Section 316-35-202 - LICENSE REQUIREMENTS: CLASS I AND CLASS II BINGO202.01 Except for special event bingo as provided in Regulation 35-222, a bingo license is required whenever a charge is made to participate or any bingo prize to be awarded exceeds $25 in value. A bingo license must be applied for on a form prescribed by the Department. An organization seeking a bingo license may apply for either a Class I or Class II license. The class of license which an organization is granted is determined by the following: 202.01A A licensed organization with bingo gross receipts of less than $100,000 for the annual reporting period July 1 through June 30 will be issued a Class I license.202.01B A licensed organization with bingo gross receipts of $100,000 or more for the annual reporting period July 1 through June 30 will be issued a Class II license.202.01C When a bingo occasion is conducted on a joint basis by two or more licensed organizations, the class of license required is determined based upon the combined gross receipts of all licensed organizations involved in the conduct of the bingo occasion.202.01D The base period for determining bingo gross receipts for license classification purposes is the annual reporting period July 1 to June 30. For license renewal purposes, the Department will use the licensed organization's gross receipts from the most recently completed annual reporting period in determining the appropriate class of license to be issued. If the organization was not licensed for the entire reporting period, the Department will annualize the reported gross receipts to determine the appropriate class of license. 202.01D(1) For an organization not previously licensed, the following factors will be used to determine the class of license to be issued: 202.01D(1)(a) The size of the premises to be used for the conduct of bingo;202.01D(1)(b) The prices the organization intends to charge for admissions and bingo cards, and the prizes the organization intends to award; and202.01D(1)(c) The number of players the organization expects to attract.202.01E If, during the course of the licensing period, an organization conducting bingo under a Class I license determines that its gross receipts for the first annual reporting period after issuance of the license will equal or exceed $100,000, it shall apply for an upgrade to a Class II license. The application shall be accompanied by the difference in license fees between a Class I and Class II license and a completed Nebraska Application for Gaming Manager License, Form 50C, and the statutorily required license fee. 202.01E(1) Upon issuance of the Class II license, the organization must discontinue the use of any reusable hard bingo card or shutter card and shall adhere to all regulations and requirements for a Class II bingo licensee.202.01E(2) Within seven days after the issuance of the Class II license, the organization shall return the original Class I license issued by the Department and conduct a physical inventory of any disposable paper bingo cards on hand immediately prior to the first bingo game conducted under the Class II license. The inventory shall be reported to the Department with the licensed organization's first quarterly report immediately following the upgrade of the license. 202.01F A Class II license may be downgraded to a Class I license only if a Class II bingo licensee's gross receipts fall below $100,000 for the annual reporting period July 1 to June 30, and the license may only be downgraded (a) for the second 12-month period of a biennial licensing period, or (b) upon the renewal of a biennial license.202.02 An application for a bingo license shall contain the following information: 202.02A The name and location address of the applicant organization and a mailing address if different from the location address;202.02B The county in which the applicant organization's principal office is located;202.02C Any state or federal identification numbers held by the applicant organization;202.02D The class of bingo license applied for and the statutorily required license fee;202.02E The type of organization, the subsection of section 501(c) of the Internal Revenue Code (IRC) under which the organization is tax exempt, number of members, and affiliation, if any, with a state or national organization;202.02F The name and complete address of the financial institution where the applicant organization will have its bingo checking account and the account number;202.02G The names, social security numbers, dates of birth, and titles of the principal officers of the applicant organization;202.02H The complete address, including the county, of the premises where bingo is to be conducted, and an indication of whether the premises and bingo equipment to be used are owned or rented by the applicant organization;202.02I If applicable, the name of the lessor of the premises where bingo will be conducted and the lessor of any bingo equipment and the amount of rent to be paid;202.02J The frequency that bingo will be conducted, including the calendar days of the week and the beginning and ending times for the bingo occasions;202.02K A statement indicating whether another licensed organization will be co-sponsoring the bingo occasion and, if applicable, the name and state identification number of the co-sponsoring organization;202.02L The name, complete address, social security number, date of birth, and years of membership of one member as defined in Regulation 35-200.15, of the applicant organization who will serve as the bingo chairperson and, at the applicant organization's option, the names, complete addresses, social security numbers, dates of birth, and years of membership of up to three members, as defined in Regulation 35-200.15, of the applicant organization who will serve as alternate bingo chairpersons; and202.02M If the applicant organization is applying for a Class II license for the first time, the proposed price structure for the sale or use of bingo cards and bingo card monitoring devices.202.03 In addition to the license application required by Regulation 35-202.02, each applicant organization is required to apply for and obtain a license for at least one of its members, as defined in Regulation 35-200.15, to serve as the organization's utilization of funds member (see Regulation 35204). A Class II bingo licensee must also apply for and obtain a license for at least one individual to serve as a gaming manager (see Regulation 35-206).202.04 It is the responsibility of the bingo chairperson and a utilization of funds member of the licensed organization to keep the organization's license application information current. The Department must be informed within 30 days of any changes in the information supplied by the licensed organization in its most recent filing with the Department. 202.04A The licensed organization's bingo chairperson or gaming manager must submit a 30 day advance notification to the Department, in writing, and must receive approval from the Department prior to: 202.04A(1) Changing the location of its bingo premises; or202.04A(2) Changing the days or times it conducts bingo. 202.04B All other application changes must be reported in writing and the Department may require the filing of a new application or schedule. All changes to a licensed organization's application information submitted by a bingo chairperson or gaming manager, other than changes to the days or times of the bingo occasions or a change of the premises at which bingo is conducted, must be confirmed by the signature of an officer of the licensed organization or a utilization of funds member.202.04C Any individual signing the most current application obligates the licensed organization to comply with the Nebraska Bingo Act and Regulations for that licensing period.202.05 In addition to all other information requested by the Department, each applicant for a bingo license and each subsequent renewal may, at the discretion of the Department, be required to provide: 202.05A A copy of the applicant organization's articles of incorporation or bylaws or, if not a corporation, a copy of any bylaws or other documents which set forth the organization's structure and purpose;202.05B Additional evidence of a parent-subordinate relationship if the applicant organization is utilizing the charter date of its parent organization to satisfy the five-year existence requirement; or202.05C A current roster of all active members.202.06 All Class I and Class II bingo licenses expire and may be renewed on a biennial basis, according to the following schedule: 202.06A A license to conduct bingo issued to a nonprofit organization holding a certificate of exemption under section 501(c)(3) or (c)(4) of the IRC and any license issued to a utilization of funds member or gaming manager for the nonprofit organization expires on September 30 of each odd-numbered year.202.06B A license to conduct bingo issued to a nonprofit organization holding a certificate of exemption under section 501(c)(5), (c)(7), (c)(8), (c)(10) or (c)(19) of the IRC, or to any volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad and any license issued to a utilization of funds member or gaming manager for the organizations expires on September 30 of each even-numbered year.202.07 Applications for license renewal are due 45 days prior to the expiration date of the license, or as otherwise provided in regulation, unless the application pertains only to a limited period bingo occasion. Licenses are not transferable. An organization, utilization of funds member, or gaming manager is not considered licensed and shall not conduct any activity for which a license is required until the organization or individual has physical possession of the printed license issued by the Department.202.08 The licensed organization shall post conspicuously, at the place where bingo is being conducted, the organization's bingo license and, if applicable, the gaming manager's license. The organization's utilization of funds member license is not required to be posted. 202.08A A licensed organization which has obtained authorization from the Department to conduct a limited period bingo occasion or a restricted limited period bingo occasion as defined in Regulation 35-213 shall post conspicuously, at the premises where bingo is conducted, the Limited Period Bingo Authorization, Form 52.202.08B The licensed organization must post its current licenses and authorizations issued by the Department. A copy of the license or authorization may not be substituted for the original. 202.08B(1) A licensed organization, utilization of funds member, or gaming manager whose license has been lost, stolen, or destroyed must notify the Department as soon as possible. A duplicate license will be issued for no additional fee.202.09 Any licensed organization, utilization of funds member, or gaming manager who no longer desires to be licensed and any individual who no longer desires to be designated as the licensed organization's bingo chairperson or alternate bingo chairperson, shall notify the Department in writing of his or her intention to cancel the licenses or designation. The notification shall be signed by: 202.09A An officer of the organization in the case of a licensed organization;202.09B An officer of the licensed organization and the individual holding the license in the case of a utilization of funds member or gaming manager; or202.09C An officer of the licensed organization and the individual designated as bingo chairperson or alternate bingo chairperson in the case of a bingo chairperson or alternate bingo chairperson.202.09D All notifications of license cancellation must be accompanied by the original licenses issued by the Department.202.10 If a license is suspended, canceled, or revoked, the licensee shall surrender physical possession of the license to the Department immediately upon receipt of the order of suspension, cancellation, or revocation from the Department. 202.10A In the case of suspension, the Department shall return the licenses to the licensee at the end of the suspension period.202.10B In the case of cancellation, the former licensee may reapply for a license when the period of cancellation has expired.202.10C In the case of revocation, the former licensee may not reapply for any license at any time in the future under the Nebraska Bingo Act unless otherwise authorized by the Department.202.10D When a licensee has successfully appealed an order of suspension, revocation, or cancellation, the Department shall return physical possession of the license which has been suspended, revoked, or canceled.316 Neb. Admin. Code, 35, § 202
Sections 9-202, 9-204.02, 9-205, 9-207, 9-209.01, 9-212, 9-2139 -214, 9-215, 9-216, 9-220, 9-224, 9-225, 9-225.01, 9-225.02, 9-226, 9-230, 9-232.01, 9-232.02, 9-233, 9-237, 9-241.10, and 9-255.05, R.R.S. 2007. November 6, 2010.