Section 313.040

Title XXI PUBLIC SAFETY AND MORALS

Chapter 313

Effective - 06 Dec 2018, 3 histories, see footnote   

  313.040.  Restrictions, penalties. — The conducting of bingo is subject to the following restrictions:

  (1)  (a)  The entire net receipts over and above the actual cost of conducting the game shall be exclusively devoted to the lawful, charitable, religious or philanthropic purposes of the organization permitted to conduct that game and no receipts shall be used to compensate in any manner any person who works for or is in any way affiliated with the licensed organization.  Any person who violates the provisions of this paragraph shall be guilty of a class E felony;

  (b)  Proceeds from the game of bingo may not be loaned to any person, except that this provision shall not prohibit the investment of the proceeds in any licensed banking or savings institution, instrument of the United States, Missouri, or any political subdivision thereof.  Any person who violates the provisions of this paragraph shall be guilty of a class C misdemeanor; and

  (c)  The actual cost of conducting the game shall only include the following:

  a.  The cost of the prizes;

  b.  The purchasing of the bingo cards from a licensed supplier;

  c.  The purchasing or leasing of the equipment used in conducting the game;

  d.  The lease rental on the premises in which the game is conducted to include an allocation of utility costs, if applicable, costs of providing security, including the employment of a reasonable number of security personnel at a compensation level which complies with rules and regulations promulgated by the commission and such personnel is actually present and engaged in security duties, and bookkeeping and accounting expenses;

  e.  The actual cost of providing reasonable janitorial services.  The cost of such services shall not be above the fair market rate charged for similar services in the community where the bingo game is being conducted;

  f.  Subject to constitutional restrictions, if any, the fair market cost of advertising each bingo occasion.  Such advertising shall be procured in accordance with the rules and regulations of the commission;

  (2)  No person shall participate in conducting or managing the game of bingo except a person who has been a bona fide member of the licensed organization for at least six months immediately preceding such participation, who is not a paid staff person of the licensed organization employed and compensated specifically for conducting or managing the game of bingo and who volunteers the time and service necessary to conduct the game.  Subject to constitutional restrictions, if any, no person shall participate in the actual operation of the game of bingo under the direction of a person conducting or managing the game of bingo, except a person who has been a bona fide member of the licensed organization for at least six months immediately preceding such participation, who is not a paid staff person of the licensed organization employed and compensated specifically for operating the game of bingo and who volunteers the time and service necessary to operate the game.  If any post or organization, by its national charter, has established an auxiliary organization for spouses, then members of the auxiliary organization shall be considered bona fide members of the licensed organization and members of the post or organization shall be considered bona fide members of the auxiliary organization for the purposes of this subdivision.  Any person who is a duly ordained member of the clergy and any person who is a full-time employee or staff member of the licensed organization employed for at least six months by that organization in a capacity not directly related to the conducting or managing of the game of bingo, who has specific assigned duties under a definite job description with the licensed organization, and who volunteers time and assistance to the organization without compensation for such time and assistance in the conducting and managing of the game of bingo by the organization shall not be considered a paid staff person for the purposes of this subdivision.  No full-time employee or staff member shall volunteer such time and assistance to more than one organization nor more than one day in any week.  The commission shall establish guidelines for the determination of whether a person is a paid staff person within the meaning of this subdivision and shall specifically approve any full-time employee or staff member of the organization before such employee or staff member may volunteer time and assistance in the conducting and managing of bingo games for any organization.  The commission may suspend the approval of any employee or staff member;

  (3)  No person, firm, partnership or corporation shall receive any remuneration, profit or gift for participating in the management, conduct or operation of the game, including the granting or use of bingo cards without charge or at a reduced charge from the licensed organization or from any other source;

  (4)  The aggregate retail value of all prizes or merchandise awarded, except prizes or merchandise awarded by pull-tab cards and progressive bingo games, in any single day of bingo may not exceed the amount set by the commission per regulation;

  (5)  The number of games may not exceed sixty-two in any one day, including regular and special games.  For purposes of this subdivision, the use of a pull-tab card and progressive bingo games shall not count as one of the sixty-two games per day, as limited by this subdivision, but no pull-tab card may be used except in conjunction with one of such sixty-two games;

  (6)  The price paid for a single bingo card under the license may not exceed one dollar.  The commission may establish by rule or regulation the number of bingo cards which may be placed on a single bingo sheet.  The price for a single pull-tab card may not exceed one dollar.  A licensee may not require a player to purchase more than a standard pack in order to participate in the bingo occasion;

  (7)  The number of bingo days conducted by a licensee under the provisions of sections 313.005 to 313.080 shall be limited to two days per week;

  (8)  Any person, officer or director of any firm or corporation, and any partner of any partnership renting or leasing to a licensed organization equipment or premises for use in a game shall meet all the qualifications set forth in subdivisions (1) to (5) and (8) of subsection 1 of section 313.035 and shall not be a paid staff person of the licensee.  Proof of compliance with this subdivision shall be submitted to the commission by the licensee in the manner required by the commission;

  (9)  No person under the age of sixteen years may play or participate in the conducting of bingo.  Any person under the age of sixteen years may be within the area where bingo is being played only when accompanied by his parent or guardian;

  (10)  No licensee shall lease premises in which it conducts bingo games from someone who is not a hall provider licensed by the commission;

  (11)  No licensee shall pay any consulting fees to any person for any service performed in relation to the bingo game;

  (12)  No licensee shall pay concession fees to any person who provides refreshments to the participants in the bingo game;

  (13)  No licensee shall conduct a bingo session at any time during the period between 1:00 a.m. and 7:00 a.m.;

  (14)  No licensee, while a bingo game is being conducted, shall knowingly permit entry to any part of the licensed premises to any person of notorious or unsavory reputation or who has an extensive police record or who has been convicted of a felony;

  (15)  No vending machine or any mechanized coin-operated machine may be used to sell pull-tab cards or to pay prize money, merchandise gifts or any other form of a prize;

  (16)  No rented or reusable bingo cards may be used to conduct any game.  All games must be conducted with disposable paper bingo cards that are marked by permanent ink as prescribed by the rules and regulations of the commission, or by electronic bingo card monitoring device as approved by the commission;

  (17)  No licensee shall purchase or use any bingo supplies from a person who is not licensed by the state of Missouri as a bingo supplier.

­­--------

(L. 1981 H.B. 322 § 8, A.L. 1983 H.B. 95 & 223, A.L. 1984 H.B. 1356 merged with S.B. 720, A.L. 1986 S.B. 461, A.L. 1987 S.B. 55, A.L. 1993 S.B. 10 & 11, A.L. 1994 S.B. 427, A.L. 1996 H.B. 1159, A.L. 2010 S.B. 940, A.L. 2014 S.B. 491, A.L. 2018 H.B. 1484)

Effective 12-06-18, see § 313.041.