Section 316-35-310 - CONDUCT OF THE GAME310.01 No licensed pickle card operator or licensed organization may sell pickle cards without having physical possession of the license to sell pickle cards issued by the Department. In addition, a pickle card operator must have an authorization issued by the Department for each licensed organization on whose behalf they intend to sell pickle cards. No pickle card operator or licensed organization shall sell any pickle card which is not clearly and legibly imprinted by a licensed distributor with the name and state identification number of the licensed organization on whose behalf the pickle cards are sold.310.02 The corresponding flare card for each pickle card unit in play must be posted prominently at the location where pickle cards are sold individually. If more than one pickle card unit is in play, the flare card for each pickle card unit must be posted by the organization selling the pickle cards or the licensed pickle card operator selling the pickle cards. If one pickle card unit is being played at more than one location within a single premises, or in more than one dispensing device within a single premises, the flare card must be posted at the point where the majority of pickle cards are being sold.310.03 Units of pickle cards may be commingled in one receptacle, including a coin-, currency-, or token-operated dispensing device, subject to all of the following provisions: 310.03A Two or more units are placed in play at the same time at the start of a commingled game. Units added to the commingled game must be intermixed in the receptacle with the units in play. If the receptacle cannot hold two or more units, the receptacle may be filled with one unit and, as those cards are sold, refilled with cards from the second unit.310.03B The units are identical as to a particular type, form number, name of game, cost per play, and number of pickle cards.310.03B(1) Two or more types of pickle cards may be sold from the same coin, currency, or token-operated dispensing device designed with multiple columns provided that: different types of pickle cards are not mixed in a single column; and, the player has a choice as to which type of pickle card they can purchase. 310.03C For each unit in play, the flare card displaying the state identification stamp and game serial number which coincides with the pickle cards being sold must be posted in close proximity to the receptacle from which the cards are sold and plainly visible to all players.310.03D For the purposes of this regulation, receptacle shall mean a container, coin-, currency-, or token-operated dispensing device, or a distinct section thereof, in which pickle cards may be completely separated from other pickle cards in other sections of the container or device.310.04 The following information shall be indicated by the licensed organization or pickle card operator on each flare card posted at the location at which the particular pickle card unit is sold: 310.04A The name and state identification number of the licensed organization on whose behalf the cards are being sold; and310.04B The date the unit was placed in play.310.05 No pickle card unit or punchboard may be put out for play unless the flare card or punchboard has a Nebraska state identification stamp attached which has been previously affixed thereto by a licensed distributor. Once placed on the flare card or punchboard, the state identification stamp may not be tampered with by any person.310.06 No pickle card unit may be placed out for play in the original packages, boxes, or other containers in which it was received from the distributor or licensed organization310.07 No pickle card or punchboard punch may be sold for a price different from the price stated on the pickle card and flare card of the unit or on the punchboard.310.08 No licensed organization, pickle card operator, or any other person may modify or otherwise change the flare card of a pickle card unit or change or modify a punchboard from its original form as manufactured, or use a flare card or punchboard that arrives in an altered or defaced condition.310.09 A pickle card operator or licensed organization shall not pay a prize to any player who is attempting to redeem a pickle card that has in any manner been marked, defaced, tampered with, or otherwise placed in a condition which may deceive the pickle card operator or organization.310.10 When a winning pickle card is presented to claim a prize, the individual redeeming the pickle card shall verify before he or she pays the prize, that the serial number on the pickle card is, in fact, the serial number of a pickle card unit being sold at that particular location.310.11 To minimize the unfair advantage certain individuals may have with regard to the prize status of a particular pickle card unit in play, otherwise known as "insider information", the following prohibitions shall apply to the purchasing and playing of pickle cards: 310.11A With respect to a bingo occasion: No individual working, managing or assisting with the conduct of the bingo occasion, or selling or redeeming winning pickle cards at the bingo occasion, shall purchase or play pickle cards at that bingo occasion at any time. This regulation does not apply to a concession worker whose duties are not connected to the actual conduct of bingo games or to the selling or redeeming of pickle cards.310.11B With respect to an organization's designated premises: No individual who sells or redeems individual pickle cards at the designated premises shall purchase or play pickle cards at that designated premises at any time.310.11C With respect to a pickle card operator: No individual employed by the pickle card operator and no officer, partner or owner of the pickle card operator shall purchase or play pickle cards at that operator's location at any time.310.11D In addition, the individuals prohibited from purchasing or playing pickle cards as identified in this regulation, shall at no time disclose the prize status of a pickle card unit to any player or potential player thus giving that person an unfair advantage. Violations of this regulation could result in a fine or the suspension, cancellation or revocation of the license of the party where the violation occurred.310.12 Upon receipt and verification of a winning pickle card, the pickle card operator or licensed organization shall pay the prize designated by the manufacturer to the winner and shall deface the winning number, letter, symbol, or set of numbers, letters or symbols of each winning pickle card redeemed. Some examples of "defacing" a winning pickle card so that it may not be redeemed a second time are punching, marking, or signing one's name on the winning numbers, letters or symbols on the pickle card when the winner is paid.310.13 Pickle card operators and licensed organizations shall manage and control the disposal of played and unsold pickle cards from their premises. Played and unsold pickle cards should be burned, shredded or treated in some other manner which would prevent someone from obtaining the used, defaced or unsold pickle cards and attempting to reuse them or any portion thereof.310.14 No licensed organization or pickle card operator shall freeze a pickle card unit for a particular player(s). For the purposes of this regulation, freezing a unit or game means limiting the play of a particular pickle card unit to a particular player or players.310.15 A licensed pickle card operator or licensed organization selling individual pickle cards shall not post any copy or facsimile of the flare card for any pickle card unit. If the original flare card becomes lost or damaged beyond use, a replacement flare card must be obtained. The pickle card unit shall be removed from play until the replacement flare card has been obtained. Such replacement flare card must comply with all other flare card requirements including the presence of a state identification stamp affixed to it. 310.15A A pickle card operator must contact the licensed organization or sales agent from whom the game was purchased to request a replacement flare card.310.15B A licensed organization must contact the distributor from whom the game was purchased to obtain a replacement flare card.310.16 No pickle card operator or licensed organization shall extend credit to any player for the purchase of pickle cards nor shall such operator or organization accept any mode of payment other than cash or a check from the player for the purchase of a pickle card with the exception of a player who is redeeming a winning pickle card for a pickle card or cards whose face value equals the value of the prize awarded by the winning pickle card redeemed. 310.16A A pickle card operator or licensed organization who fails to make a good faith effort to collect payment for a bad or insufficient fund check used to purchase pickle cards shall be deemed in violation of this regulation.310.17 Licensed organizations and pickle card operators shall establish a policy regarding when and where individual pickle cards may be opened. A licensed organization or pickle card operator may establish a policy that all pickle cards must be opened and all winning cards must be redeemed at the time and at the location at which they are purchased. Licensed organizations and pickle card operators which have this policy shall clearly post a legible sign at the sales location notifying players that all pickle cards must be opened and redeemed on the premises at the time of sale.316 Neb. Admin. Code, 35, § 310
Sections 9 - 302, 9 - 317, 9 - 336, 9 - 337, 9 - 340, and 9 - 345.02, R.R.S. 1997. Sections 9 - 312, 9 - 315, 9 - 322, 9 - 328, 9 - 329.02, 9 - 345.03, and 9 - 346, R.S.Supp., 2002. November 12, 2002.