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.
563.51(9)
(9) Limitation on value of prizes. No prize in a single bingo game shall exceed $250. The aggregate value of prizes at any bingo occasion may not exceed $1,000 except by the amount resulting from the awarding of minimum prizes under
sub. (27).
563.51(10)(a)(a) No licensed organization shall award any prize consisting of alcoholic or fermented malt beverages or an interest in real estate or securities.
563.51(10)(b)
(b) No bonus or additional prizes shall be awarded on the basis of either a specific arrangement of the numbers or the type of card required to win a game. No prize shall be determined on the basis of a specified number of calls.
563.51(11)
(11) Merchandise prizes. If any merchandise prize is awarded in a bingo game, its value shall be its current retail price. The current retail price of merchandise prizes donated to a licensed organization shall not be reported as an expenditure in its financial statement of bingo operations. No merchandise prize shall be redeemable or convertible into cash directly or indirectly by the licensed organization.
563.51(12)
(12) Management and operation of bingo. No person shall receive remuneration for participating in the management or operation of any bingo game.
563.51(13)
(13) Age limitations. No person under age 18 shall:
563.51(13)(a)
(a) Play any bingo game conducted by a licensed organization, unless accompanied by that person's parent, guardian or spouse.
563.51(14)
(14) Only proper and legitimate expenditures permitted. No expenditures other than proper and legitimate expenditures may be made in connection with the conduct of bingo by a licensed organization.
563.51(15)
(15) Regular bingo game fee. A fee of not more than $1 may be charged for admission to premises at which a regular bingo game is conducted. The fee entitles the person to participate, without additional charge, in all regular bingo games played at such bingo occasion, except that a fee of not more than $1 may be charged for each extra regular card.
563.51(16)
(16) Winners and prizes; same day. Each bingo winner shall be determined and every prize shall be awarded and delivered on the same day on which the bingo occasion is conducted.
563.51(18)
(18) Sale of supplies, merchandise and refreshments. In addition to the sale of bingo supplies by the licensed organization or the sale of food or refreshments, merchandise may be sold on the premises where bingo is conducted when authorized by the licensed organization.
563.51(19)
(19) Bingo cards; printing. Bingo cards shall be printed only on one side.
563.51(20)
(20) Separate count of bingo cards. The licensed organization shall keep an accurate, separate count of the number of regular bingo cards, extra regular cards and special bingo cards which are sold, rented or used. Such information shall be available for inspection at the close of the bingo occasion.
563.51(21)
(21) Price of bingo cards. Regular bingo cards, extra regular cards and special bingo cards shall each be assigned a specific price, and the price shall remain the same during a bingo occasion. At any time during a bingo occasion, a card may be changed at no additional cost. Cards shall be sold or rented only on the premises at which bingo is being conducted. A price list shall be posted where the regular bingo cards are distributed, setting forth the price of each type of card. Only the posted price may be charged. The regular bingo cards and the extra regular cards shall be readily distinguishable from each other.
563.51(22)(a)(a) The method of play in any bingo game and the utilization of bingo equipment and supplies shall be such that each player is afforded an equal opportunity to win.
563.51(22)(b)
(b) The objects to be drawn shall be essentially the same in size, color, shape, weight, balance and all other characteristics, so that at all times during the conduct of bingo, each object possesses the capacity for equal agitation with any other object within the receptacle.
563.51(22)(c)
(c) All 75 objects shall be present in the receptacle at the beginning of each bingo game.
563.51(22)(d)
(d) The announcement of all numbers drawn shall be clearly audible to the players present.
563.51(22)(e)
(e) When more than one room is used for any one bingo game, the receptacle and the caller and any assistant shall be in the room where the greatest number of players are present; and all numbers shall be announced in a manner clearly audible to the players in each room.
563.51(22)(f)
(f) Once removed, no object shall be returned to the receptacle until after the conclusion of the game.
563.51(22)(g)
(g) Immediately following the calling of each number in a bingo game, the caller shall turn that portion of the object which shows the number and letter to the players.
563.51(23)
(23) Number arrangement announced; prizes announced and posted. The particular arrangement of numbers required to be covered in order to win and the amount of the prize for each game shall be clearly described and audibly announced to the players immediately before each game. The amount of the prize for each bingo game also shall be posted where the regular bingo cards are distributed.
563.51(24)(a)(a) The numbers appearing on the winning card at the time a winner is determined shall be verified in the immediate presence of at least one disinterested player.
563.51(24)(b)
(b) At the time a winner is determined, any player may call for a verification of all numbers and of the objects remaining in the receptacle and not yet drawn. This verification shall be made in the immediate presence of the supervising member and at least one disinterested player.
563.51(26)
(26) Limit on hours of bingo. No bingo game may commence before 7 a.m. or after 12 midnight, except as provided in
s. 563.55.
563.51(27)
(27) More than one winner. When more than one player is found to be the winner on the call of the same number in the same bingo game, a cash prize shall be divided equally among the winners. The licensed organization may elect to round off the prize to any amount between the next lower dollar and the next higher dollar. Any licensed organization may elect to set a minimum prize of not exceeding $10 for each winner. When equal division of a merchandise prize is not possible, identical substitute prizes whose aggregate retail value is approximately equal to that of the designated prize may be awarded or a cash prize equal to the retail value may be divided among the winners as provided in this subsection.
563.51(28)
(28) Prohibited from playing. No licensed organization shall permit any person who is conducting or assisting in the conduct of bingo on a bingo occasion to participate as a player on that occasion.
563.51(29)
(29) Bingo caller. No person may act as a caller in the conduct of any game of bingo unless the person:
563.51(29)(a)
(a) Has been a member in good standing of the licensed organization, the auxiliary of the licensed organization or the parent organization or a member of the local unit of the religious organization which the licensed organization is a member of for at least one year immediately preceding the date of the game or is the spouse of such a member.
563.51(29)(b)
(b) Subject to
ss. 111.321,
111.322 and
111.335, has never been convicted of a felony or, if convicted, has been pardoned or released from probation, extended supervision or parole for at least 5 years.
563.51 Annotation
A televised bingo program involving viewer participation violates this section and exposes the sponsoring organization and participating television station to prosecution under ss. 163.54 (now 563.73), 945.02 (3) and 945.03 (4) (now 945.03 (1m) (d)). 65 Atty. Gen. 80.
563.51 Annotation
The state's interest in preventing organized crime infiltration of a tribal bingo enterprise does not justify state regulation in light of the compelling federal and tribal interest supporting it. California v. Cabazon Band of Indians,
480 U.S. 202 (1987).
563.52
563.52
Limited period bingo. 563.52(1)
(1) In this section, "licensee" means a person licensed to conduct limited period bingo.
563.52(4)
(4) No admission fee shall be charged to play limited period bingo.
563.52(5)
(5) A fee of not more than 50 cents per game may be charged for a single card to participate in limited period bingo.
563.52(6)
(6) All other provisions in this chapter relating to regular bingo games shall apply to limited period bingo except as otherwise provided.
563.52 History
History: 1973 c. 156;
1975 c. 99;
1989 a. 147;
1991 a. 269 s.
782hd; Stats. 1991 s. 563.52.
563.53
563.53
Special bingo games. In addition to provisions in this chapter relating to regular bingo games, the following provisions shall apply to special bingo games:
