313.040. Restrictions, penalties. - Missouri Statutes

Restrictions, penalties.

313.040. The conducting of bingo is subject to the followingrestrictions:

(1) (a) The entire net receipts over and above the actual cost ofconducting the game shall be exclusively devoted to the lawful, charitable,religious or philanthropic purposes of the organization permitted toconduct that game and no receipts shall be used to compensate in any mannerany person who works for or is in any way affiliated with the licensedorganization. Any person who violates the provisions of this paragraphshall be guilty of a class D felony;

(b) Proceeds from the game of bingo may not be loaned to any person,except that this provision shall not prohibit the investment of theproceeds in any licensed banking or savings institution, instrument of theUnited States, Missouri, or any political subdivision thereof. Any personwho violates the provisions of this paragraph shall be guilty of a class Cmisdemeanor; and

(c) The actual cost of conducting the game shall only include thefollowing:

a. The cost of the prizes;

b. The purchasing of the bingo cards from a licensed supplier;

c. The purchasing or leasing of the equipment used in conducting thegame;

d. The lease rental on the premises in which the game is conducted toinclude an allocation of utility costs, if applicable, costs of providingsecurity, including the employment of a reasonable number of securitypersonnel at a compensation level which complies with rules and regulationspromulgated by the commission and such personnel is actually present andengaged in security duties, and bookkeeping and accounting expenses;

e. The actual cost of providing reasonable janitorial services. Thecost of such services shall not be above the fair market rate charged forsimilar services in the community where the bingo game is being conducted;

f. Subject to constitutional restrictions, if any, the fair marketcost of advertising each bingo occasion. Such advertising shall beprocured in accordance with the rules and regulations of the commission;

(2) No person shall participate in conducting or managing the game ofbingo except a person who has been a bona fide member of the licensedorganization for at least two years immediately preceding suchparticipation, who is not a paid staff person of the licensed organizationemployed and compensated specifically for conducting or managing the gameof bingo and who volunteers the time and service necessary to conduct thegame. Subject to constitutional restrictions, if any, no person shallparticipate in the actual operation of the game of bingo under thedirection of a person conducting or managing the game of bingo, except aperson who has been a bona fide member of the licensed organization for atleast one year immediately preceding such participation, who is not a paidstaff person of the licensed organization employed and compensatedspecifically for operating the game of bingo and who volunteers the timeand service necessary to operate the game. If any post or organization, byits national charter, has established an auxiliary organization forspouses, then members of the auxiliary organization shall be consideredbona fide members of the licensed organization and members of the post ororganization shall be considered bona fide members of the auxiliaryorganization for the purposes of this subdivision. Any person who is aduly ordained member of the clergy and any person who is a full-timeemployee or staff member of the licensed organization employed for at leasttwo years by that organization in a capacity not directly related to theconducting or managing of the game of bingo, who has specific assignedduties under a definite job description with the licensed organization, andwho volunteers time and assistance to the organization without compensationfor such time and assistance in the conducting and managing of the game ofbingo by the organization shall not be considered a paid staff person forthe purposes of this subdivision. No full-time employee or staff membershall volunteer such time and assistance to more than one organization normore than one day in any week. The commission shall establish guidelinesfor the determination of whether a person is a paid staff person within themeaning of this subdivision and shall specifically approve any full-timeemployee or staff member of the organization before such employee or staffmember may volunteer time and assistance in the conducting and managing ofbingo games for any organization. The commission may suspend the approvalof any employee or staff member;

(3) No person, firm, partnership or corporation shall receive anyremuneration, profit or gift for participating in the management, conductor operation of the game, including the granting or use of bingo cardswithout charge or at a reduced charge from the licensed organization orfrom any other source;

(4) The aggregate retail value of all prizes or merchandise awarded,except prizes or merchandise awarded by pull-tab cards and progressivebingo games, in any single day of bingo may not exceed three thousand sixhundred dollars and the prize awarded for any one game, other thanprogressive bingo games authorized pursuant to section 313.013, may notexceed five hundred dollars cash or its equivalent. No more than onefive-hundred-dollar prize, other than prizes in progressive bingo games,shall be awarded on any single day of bingo;

(5) The number of games may not exceed sixty-two in any one day,including regular and special games. For purposes of this subdivision, theuse of a pull-tab card and progressive bingo games shall not count as oneof the sixty-two games per day, as limited by this subdivision, but nopull-tab card may be used except in conjunction with one of such sixty-twogames;

(6) The price paid for a single bingo card under the license may notexceed one dollar. The commission may establish by rule or regulation thenumber of bingo cards which may be placed on a single bingo sheet. Theprice for a single pull-tab card may not exceed one dollar. The price fora single special game bingo card may not exceed fifty cents. A licenseemay not require a minimum number of cards to be purchased by anyindividual;

(7) The number of bingo days conducted by a licensee under theprovisions of sections 313.005 to 313.080 shall be limited to one day perweek;

(8) Any person, officer or director of any firm or corporation, andany partner of any partnership renting or leasing to a licensedorganization equipment or premises for use in a game shall meet all thequalifications set forth in subdivisions (1) to (5) and (8) of section313.035 and shall not be a paid staff person of the licensee. Proof ofcompliance with this subdivision shall be submitted to the commission bythe licensee in the manner required by the commission;

(9) Subject to constitutional restrictions, if any, an organizationlicensed to conduct bingo in the state of Missouri may advertise a bingooccasion or special event bingo if expenditures for advertisement do notexceed two percent of the total amount expended from receipts of bingoconducted by the licensed organization for charitable, religious orphilanthropic purposes. No advertising for any bingo occasion or occasionsconducted by any organization shall include any reference to an aggregatevalue of bingo prizes which exceed the amount authorized by law to be paidout in a single bingo occasion;

(10) No person under the age of sixteen years may play or participatein the conducting of bingo. Any person under the age of sixteen years maybe within the area where bingo is being played only when accompanied by hisparent or guardian;

(11) No licensee shall lease premises in which it conducts bingogames from someone who is not a hall provider licensed by the commission;

(12) No licensee shall pay any consulting fees to any person for anyservice performed in relation to the bingo game;

(13) No licensee shall pay concession fees to any person who providesrefreshments to the participants in the bingo game;

(14) No licensee shall conduct a bingo session at any time during theten-hour period between midnight and 10:00 a.m.;

(15) No licensee, while a bingo game is being conducted, shallknowingly permit entry to any part of the licensed premises to any personof notorious or unsavory reputation or who has an extensive police recordor who has been convicted of a felony;

(16) No vending machine or any mechanized coin-operated machine maybe used to sell pull-tab cards or to pay prize money, merchandise gifts orany other form of a prize;

(17) No rented or reusable bingo cards may be used to conduct anygame. All games must be conducted with disposable paper bingo cards thatare marked by permanent ink as prescribed by the rules and regulations ofthe commission;

(18) No licensee shall purchase or use any bingo supplies from aperson who is not licensed by the state of Missouri as a bingo supplier.

(L. 1981 H.B. 322 § 8, A.L. 1983 H.B. 95 & 223, A.L. 1984 H.B. 1356 merged with S.B. 720, A.L. 1986 S.B. 461, A.L. 1987 S.B. 55, A.L. 1993 S.B. 10 & 11, A.L. 1994 S.B. 427, A.L. 1996 H.B. 1159)