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Rules of Department of Public Safety Division 45—Missouri Gaming Commission Chapter 30—Bingo Title Page 11 CSR 45-30.020 Advertising .....................................................................................5 11 CSR 45-30.025 Bingo Promotions .............................................................................5 11 CSR 45-30.030 Special Bingo Game (Rescinded January 30, 2011) ....................................5 11 CSR 45-30.035 Bingo Card .....................................................................................5 11 CSR 45-30.040 Occasion........................................................................................6 11 CSR 45-30.050 Gross Receipts (Rescinded June 30, 2005) ...............................................6 11 CSR 45-30.055 Person...........................................................................................6 11 CSR 45-30.060 Operator(s) .....................................................................................6 11 CSR 45-30.065 Licenses Required ............................................................................6 11 CSR 45-30.070 Regular Bingo License .......................................................................7 11 CSR 45-30.080 Special Bingo License (Rescinded March 30, 1997)....................................7 11 CSR 45-30.090 Additional Information .......................................................................7 11 CSR 45-30.100 Denial of Application or License Renewal ...............................................7 11 CSR 45-30.130 Member(s) in Charge.........................................................................7 11 CSR 45-30.135 Bingo Workers .................................................................................7 11 CSR 45-30.140 Worker—Player................................................................................8 11 CSR 45-30.145 Premises Required to be Open for Inspection............................................8 11 CSR 45-30.150 Information to be Posted.....................................................................8 11 CSR 45-30.155 Bingo Equipment Defined ...................................................................8 11 CSR 45-30.160 Equipment (Rescinded June 30, 2005) ....................................................8 11 CSR 45-30.170 Records Required (Rescinded June 30, 2005)............................................9 ROBIN CARNAHAN Secretary of State (12/31/10) CODE OF STATE REGULATIONS 1 11 CSR 45-30.175 Organization (Operator) Record Keeping Requirements ...............................9 11 CSR 45-30.180 Inventory, Ownership, and Leasing of Bingo Equipment ..............................9 11 CSR 45-30.190 Rules of Play .................................................................................10 11 CSR 45-30.200 Merchandise Prizes..........................................................................10 11 CSR 45-30.205 Game Operation Definitions...............................................................10 11 CSR 45-30.210 Reports ........................................................................................11 11 CSR 45-30.220 Bank Account (Rescinded June 30, 2005)...............................................11 11 CSR 45-30.225 Change of Day and/or Time of Bingo Occasion .......................................11 11 CSR 45-30.235 Reasonable Market Rental Rate for Leased Premises and Leased Locations .....11 11 CSR 45-30.240 Leased Locations (Rescinded June 30, 2005) ..........................................12 11 CSR 45-30.250 Subsidiary Body—Application for License..............................................12 11 CSR 45-30.260 Participation of Workers—Restricted .....................................................12 11 CSR 45-30.270 Premises Defined, Inspections, All Gambling and Gambling Devices Prohibited ....................................................................................12 11 CSR 45-30.280 Net Receipts from Bingo and Bank Account ...........................................13 11 CSR 45-30.290 Co-Ownership of Bingo Equipment (Rescinded June 30, 2005) ....................13 11 CSR 45-30.300 Equipment Leases, Reasonable Market Rental Rate (Rescinded June 30, 2005)................................................................13 11 CSR 45-30.335 Participation of Auxiliary, Post or Organization Members in Licensee’s Bingo Games ..................................................................13 11 CSR 45-30.340 Participation of Full-Time Employee, Full-Time Staff Member or Ordained Member of Clergy .............................................................13 11 CSR 45-30.350 Pull-Tab Cards (Rescinded June 30, 2005) .............................................14 11 CSR 45-30.355 Sale of Pull-Tab Cards by Bingo Licensees .............................................14 11 CSR 45-30.360 Unit Container/Box of Pull-Tab Cards Sold, Total Gross Receipts Restricted and Gross Receipts Tax Due (Rescinded January 30, 1996) ........................15 11 CSR 45-30.370 Progressive Games ..........................................................................15 11 CSR 45-30.390 Manufacturer Defined ......................................................................15 11 CSR 45-30.395 Manufacturer Record Keeping Requirements ...........................................15 11 CSR 45-30.480 Package Deals and Tying Arrangements Prohibited ...................................16 11 CSR 45-30.500 Bingo on Military Installations............................................................16 2 CODE OF STATE REGULATIONS (12/31/10) ROBIN CARNAHAN Secretary of State 11 CSR 45-30.515 Organization Bona Fide Member Definition...........................................16 11 CSR 45-30.520 Waiver of Requirements ....................................................................17 11 CSR 45-30-525 Supplier Record Keeping Requirements .................................................17 11 CSR 45-30.535 Penalties.......................................................................................18 11 CSR 45-30.540 Approval of Bingo Paraphernalia .........................................................18 11 CSR 45-30.545 Contraband ...................................................................................18 11 CSR 45-30.550 Licensee’s Duty to Report and Prevent Misconduct...................................19 11 CSR 45-30.555 Agreements Restricting Freedom to Buy and Sell—Prohibited ......................19 11 CSR 45-30.570 Price Reporting ..............................................................................19 11 CSR 45-30.575 Pull-Tab Packaging, Assembly and Distribution .......................................19 11 CSR 45-30.580 Procedure for Entry of Names to the Ineligible Persons List........................20 11 CSR 45-30.585 Maintenance of the List of Ineligible Persons ..........................................20 11 CSR 45-30.590 Duty of Licensee to Exclude Ineligible Persons........................................20 11 CSR 45-30.595 Petition for Removal of Name from the List of Ineligible Persons..................21 11 CSR 45-30.600 Electronic Bingo Card Monitoring Devices.............................................21 11 CSR 45-30.610 Wireless Technology ........................................................................23 ROBIN CARNAHAN Secretary of State (12/31/10) CODE OF STATE REGULATIONS 3 Chapter 30—Bingo 11 CSR 45-30 Title 11—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission Chapter 30—Bingo 11 CSR 45-30.020 Advertising PURPOSE: This rule clarifies the amount of money licensees can use for advertising in relationship to the management, conduct or operation of bingo pursuant to 313.040(9), RSMo and the recent decision rendered by the U.S. Western District Court of Missouri which eliminated the advertising restriction in the Missouri Constitution. (1) Advertising expenditures for all type (A), (B), and (C) licensees as defined in rule 11 CSR 45-30.065 may not exceed ten percent (10%) of the total receipts available for charitable, religious or philanthropic purposes. The percentage shall be calculated based on the licensee’s prior calendar year use of receipts for charitable, religious or philanthropic purposes as reported on the licensee’s quarterly reports. New licensees will be allowed to estimate the funds available for advertising for the first two (2) calendar quarters of operation. After two (2) quarters, the total must be based on the actual receipts to be used for charitable, religious or philanthropic purposes. (2) All expenditures for advertising of a licensed bingo game must be paid from the licensee’s special bingo checking account. All invoices, receipts and other documentation used to account for advertisements must be maintained for two (2) years. (3) The cost of advertising must represent the fair market value within the licensee’s geographical area. (4) The provisions of this rule apply to all type (A), (B), and (C) licensees as defined in rule 11 CSR 45-30.065. AUTHORITY: section 313.040, RSMo Supp. 2010 and section 313.065, RSMo 2000.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed Dec. 14, 1998, effective July 30, 1999. Amended: Filed July 28, 2010, effective Jan. 30, 2011. ROBIN CARNAHAN Secretary of State (12/31/10) *Original authority: 313.040, RSMo 1981, amended 1983, 1984, 1986, 1987, 1993, 1994, 1996, 2010 and 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.025 Bingo Promotions PURPOSE: This rule establishes the general guidelines and restrictions licensed charitable organizations must follow to conduct “free no charge” promotional events in conjunction with their bingo game, pursuant to section 313.040, RSMo. (1) Bingo promotions are defined as free drawings, free merchandise, or any type of free games (other than free pull-tabs, free bingo paper, birthday packs, free daubers, or other free bingo paraphernalia) offered in conjunction with a bingo event in which cash, merchandise, or other item of value is awarded. (2) Bingo promotions are not an authorized cost of conducting a bingo game under section 313.040, RSMo. Any bingo promotion a licensee may choose to conduct in conjunction with a licensed bingo event shall be entirely funded from non-bingo funds or donations. (3) Prizes awarded from bingo promotions will not count against the maximum that a licensed organization may award during any single bingo event. (4) Individuals participating in the management or conduct of a bingo promotion and bingo workers for a bingo session involving a bingo promotion may not receive anything of value through that promotion. All other persons sixteen (16) years of age or older will be eligible to enter the bingo hall and participate in the drawing or game without any charge whatsoever, including admission fees, and with no solicitation of any kind for donations to participate. (5) Bingo promotions will be conducted within compliance of all applicable laws and regulations and in such a manner that the chance of winning any promotional drawing or game shall be equal for all participants. Bingo selection equipment may be used to determine the winner of a bingo promotion. (6) Licensees will grant Gaming Commission personnel access to all records related to promotions offered in conjunction with licensed bingo upon request. CODE OF STATE REGULATIONS AUTHORITY: section 313.065, RSMo 2000.* Original rule filed March 1, 2002, effective Sept. 30, 2002. Amended: Filed Dec. 1, 2004, effective June 30, 2005. Amended: Filed July 28, 2010, effective Jan. 30, 2011. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.030 Special Bingo Game (Rescinded January 30, 2011) AUTHORITY: section 313.065, RSMo 2000. Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed Dec. 1, 2004, effective June 30, 2005. Rescinded: Filed July 28, 2010, effective Jan. 30, 2011. 11 CSR 45-30.035 Bingo Card PURPOSE: This rule provides a definition of bingo card and its lawful use. (1) A bingo card is an individual game face marked off into twenty-five (25) squares arranged on five (5) horizontal rows of five (5) squares each with each square being designated by a number, letter, or a combination of numbers and letters, except that the center square on the card shall be designated with the word “free.” (2) No two (2) bingo cards shall be identical, however, one (1) or more bingo cards may be contained on a bingo sheet. (3) The price for a single bingo card may not exceed one dollar ($1). (4) The use of any bingo card for any purpose that is not defined within Chapter 313, RSMo, is prohibited. (5) During an occasion, a licensee may allow a sight-impaired player to use a Braille bingo card(s) that is owned by the player or purchased from the licensee for use during that occasion. An equal amount of paper bingo cards must be destroyed in accordance with 11 CSR 45-30.175. (6) A bingo licensee shall obtain approval from the commission prior to purchasing any Braille bingo cards. 5 11 CSR 45-30—DEPARTMENT OF PUBLIC SAFETY (7) Except when prior approval is obtained from the commission to purchase Braille bingo cards directly from a nonlicensed source, a licensee shall purchase all Braille bingo cards from a Missouri licensed supplier. (8) A bingo licensee seeking prior approval from the commission to purchase Braille bingo cards from a nonlicensed source shall submit a written request to the commission that contains the name of the source, a sample of the actual Braille bingo card(s) to be purchased, and the purchase price for the Braille bingo card(s). (9) A licensed Missouri supplier may purchase Braille bingo cards from a nonlicensed source only after receiving prior approval from the commission. (10) A licensed Missouri supplier seeking prior approval from the commission to purchase Braille bingo cards from a nonlicensed source shall submit a written request to the commission that contains the name of the source, a sample of the actual Braille bingo card(s) to be purchased, and the purchase price for the Braille bingo card(s). (11) The price for the use of a single Braille bingo card per occasion shall be the same price as all other bingo cards during that occasion. (12) The use of any Braille bingo card for any purpose that is not defined within Chapter 313, RSMo, is prohibited. AUTHORITY: section 313.065, RSMo 2000.* Original rule filed Dec. 1, 2004, effective June 30, 2005. Amended: Filed Jan. 27, 2006, effective Sept. 30, 2006. Amended: Filed July 28, 2010, effective Jan. 30, 2011. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.040 Occasion license on the same calendar day the licensee conducts a bingo session under its regular bingo license. AUTHORITY: section 313.065, RSMo 2000.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed Dec. 1, 2004, effective July 30, 2005. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.050 Gross Receipts (Rescinded June 30, 2005) AUTHORITY: section 313.065, RSMo Supp. 1996. Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed July 3, 1995, effective Jan. 30, 1996. Emergency amendment filed Aug. 5, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Amended: Filed Aug. 5, 1996, effective March 30, 1997. Rescinded: Filed Dec. 1, 2004, effective June 30, 2005. 11 CSR 45-30.055 Person PURPOSE: This rule defines person as it relates to sections 313.004 through 313.085, RSMo. (1) Person—Any individual, corporation, partnership, firm, association, limited liability company or organization or other entity either natural or legal. AUTHORITY: section 313.065, RSMo Supp. 1997. Original rule filed Sept. 2, 1997, effective March 30, 1998. PURPOSE: This rule defines an occasion and limits the total number of games authorized to be played during an occasion to sixty-two games. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. (1) An occasion is a single bingo session within the same calendar day during which the total consists of no more than sixty-two (62) bingo games. A licensee may not conduct a bingo session under a special bingo PURPOSE: This rule sets forth the requirement that a person shall be named who is responsible for the overall conduct, management and operation of bingo by an organization. 6 11 CSR 45-30.060 Operator(s) CODE OF STATE REGULATIONS Division 45—Missouri Gaming Commission (1) Each application or renewal application shall designate a bingo chairperson who shall be responsible for the overall supervision, management and conduct of the bingo activities. The bingo chairperson shall maintain, or be responsible for maintaining, all records necessary to accurately reflect the bingo operations and shall timely file all required reports. The commission shall be notified as soon as possible but not later than thirty (30) calendar days from the date of any change of the bingo chairperson. AUTHORITY: section 313.065, RSMo 2000.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed Dec. 1, 2004, effective June 30, 2005. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.065 Licenses Required PURPOSE: This rule establishes the types of licenses that are required by the commission. (1) The types of licenses shall include: (A) Regular/Annual Bingo license; (B) Special Bingo and Pull-Tab license; (C) Special Abbreviated Pull-Tab license; (D) Bingo Equipment/Supplies Manufacturer’s license; (E) Bingo Equipment/Supplies Supplier’s license; and (F) Bingo Hall Provider’s license. (2) The commission shall investigate all levels of license applications. (3) The commission may delegate to the director the authority to approve or deny the application of any applicant for a Regular/Annual Bingo license, Special Bingo and Pull-Tab license, Special Abbreviated Pull-Tab license or Bingo Hall Provider’s license, provided, however, that this section shall not limit the delegation of any other authority to the director. The delegation of authority provided hereunder shall not include the authority to review appeals of license denials or suspensions of any bingo license. AUTHORITY: section 313.065, RSMo Supp. 1996.* Emergency rule filed March 1, 1995, effective March 11, 1995, expired July 8, (12/31/10) ROBIN CARNAHAN Secretary of State Chapter 30—Bingo 11 CSR 45-30 1995. Original rule filed March 1, 1995, effective Aug. 30, 1995. Emergency amendment filed Aug. 5, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Amended: Filed Aug. 5, 1996, effective March 30, 1997. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.070 Regular Bingo License PURPOSE: This rule defines a regular bingo license and sets forth the authority for a licensee to possess both a regular and a special bingo license. (1) A regular bingo license is a license issued to a qualified organization to conduct only the game of bingo as defined in section 313.005, RSMo. The number of bingo occasions conducted by a licensee is limited to two (2) days per week. The holder of a regular bingo license may also be the holder of a special bingo license. A veterans’ organization may be exempt from the limitation of two (2) days per week for play at a veterans’ hospital as provided in section 313.060, RSMo. AUTHORITY: section 313.065, RSMo 2000.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed July 28, 2010, effective Jan. 30, 2011. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.080 Special Bingo License (Rescinded March 30, 1997) AUTHORITY: section 313.065, RSMo Supp. 1993. Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Rescinded: Filed Aug. 5, 1996, effective March 30, 1997. 11 CSR 45-30.090 Additional Information PURPOSE: This rule allows the commission to require additional information to verify statements made in any application for a bingo license. ROBIN CARNAHAN Secretary of State (12/31/10) (1) In addition to the information required to be furnished on the application, and prior to the issuance of a bingo license, every organization desiring to conduct bingo is required to furnish a copy of the letter from the Internal Revenue Service (IRS) granting an exemption from the payment of federal income taxes as provided in section 501(c)(3), (4), (5), (7), (8), (10), (19) or section 501(d) of the Internal Revenue Code of 1954. Every organization desiring to conduct bingo may be required by the commission to furnish additional information considered necessary to determine that the applicant organization is fully qualified and eligible for a bingo license. This information may include a copy of the corporate charter or other evidence that the organization was in existence for at least five (5) years immediately prior to the date of application. (2) Also required with the application, each organization shall submit for approval a complete list of the officers of the applicant organization and a complete list of all two (2)year bona fide members that will assist with the management, conduct, and operation of the bingo game. This list must include each individual’s Social Security number and date of birth. Changes to the list must be reported to the commission as they occur. AUTHORITY: section 313.065, RSMo 2000.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed Jan. 27, 2006, effective Sept. 30, 2006. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.100 Denial of Application or License Renewal PURPOSE: This rule further clarifies the commission may deny any original application or renewal application for issuance of a bingo license. (1) The commission may deny any original application or renewal for failure to meet statutory requirements or noncompliance with Chapter 313, RSMo or official rules. The license fee is considered a processing fee pursuant to Chapter 313, RSMo and is not refundable to the applicant. CODE OF STATE REGULATIONS AUTHORITY: section 313.065, RSMo 1994.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed July 3, 1995, effective Jan. 30, 1996. *Original authority: 313.065, RSMo 1981, amended 1993. 11 CSR 45-30.130 Member(s) in Charge PURPOSE: This rule sets forth the requirements and eligibility for a person to be responsible for the overall conduct of a bingo occasion. (1) Every licensed organization shall designate a bona fide, active member of the organization to be in charge of, and primarily responsible for, each bingo occasion. The member in charge may change from occasion to occasion. The individual shall have been a member in good standing of the licensed organization for the last two (2) years and shall supervise all activities and be responsible for the conduct of all bingo games of which s/he is in charge. The member in charge shall be continually present on the premises during the occasion and shall be familiar with the provisions of the bingo law, applicable ordinances and these rules. AUTHORITY: section 313.065, RSMo Supp. 1993.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. *Original authority: 313.065, RSMo 1981, amended 1993. 11 CSR 45-30.135 Bingo Workers PURPOSE: This rule provides a definition of “bingo worker.” (1) A bingo worker is any person participating in the operation of the game of bingo. This includes the bingo chairperson or member in charge, callers and any person that helps to verify or pay bingo winners. It includes any person that sells bingo paper or pull-tabs, as well as any person involved in the management, conduct, or operation of the actual games, including those who help prepare bingo paper, count winning pull-tabs, or 7 11 CSR 45-30—DEPARTMENT OF PUBLIC SAFETY otherwise handle the bingo supplies, bingo equipment, or receipts. (2) For the purposes of this rule, the term “bingo worker” shall not include any person whose sole duty or responsibility is to prepare or sell concessions, provide janitorial or security services, sell raffle or sweepstakes tickets for a lawfully conducted raffle or sweepstakes, or sell markers, cushions, bags, and other incidentals, as well as any authorized representative of a licensed supplier whose sole duty or responsibility is to maintain Electronic Bingo Card Monitoring Devices (EBCMDs). AUTHORITY: section 313.065, RSMo 2000.* Original rule filed Dec. 1, 2004, effective July 30, 2005. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.140 Worker—Player PURPOSE: This rule sets forth guidelines permitting a worker to also be a player during the same occasion but not during the same game. (1) Any eligible person may participate in the conduct, management or operation of bingo and play bingo during the same occasion but may not be both a player and a worker during the same game. An eligible person must pay to participate in the playing of a bingo game or pull-tab cards in the same manner and at the same cost as any other player. If an eligible person works the first portion of the occasion and then purchases bingo paper or pulltab cards and becomes a player, the person may not assist with the management, conduct, or operation of bingo or the sale of pulltab cards for the remainder of the occasion. If an eligible person plays the first portion of the bingo occasion and then ceases playing and becomes a worker, the person may not participate as a player of bingo or pull-tab cards during the remainder of the occasion. An eligible person may only switch from player to worker or worker to player once during an occasion, and a switch will only be permitted during the first half of the bingo occasion. (2) Bingo workers are prohibited from purchasing bingo paper and/or pull-tabs and having another player play for them. (3) Bingo workers are prohibited from play8 ing bingo cards for a player. AUTHORITY: section 313.065, RSMo 2000.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed Jan. 27, 2006, effective Sept. 30, 2006. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.145 Premises Required to be Open for Inspection PURPOSE: This rule ensures that bingo licensees are complying with the bingo statutes. (1) The premises where any game of bingo is being conducted, or where it is intended that any game of bingo is to be conducted, shall be open to inspection by the commission or its duly appointed representatives. AUTHORITY: section 313.065, RSMo Supp. 1993.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. *Original authority: 313.065, RSMo 1981, amended 1993. 11 CSR 45-30.150 Information to be Posted PURPOSE: This rule requires full information regarding cost of bingo cards or opportunities to be posted in a conspicuous place at the bingo premises. (1) Information required to be posted, in addition to the Missouri bingo license, there shall be posted in a conspicuous place at the bingo premises, full information regarding the cost of bingo cards or opportunities or other information desired by the licensee, to include house rules which clearly explain how players are awarded prizes for bingo and pull tabs. AUTHORITY: section 313.065, RSMo Supp. 1993.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective CODE OF STATE REGULATIONS Division 45—Missouri Gaming Commission Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. *Original authority: 313.065, RSMo 1981, amended 1993. 11 CSR 45-30.155 Bingo Equipment Defined PURPOSE: This rule clarifies the definition of bingo equipment pursuant to section 313.005(3), RSMo. (1) In addition to the items listed in section 313.005(3), RSMo the following items are considered paraphernalia used in the conduct of a bingo or pull-tab game or event: (A) Bingo selection equipment which includes but not limited to bingo blowers, hoppers, squirrel cages, manual or electronic display boards, electronic bingo card monitoring devices, any equipment designated by the commission as bingo selection equipment; and (B) Pull-tabs and pull-tab dispensers. (2) Equipment used in the conduct of bingo must be maintained in good and proper working conditions. Equipment shall be operated in a manner so that each player is given an equal opportunity of winning. The object or balls to be drawn must be essentially the same as to size, shape, weight, and balance so that they are equally agitated and circulated within the receptacle and have an equal probability of being dispensed, selected, or drawn. The bingo cards used for play in regular or special games must be readily identifiable as to type. AUTHORITY: section 313.065 RSMo, 2000.* Original rule filed Nov. 10, 1998, effective June 30, 1999. Amended: Filed Dec. 1, 2004, effective June 30, 2005. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.160 Equipment (Rescinded June 30, 2005) AUTHORITY: section 313.065, RSMo Supp. 1993. Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Rescinded: Filed Dec. 1, 2004, effective June 30, 2005. (12/31/10) ROBIN CARNAHAN Secretary of State Chapter 30—Bingo 11 CSR 45-30 11 CSR 45-30.170 Records Required (Rescinded June 30, 2005) AUTHORITY: section 313.065, RSMo Supp. 1993. Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Rescinded: Dec. 1, 2004, effective June 30, 2005. 11 CSR 45-30.175 Organization (Operator) Record Keeping Requirements PURPOSE: This rule describes the record keeping requirements and record retention requirements for bingo organizations licensed by the commission, effective January 1, 1995. (1) An organization shall maintain complete, accurate, and legible general accounting records that contain sufficient detail to furnish information, which must be made available and recorded at each occasion, regarding all bingo game activity including the number of admission fees, if any, the number of bingo cards and pull-tab cards sold by category and price. Records shall be sufficient to adequately reflect gross receipts, as defined in 11 CSR 45-30.205, prizes awarded, expenses and other bingo game related transactions to include all bingo paper and pull-tab sales which accurately reflect the requirements and restrictions contained in the Missouri Constitution and Chapter 313, RSMo. (2) Allowable expenses shall be determined by the amount of money paid out for prizes and checks written for bingo related expenses pursuant to Chapter 313, RSMo. (3) Each organization shall deposit its bingo proceeds in a financial institution located in Missouri and shall perform a monthly reconciliation, which lists outstanding checks, deposits, and beginning and ending book balances for the month. (4) Copies of supplier invoices for all bingo paper, pull-tabs and bingo equipment purchased must be maintained and stored by the organization. (5) Winning bingo cards or bingo sheets for values of two hundred dollars ($200) or more must be signed by the winner, dated, and retained by the organization for a period of one (1) year. If the winning pattern was ROBIN CARNAHAN Secretary of State (12/31/10) achieved on a Braille bingo card, a photocopy of the Braille card must be signed, dated and retained for a period of (1) year. (6) All pull-tab flares must be retained by the organization for a period of one (1) year from the date the corresponding pull-tab game is completed or terminated upon prior approval by the commission. Each winning pull-tab card for values of one hundred dollars ($100) or more must be signed by the winner, dated, and retained by the organization for a period of one (1) year. (7) If sight-impaired players are sold Braille bingo cards for use during an occasion an equal amount of paper bingo cards shall be destroyed. (8) At the time each winning bingo card, bingo sheet, or pull-tab card is identified, it must be validated by either marking it with permanent ink or a hole punched by the operator so that it cannot be reused, resold or reclaimed. All pull-tab winners must be retained until the end of each occasion to determine prizes awarded. (9) All records not specified in sections (5), (6), or (7) of this rule, as well as all ledgers, receipts, and invoices required by this rule and Chapter 313, RSMo, must be retained for a period of two (2) years, unless prior written approval is received from the commission to retain any such record, ledger, receipt, or invoice for a period less than two (2) years, and stored in such a manner as to be immediately available for inspection by the commission upon demand. (10) Operators are only allowed to buy bingo paper, pull-tabs and bingo equipment from suppliers licensed by the commission. If violations of this restriction or other restrictions listed in this rule, or Chapter 313, RSMo, are identified by the commission, the operator’s license may be subject to suspension or revocation. The term bingo equipment and supplies does not include markers, cushions, bags and other incidentals. AUTHORITY: section 313.065, RSMo 2000.* Original rule filed Dec. 15, 1994, effective May 28, 1995. Amended: Filed Dec. 1, 2004, effective June 30, 2005. Amended: Filed Jan. 27, 2006, effective Sept. 30, 2006. Amended: Filed July 28, 2010, effective Jan. 30, 2011. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. CODE OF STATE REGULATIONS 11 CSR 45-30.180 Inventory, Ownership, and Leasing of Bingo Equipment PURPOSE: This rule requires that accurate records be maintained on the quantity and ownership of all equipment used directly in the conduct of bingo. (1) Accurate records must be maintained indicating the quantity and ownership of all equipment used directly in the conduct of bingo. Owner’s name must be indicated on the equipment. (2) Each licensee shall keep a separate inventory of bingo paper and pull-tab cards. Bingo paper and pull-tab cards purchased by one licensee may not be used during another licensee’s game without prior approval from the commission. (3) No bingo licensee that is the holder of a regular bingo license shall use bingo equipment in which the licensee does not have an ownership interest. Two (2) or more bingo licensees may enter into an agreement for the joint ownership of bingo equipment. No nonlicensee shall share any interest in the equipment except the security interest of an established financial institution. The equipment may not be purchased from a nonlicensee who has an interest in the premises on which the equipment is to be used. A copy of the purchase agreement may be requested by the commission and shall contain the following information: (A) The percentage of ownership; (B) The total cost of the co-ownership; (C) The amount and terms of any time payment (if applicable); (D) The name of the seller and other coowners; (E) Acceptable method(s) for sale or disposition of the co-ownership; and (F) A description of the bingo equipment purchased. (4) For the purposes of this rule the term “ownership interest” shall include a sole ownership interest, co-ownership interest, or lease interest in bingo equipment. (5) Bingo equipment shall only be leased from a licensed supplier. No lease providing for a rental arrangement for bingo equipment shall provide for payment in excess of the reasonable market rental rate for such equipment and in no case shall any payment be based on a percentage of gross receipts or profits derived from the game of bingo. 9 11 CSR 45-30—DEPARTMENT OF PUBLIC SAFETY (6) Except for Electronic Bingo Card Monitoring Devices (EBCMDs), a regular bingo licensee conducting a bingo occasion under a special bingo license may, during the occasion, use bingo equipment in which the licensee does not have an ownership interest. (7) A regular bingo licensee conducting a bingo occasion under a special bingo license shall not, during the occasion, use any EBCMDs in which the licensee does not have an ownership interest. AUTHORITY: section 313.065, RSMo 2000.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed Oct. 29, 1999, effective May 30, 2000. Amended: Filed Dec. 1, 2004, effective June 30, 2005. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.190 Rules of Play PURPOSE: This rule sets forth guidelines for the rules of play. (1) Except for pull-tab games, a bingo game begins with the first letter and number drawn (called). Bingo paper may be sold no more than two (2) hours prior to the start of the first bingo game, however, no pull-tab sales may start before 7:00 a.m. The paper and/or pull-tab sales time must be clearly posted in the licensee’s house or game rules. All bingo paper and/or pull tabs must be sold by approved workers and sales times are subject to approval by the commission. (2) The amount of the prize and the permissible winning combination must be clearly announced prior to the start of each game. Verification of the winner of each game shall be openly conducted in the presence of the majority of the players. In the event of multiple winners in any single game, substitute prizes, not to exceed the aggregate announced dollar prize of the game, shall be awarded. All seventy-five (75) objects or balls must be present within the receptacle before each game is started. The physical drawing of the objects shall be visible to the majority of players and numbers must be announced so that they are clearly heard by all players of that game. All disputes between the players and the licensed organization regarding prizes 10 must be settled between the player(s) and the organization. (3) When a player achieves the preannounced winning combination and the winning combination is verified, the next game must be commenced with a new bingo card or sheet. (4) The aggregate retail value of all prizes or merchandise awarded, except prizes or merchandise awarded by pull-tab cards and progressive bingo games, in any single day of bingo may not exceed three thousand six hundred dollars ($3,600). AUTHORITY: section 313.040, RSMo Supp. 2010 and section 313.065, RSMo 2000.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed Dec. 12, 1997, effective July 30, 1998. Amended: Filed May 13, 1998, effective Dec. 30, 1998. Amended: Filed Oct. 29, 1999, effective May 30, 2000. Amended: Filed Oct. 1, 2001, effective May 30, 2002. Emergency amendment filed July 28, 2010, effective Aug. 28, 2010, expired Feb. 23, 2011. Amended: Filed July 28, 2010, effective Jan. 30, 2011. *Original authority: 313.040, RSMo 1981, amended 1983, 1986, 1987, 1993, 1994, 1996, 2010 and 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.200 Merchandise Prizes PURPOSE: This rule sets forth guidelines for determining the retail price or fair market value of merchandise prizes. (1) When merchandise is awarded as a prize in a bingo game, its value shall be the suggested retail price or fair retail market value. Receipts for the purchase of merchandise or documentation as to the suggested retail price or fair market value of donated items to be awarded as merchandise prizes must be retained in the records of any licensee awarding the prizes to players or supplying the prizes to another licensee. (2) When merchandise is provided or included as a prize with a pull-tab game, its value shall be the suggested retail price or fair retail market value. Receipts for the purchase of merchandise prizes or documentation as to the suggested retail price or fair market value of donated items to be awarded as merchanCODE OF STATE REGULATIONS Division 45—Missouri Gaming Commission dise prizes must be retained in the records of any licensed manufacturer that invents, fabricates, assembles, or otherwise produces the pull-tab game. AUTHORITY: section 313.065, RSMo 2000.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed Dec. 1, 2004, effective June 30, 2005. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.205 Game Operation Definitions PURPOSE: This rule defines the accounting terms and reports which may be used to comply with the record keeping requirements for Class A, B and C licensees pursuant to section 313.045, RSMo and 11 CSR 45-30.210. (1) Gross receipts—all receipts from admission charges, sale of any bingo cards, pull-tab cards, or any item sold for which the proceeds are commingled with bingo funds. (2) Net income—all receipts over and above the actual cost of conducting the occasion. (3) Net receipts—gross receipts less bingo card prizes awarded and pull-tab card prizes awarded, plus starting cash. (4) Starting cash—any cash used to make change for the occasion. (5) Occasion Report—a report of activity conducted at each bingo or pull-tab occasion which includes, but is not limited to the date of the occasion, attendance (number of players), gross receipts, starting cash, prizes awarded, net receipts, and amount deposited. Each occasion report must be signed by the member in charge of the game, as a true and correct accounting of receipts and prizes awarded during each bingo or pull-tab occasion. Class A, B, and C licensees may use their own occasion reports, if the required information is contained in the report or use reports provided by the commission. Occasion reports are not required to be submitted to the commission unless the commission specifically requests the organization to submit a report for a specific occasion or series of occasions. (12/31/10) ROBIN CARNAHAN Secretary of State Chapter 30—Bingo 11 CSR 45-30 AUTHORITY: section 313.065, RSMo 2000.* Original rule filed Sept. 2, 1997, effective March 30, 1998. Amended: Filed Dec. 1, 2004, effective June 30, 2005. Amended: Filed July 28, 2010, effective Jan. 30, 2011. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.210 Reports PURPOSE: This rule requires each licensee to file reports only on forms supplied by the commission. (1) The forms necessary for the filing of any licensing or tax reporting requirements by this chapter, of each licensee shall be made on the forms supplied by the commission. (2) Alternative forms may be used if prior approval has been received from the commission. (3) Pursuant to section 313.045, RSMo, each licensed organization/operator must file with the commission a quarterly report for the preceding calendar quarter listing: 1) the number of games it has conducted during the quarter, 2) the gross receipts from each game, to include bingo card receipts and pull tabs, 3) an itemization of the cost of conducting each game, including prizes awarded, and the names of the person(s) to whom said expenses were paid, and 4) the purposes for which the net proceeds of each game were used and the amounts so used. The report is due the last day of each month following each calendar quarter except the fourth quarter report which will be due February 28. The first quarter is January through March, the second quarter is April through June, the third quarter is July through September, and the fourth quarter is October through December. The due dates will be April 30, July 31, October 31, and February 28, respectively. Reports not filed by the due dates will subject the licensee to the penalties described in 11 CSR 45-30.535 or the licensee/operator may have its license suspended or revoked pursuant to section 313.052, RSMo. (4) Each licensee must submit with their quarterly report a progressive game activity report for each progressive game conducted. The report must indicate the following: (A) Date of each occasion; (B) The progressive prize offered; (C) The consolation prize offered; (D) The number of balls needed to win the ROBIN CARNAHAN Secretary of State (12/31/10) progressive prize; and (E) The prize amount awarded. AUTHORITY: section 313.065, RSMo 2000.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed July 3, 1995, effective Jan 30, 1996. Emergency amendment filed Nov. 17, 1995, effective Nov. 27, 1995, expired May 24, 1996. Amended: Filed Nov. 17, 1995, effective April 30, 1996. Amended: Filed Oct. 29, 1999, effective May 30, 2000. Amended: Filed Dec. 1, 2004, effective June 30, 2005. Amended: Filed July 28, 2010, effective Jan. 30, 2011. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.220 Bank Account (Rescinded June 30, 2005) AUTHORITY: section 313.065, RSMo Supp. 1998. Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed Aug. 5, 1996, effective March 30, 1997. Amended: Filed Oct. 29, 1999, effective May 30, 2000. Rescinded: Filed Dec. 1, 2004, effective June 30, 2005. 11 CSR 45-30.225 Change of Day and/or Time of Bingo Occasion PURPOSE: This rule ment that a licensee obtain authorization prior to changing the bingo occasion. sets forth the requiresubmit a request and from the commission day and/or time of its (1) Each applicant for licensure or organization licensed to conduct bingo is required to state the day(s) and time(s) the bingo occasion(s) will be conducted in the relevant application. Upon issuance of a new or renewal license, each licensed organization shall conduct its bingo games on the day(s) and time(s) so stated in the application. A licensed organization may request a change in the day(s) and/or time(s) of its bingo occasion(s) in writing to the commission. The licensed organization may change the day(s) and/or time(s) of its bingo occasion(s) upon receipt of written authorization from the CODE OF STATE REGULATIONS commission. AUTHORITY: section 313.065, RSMo 2000.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed July 28, 2010, effective Jan. 30, 2011. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.235 Reasonable Market Rental Rate for Leased Premises and Leased Locations PURPOSE: This rule stipulates that information can be required by the commission to substantiate the rental rate charged by a lessor to a bingo licensee. (1) Pursuant to section 313.025(1), RSMo the reasonable market rental rate for leased premises on which bingo will be conducted shall be determined by the commission. In determining if the rental rate is reasonable, the commission may request the applicant for licensure or licensed organization to submit documentation to substantiate that the rental rate is reasonable. The type of documentation shall be at the discretion of the commission. (2) Hall providers who qualify to lease locations for the conduct of bingo may lease the location(s) to the type of (A), (B), and (C) licensees as described in 11 CSR 45-30.065, only if they have obtained a license from the commission. (3) Licensees may not sublease the premises to any other licensee for the purpose of conducting bingo. (4) Hall providers must charge each licensee their equal prorated amount of the rent which shall not exceed the prorated amount each licensee is charged for the same time under the terms of the lease. (A) Example: If a hall provider’s total weekly rental charge to four (4) bingo licensees is twelve hundred dollars ($1,200), the hall provider must charge each organization twenty-five percent (25%) of the weekly rental charge or in this example three hundred dollars ($300). (5) Each licensee is responsible for paying the rent directly to the licensed hall provider 11 11 CSR 45-30—DEPARTMENT OF PUBLIC SAFETY from a check drawn from the licensee’s bingo checking account. AUTHORITY: section 313.065, RSMo 2000.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed Dec. 1, 2004, effective June 30, 2005. Division 45—Missouri Gaming Commission brother-sister organization or were officers and employees of the organization, when the parent or brother-sister organization had its license revoked. AUTHORITY: section 313.065, RSMo Supp. 1993.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. *Original authority: 313.065, RSMo 1981, amended 1993. 11 CSR 45-30.240 Leased Locations (Rescinded June 30, 2005) 11 CSR 45-30.260 Workers—Restricted AUTHORITY: section 313.065, RSMo Supp. 1997. Emergency rule filed July 29, 1994, effective Aug. 11, 1994, expired Dec. 5, 1994. Original rule filed July 29, 1994, effective Jan. 29, 1995. Amended: Filed Nov. 10, 1998, effective June 30, 1999. Rescinded: Filed Dec. 1, 2004, effective June 30, 2005. PURPOSE: This rule prohibits any hall provider, manufacturer or supplier of bingo equipment or its agents to participate in the management, operation or conduct of bingo games. 11 CSR 45-30.250 Subsidiary Body—Application for License PURPOSE: This rule sets forth the guidelines by which the commission may grant a subsidiary body of a parent organization a license to conduct the game of bingo when the subsidiary body has been in existence for less than five years. (1) A subsidiary body, post, chapter or auxiliary which has been in existence for a period of less than five (5) years may apply for bingo license. The commission may grant the license if the subsidiary body is otherwise eligible and the subsidiary body is authorized, controlled and governed by a bona fide religious, charitable, fraternal, veteran or service organization which meets all qualifications including the five (5)-year existence requirement. Each member of the subsidiary body must also be a member of the parent organization. (2) A subsidiary body, post, chapter or auxiliary will not be granted or allowed to retain a license where persons involved in the management, operation or conduct of its game or its officers or employees were involved in the management, operation or conduct of games operated by its parent organization or by a 12 Participation of (1) No person, or the agents or employees thereof, who directly or indirectly leases the premises, as lessee sells, leases or otherwise distributes bingo supplies or equipment, or furnishes commodities or services to a bingo licensee shall take part in the management, operation or conduct of bingo games. (2) This restriction may be waived by the commission for nonprofit organizations who are also licensed hall providers. AUTHORITY: section 313.065, RSMo 1994.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed July 3, 1995, effective Jan. 30, 1996. (1) The word premises, as used in sections 313.005 to 313.085, RSMo, means an entire permanently affixed structure. The division of a structure by floors, rooms, or areas to create multiple premises for the conduct of bingo is prohibited. A bingo licensee must receive approval from the commission prior to using any structure in which it intends to play bingo. (2) The premises where any game of bingo is being conducted, or where any game of bingo is intended to be conducted, shall be open for inspection by the commission or its appointed representatives. The licensed hall provider or the licensed bingo organization/operator, or any entity determined by the commission or the courts required to have a license pursuant to Chapter 313, RSMo, must permit access to said premises during any reasonable time as requested by the commission or its representative. Licensed operators must make available for inspection all bingo products, records including bank statements, purchase invoices, disbursement records etc., pursuant to Chapter 313, RSMo, or the rules and regulations promulgated thereunder. (3) Pursuant to section 313.035, RSMo, no unauthorized gambling or gambling devices, as defined by Chapter 572, RSMo, shall be permitted on the premises used by a bingo licensee. The bingo licensee, its officers and agents shall be responsible for any violations that may occur. (4) The presence of gambling devices such as, but not limited to, slot machines, roulette wheels or other gambling games shall be prima facie evidence of violations of those provisions of Chapter 572, RSMo relating to gambling and gambling promoters. (5) The commission shall have the right to revoke or deny any license issued under Chapter 313, RSMo for any other violations related to illegal gaming and/or gambling under Missouri law. *Original authority: 313.065, RSMo 1981, amended 1993. 11 CSR 45-30.270 Premises Defined, Inspections, All Gambling and Gambling Devices Prohibited PURPOSE: This rule establishes the presumption that gambling violations which occur on a licensee’s premises during the period of bingo play have been sanctioned by the licensee, its officers and agents. CODE OF STATE REGULATIONS AUTHORITY: section 313.065, RSMo 2000.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Emergency amendment filed Nov. 17, 1995, effective Nov. 27, 1995, expired May 24, 1996. Amended: Filed Nov. 17, 1995, effective April 30, 1996. Amended: Filed Dec. 1, 2004, effective June 30, 2005. (12/31/10) ROBIN CARNAHAN Secretary of State Chapter 30—Bingo 11 CSR 45-30 *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.280 Net Receipts from Bingo and Bank Account PURPOSE: This rule explains the proper disposition of bingo receipts. (1) Pursuant to section 313.040.1, RSMo, the entire net receipts over and above the actual cost of conducting the game of bingo as enumerated in section 313.040.1, RSMo may be paid from the bingo checking account into the general treasury of the licensed bingo organization. All bingo funds paid into the general treasury of the licensed bingo organization shall be devoted exclusively to lawful, charitable, religious or philanthropic purposes of the licensed organization. However, no funds from any source shall be used to compensate anyone affiliated with the licensee for managing, conducting or operating the game of bingo or to provide any services or equipment for the game of bingo. (2) The bookkeeping or accounting records of the licensed organization shall completely and accurately reflect the net amount received from operating bingo. The total expenditures for lawful, charitable, religious or philanthropic purposes, from all revenue sources, shall equal or exceed the net receipts from bingo. (3) All receipts from each bingo occasion, less the amount awarded as cash prizes for that occasion, shall be deposited in a special bingo checking account in a financial institution located in Missouri no later than the next business day following the date of the bingo occasion. Disbursements for reasonable and necessary expenses incidental to the conduct of bingo games must be paid from the special bingo checking account on preprinted, serially numbered checks. Checks must be payable to a specific payee. At no time may checks be made payable to “cash.” An organization may use a debit transaction instead of a check; however, each debit transaction must be reported with other disbursements from the bingo checking account on the quarterly report as required by 11 CSR 45-30.210. All debit transactions must be documented with a receipt or other supporting documentation to ensure proper use of bingo proceeds. (4) If an organization uses starting cash, a check must be written to a financial institution, retail establishment, or to a charitable ROBIN CARNAHAN Secretary of State (12/31/10) organization to obtain the starting cash. The entire amount of the starting cash obtained by the organization must be redeposited into the bingo checking account no later than the next business day. An organization may use a debit transaction instead of a check to obtain starting cash from their bingo checking account, however, each debit transaction must be reported with other disbursements from the bingo checking account on the quarterly report, as required by 11 CSR 45-30.210. (5) Bingo operators may not deposit receipts from any other fund-raising activities of the organization into the bingo checking account; except as needed, game operators may transfer funds from another account into the bingo checking account to cover bingo game related expenses. Any monies deposited into the bingo checking account are deemed to be bingo proceeds and can only be used to pay bingo gaming expenses or for religious, charitable, or philanthropic purposes. (6) The commission upon request may examine any account into which bingo proceeds are deposited or transferred. (7) Any licensee who denies the commission access to any account into which bingo proceeds are deposited or transferred may have its license immediately suspended until such access is granted. AUTHORITY: section 313.065, RSMo 2000.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Amended: Filed Oct. 29, 1999, effective May 30, 2000. Amended: Filed Dec. 1, 2004, effective June 30, 2005. Amended: Filed Oct. 26, 2006, effective May 30, 2007. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.290 Co-Ownership of Bingo Equipment (Rescinded June 30, 2005) AUTHORITY: section 313.065, RSMo Supp. 1993. Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, CODE OF STATE REGULATIONS 1995. Rescinded: Filed Dec. 1, 2004, effective June 30, 2005. 11 CSR 45-30.300 Equipment Leases, Reasonable Market Rental Rate (Rescinded: June 30, 2005) AUTHORITY: section 313.065, RSMo Supp. 1993. Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. Rescinded: Filed Dec. 1, 2004, effective June 30, 2005. 11 CSR 45-30.335 Participation of Auxiliary, Post or Organization Members in Licensee’s Bingo Games PURPOSE: This rule clarifies that, for purposes of assisting in the management, conduct or operation of bingo games, members of a post’s or organization’s auxiliary and members of an auxiliary’s post or organization may assist in its bingo game. (1) For purposes of section 313.040(2), RSMo, if any post or organization, by its national charter, has established an auxiliary organization for spouses, then members of the auxiliary organization shall be considered bona fide members of the licensed organization and members of the post or organization shall be considered bona fide members of the auxiliary organization. Regardless of which organization is licensed, the responsibility for the overall management, conduct and operation of bingo games shall be that of the members as defined in the licensee’s constitution and/or bylaws. AUTHORITY: section 313.065, RSMo Supp. 1993.* Emergency rule filed June 21, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency rule filed Oct. 19, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Original rule filed July 11, 1994, effective Jan. 29, 1995. *Original authority: 313.065, RSMo 1981, amended 1993, 1995. 11 CSR 45-30.340 Participation of FullTime Employee, Full-Time Staff Member or Ordained Member of Clergy PURPOSE: This rule specifies the eligibility 13 11 CSR 45-30—DEPARTMENT OF PUBLIC SAFETY requirements and defines positions of individuals which are eligible to participate in the management, conduct or operation of bingo. (1) No full-time employee or full-time staff member employed by an organization licensed to conduct bingo may participate in the management, conduct or operation of bingo games until the time that the organization has submitted proof on forms prescribed by the commission to verify the eligibility of the employee or staff member to participate in the management, conduct, or operation of bingo. The commission shall approve or disapprove the participation of the full-time employee or full-time staff member within thirty (30) days of receipt of the proof of eligibility submitted by the organization. The commission may immediately suspend the participation of any full-time employee or full-time staff member upon determination by the commission that the employee or staff member is no longer eligible to participate in the management, conduct, or operation of bingo. (2) The organization of any full-time employee or full-time staff member whose participation has been disapproved or suspended by the commission may resubmit proof on forms prescribed by the commission to verify the employee or staff member’s eligibility to participate in the management, conduct, or operation of bingo at any time following the commission’s disapproval or suspension of the employee or staff member’s participation. The commission shall sustain, modify, or rescind the suspension of the full-time employee or full-time staff member or approve or disapprove the participation of the employee or staff member within thirty (30) days of receipt of the proof of eligibility resubmitted by the organization. No organizati