563.03(12e)
(12e) "Proper and legitimate expenditure" means an expenditure made by an organization for any of the following:
563.03(12e)(a)
(a) Any purpose for which the organization is organized.
563.03(12e)(b)
(b) The advancement, improvement or benefit of the organization, if the amount of the expenditure does not exceed the fair market value of the advancement, improvement or benefit.
563.03(12m)
(12m) "Raffle" means a game of chance in which tickets or calendars are sold and a drawing for prizes is held.
563.03(13)
(13) "Regular bingo card" means a nondisposable card issued to a person upon payment of the admission fee which affords a person the opportunity to participate in all regular games played at a bingo occasion.
563.03(14)
(14) "Regular bingo game" means a bingo game in which a person, upon payment of an admission, is issued a regular bingo card and may purchase or rent extra regular cards.
563.03(14t)
(14t) "Senior citizen community center" means a public place in which recreational or social activities are made available primarily to individuals who are 55 years of age or older.
563.03(15)
(15) "Special bingo card" means a disposable, specially marked bingo card which affords a person the opportunity to participate in a special bingo game to be played at a bingo occasion.
563.03(16)
(16) "Special bingo game" means any bingo game which is not a regular bingo game and which is played with special bingo cards.
DUTIES AND POWERS
563.04
563.04
General duties of the department. The department shall:
563.04(2)
(2) Conduct hearings on the suspension or revocation of a license for violation of this chapter or any rules promulgated under it.
563.04(3)
(3) Promulgate rules under
ch. 227 relating to the issuance, renewal, amendment, suspension and revocation of bingo and raffle licenses and the conduct of bingo under this chapter.
563.04(4)
(4) Approve and establish a standard set of bingo cards comprising a consecutively numbered series and prescribe by rule the manner in which such cards are to be reproduced and distributed to a licensed organization.
563.04(5)
(5) Prescribe appropriate forms necessary to carry out this chapter.
563.04(6)
(6) Issue, renew and amend licenses:
563.04(6)(b)
(b) To a member designated by the organization who is responsible for the gross receipts.
563.04(7)
(7) Issue and renew licenses to suppliers of bingo supplies and equipment.
563.04(8)
(8) Have power to temporarily suspend any license.
563.04(10)
(10) Refer for investigation potential or actual violations of this chapter and rules promulgated under it to the district attorney of the county in which a bingo occasion will be or was held.
563.04(11)
(11) Make a continuous study of the operation of this chapter to ascertain if there are defects herein which jeopardize or threaten to jeopardize the purpose of this chapter; and make a continuous study of the operation and administration of similar laws which may be in effect in other states.
563.04(13)
(13) Establish the style, content and format of all licenses issued under this chapter.
563.05
563.05
Powers and duties of department. 563.05(2)
(2) The department may promulgate rules requiring holders of licenses issued under this chapter to post a notice in a conspicuous place where a bingo occasion or raffle drawing is conducted describing the procedures for filing a complaint against the holder.
563.05(3)
(3) The department may promulgate rules specifying the number of business days within which the department must review and make a determination on an application for a permit, as defined in
s. 560.41 (2), that is issued under this chapter.
563.05(4)
(4) The department may promulgate rules defining procedures to be used by the department for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings under this chapter.
563.05(5)
(5) No employee in the division of gaming who performs any duty related to bingo or raffles or the executive assistant or the secretary or deputy secretary of administration and no member of such a person's immediate family, as defined in
s. 19.42 (7), may, while that person is employed or serves in such a capacity or for 2 years following the termination of his or her employment with the department after having served in such a capacity, do any of the following:
563.05(5)(a)
(a) Have any direct or indirect interest in any person who is licensed or required to be licensed under this chapter.
563.05(5)(b)
(b) Accept or agree to accept money or any thing of value from any person who is licensed or required to be licensed under this chapter.
563.051
563.051
Bingo and raffle security. The department may do any of the following:
563.051(1)
(1) Provide all of the security services for the bingo and raffle operations under this chapter.
563.051(2)
(2) Monitor the regulatory compliance of bingo and raffle operations under this chapter.
563.051(3)
(3) Audit the bingo and raffle operations under this chapter.
563.051(4)
(4) Investigate suspected violations of this chapter.
563.051(5)
(5) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.
563.051(6)
(6) If the division of criminal investigation in the department of justice chooses not to investigate a report under
sub. (5), coordinate an investigation of the suspected criminal activity with local law enforcement officials and district attorneys.
563.051 History
History: 1997 a. 27.
563.055
563.055
Cancellation of license; reinstatement. 563.055(1)
(1) If the holder of a license issued under this chapter pays a fee required under
s. 563.13 (4),
563.22 (2) or
563.92 (2) by check and the check is not paid by the bank upon which the check is drawn, the department may cancel the license on or after the 60th day after the department receives the notice from the bank, subject to
sub. (2).
563.055(2)
(2) At least 20 days before canceling a license, the department shall mail a notice to the holder that informs the holder that the check was not paid by the bank and that the holder's license may be canceled on the date determined under
sub. (1) unless the holder does all of the following before that date:
563.055(2)(a)
(a) Pays the fee for which the unpaid check was issued.
563.055(2)(b)
(b) Pays the charge for an unpaid draft established by the depository selection board under
s. 20.905 (2).
563.055(3)
(3) Nothing in
sub. (1) or
(2) prohibits the department from extending the date for cancellation to allow the holder additional time to comply with
sub. (2) (a) and
(b).
563.055(4)
(4) A cancellation of a license under this section completely terminates the license and all rights, privileges and authority previously conferred by the license.
563.055(5)
(5) The department may reinstate a license that has been canceled under this section only if the previous holder complies with
sub. (2) (a) and
(b) and pays a $30 reinstatement fee.
563.055(6)
(6) All moneys received under this section shall be credited to the appropriation account under
s. 20.505 (8) (jm).
563.10
563.10
Rules governing commingling of receipts restricted. Notwithstanding
ss. 227.11 (2),
227.24 (1) (a) and
563.04 (3), the department may not promulgate any emergency rule relating to the commingling of bingo and raffle receipts unless it can clearly establish that commingling will occur without such rule and that the rule will effectively prevent commingling. The department shall set forth any such finding in its proposed rule. If upon review under
s. 227.40, the court finds that the finding of fact upon which any emergency rule relating to such commingling is based is unsupported by clear and convincing evidence, the rule is invalid.
LICENSING
563.11
563.11
License to conduct bingo. 563.11(1)
(1) Any bona fide religious, charitable, service, fraternal or veterans' organization or any organization, other than the state or any political subdivision of the state, to which contributions are deductible for federal income tax purposes or state income or franchise tax purposes, may apply to the department for a license to conduct bingo. In this subsection, "service organization" includes all of the following:
563.11(2)(a)(a) Prior to applying for a license, an organization listed under
sub. (1) shall:
563.11(2)(a)1.
1. Be incorporated in this state as a nonprofit corporation or organized in this state as a religious or nonprofit organization.
563.11(2)(a)3.
3. Conduct activities within this state in addition to the conduct of bingo.
563.11(2)(a)5.
5. Operate without profit to its members, and no part of the net earnings of such organization shall inure to the benefit of any private shareholder or individual.
563.11(2)(a)6.
6. Have been in existence for 3 years immediately preceding its application for a license, and shall have had during that 3-year period a membership actively engaged in making proper and legitimate expenditures.
563.11(2)(a)7.
7. Have received and used and shall continue to receive and use, for proper and legitimate expenditures, funds derived from sources other than from the conduct of bingo.
563.11 History
History: 1973 c. 156;
1989 a. 147;
1991 a. 39;
1991 a. 269 ss.
782bd,
782bh; Stats. 1991 s. 563.11.
563.11 Annotation
Loss of tax exempt status for income tax purposes does not necessarily imply that an organization is no longer nonprofit. 67 Atty. Gen. 255.
563.12
563.12
Bingo license application. Each applicant for a license to conduct bingo shall file with the department an application on a form prescribed by the department. Except as provided in
s. 563.135, the application shall include:
563.12(1)
(1) The name and address of the applicant.
563.12(2)
(2) Sufficient facts relating to the incorporation or organization of the applicant to enable the department to determine if the applicant is eligible for a license under this subchapter.
563.12(3)
(3) The name and address of each officer of the applicant organization.
563.12(4)
(4) The place and date of each bingo occasion proposed to be conducted during the effective period of the license.
563.12(5)
(5) The name and address of the owner of the premises in which bingo will be conducted and the approximate capacity of the premises.
563.12(7)
(7) The name, date of birth and address of each supervising member for each bingo occasion who shall be an active member of the applicant organization and one or more of whom shall be present and in immediate charge of and responsible for the conduct of bingo games at each bingo occasion.
563.12(8)
(8) The name of any licensed organization cosponsoring any bingo occasion.
563.12(9)
(9) The name, address, date of birth and years of membership of an active member of the applicant organization who shall be responsible for the proper utilization of the gross receipts derived from the conduct of bingo.
563.12(11)
(11) Other information which the department considers necessary to administer this chapter.
563.13
563.13
Affidavits and fees. Except as provided in
s. 563.135, an application for a license to conduct bingo shall be accompanied by:
563.13(2)
(2) A sworn statement by the member designated as responsible for the proper utilization of gross receipts that no commission or other fee, salary, profits, compensation, reward or recompense will be paid to any person or organization and that all profits will be spent as provided under
s. 563.51 (8).
563.13(4)
(4) A $10 license fee for each bingo occasion proposed to be conducted and $5 for an annual license for each designated member responsible for the proper utilization of gross receipts. All moneys received under this subsection shall be credited to the appropriation account under
s. 20.505 (8) (jm).
563.135
563.135
Bingo license application; community-based residential facilities, senior citizen community centers and adult family homes. 563.135(1)
(1) An application for a license to conduct bingo for an organization listed under
s. 563.11 (1) (b) to
(d) shall be accompanied by a $5 license fee and a sworn statement by the owner or operator of the organization that:
