play bingo do not inure to the benefit of any individual. Nothing in this paragraph shall be construed to prohibit the entity conducting the bingo operation from donating funds to a single individual for benevolent purposes;

(v)

No corporation or other business entity other than the entities specified in paragraph (i) of this subsection conducts the bingo game or assists therein;

(vi)

The entities authorized under paragraph (i) of this subsection, before conducting a bingo game, provide thirty (30) days written notice of the time and place thereof to the governing body of the city or town in which it intends to conduct the bingo game, and the governing body does not pass a resolution prohibiting the conduct of the game. If the game is conducted in an unincorporated area of a county, notice under this paragraph shall be provided to the board of county commissioners and that board shall have authority to pass a resolution prohibiting the conduct of the game. If no such resolution is passed by the city, town or county having jurisdiction, and provided to the entity conducting the game at least ten (10) days before the game is to be conducted, the game may be conducted as specified in the notice. A governing body may subsequently prohibit the conduct of a game by passing a resolution and providing notice to the entity at least ten (10) days before the game is to be conducted;

(vii)

No entity authorized under paragraph (i) of this subsection to conduct a bingo game shall enter into any lease or agreement with any other person to provide equipment or services associated with the conduct of a bingo game. The provisions of this paragraph shall not be construed to prohibit the authorized entity from purchasing equipment to conduct the bingo game;

(viii)

Any entity conducting bingo in this state shall report to the pari-mutual commission and the division of criminal investigation annually. All income, compensation, winnings, and money used to support a benevolent purpose shall be reported separately. The report shall be filed not later than March 1, for the preceding year. Records related to any bingo operation in this state shall be made available upon request of the division of criminal investigation; and

(ix)

At least fifty percent (50%) of all monies paid to the entity conducting the bingo game shall be redeemed as winnings over the reporting period specified in paragraph (viii) of this subsection. Not less than seventy-five percent (75%) of all monies paid to the entity conducting the bingo game and not returned to players as winnings shall be used to support a benevolent purpose. For purposes of this paragraph "benevolent purpose" means for the relief of poverty, medical condition or condition of public concern or for the benefit of an educational or youth activity.

Section 2.
W.S. 6
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101(a)(iii)(D), (E), (G), by creating a new subdivision (H) and by creating a new paragraph (xi), 15
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103(a)(xvi)(A) and 18
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101(a) by creating a new paragraph (viii) are amended to read:

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101.

Definitions.

(a)

As used in this article:

(iii)

"Gambling" means risking any property for gain contingent in whole or in part upon lot, chance, the operation of a gambling device or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:

(D)

Raffles
or bingo
conducted
,
or pull tabs sold, by charitable or nonprofit organizations where the tickets for the raffle
or bingo
are sold only in this state and the pull tabs are sold only on the premises owned or occupied by the charitable or nonprofit organization;

(E)

Any game, wager or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling;
or

(G)

Display or private use of antique gambling devices in the owner's residence
;
.

or

(H)

Bingo conducted in accordance with W.S. 6
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105.

(xi)

"Bingo" means a game meeting the specifications of this paragraph. Each player is supplied a paper or cardboard card or board containing five (5) adjoining horizontal and vertical rows with five (5) spaces in each row, each containing a number or symbol therein, except for the central row with four (4) spaces, each containing a number or symbol therein and the word "free" marked in the center space thereof. Upon announcement by the person physically present conducting the game of any randomly generated number or symbol appearing on the player's card or board, the space containing the symbol or number is covered by the player. When the player shall have covered all five (5) spaces in any horizontal or vertical row, or shall have covered four (4) spaces and the "free" space in a five (5) space diagonal, horizontal or vertical row, or shall have covered the required combination of spaces in some other preannounced pattern or arrangement, such combination of spaces covered shall constitute "bingo". The player or players first verified as covering the spaces constituting "bingo" shall be awarded money, merchandise or some other consideration by the person conducting the game. Each bingo game shall continue until at least one (1) player's card or board has reached the pattern or arrangement which is verified as "bingo". All players during the course of a game shall compete for the same prizes utilizing different arrangements of the same set of numbers or symbols.

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103.

General powers of governing bodies.

(a)

The governing bodies of all cities and towns may:

(xvi)

Suppress or prohibit:

(A)

All gambling games or devices except antique gambling devices as defined in W.S. 6
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101(a)(x) and authorize the destruction thereof
. "Bingo" as defined by W.S. 6
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101(a)(xi) may be prohibited or restricted by the governing body in accordance with W.S. 6
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105(a)(vi)
;

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101.

General powers.

(a)

Each organized county in the state is a body corporate and politic. The powers of the county shall be exercised by a board of county commissioners which may:

(viii)

Prohibit or restrict "bingo" as defined by W.S. 6
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101(a)(xi) in accordance with W.S. 6
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105(a)(vi).

Section 3.
This act is effective July 1, 2005.

(END)

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HB0062