Section 316-35-206 - GAMING MANAGER; LICENSING REQUIREMENTS AND DUTIES206.01 A Class II bingo licensee must license at least one individual to serve as its gaming manager. This individual is not required to be a member of the licensed organization. The licensed gaming manager shall be the individual responsible for the conduct of all gaming activities at each bingo occasion of the licensed organization. 206.01A An individual may be licensed as a gaming manager for more than one licensed organization, but must obtain a separate gaming manager's license for each organization. A separate license application and license fee is required for the individual, from each organization for which he or she is seeking a gaming manager's license.206.01B A gaming manager cannot be designated as a bingo chairperson or alternate bingo chairperson for any licensed organization, or hold any other type of license issued pursuant to the Nebraska Bingo Act, the Nebraska Pickle Card Lottery Act, or the Nebraska Lottery and Raffle Act.206.02 An individual is not considered to be licensed as a gaming manager and may not conduct any activity for which a license is required until he or she has physical possession of the gaming manager's license issued by the Department. An individual seeking a gaming manager's license must apply for a license on a form supplied by the Department. The application must contain the following information: 206.02A The name and state identification number of the licensed organization;206.02B The name, address, social security number, date of birth, and signature of the individual applying for the gaming manager's license;206.02C A statement signed by the licensed organization's utilization of funds member stating its approval of the gaming manager to operate and manage the bingo game on behalf of the organization; and206.02D The statutorily required license fee. The fee may be paid by the licensed organization.206.03 The information contained in the application shall be kept current. The gaming manager must notify the Department within 30 days of any changes to the application information. Changes must be reported in writing and the Department may require the filing of a new application. 206.03A The gaming manager's license must be conspicuously posted with the organization's bingo license at the premises where bingo is conducted.206.04 A gaming manager's license expires as provided in Regulation 35-202.06 and may be renewed biennially. A gaming manager's license is not transferrable.206.05 An individual applying for a license as a gaming manager must be fingerprinted for criminal background investigation purposes. Two sets of fingerprints on cards supplied by the Department must be submitted to the Nebraska State Patrol, Criminal Investigation Division, along with the required fees. 206.05A If an individual applying for a gaming manager's license has been issued a license by the Nebraska Liquor Control Commission, the Department may, at its discretion, waive the fingerprinting requirement.206.05B An individual renewing his or her gaming manager's license shall not be required to submit additional fingerprint cards or pay additional fingerprinting fees unless specifically requested to do so by the Department.206.06 A Class II bingo licensee must have at least one of its gaming managers present for the duration of each bingo occasion or limited period bingo occasion which the licensed organization conducts, except that the organization's bingo chairperson or alternate bingo chairperson may substitute for the gaming manager in an emergency situation.206.07 The gaming manager is the ultimate authority on gaming related issues on the premises of the bingo occasion. If the licensed organization requires both the presence of a gaming manager and a bingo chairperson, the bingo chairperson or, in his or her absence, the alternate bingo chairperson, may assist the gaming manager and act as the organization's representative at the bingo occasion when the gaming manager is not a member of the organization. The gaming manager has the following responsibilities and duties: 206.07A Supervising and directing all bingo workers and other individuals assisting in the conduct of gaming activities at the bingo occasion;206.07B Ensuring that no one under 18 years of age participates in bingo or a lottery by the sale of pickle cards and, except in the case of a limited period bingo occasion, that no alcoholic beverages are served in the area of the premises in which bingo is conducted; 206.07B(1) Ensuring, in the case of a restricted limited period bingo occasion where individuals under 18 years of age are permitted to play bingo, that such individuals do not sell, purchase, or play pickle cards, and that no alcoholic beverages are served; 206.07C Resolving any gaming related disputes which may occur during the bingo occasion;206.07D Ensuring that the licensed organization awards at least 50 percent of its bingo gross receipts in prizes on a quarterly basis;206.07E Ensuring that no prize awarded exceeds $1,000 in value for any single regular or limited period bingo game, or $25 in value for any single restricted limited period bingo game;206.07F Ensuring that the total value of prizes awarded for bingo at the occasion does not exceed $4,000;206.07G Ensuring that the total fair market value of promotional prizes awarded does not exceed $100 for a regular bingo occasion or $250 for a limited period bingo occasion;206.07H Ensuring that prizes awarded in cash of $500 or more are properly receipted;206.07I Ensuring that all bingo card sales are properly receipted;206.07J Ensuring that all revenues received from the conduct of gaming activities at the bingo occasion are turned over to the licensed organization's utilization of funds member or deposited directly into the appropriate bank account of the organization;206.07K Ensuring that complete and accurate records of all gaming activities conducted at the bingo occasion are kept, including the date of each bingo occasion, whether it is a regular, limited period, or restricted limited period bingo occasion, the gross receipts, the bingo prizes paid, the value of promotional prizes awarded, the number of players at each occasion, and, if the licensed organization will be using pickle card proceeds to pay bingo related expenses, the gross proceeds from the sale of pickle cards at each bingo occasion;206.07L Ensuring that all gaming activities at the bingo occasion are conducted in accordance with the Nebraska Bingo Act, Nebraska Pickle Card Lottery Act, Nebraska Lottery and Raffle Act, and Nebraska Small Lottery and Raffle Act, and any rules and regulations promulgated pursuant to those Acts;206.07M Requesting, in cooperation with the licensed organization's bingo chairperson, Department approval for changes to the days, times, or premises where the organization conducts bingo, notifying the Department as required in Regulation 35-209.05 of any changes or additions to the organization's bingo card pricing structure, and requesting approval for the rescheduling of a bingo occasion which was canceled due to an act of God;206.07N Ensuring that the licensed organization conspicuously posts, at each bingo occasion, its bingo license, the percentage of its bingo gross receipts paid out in prizes for the last preceding quarter, and, when applicable, its gaming manager license(s) and limited period bingo authorization(s); and206.07O Ordering, if the licensed organization is also licensed to conduct a lottery by the sale of pickle cards, pickle card units from a licensed distributor on behalf of the organization to be sold at its bingo occasions. 206.08 An individual licensed as a gaming manager may not have a substantial interest, as defined in Regulation 35-200.20, in any individual or business licensed as a distributor, commercial lessor, or manufacturer. 316 Neb. Admin. Code, 35, § 206
Sections 9-202, 9-204.02, 9-207.01, 9-209, 9-209.01, 214.01, 9-215, 9-226, 9-232.01, 9-232.02, 9-233, 9-241.06, 9-241.08, 9-241.09, 9-241.10, 9-255.02, 9-255.03, 9-255.04, 9-255.05, 9-255.06, 9-255.07, 9-255.09, 9-331, and 9-342, R.R.S. 2007. November 6, 2010