Session of 1998
SENATE BILL No. 692
By Committee on Federal and State Affairs
3-25
9
AN ACT concerning bingo; relating to the
regulation thereof; imposing
10 a tax on the
distribution of bingo faces; amending K.S.A. 79-4701,
11 79-4704, 79-4705,
79-4705a, 79-4706, 79-4712a and 79-4713 and re-
12 pealing the existing
sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section 1. K.S.A.
79-4701 is hereby amended to read as follows:
16 79-4701. As used in this act, each of the
following words and phrases shall
17 have the following meaning unless the
context otherwise requires:
18 (a) ``Bingo'' means the
games of call bingo and instant bingo.
19 (b) ``Call bingo'' means
a game in which each participant must pay a
20 charge and a prize or prizes are awarded to
the winner or winners in
21 which each participant receives one or more
cards or in which a card or
22 cards bingo faces or in
which a bingo face or faces are included in a paper
23 game program booklet each of which
is marked off into 25 squares ar-
24 ranged in five horizontal rows of
five squares each and five vertical rows
25 of five squares each, with each
square being designated by number, letter
26 or combination of numbers and
letters, and only the center square des-
27 ignated with the word ``free'' with
no two cards being identical, with the
28 players covering squares on each bingo
face as the operator of such game
29 announces a number, letter or combination
of numbers and letters ap-
30 pearing on an object selected by chance,
either manually or mechanically
31 from a receptacle in which have been placed
objects bearing numbers,
32 letters or combinations of numbers and
letters corresponding to the sys-
33 tem used for designating the squares, with
the winner of each game being
34 the player or players first properly
covering a predetermined and an-
35 nounced pattern of squares upon the
card or a card bingo face or a bingo
36 face which is included in a paper
game program booklet being used by
37 such player or players. ``Call bingo'' does
not include any game utilizing
38 an electronic or computerized card
system.
39 (c) ``Instant bingo''
means a game: (1) In which each participant must
40 pay a charge; (2) in which a prize or
prizes are awarded to the winner or
41 winners; (3) in which each participant
receives one or more disposable
42 pull-tab or break-open tickets which accord
a participant an opportunity
43 to win something of value by opening or
detaching the paper covering
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1 from the back of the ticket to reveal
a set of numbers, letters, symbols or
2 configurations, or any combination
thereof; (4) which is conducted by a
3 licensee under this act; (5) the
conduct of which must be in the presence
4 of the participants; and (6) which
does not utilize any dice, normal playing
5 cards, instant ticket with a
removable latex covering or slot machines.
6 ``Instant bingo'' does not include
any game utilizing electronically gen-
7 erated or computer-generated
tickets.
8
(d) ``Bingo card distributor''
``Distributor'' means any person or entity
9 that sells or otherwise distributes
instant bingo tickets or disposable paper
10 call bingo cards bingo
faces to licensees under this act.
11 (e) ``Nonprofit
religious organization'' means any organization,
12 church, body of communicants, or group,
gathered in common member-
13 ship for mutual support and edification in
piety, worship, and religious
14 observances, or a society of individuals
united for religious purposes at a
15 definite place and of which no part of the
net earnings inures to the
16 benefit of any private shareholder or
individual member of such organi-
17 zation, and which religious organization
maintains an established place of
18 worship within this state and has a regular
schedule of services or meet-
19 ings at least on a weekly basis and has
been determined by the secretary
20 of revenue to be organized and created as a
bona fide religious organi-
21 zation and which has been exempted from the
payment of federal income
22 taxes as provided by section 501(c)(3) or
section 501(d) of the federal
23 internal revenue code of 1954, as amended,
or determined to be organ-
24 ized and operated as a bona fide nonprofit
religious organization by the
25 secretary of revenue.
26 (f) ``Nonprofit
charitable organization'' means any organization which
27 is organized and operated for:
28 (1) The relief of
poverty, distress, or other condition of public con-
29 cern within this state; or
30 (2) for financially
supporting the activities of a charitable organization
31 as defined in paragraph (1); or
32 (3) for conferring
direct benefits on the community at large; and of
33 which no part of the net earnings inures to
the benefit of any private
34 shareholder or individual member of such
organization and has been de-
35 termined by the secretary of revenue to be
organized and operated as a
36 bona fide charitable organization and which
has been exempted from the
37 payment of federal income taxes as provided
by sections 501(c)(3),
38 501(c)(4), 501(c)(5), 501(c)(6) and
501(c)(7) of the federal internal rev-
39 enue code of 1954, as amended, or
determined to be organized and op-
40 erated as a bona fide nonprofit charitable
organization by the secretary
41 of revenue.
42 (g) ``Nonprofit
fraternal organization'' means any organization within
43 this state which exists for the common
benefit, brotherhood, or other
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1 interests of its members and is
authorized by its written constitution,
2 charter, articles of incorporation or
bylaws to engage in a fraternal, civic
3 or service purpose within this state
and has been determined by the sec-
4 retary of revenue to be organized and
operated as a bona fide fraternal
5 organization and which has been
exempted from the payment of federal
6 income taxes as provided by section
501(c)(8) or section 501(c)(10) of the
7 federal internal revenue code of
1954, as amended, or determined to be
8 organized and operated as a bona fide
nonprofit fraternal organization by
9 the secretary of revenue.
10 (h) ``Nonprofit
educational organization'' means any public or private
11 elementary or secondary school or
institution of higher education which
12 has been determined by the secretary of
revenue to be organized and
13 operated as a bona fide educational
organization and which has been
14 exempted from the payment of federal income
taxes as provided by sec-
15 tion 501(c)(3) of the federal internal
revenue code of 1954, as amended,
16 or determined to be organized and operated
as a bona fide nonprofit
17 educational organization by the secretary
of revenue.
18 (i) ``Nonprofit
veterans' organization'' means any organization within
19 this state or any branch, lodge, or chapter
of a national or state organi-
20 zation within this state, the membership of
which consists exclusively of
21 individuals who qualify for membership
because they were or are mem-
22 bers of the armed services or forces of the
United States, or an auxiliary
23 unit or society of such a nonprofit
veterans' organization the membership
24 of which consists exclusively of
individuals who were or are members of
25 the armed services or forces of the United
States, or are cadets, or are
26 spouses, widows or widowers of individuals
who were or are members of
27 the armed services or forces of the United
States, and of which no part
28 of the net earnings inures to the benefit
of any private shareholder or
29 individual member of such organization, and
has been determined by the
30 secretary of revenue to be organized and
operated as a bona fide veterans'
31 organization and which has been exempted
from the payment of federal
32 income taxes as provided by section
501(c)(4) or 501(c)(19) of the federal
33 internal revenue code of 1954, as amended,
or determined to be organ-
34 ized and operated as a bona fide nonprofit
veterans' organization by the
35 secretary of revenue.
36 (j) ``Lessor'' means the
owner, coowner, lessor or sublessor of prem-
37 ises upon which a licensee is permitted to
manage, operate or conduct
38 games of bingo, whether or not a written
lease has been entered into and
39 submitted to the secretary of revenue as
required in subsection (c) of
40 K.S.A. 79-4703, and amendments
thereto, and includes all political sub-
41 divisions and other public agencies.
42 (k) ``Premises'' means
any room, hall, building, enclosure or outdoor
43 area used for the management, operation or
conduct of a game of bingo.
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1 (l) ``Bingo
face'' means a piece of paper which is marked off into 25
2 squares arranged in five
horizontal rows of five squares each and five
3 vertical columns of five squares
each, with each square being designated
4 by a number, letter or combination
of numbers and letters and only one
5 square designated with the word
``free''. No two bingo faces in the same
6 game shall be identical. Bingo
faces shall be disposable and shall not be
7 reused after the game in which a
player has used such bingo face.
8
Sec. 2. K.S.A. 79-4704 is hereby amended to read as
follows: 79-
9 4704. For the purpose of providing
revenue which may be used by the
10 state, counties and cities and for the
privilege of operating or conducting
11 games of bingo under the authority of this
act:
12 (a) There is hereby
levied and there shall be collected and paid by
13 each licensee a tax at the rate of
3% upon the gross receipts received by
14 the licensee from charges for
participation in call bingo games and any
15 admission fees or charges in
connection therewith. The tax imposed by
16 this section shall be in addition
to the license fee imposed under K.S.A.
17 79-4703 and amendments
thereto distributor a tax at a rate of .04 cent
18 upon each bingo face sold by the
distributor to each licensee conducting
19 call bingo games within the state of
Kansas. The distributor shall include
20 the tax due under this subsection in the
sales price of each bingo face paid
21 by the licensee and such tax shall be
itemized separately on the invoice
22 provided to the licensee.
23 (b) There is hereby
levied and there shall be collected and paid by
24 each bingo card
distributor a tax at a rate of 1% upon the total of the
25 printed retail sales price of all tickets
in each box of instant bingo tickets
26 sold by the distributor to each licensee
conducting instant bingo games
27 within the state of Kansas. The
bingo card distributor shall include the
28 tax due under this subsection in the sales
price of each box paid by the
29 licensee and such tax shall be itemized
separately on the invoice provided
30 to the licensee.
31 (c) Whenever, in the
judgment of the secretary of revenue, it is nec-
32 essary, in order to secure the collection
of the tax due under subsection
33 (b) this section,
the secretary shall require any bingo card
distributor
34 subject to such tax to file a bond with the
director of taxation under
35 conditions established by and in such form
and amount as prescribed by
36 rules and regulations adopted by the
secretary.
37 Sec. 3. K.S.A.
79-4705 is hereby amended to read as follows: 79-
38 4705. (a) On dates prescribed by the
director of taxation, every licensee
39 operating or conducting a game of bingo
shall make a return report to
40 the director of taxation upon forms
prescribed by the director stating: (1)
41 The name and address of the
organization,; (2) the amount of the
gross
42 receipts received from charges for
admission or participation in such
43 game during the preceding reporting
period,; (3) the number of bingo
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1 faces and the name of the
distributor from whom such faces were pur-
2 chased or otherwise obtained
during the preceding reporting period; (4)
3 the number of each denomination of
instant bingo tickets sold during the
4 preceding reporting period;
and (5) such other information as the director
5 may deem necessary. The
licensee making the return shall, at the time
6 of making such return, pay to
the director of taxation the amount of the
7 tax then due under K.S.A.
79-4704 and amendments thereto. The director
8 may extend the time for making
returns and payment of such taxes
reports
9 for a period not exceeding 60 days
under rules and regulations adopted
10 by the secretary of revenue.
11 (b) On dates prescribed
by the director of taxation, every bingo card
12 distributor shall make a return to the
director of taxation upon forms
13 prescribed by the director, listing the
number of instant bingo tickets sold
14 to each licensee, the amount of the retail
sales price of such tickets, the
15 number of disposable paper
call bingo faces sold to each licensee, the
16 amount of the wholesale price of such
bingo faces and such other infor-
17 mation as the director may deem necessary.
The distributor making the
18 return shall, at the time
of making such return, shall pay to the director
19 of taxation the amount of tax then due
on the instant bingo tickets under
20 K.S.A. 79-4704, and amendments
thereto.
21 (c) If any licensee or
bingo card distributor fails to make a report
or
22 return, or to pay any tax, when required to
do so by the provisions of this
23 act, except in the case of an extension of
time granted by the director of
24 taxation, there shall be added to the tax
determined to be due a penalty
25 of 25% of the amount of such tax, together
with interest at the rate per
26 month prescribed by subsection (a) of
K.S.A. 79-2968, and amendments
27 thereto, from the date the tax was
due until paid.
28 (d) If any tax
determined and assessed by the director of taxation is
29 unpaid due to fraud with intent to evade
the tax imposed by this act, there
30 shall be added thereto a penalty of
fifty percent 50% of the amount of
31 such tax, together with interest at the
rate per month prescribed by sub-
32 section (a) of K.S.A. 79-2968, and
amendments thereto, from the date
33 the tax was due until paid.
34 (e) Whenever, in the
judgment of the director of taxation, the failure
35 of any licensee or bingo
card distributor to comply with the provisions of
36 subsection (a) or (b) was due to reasonable
cause, the director of taxation
37 may, in the director's
discretion, may waive or reduce any of the penalties
38 or interest imposed by this section, upon
making a record of the reason
39 therefor.
40 (f) The penalties
imposed under this section shall be in addition to,
41 and in no way shall abridge, supersede, or
contravene, other penalties
42 imposed by this act for violation of the
provisions of this act.
43 Sec. 4. K.S.A.
79-4705a is hereby amended to read as follows: 79-
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1 4705a. (a) For the purpose of
ascertaining the correctness of any report
2 or return or for the purpose
of determining the receipts and payments
3 of any licensee, the secretary of
revenue shall have power to examine, or
4 cause to be examined by any agent or
representative designated by the
5 secretary for that purpose, any
books, papers, records or memoranda,
6 bearing upon the matters required to
be included in the records of the
7 licensee, and may require the
attendance of the licensee in the county
8 where the licensee resides, or where
the location or registered premises
9 for bingo games are located, or of
any person having knowledge relating
10 to such records, and may take testimony and
require proof of such person
11 or persons.
12 (b) The secretary of
revenue may issue subpoenas to compel access
13 to or for the production of such books,
papers, records or memoranda in
14 the custody of or to which the licensee has
access, or to compel the
15 appearance of such persons, and may issue
interrogatories to any such
16 person to the same extent and subject to
the same limitations as would
17 apply if the subpoena or interrogatories
were issued or served in aid of a
18 civil action in the district court. The
secretary or an agent or represen-
19 tative designated by the secretary for that
purpose may administer oaths
20 and take depositions to the same extent and
subject to the same limita-
21 tions as would apply if the deposition was
in aid of a civil action in the
22 district court. In case of the refusal of
any person to comply with any
23 subpoena or interrogatory or to testify to
any matter regarding which such
24 person may be lawfully questioned, the
district court of any county may,
25 upon application of the secretary, order
such person to comply with such
26 subpoena or interrogatory or to testify.
Failure to obey the court's order
27 may be punished by the court as contempt.
Subpoenas or interrogatories
28 issued under the provisions of this section
may be served upon individuals
29 and corporations in the manner provided in
K.S.A. 60-304, and amend-
30 ments thereto, for the service of
process by any officer authorized to serve
31 subpoenas in civil actions or by the
secretary of revenue or an agent or
32 representative designated by the
secretary.
33 Sec. 5. K.S.A.
79-4706 is hereby amended to read as follows: 79-
34 4706. Games of bingo managed, operated or
conducted by organizations
35 licensed under the provisions of this act
shall be managed, operated or
36 conducted subject to rules and regulations
adopted by the secretary of
37 revenue and the following restrictions:
38 (a) The entire gross
receipts received by any such organization from
39 the operation or conduct of games of bingo,
except that portion utilized
40 for the payment of the cost of prizes and
license fees and taxes imposed
41 under the provisions of this act, shall be
used exclusively for the lawful
42 purposes of the organization permitted to
conduct that game.
43 (b) No person except a
bona fide member or spouse of a bona fide
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1 member of the sponsoring organization
or parent organization or an aux-
2 iliary unit or society of such
sponsoring organization may participate in
3 the management, conduct or operation
of any game of bingo.
4 (c) No lessor, any
employee of any such lessor or any employee, of-
5 ficer or shareholder of a for profit
corporation which is the lessor, shall
6 play any game of bingo on premises
leased by any such lessor or shall be
7 responsible for or assist in the
management, operation or conduct of any
8 game of bingo on such premises.
9 (d) No person may
participate in the management, conduct or op-
10 eration of bingo games if such person,
within five years prior to such
11 participation, has been convicted of or
pleaded guilty or nolo contendere
12 to any felony or illegal gambling activity
or purchased a tax stamp for
13 wagering or gambling activity.
14 (e) No person may
receive any remuneration or profit for participat-
15 ing in the management, conduct or operation
of any game of bingo.
16 (f) The aggregate value
of all prizes including the retail value of all
17 merchandise awarded or offered by any such
organization on any single
18 day to winners of games of call bingo shall
not exceed $1,200, and any
19 prize awarded in cash of $100 or more shall
be paid by a check drawn on
20 the bingo trust bank account of the
licensee.
21 (g) The total number of
call bingo games managed, operated or con-
22 ducted by any licensee in any one day shall
not exceed 25 and not more
23 than five of such games shall be jackpot or
special games and not more
24 than one licensee may conduct bingo games
at a given location or regis-
25 tered premises in any one calendar day.
26 (h) The prize awarded in
any one regular call bingo game shall not
27 exceed $50 in cash or its equivalent and
such prize in any one jackpot or
28 special call bingo game shall not exceed
$500 in cash or its equivalent.
29 (i) The retail value of
any merchandise received by a winner of a
30 bingo game shall be considered as the cash
value for the purposes of
31 determining the value of the prize.
32 (j) The charge
made for a single reusable card or equivalent number
33 of disposable paper cards to play
in call bingo games other than jackpot
34 or special games shall not exceed
$1 and such reusable card or equivalent
35 number of disposable paper cards
shall be valid for all such regular call
36 bingo games conducted or operated
by the licensee on a particular day.
37 The charge made for a single
reusable card or disposable paper card to
38 play in any single jackpot or
special game shall not exceed $1. Paper game
39 program booklets with multiple
bingo cards printed on the pages thereof
40 are permitted so long as the charge
made for a regular game program
41 booklet does not exceed $1, except
that the charge for such game program
42 booklet may be increased by an
amount not exceeding $1 for each single
43 jackpot or special game in the game
program booklet. The charge made
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1 for a single instant bingo ticket
shall not exceed $1.
2 (k) Games of bingo
shall not be managed, operated or conducted by
3 any licensee on more than two
calendar days in any one week.
4 (l) All licenses
issued under the provisions of this act shall be issued
5 in the name of the organization
licensed.
6 (m) Each licensee
shall keep a record of all bingo games managed,
7 operated or conducted by it for a
period of three years following the date
8 the game is managed, operated or
conducted.
9 (n) No person
under the age of 18 years shall participate in the man-
10 agement, operation or conduct of any game
of bingo managed, operated
11 or conducted under the provisions of this
act and no licensee shall sell
12 any instant bingo ticket to a person under
the age of 18 years.
13 (o) A lessor of premises
used for the management, operation or con-
14 duct of bingo or a licensee may not
advertise bingo games except to the
15 extent and in the manner prescribed by the
rules and regulations adopted
16 by the secretary of revenue, and any
advertisement of any bingo game by
17 or on behalf of such lessor or licensee
shall specify the organization which
18 is managing, operating or conducting the
bingo game. For the purposes
19 of this act and rules and regulations of
the secretary of revenue, an-
20 nouncement of the cancellation of a game of
bingo shall not be considered
21 to be an advertisement.
22 (p) No lessor of
premises used for the management, operation or
23 conduct of any games of bingo or any
licensee shall offer an opportunity
24 to participate in a game of chance,
drawing, contest, door prize, game,
25 test of skill, lottery or any similar
activity as an inducement to participate
26 in games of bingo nor as a bingo prize or
preliminary to the awarding of
27 a bingo prize.
28 (q) No licensee shall
manage, operate or conduct bingo on any leased
29 premises or with leased equipment unless
all of the terms and conditions
30 of rental or use, including the rental of
chairs, bingo equipment, tables,
31 security guards, janitor service or any
other services, are set forth in a
32 lease submitted, approved and on file with
the secretary of revenue.
33 (r) No premises shall be
used for the management, operation or con-
34 duct of bingo games on more than three
calendar days in any one week.
35 (s) No premises shall be
subdivided to provide multiple premises
36 where games of bingo are managed, operated
or conducted, whether or
37 not the multiple premises have different
addresses.
38 (t) No game of bingo
shall be managed, operated or conducted on
39 leased premises if at any time during the
immediately preceding 44 hours
40 the premises, or any leased premises within
1,000 feet of them, have been
41 used for the management, operation or
conduct of a game of bingo.
42 (u) Every licensee who
has gross receipts of $1,000 or more received
43 from participation in games, admission fees
or charges and from any other
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1 source directly related to the
operation or conduct of any bingo games in
2 any calendar month shall maintain a
bingo trust bank account into which
3 all such receipts are deposited daily
and from which all payments are
4 made relating to the management,
operation or conduct of any bingo
5 games, except payment of prizes of
less than $100. Having once estab-
6 lished such bingo trust bank account,
the licensee shall continue to make
7 deposits of all receipts therein.
Every licensee shall notify the secretary
8 of revenue of the name of the bank in
which the bingo trust bank account
9 is maintained, together with the
number and name of the account. Every
10 licensee who maintains a bingo trust bank
account shall maintain a com-
11 plete record of all deposits and
withdrawals from such bank account and
12 the same shall be available to the
secretary of revenue or the secretary's
13 agents or investigators to audit at any
reasonable time.
14 (v) The records required
under subsection (u) are in addition to all
15 other records required to be kept by the
licensee by statute or rules and
16 regulations. The records required by
subsection (u) shall be maintained
17 in the same place as all other records
required to be kept by the licensee.
18 (w) No instant bingo
ticket shall be sold by a licensee more than one
19 hour prior to the start of the first game
of call bingo for the day or after
20 the termination of the last game of call
bingo operated or conducted by
21 the licensee for such calendar day.
22 (x) No licensee shall
purchase disposable paper call bingo
cards faces
23 or instant bingo tickets from any person or
entity other than a bingo card
24 distributor registered by the secretary of
revenue as provided in this act.
25 (y) All instant bingo
tickets sold or distributed to licensees shall bear
26 on the face thereof a unique serial number
which shall not be repeated
27 on the same manufacturer's form number less
than every three years. All
28 instant bingo tickets shall be sold or
distributed in boxes, and each box
29 shall be sealed by the manufacturer with a
seal which includes a warning
30 to the purchaser that the box may have been
tampered with if the box
31 was received by the purchaser with the seal
broken. Each box of instant
32 bingo tickets shall contain tickets printed
in such a manner as to insure
33 that at least 60% of the gross revenues
generated by the ultimate sale of
34 all tickets from such box shall be returned
to the final purchasers of such
35 tickets. No box of instant bingo tickets
may be opened by a licensee unless
36 all tickets contained in a previously
opened box with the same form num-
37 ber have been sold.
38 (z) Each box of instant
bingo tickets sold or distributed to licensees
39 shall be accompanied by a flare which
contains the following information:
40 (1) The name of the game; (2) the
manufacturer's name or logo; (3) the
41 game form number; (4) the ticket count in
the game; (5) the prize struc-
42 ture for the game, which includes the
number of winning tickets by de-
43 nomination and their respective winning
symbol or number combinations;
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1 (6) the cost per ticket; (7) the game
serial number; (8) the winning num-
2 bers or symbols for the top three
winning tiers set out in such a manner
3 that each prize may be marked off as
the prize is won and awarded; (9)
4 the business name of the
bingo card distributor; and (10) the Kansas
bingo
5 license number of the licensee to
which the game is sold.
6
(aa) (1) The use of reusable bingo cards in bingo
games operated and
7 conducted by licensees is hereby
prohibited. Bingo faces shall be used in
8 bingo games operated and conducted
by licensees.
9 (2) The
secretary shall require, pursuant to rules and regulations,
10 unique identification of each sheet of
bingo faces in order to insure com-
11 pliance with the provisions of this
act.
12 (3) Each package of
bingo faces sold or distributed to licensees shall
13 be accompanied by a printed statement
which contains the following in-
14 formation:
15 (A) The number of
bingo faces contained in the package;
16 (B) the wholesale
cost of each package, including the tax paid;
17 (C) the
manufacturer's logo;
18 (D) the business name
of the distributor;
19 (E) the Kansas bingo
license number of the licensee to which the pack-
20 age is sold; and
21 (F) any other
information required by the secretary.
22 Sec. 6. K.S.A.
79-4712a is hereby amended to read as follows: 79-
23 4712a. (a) No person or entity shall sell
or otherwise distribute any dis-
24 posable paper call bingo
cards bingo face or instant bingo tickets to
any
25 organization licensed under the provisions
of this act unless and until such
26 person or entity has made application for
and has been issued a bingo
27 card distributor
registration certificate by the secretary of revenue. Ap-
28 plication for registration shall be
accompanied by a fee in the amount of
29 $500 and shall be made upon forms
prescribed by the secretary.
30 (b) Each bingo
card distributor registration certificate shall expire
at
31 midnight on June 30 following its date of
issuance. Application for renewal
32 of a registration certificate shall be
accompanied by a fee in the amount
33 of $500 and shall be made upon forms
prescribed by the secretary.
34 (c) The secretary of
revenue shall establish by rule and regulation
35 reasonable criteria for approval of
bingo card distributors. The secretary
36 of revenue shall refuse to register a
bingo card distributor if any owner,
37 manager or employee thereof
has, within five years prior to registration,
38 has been convicted of or pleaded
guilty or nolo contendere to any felony
39 or illegal gambling violation in this or
any other jurisdiction.
40 (d) All bingo
card distributors shall maintain for a period of not
less
41 than three years full and complete records
of all disposable paper call
42 bingo cards bingo
faces and instant bingo tickets sold to licensees within
43 this state. Such records shall be made
available for inspection by any
SB 692
11
1 authorized representative of the
secretary of revenue.
2
Sec. 7. K.S.A. 79-4713 is hereby amended to read as
follows: 79-
3 4713. (a) In addition to or in lieu
of any other civil or criminal penalty
4 provided by law, the secretary of
revenue or the secretary's designee,
5 upon a finding that a licensee under
K.S.A. 79-4703, and amendments
6 thereto, a lessor or a bingo
card distributor has violated any provision of
7 K.S.A. 79-4701 through 79-4705,
79-4705a, 79-4706, 79-4707, 79-4708,
8 79-4710, 79-4711 or 79-4712, and
amendments thereto, or any provision
9 of any rule and regulation of the
secretary of revenue adopted pursuant
10 thereto, shall impose on such licensee,
lessor or bingo card distributor a
11 civil fine not exceeding $500 for each
violation.
12 (b) No fine shall be
imposed pursuant to this section except upon the
13 written order of the secretary of revenue
or the secretary's designee to
14 the licensee, lessor or bingo
card distributor who committed the violation.
15 Such order shall state the violation, the
fine to be imposed and the right
16 of the licensee, lessor or bingo
card distributor to appeal the order. Such
17 order shall be subject to appeal and review
in the manner provided by
18 the Kansas administrative procedures
act.
19 (c) Any fine collected
pursuant to this section shall be paid to the
20 state treasurer, who shall deposit the
entire amount in the state treasury
21 and credit it to the state bingo regulation
fund.
22 Sec. 8. K.S.A.
79-4701, 79-4704, 79-4705, 79-4705a, 79-4706, 79-
23 4712a and 79-4713 are hereby repealed.
24 Sec. 9. This act
shall take effect and be in force from and after its
25 publication in the statute book.
26