November 13, 2003, Introduced by Reps. Sheltrown, Brown, Rivet, Adamini and Elkins and referred to the Committee on Regulatory Reform.
A bill to amend 1972 PA 382, entitled
"Traxler-McCauley-Law-Bowman bingo act,"
by amending sections 3a, 4, 4a, 14, and 18 (MCL 432.103a,
432.104, 432.104a, 432.114, and 432.118), sections 3a and 4a as
added and sections 4, 14, and 18 as amended by 1999 PA 108, and
by adding section 7e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 3a. (1) "Equipment" means the objects and mechanical
2 or electromechanical devices used to determine or assist in
3 determining the winners of prizes at events licensed under this
4 act.
5 (2) "Event" means each occasion of a bingo, millionaire
6 party, raffle, charity game, or numeral game licensed under this
7 act.
8 (3) "Large bingo" means a series of bingo occasions that
1 occur on a regular basis during which the total value of all
2 prizes awarded through bingo at a single occasion does not exceed
3 $2,000.00 and the total value of all prizes awarded for 1 game
4 does not exceed $500.00, except that a prize awarded through a
5 Michigan progressive
jackpot bingo game shall not be is not
6 subject to these limitations.
7 (4) "Large raffle" means an event where the total value of
8 all prizes awarded
through raffle drawings exceed exceeds
9 $500.00 per occasion.
10 (5) "Location" means a building, enclosure, part of a
11 building or enclosure, or a distinct portion of real estate that
12 is used for the purpose of conducting events licensed under this
13 act. Location also means all components or buildings that
14 comprise 1 architectural entity or that serve a unified
15 functional purpose.
16 (6) "Manufacturer" means a person licensed under section 11c
17 who manufactures numeral game tickets for sale to suppliers for
18 use in an event.
19 (7) "Michigan progressive jackpot" means a bingo game
20 conducted in conjunction with a licensed large bingo occasion,
21 where the value of the prize is carried forward to the next bingo
22 occasion if no player bingos in a predetermined number of
23 allowable calls. Michigan progressive jackpot may include bingo
24 games conducted by more than 1 licensee that are linked together
25 for the purpose of a common jackpot prize and consolation prize
26 as prescribed by the commissioner.
27 (8) "Millionaire party" means an event at which wagers are
1 placed upon games of chance customarily associated with a
2 gambling casino through the use of imitation money or chips that
3 have a nominal value equal to or greater than the value of the
4 currency for which they can be exchanged.
5 (9) "Numeral game" means the random resale of a series of
6 numeral game tickets by a qualified organization under a numeral
7 game license or in conjunction with a licensed millionaire party
8 or large raffle.
9 (10) "Numeral game ticket" means a paper strip on which
10 preprinted numerals are covered by folding the strip and banding
11 the folded strip with a separate piece of paper, if upon breaking
12 the paper strip that bands the ticket, the purchaser discovers
13 whether the ticket is a winning ticket and the purchaser may be
14 awarded a merchandise prize.
15 (11) "Occasion" means the hours of the day for which a
16 license is issued.
17 (12) "Poker run" means an activity in which participants pay
18 admission fees, travel to a number of predetermined destinations,
19 obtain a card at each destination, and end at a final destination
20 where the winning participant or participants are determined
21 based on the cards obtained.
22 (13) (12) "Principal
officer" means the highest ranking
23 officer of the qualified organization according to its written
24 constitution, charter, articles of incorporation, or bylaws.
25 (14) (13) "Prize"
means anything of value, including, but
26 not limited to, money or merchandise that is given to a player
27 for attending or winning a game at an event. A nonmonetary item
1 is valued at its retail value.
2 (15) (14) "Single
gathering" means 1 scheduled assembly or
3 meeting with a specified beginning and ending time that is
4 conducted or sponsored by the qualified organization. Single
5 gathering does not include the regular operating hours of a club
6 or similar facility and does not include a meeting conducted
7 solely for the purpose of conducting a raffle.
8 (16) (15) "Small
bingo" means a series of bingo occasions
9 that occur on a regular basis during which the total value of all
10 prizes awarded through bingo at a single occasion does not exceed
11 $300.00 and the total value of all prizes awarded for a single
12 bingo game does not exceed $25.00.
13 (17) (16) "Small
raffle" means an event during which the
14 total value of all prizes awarded through raffle drawings does
15 not exceed $500.00 during 1 occasion.
16 (18) (17) "Special
bingo" means a single or consecutive
17 series of bingo occasions during which the total value of all
18 prizes awarded through bingo at a single occasion does not exceed
19 $2,000.00 and the total value of all prizes awarded for a single
20 bingo game does not exceed $500.00.
21 (19) (18) "Supplier"
means a person licensed under this act
22 to rent, sell, or lease equipment or to sell charity game or
23 numeral game tickets to qualified organizations licensed under
24 this act.
25 Sec. 4. (1) Each
applicant for a license to conduct a
26 bingo, a
millionaire party, raffle, charity game, or numeral
27 game, or poker run shall submit to the bureau a written
1 application on a form prescribed by the commissioner.
2 (2) The An
application under subsection (1) shall include
3 all of the following:
4 (a) The name and address of the applicant organization.
5 (b) The name and address of each officer of the applicant
6 organization.
7 (c) The Except
as provided in section 7e, the location at
8 which the applicant will conduct the event.
9 (d) The day or dates of the event.
10 (e) The member or members of the applicant organization who
11 will be responsible for the conduct of the event.
12 (f) Sufficient facts relating to the applicant's
13 incorporation or organization to enable the commissioner to
14 determine whether the applicant is a qualified organization.
15 (g) A sworn statement attesting to the nonprofit status of
16 the applicant organization, signed by the principal officer of
17 that organization.
18 (h) Other information required by this act or that the
19 commissioner considers necessary.
20 Sec. 4a. (1) Except as provided in subsections (2) and (3),
21 if the commissioner determines that the applicant is a qualified
22 organization and is not ineligible under section 18 and the
23 applicant has paid to the bureau the appropriate fee, the
24 commissioner may issue 1 or more of the following licenses:
25 License Fee
26 (a) Large bingo................ $150.00
27 (b) Small bingo................ $ 55.00
1 (c) Special bingo.............. $ 25.00
2 (d) Millionaire party.......... $ 50.00 per day
3 (e) Large raffle............... $ 50.00 per drawing date
4 (f) Small raffle: .............
5 (i) One to 3 drawing dates..... $ 15.00
6 (ii) Four or more drawing dates $ 5.00 per drawing date
7 (g) Annual charity game........ $200.00
8 (h) Special charity game....... $ 15.00 per day
9 (i) Numeral game............... $ 15.00 per day
10 (j) Poker run.................. $ 50.00
11 (2) Under extreme hardship conditions as determined by the
12 commissioner, the commissioner may waive 1 or more requirements
13 of a qualified organization described in section 3 to permit the
14 licensing of a special bingo, millionaire party, or raffle, if
15 all of the following conditions are met:
16 (a) The organization applying for the license is a nonprofit
17 organization.
18 (b) The entire proceeds of the event, less the actual
19 reasonable expense of conducting the event, are donated or used
20 for a charitable purpose, organization, or cause.
21 (c) None of the individuals connected with the conduct of the
22 event is compensated in any manner for his or her participation.
23 (d) The organization complies with all other provisions of
24 this act and rules promulgated under this act.
25 (3) Under extreme hardship conditions as determined by the
26 commissioner, the commissioner may allow an individual or a group
27 of individuals to obtain a license to conduct a special bingo,
1 millionaire party, or raffle if all of the following conditions
2 are met:
3 (a) The entire proceeds of the event, less the actual
4 reasonable expense of conducting the event, are donated or used
5 for a charitable purpose, organization, or cause.
6 (b) None of the individuals connected with the conduct of the
7 event is compensated in any manner for his or her participation.
8 (c) The individual or group of individuals complies with all
9 other provisions of this act and the rules promulgated under this
10 act.
11 (4) Each event license issued to a qualified organization is
12 valid for only the location included on the license.
13 (5) A license is not assignable or transferable.
14 (6) The licensee is responsible for ensuring that the events
15 are conducted in compliance with this act and rules.
16 (7) A licensee shall only conduct events licensed under this
17 act during the hours and on the day and date or dates stated on
18 the license.
19 Sec. 7e. (1) The commissioner may issue a poker run license
20 to a qualified organization.
21 (2) The application for a poker run license shall include, in
22 addition to the requirements of section 4, all of the following:
23 (a) Instead of a location, the exact address of each
24 destination and the route that the participants will follow.
25 (b) A statement that the qualified organization will hold
26 this state and its agencies, departments, commissions, and
27 employees harmless from any liability for personal injury, death,
1 or property damage that may result from the operation of the
2 poker run.
3 (c) A statement that the qualified organization will obtain
4 written agreement from each participant as required by subsection
5 (3).
6 (3) A qualified organization conducting a poker run shall
7 obtain a written agreement from each participant in the poker run
8 that the participant will not consume intoxicating liquor and
9 will abide by all traffic or other applicable laws, ordinances,
10 and regulations during the poker run. The qualified organization
11 shall ensure that a participant complies with the agreement.
12 Sec. 14. (1) Each licensee shall keep a record of each
13 event as required by the commissioner. The record and all
14 financial accounts into which proceeds from events licensed under
15 this act are deposited or transferred shall be open to inspection
16 by a duly authorized representative of the bureau during
17 reasonable business hours.
18 (2) Each licensee shall file with the commissioner a
19 financial statement signed by the principal officer of the
20 qualified organization of receipts and expenses related to the
21 conduct of each event as may be required by rule promulgated
22 under this act. If the revenue from a bingo game, millionaire
23 party, raffle, numeral
game, or charity game, or poker run is
24 represented to be used or applied by a licensee for a charitable
25 purpose, the licensee shall file a copy of the financial
26 statement with the attorney general under the supervision of
27 trustees for charitable purposes act, 1961 PA 101, MCL 14.251 to
1 14.266.
2 (3) The location at which events licensed under this act are
3 conducted or at which an applicant or licensee intends to conduct
4 an event licensed under this act shall be open to inspection at
5 all times by a duly an
authorized representative of the bureau
6 or by the state police or a peace officer of a political
7 subdivision of this state.
8 Sec. 18. (1) A licensee whose license is revoked in
9 consequence of a violation of this act or a rule promulgated
10 under this act is ineligible to apply for a license for a period
11 of 2 years.
12 (2) A person convicted of an offense under section 17 or any
13 other gambling offense is ineligible to serve as an officer of a
14 licensee or to participate in conducting bingo, a millionaire
15 party, raffle, numeral
game, or charity game, or poker run for
16 a period of 1 year after the conviction becomes final. If the
17 person is licensed under this act, the person shall forfeit the
18 license and is ineligible to apply for the issuance or reissuance
19 of the license for a period of 1 year after the conviction
20 becomes final.