563.135 History
History: 1989 a. 147;
1991 a. 269 s.
782cp; Stats. 1991 s. 563.135;
1999 a. 5.
563.14
563.14
Department determinations. Upon receipt of an application for a license to conduct bingo, the department shall investigate the qualifications of the applicant and the merits of the application and before issuing a license shall determine that:
563.14(1)
(1) The applicant is eligible to be licensed to conduct bingo under
s. 563.11.
563.14(2)
(2) The supervising member and member responsible for the proper utilization of gross receipts are active members of the applicant organization who, subject to
ss. 111.321,
111.322 and
111.335, have never been convicted of a felony or, if convicted, have received a pardon or have been released from parole, extended supervision or probation for at least 5 years.
563.14(3)
(3) The proposed bingo occasions will be conducted in accordance with this chapter and the rules promulgated under it.
563.14(6)
(6) The profits from all bingo games conducted by the applicant organization are proposed to be used as provided under
s. 563.51 (8).
563.15
563.15
Issuance of license to conduct bingo. 563.15(1)
(1) After making the determinations under
s. 563.14, the department shall either notify the applicant organization in writing why a license is not being issued or issue a license to such applicant organization authorizing it to conduct bingo at the times and places set forth in the license. Except as provided in
sub. (1m), a license issued under this subsection shall be effective for one year from the first day of the month of the first occasion listed on the license and may be renewed annually, except that an applicant organization may request that the license expire on the first day of any month within the one-year licensure period.
563.15(1m)
(1m) A license issued under
sub. (1) to an organization listed under
s. 563.11 (1) (b) to
(d) shall remain in effect unless it is canceled, suspended or revoked by the department or withdrawn by the organization.
563.15(3)
(3) Each license, and all amendments thereto, shall be conspicuously displayed at the place where a bingo occasion is conducted and at all times during the conduct thereof so as to be easily readable by any patron of the bingo occasion.
563.16
563.16
Amendment of license to conduct bingo. Upon application by a licensed organization, a license may be amended, if the subject matter of the amendment properly and lawfully could have been included in the original license. An application for an amendment to a license shall be filed and processed in the same manner as an original application. An application for the amendment of a license shall be accompanied by a $3 fee. If any application for amendment seeks approval of additional bingo occasions or designates a new member responsible for the proper utilization of gross receipts, the appropriate fee under
s. 563.13 (4) also shall be paid. If the department approves an application for an amendment to a license, a copy of the amendment shall be sent to the applicant who shall attach it to the original license. All moneys received under this section shall be credited to the appropriation account under
s. 20.505 (8) (jm).
563.17
563.17
Denial of application; hearing. If the department denies a license to conduct bingo, within 30 days after receiving written notification of such denial, an applicant may demand in writing a hearing before the department upon the applicant's qualifications and the merit of the application. At the hearing, the burden of proof shall be on the applicant to establish his or her eligibility for a license. If, after the hearing, the department enters an order denying the application, the order shall set forth in detail the reasons for the denial. Upon entry of such an order or upon the expiration of the 30-day period during which a hearing may be demanded, the applicant's license fee shall be refunded less reasonable administrative costs. If the department approves the application, the department shall issue the license within 14 days after approval.
563.18
563.18
Suspension or revocation. 563.18(1)
(1) Proceedings to suspend or revoke a supplier's license or a license to conduct bingo shall be initiated by the department pursuant to the rules promulgated under
s. 563.05 (4).
563.18(3)
(3) The department's decision under this section is subject to judicial review under
ch. 227.
563.18(4)
(4) When a license under this subchapter is suspended or revoked by the department, the licensee shall immediately surrender the license to the department. A licensee whose license has been revoked may reapply for a license one year after the effective date of the revocation. If a license has been suspended under
sub. (3), the department shall reinstate the license at the end of the period of suspension.
563.18(5)
(5) A violation of any applicable law of this state or rule promulgated thereunder shall constitute grounds for suspension or revocation.
563.18 Annotation
Board may not revoke license of an organization because of its membership policies regarding race. 67 Atty. Gen. 255.
563.21
563.21
Supplier's license. Any person intending to sell or distribute bingo supplies or equipment to a licensed organization shall apply to the department for a supplier's license.
563.22
563.22
Supplier's license application. 563.22(1)
(1) An application for a supplier's license shall be filed with the department on a form prescribed by the department. The application shall include:
563.22(1)(b)
(b) A designation of the type of business organization of the applicant and the date and place of its original establishment.
563.22(1)(c)
(c) The name and address of each officer, director, shareholder, partner, member or other person with an ownership interest in the applicant business.
563.22(1)(d)
(d) A statement showing the gross receipts realized in the preceding year on the sale or distribution of bingo supplies and equipment to licensed organizations.
563.22(1)(e)
(e) The name and address of any supplier of bingo supplies and equipment to the applicant.
563.22(1)(f)
(f) The number of years the applicant has been in the business of supplying bingo supplies and equipment.
563.22(1)(g)
(g) If the applicant business is organized outside of this state, the name and address of a resident agent who is authorized to be served legal documents and receive notices, orders and directives of the department.
563.22(2)(a)(a) Each application for an initial supplier's license or for a renewal thereof shall be accompanied by a fee of $25.
563.22(2)(b)
(b) When the supplier's license expires, the supplier shall pay a supplementary fee based on the supplier's gross sales of bingo supplies and equipment to licensed organizations during the preceding year. The supplementary fee shall be determined in accordance with the following schedule:
Amount of Gross Sales Fee
Less than $5,000$10
Between $5,000 and $19,999$50
Between $20,000 and $49,999$200
Between $50,000 and $100,000$500
More than $100,000$1,000
563.24
563.24
Issuance of supplier's license. Upon receiving an application for a supplier's license, the department may require the applicant, or if the applicant is a corporation, limited liability company or partnership, its officers, directors, stockholders and members, to appear and testify under oath on the contents of the application. If the department determines that the supplier's license applicant possesses the requisite qualifications, a license shall be issued to the bingo supplier. A license issued under this section shall be effective for one year from the first day of the month of its issuance, and may be renewed annually. If the application is not approved, the department shall notify the applicant in writing of such action. Within 10 days after receipt of such notification, the applicant may demand a hearing before the department. At the hearing, the burden of proof shall be on the applicant to establish his or her qualifications and the merit of the application. The fee, less reasonable administrative costs, shall be refunded to the applicant upon entry of an order denying an application after hearing, or upon expiration of the period during which a hearing may be demanded.
563.25
563.25
Supplier to notify department of changes. During the pendency of an application for a supplier's license, the applicant shall immediately notify the department in writing of any change in the facts set forth in the application, including any change in any item in the application, in the organization, structure or mode of operation of the supplier's business and in the identity of persons named or required to be named in the application or the nature or extent of their interests. Within 10 days after any such change which occurs after the issuance of the license, the change shall be reported to the department. Failure to notify the department of such change shall constitute sufficient cause for denial of a pending license application or for suspension or revocation of a license which has been granted.
563.26
563.26
Maintenance of supplier's books and records. Each licensed supplier shall maintain his or her books and records in such manner as to enable the department to determine the gross sales of bingo supplies and equipment to licensed organizations. Invoices for the sale of bingo supplies and equipment shall include the name and license number of the organization to which the supplies were sold, the date and amount of the sale and an enumeration of the items sold. Each licensed supplier and formerly licensed supplier shall maintain his or her books and records for not less than 4 years and shall make them available at reasonable times for examination by the department or its authorized representatives.
563.27
563.27
Persons not eligible for supplier's license. The following persons shall not be eligible for a supplier's license:
563.27(1)
(1) Subject to
ss. 111.321,
111.322 and
111.335, a person convicted of a felony who has not received a pardon or has not been released from parole, extended supervision or probation for at least 5 years.
563.27(4)
(4) A business in which a person disqualified under
sub. (1),
(2) or
(3) is employed or active or in which a person is married or related in the first degree of kinship to such person who has an interest of more than 10% in the business.
563.27 History
History: 1973 c. 156;
1981 c. 380;
1981 c. 391 s.
211;
1991 a. 269 s.
782ft; Stats. 1991 s. 563.27;
1997 a. 283.
563.27 Annotation
One who sells or rents illegal gambling devices is a promoter under sub. (2). This section is constitutional. Wisconsin Bingo Supply & Equipment Co. v. Bingo Control Board,
88 Wis. 2d 293,
276 N.W.2d 716 (1979).
563.28
563.28
Suspension or restriction of a supplier's license for delinquent child support payments. 563.28(1)
(1) If required in a memorandum of understanding entered into under
s. 49.857, the department shall suspend or restrict the supplier's license of any person who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or who has failed to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and relating to paternity or child support proceedings.
563.28(2)
(2) The department shall disclose the social security number of any applicant for a supplier's license to the department of workforce development for the purpose of administering
s. 49.22.
563.28 History
History: 1997 a. 191.
563.285
563.285
Supplier's license and delinquent taxes. 563.285(1)(1) The department shall deny an application for the issuance or renewal of a license, or revoke a license already issued, if the department of revenue certifies under
s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An applicant for whom a license is not issued or renewed, or a licensee whose license is revoked, under this section for delinquent taxes is entitled to a notice under
s. 73.0301 (2) (b) 1. b. and a hearing under
s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.
563.285(2)(a)(a) If a licensee or an applicant for any license is an individual, the department shall disclose his or her social security number to the department of revenue for the purpose of requesting certifications under
s. 73.0301.
563.285(2)(b)
(b) If a licensee or an applicant for any license is not an individual, the department shall disclose the person's federal employer identification number to the department of revenue for the purpose of requesting certifications under
s. 73.0301.
563.285 History
History: 1997 a. 237.
563.29
563.29
Supplier prohibitions. 563.29(1)
(1) No person shall sell or distribute bingo supplies or equipment to any licensed organization without first having obtained a supplier's license, but an organization which is or has been during the preceding 12 months, licensed to conduct bingo in this state may sell bingo supplies and equipment actually used by it in the conduct of bingo to another licensed organization.
563.29(2)
(2) No person shall wilfully make any materially false statement in an application for a supplier's license.
563.29(3)
(3) No licensed supplier shall sell or distribute to a licensed organization any card unless it is identified in the standard set of bingo cards prescribed by the department.
563.29(5)
(5) No person directly or indirectly connected with the manufacture, sale or distribution of bingo supplies or equipment, and no agent, servant or employee of such person, shall conduct, advise or assist in the conduct of bingo; render any service to anyone conducting or assisting in the conduct of bingo; or prepare any form required of a licensed organization pertaining to bingo.
563.29(6)
(6) No licensed supplier, or the authorized agent, salesperson or representative of a licensed supplier, may, during the term of the license, sell or distribute bingo supplies or equipment to any person or organization other than a licensed supplier, licensed organization or organization using free cards and donated prizes, if any, for which no payment of consideration is made by participants.
563.29(7)
(7) No licensed supplier, or the authorized agent, salesperson or representative of a licensed supplier, shall be present to transact business during the conduct of bingo.
CONDUCT OF BINGO
563.51
563.51
Restrictions on the conduct of bingo. 563.51(1)
(1)
Who conducts. Only a person licensed under
s. 563.15 shall conduct bingo.
563.51(2t)
(2t) Prohibited places. Bingo may not be conducted at a place owned, operated or controlled by a person who has been convicted of having operated a gambling place within the past 5 years.
563.51(3)
(3) Who may play. Except for limited period bingo, only persons who pay for regular bingo cards may participate as a player in a regular or special bingo game.
563.51(4)
(4) Sufficient space to play. Purchase of a regular bingo card shall entitle each player to a place with sufficient room in which to play.
563.51(7)(a)(a) A licensed organization shall purchase or receive bingo supplies and equipment specifically designed or adapted for use in the conduct of bingo only from a licensed supplier or another licensed organization.
563.51(7)(b)
(b) Any equipment used in the conduct of bingo shall be owned absolutely by the licensed organization or borrowed from another licensed organization without payment of any compensation therefor by the licensed organization.
563.51(7)(c)
(c) The equipment and supplies used in the conduct of bingo shall be maintained in good repair and sound condition.
563.51(8)
(8) Profits used for proper and legitimate expenditures. The profits from any bingo game shall be used exclusively for proper and legitimate expenditures of the licensed organization.
