Bill 2450

                    Current Status

Bill Number:               2450
Ratification Number:       614
Act Number                 496
Introducing Body:          House
Subject:                   To define the terms and manner of
                           playing the game of bingo

(A496, R614, H2450)

AN ACT TO DEFINE THE TERMS AND MANNER OF PLAYING THE GAME OF BINGO AND TO FURTHER DEFINE WHICH ORGANIZATIONS MAY CONDUCT THE GAME OF BINGO; AND TO DESIGNATE CERTAIN PORTIONS OF HORRY AND CHARLESTON COUNTIES AS COUNTY FAIRS.

Whereas, Section 7 of Article XVII of the Constitution of this State was amended to allow the game of bingo to be played when conducted by certain organizations; and

Whereas, there has been uncertainty on the part of the public and the law enforcement agencies of this State as to what is permitted by the amendment; and

Whereas, the General Assembly finds that there is a public need for clarification of the terms and method of playing the game of bingo as permitted by the amendment; and

Whereas, the amendment permits bingo to be conducted under limited circumstances not clearly defined. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Definitions

Section 1. For the purposes of this act:

(1) "Ball" means a ball, disk, square or other object upon which is printed a letter and number which corresponds to the letter and number of a square on a bingo card.

(2) "Cage" means a device, whether operated manually or by air blower, in which bingo balls are placed prior to commencement of the bingo game.

(3) "Caller" means the house representative who is responsible for drawing bingo balls and announcing to the players the result of each drawing.

(4) "Card" means a printed design on which there are arranged five horizontal rows and five vertical columns forming twenty-five squares. Numbers are printed in twenty-four of the squares and the term "free", "free square" or "free space" is printed in the square or space located in the center of the card. The five columns are denominated from left to right by the respective letters of the word "B-I-N-G-O". Each square in the "B" column contains a number from one through fifteen inclusive; each square in the "I" column contains a number from sixteen through thirty inclusive; except for the center space which is marked as free, each square in the "N" column contains a number from thirty-one through forty-five inclusive; each square in the "G" column contains a number from forty-six through sixty inclusive; and each square in the "O" column contains a number from sixty-one through seventy-five inclusive. No number appears twice on the same card.

(5) "Drawing" means the indiscriminate selection of a single ball from the cage.

(6) "Game" means the course of play from the calling of the first number that is allowed to be covered until a winner is declared for that particular set of numbers called.

(7) "House" means the charitable, religious or fraternal organization exempt from federal income taxation which conducts the bingo game.

(8) "Marker" means the chip, disk, kernel of corn or other object placed upon a square on a card to indicate that the number in the square has been drawn.

(9) "Master board" means the receptacle used by the house to display balls which are drawn during the bingo game.

(10) "Player" means one who participates in a game of bingo other than as an agent or representative of the house.

(11) "Session" means any consecutive series of bingo games within a twenty-four hour period.

Conditions when bingo deemed not a lottery

Section 2. The game of bingo, when conducted by charitable, religious or fraternal organizations exempt from federal income taxation or when conducted at recognized annual state and county

fairs, shall not be deemed a lottery when:

(1) the charitable, religious or fraternal organization which conducts the game:

(a) maintains a valid bingo certificate issued by the Secretary of State, such certificate shall be issued upon the receipt by the Secretary of State of the following:

(i) the original or certified copy of the statement issued by the Internal Revenue Service exempting such organization from federal income taxation due specifically to its status as a charitable, religious or fraternal organization, and .

(ii) a completed application and a fee of twenty-five dollars on a form to be provided by the Secretary of State, such form to contain the following: the names of the officers of the organization, the location of the organization and a sworn statement by an officer that the profits derived from the game of bingo shall be used for the charitable, religious or fraternal purposes of the organization.

(2) the recognized annual state or county fair which conducts the game has procured an annual bingo certificate from the Secretary of State. The certificate, which shall contain the names of the officers and the location of the fair, shall be based upon proof that the fair is recognized by the governing body of the county in which it is held, or in the case of the state fair, by the South Carolina Agricultural and Mechanical Society. Provided, that for the purposes of this act, all that area of Horry County east of the waterway, except where prohibited by zoning laws or ordinances, is designated as a county fair from May fifteenth through September fifteenth of each year. Provided, further, that for the purposes of this act, all that area of Charleston County on the Isle of Palms being within the bounds described as follows is designated as a county fair: beginning at a point at the fishing pier running west until it intersects Harbor Oaks Street, then running along Harbor Oaks Street in a southeasterly direction until it intersects Fourteenth Street, then running in a due east direction until it intersects the mean high water mark of the Atlantic Ocean, then running north along the mean high water mark of the Atlantic Ocean to the point of beginning.

Playing of bingo

Section 3. The game of bingo shall be played in the following manner:

(1) Bingo is played by more than one player and a caller who is associated with the house. Each player pays an amount certain for each card to be played during the course of a game. A player may play more than one card during the course of a game and may purchase the card for a specified number of games. After the player has purchased a card or cards for a specified number of games, the house cannot require or accept any additional payment or consideration by the player in order to complete the specified number of games.

(2) Before each game begins the caller will announce to the players a configuration or configurations that will win the game. A configuration consists of covering a number of grids in some geometrical design such as, but not limited to, a line, square or the four corners of the card.

(3) At the beginning of each game the caller shall also announce the prize that will be awarded to the winner. After the prize has been announced and the game has commenced, the prize shall not be diminished or altered. The prize shall be awarded to the winner of that game without delay; provided, however, that any prize which is accumulated or carried forward as the prize for winning a special game must be awarded to a winning player within twenty weeks of the date the prize is first offered. In the case of multiple winners the prize shall be equally divided among the winners. No more than two cumulative jackpots may be offered during a session. Jackpots must be totally disbursed within a twenty-session period. Cumulative jackpots may not exceed one thousand dollars each.

(4) The caller shall draw numbers from the cage one at a time. As each number is selected it is announced to the players. If a player has a card with the called number on it he may use a marker to cover the square which contains the number. After the number is announced, it will be so indicated on the masterboard by the caller.

(5) When a player covers sufficient squares on a card to achieve

the winning configuration, he may so indicate to the caller. The caller must require that the player's card be checked against the masterboard in the presence of the other players to determine if the squares were covered accurately. If it is determined by the caller that the player has accurately covered the squares and achieved the preannounced configuration, the player is declared the winner. If it is determined that the player has not accurately covered the squares and achieved the preannounced configuration, play shall continue in that game.

(6) No more than three bingo sessions may be conducted by the sponsoring organization in a week or any seven-day period nor may more than one sponsoring organization use a location in a week or any seven-day period; provided, however that a recognized annual state or county fair which has obtained the requisite certificate from the Secretary of State, as provided for in Section 2 (2), shall be exempt from this provision

Procedures for conducting game of bingo

Section 4. In addition to the manner of play prescribed in Section 3, the following procedures shall apply to the conduct of the game:

(1) Prior to the commencement of the first game, all seventy-five balls must be openly displayed on the masterboard for the inspection of the players.

(2) Only one set of seventy-five balls and only one masterboard are allowed in the room or area during the play of the game.

(3) Only one bet or payment is to be paid per card.

(4) No bets or payments are to be made while a game is in progress, except the sale of cards for subsequent games.

(5) Prior to the start of play the caller shall announce to all players the prize to be awarded for that game.

(6) The house is required to identify the games for which a card may be used prior to purchase of the card.

(7) Prior to the start of play the caller shall announce to all players the winning configuration of covered squares for that particular game.

(8) The prize shall be awarded to the first person who successfully achieves the winning configuration of covered squares.

(9) Balls must be randomly selected by an indiscriminate process.

(10) Only one number may be called at a time.

(11) All balls drawn must remain on the masterboard until the conclusion of the game.

(12) (a) When an organization conducts a weekly game, all jackpot prizes are to be awarded within twenty weeks after the date they were first offered.

(b) For all other games conducted, and at all fairs, the offered prize is to be awarded to a player at the conclusion of each game.

(13) A minimum of sixty percent of the gross proceeds taken in by the house shall be returned to the players in the form of prizes.

(14) All cards used in a game shall sell for an equal value.

(15) The playing of bingo is restricted to the premises designated with the Secretary of State by the sponsor organization.

Bingo deemed to be lottery

Section 5. The playing of any game of bingo for a wager other than as provided for by the provisions of this act shall be deemed a lottery subject to the provisions of Chapter 19 of Title 16 of the Code of Laws of South Carolina. 1976.

Attorney General not to have authority to promulgate regulations

Section 5A. Notwithstanding any other provision of law, the South Carolina Attorney General shall have no authority to promulgate any rules or regulations relative to the game of bingo.

Time effective

Section 6. This act shall take effect upon approval by the Governor.