Current Status Introducing Body:House Bill Number:3167 Ratification Number:186 Act Number:120 Primary Sponsor:Kirsh Type of Legislation:GB Subject:Bingo, regulation of Date Bill Passed both Bodies:May 28, 1991 Computer Document Number:JIC/5140.HC Governor's Action:S Date of Governor's Action:Jun 04, 1991 Introduced Date:Jan 09, 1991 Date of Last Amendment:May 23, 1991 Last History Body:------ Last History Date:Jun 04, 1991 Last History Type:Act No. 120 Scope of Legislation:Statewide All Sponsors:Kirsh Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3167 ------ Jun 04, 1991 Act No. 120
3167 ------ Jun 04, 1991 Signed by Governor
3167 ------ May 30, 1991 Ratified R 186
3167 House May 28, 1991 Concurred in Senate
amendment, enrolled for
ratification
3167 Senate May 23, 1991 Amended, read third time,
returned with amendment
3167 Senate May 14, 1991 Amended, read second time,
ordered to third reading with
notice of general amendments
3167 Senate May 09, 1991 Committee Report: Favorable 06
with amendment
3167 Senate Apr 16, 1991 Introduced, read first time, 06
referred to Committee
3167 House Apr 12, 1991 Read third time, sent to
Senate
3167 House Apr 11, 1991 Unanimous consent for third
reading on next Legislative
day
3167 House Apr 11, 1991 Amended, read second time
3167 House Apr 10, 1991 Committee Report: Favorable 30
with amendment
3167 House Jan 09, 1991 Introduced and read first 30
time, referred to Committee
View additional legislative information at the LPITS web site.
(A120, R186, H3167)
AN ACT TO AMEND SECTIONS 12-21-3400, 12-21-3420, 12-21-3440, 12-21-3450, 12-21-3460, AND 12-21-3530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BINGO, SO AS TO PROVIDE A METHOD FOR A PROMOTER'S BINGO LICENSE AND A NONPROFIT BINGO LICENSE TO BE TRANSFERRED TO ANOTHER LOCATION, TO PROVIDE FOR NO ADDITIONAL FEES FOR LOCATION TRANSFERS, REVISE AMOUNTS WHICH MUST BE RETURNED AS PRIZES, REVISE CLASS E LICENSE REQUIREMENTS, PROVIDE THAT THE SPECIAL TICKET FOR ENTRY INTO CLASS AA AND B LICENSE BINGO GAMES MUST BE TORN IN HALF WHEN THE PLAYER ENTERS, TO ALLOW A NONPROFIT ORGANIZATION TO HOLD ONLY ONE BINGO LICENSE, TO PROVIDE THAT THE REQUIRED BOND IS SECURITY FOR ALL STATE TAXES, PENALTIES, INTEREST, FINES, FEES, AND WARRANT COSTS, AND TO DELETE THE BOND REQUIREMENT FOR CLASS E LICENSES.
Be it enacted by the General Assembly of the State of South Carolina:
Bingo licenses
SECTION 1. Subsections (A) and (B) of Section 12-21-3400 of the 1976 Code, as added by Act 188 of 1989, are amended to read:
"(A) The promoter's license authorized by this article must not be transferred to any other person, organization, entity, or corporation. The promoter's license, upon written application to the commission, may be transferred to a new location for the remainder of the license period if the nonprofit organization licensee has applied for a location transfer as provided in subsection (B) of this section. The written application must be on a form prescribed by the commission and must state, under penalties of perjury, that the information on the transfer application and the original license application is true and correct, or, in the case of the original application, is still valid and unchanged. No additional license fee as set forth in Section 12-21-3350(D) is required with respect to the transfer of the location and the promoter may not conduct bingo at the new location until the new license is issued.
(B) The nonprofit organization's license authorized by this article must not be transferred to any other nonprofit organization and is valid and continues in force so long as the nonprofit organization to which it is issued continues to conduct the bingo games at the location authorized by the license.
The nonprofit organization's license, upon written application to the commission, may be transferred to a new location for the remainder of the license period. The written application must be on a form prescribed by the commission and must state, under penalties of perjury, that the information on the transfer application and the original license application is true and correct or, in the case of the original application, is still valid and unchanged. No additional license fees as set forth in Section 12-21-3440(A) are required with respect to the transfer of the bingo location, and the nonprofit organization cannot operate at the new location until the new license is issued."
Proceeds to players
SECTION 2. Section 12-21-3420(12) of the 1976 Code is amended to read:
"(12) A minimum of sixty percent of the gross proceeds taken in by the house during a calendar quarter, but no less than fifty percent taken in during a single session must be returned to the players in the form of prizes. However, with respect to Class D licenses, this requirement must be met during the course of the fair. For purposes of this item, `gross proceeds' do not include bingo taxes imposed pursuant to Section 12-21-3440(B)."
Class E license
SECTION 3. Section 12-21-3440(A)(5) of the 1976 Code is amended to read:
"(5) CLASS E: An organization which has a game of bingo and operates exclusively by bona fide members who are residents of this State and who do so on a strictly volunteer basis and whose gross bingo proceeds do not exceed thirty thousand dollars a calendar quarter, and where prizes do not exceed four thousand dollars a session shall obtain an annual Class E license from the commission at a cost of five hundred dollars a year. If the gross bingo proceeds for any calendar quarter exceed thirty thousand dollars, the person or organization within ten days is required to obtain a Class B license from the commission and comply with all requirements of a Class B license. The holder of a Class E license may not conduct more than one bingo session a week."
Special ticket
SECTION 4. Section 12-21-3450 of the 1976 Code, as added by Act 188 of 1989, is amended to read:
"Section 12-21-3450. All Class AA or Class B bingo games must issue a special ticket, approved by the commission, to each player entering the premises to play bingo. The ticket must be torn in two, approximately through the center, as each player enters the bingo premises.
All tickets must clearly state the amount of the bingo tax paid."
One license
SECTION 5. Section 12-21-3460 of the 1976 Code, as added by Act 188 of 1989, is amended to read:
"Section 12-21-3460. No person or nonprofit organization may hold more than one bingo license."
Bond
SECTION 6. Section 12-21-3530 of the 1976 Code, as added by Act 188 of 1989, is amended to read:
"Section 12-21-3530. Except as otherwise provided in this section, every organization and promoter licensed to conduct bingo, as a condition precedent to conducting a game or to continue in the business of conducting a game, shall file a bond executed by a surety company authorized to do business in this State, or post a cash bond with the commission in an amount as may be approved by the commission. The organization and promoter must have separate bonds. No organization or promoter may engage in this business before submitting the bond required by this section. This bond is security for all state taxes, penalties, interest, fines, fees, and warrant costs for which the promoter or organization is liable. The minimum bond for a promoter is twenty thousand dollars. The minimum bond for an organization licensee is as follows:
(1) Class AA twenty thousand dollars;
(2) Class B ten thousand dollars;
(3) Class C no bond required;
(4) Class D no bond required;
(5) Class E no bond required."
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1991.