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:
563.135(1)(a)
(a) Only residents, guests of residents and employees of the community-based residential facility or adult family home, or members, patrons, guests of members and patrons and employees of the senior citizen community center, will play bingo;
563.135(1)(b)
(b) Bingo will be played only as a recreational or social activity;
563.135(1)(c)
(c) No admission fee will be charged to play bingo; and
563.135(1)(d)
(d) The total fee charged to a player for all bingo cards used by the player at a bingo occasion will not exceed $2 and the aggregate value of prizes awarded at the bingo occasion will equal the total amount of fees that are collected from all of the players at the bingo occasion.
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.
