313.057. Suppliers license required, background checks required, exceptions to licensure, qualifications, fee--records--pull-tab cards, tax on--restrictions on use--failure to pay tax, penalty.

MISSOURI STATUTES AND CODES

313.057. Suppliers license required, background checks required, exceptions to licensure, qualifications, fee--records--pull-tab cards, tax on--restrictions on use--failure to pay tax, penalty.

Suppliers license required, background checks required, exceptions tolicensure, qualifications, fee--records--pull-tab cards, taxon--restrictions on use--failure to pay tax, penalty.

313.057. 1. It is unlawful for any person, either as an owner, lesseeor employee, to operate, carry on, conduct or maintain any form ofmanufacturing, selling, leasing or distribution of any bingo equipment orsupplies without having first procured and maintained a Missouri bingoequipment and supplies manufacturer or supplier license.

2. The commission shall submit two sets of fingerprints for each keyperson, as defined in commission rules and regulations, of an entity ororganization seeking issuance or renewal of a Missouri bingo equipment andsupplies manufacturer or supplier license, for the purpose of checking theperson's prior criminal history when the commission determines a nationwidecheck is warranted. The fingerprint cards and any required fees shall be sentto the Missouri state highway patrol's central repository. The first set offingerprints shall be used for searching the state repository of criminalhistory information. The second set of fingerprints shall be forwarded to theFederal Bureau of Investigation, Identification Division, for the searching ofthe federal criminal history files. The patrol shall notify the commission ofany criminal history information or lack of criminal history informationdiscovered on the individual. Notwithstanding the provisions of section610.120, RSMo, all records related to any criminal history informationdiscovered shall be accessible and available to the commission.

3. The holder of a state bingo license may, within two years ofcessation of conducting bingo or upon specific approval by the commission,dispose of by sale in a manner approved by the commission, any or all of hisbingo equipment and supplies, without a supplier's license. In case offoreclosure of a lien by a bank or other person holding a security interestfor which bingo equipment is security in whole or in part for the lien, thecommission may authorize the disposition of the bingo equipment withoutrequiring a supplier's license.

4. Any person whom the commission determines to be a suitable person toreceive a license pursuant to the provisions of this section may be issued amanufacturer's or supplier's license. The commission may require suppliers topost a bond with the commission in an amount and in the manner prescribed bythe commission. The burden of proving his qualification to receive or hold alicense pursuant to this section is at all times on the applicant or licensee.

5. The commission shall charge and collect from each applicant for asupplier's license a one-time application fee set by the commission, not toexceed five thousand dollars. The commission shall charge and collect anannual renewal fee for each supplier licensee not to exceed one thousanddollars.

6. The commission shall charge and collect from each applicant for amanufacturer's license a one-time application fee set by the commission, notto exceed one thousand dollars. The commission shall charge and collect anannual renewal fee for each manufacturer licensee not to exceed five hundreddollars.

7. The commission shall charge and collect from each applicant for ahall provider's license a one-time application fee set by the commission, notto exceed seven hundred fifty dollars. The commission shall charge andcollect an annual renewal fee for each hall provider licensee not to exceedfive hundred dollars.

8. All licenses issued pursuant to this section shall be issued for thecalendar year and shall expire on December thirty-first of each year.Regardless of the date of application or issuance of the license, the fee tobe charged and collected pursuant to this section shall be the full annualfee.

9. All license fees collected pursuant to this section shall be paidover immediately to the state treasurer to be deposited to the credit of thegaming commission bingo fund.

10. All licensees pursuant to this section shall maintain for a periodof not less than three years full and complete records of all business carriedon in this state and shall make same available for inspection to any dulyauthorized representative of the commission. If a supplier does not receivepayment in full from an organization within thirty days of the delivery ofbingo supplies, the supplier shall notify the commission in writing, or in amanner specified by the commission in its rules and regulations, of thedelinquency. Upon receipt of the notice of delinquency, the commission shallnotify all suppliers that until further notice from the commission, all salesof bingo supplies to the delinquent organizations shall be on a cash-onlybasis. Upon receipt of the notice from the commission, no supplier may extendcredit to the delinquent organization until such time as the commissionapproves credit sales. If a manufacturer does not receive payment in fullfrom a supplier within ninety days of the delivery of bingo supplies, themanufacturer shall notify the commission in writing, or in a manner specifiedby the commission in its rules and regulations, of the delinquency. Uponreceipt of the notice of delinquency, the commission shall notify allmanufacturers that until further notice from the commission, all sales ofbingo supplies to the delinquent supplier shall be on a cash-only basis. Uponreceipt of the notice from the commission, no manufacturer may extend creditto the delinquent supplier until such time as the commission approves creditsales.

11. Until January 1, 1995, all suppliers shall pay a tax on all pull-tabcards distributed by them in the amount of ten dollars per box when sold byany organization licensed to conduct bingo pursuant to the provisions ofsections 313.005 to 313.080. No box sold shall contain more than twenty-fourhundred pull-tab cards. Beginning January 1, 1995, a tax is hereby imposed inthe amount of two percent of the gross receipts of the retail sales valuecharged for each pull-tab card sold in Missouri to be paid by the supplier.The taxes, less two percent of the total amount paid which may be retained bythe supplier, if timely filed and paid, shall be paid on a monthly basis tothe commission by each supplier of pull-tabs and shall be due on the last dayof each month following the month in which the pull-tabs were sold. The taxesshall be deposited in the state treasury, credited to the bingo proceeds foreducation fund. All pull-tab cards sold by suppliers in this state shall bearon the face thereof the amount for which such pull-tab cards will be sold, andthe license number of the supplier shall be printed on the inventory statementcommonly called the flare, enclosed in each unit container. Each unitcontainer shall contain cards printed in such a manner as to ensure that atleast sixty percent of the gross revenues generated by the ultimate sale ofsuch cards shall be returned to the final purchasers of such cards. Anysupplier who fails to pay the tax imposed pursuant to this subsection shallhave his license issued pursuant to this section revoked and shall be guiltyof a class A misdemeanor.