563.66 History
History: 1973 c. 156;
1989 a. 147;
1991 a. 269 s.
782jh; Stats. 1991 s. 563.66.
563.68
563.68
Expenditure of bingo funds after cessation of bingo. A licensed organization which has ceased to conduct bingo for any reason and has unexpended bingo funds shall disburse such funds in any of the following ways:
563.68(1)
(1) As provided under
s. 563.51 (8) within one year after the cessation of the conduct of bingo.
563.68(2)
(2) In accordance with a plan of expenditure approved in advance by the department.
563.69
563.69
Exemptions; community-based residential facilities, senior citizen community centers and adult family homes. This subchapter does not apply to an organization listed under
s. 563.11 (1) (b) to
(d).
563.69 History
History: 1989 a. 147;
1991 a. 269 s.
782jp; Stats. 1991 s. 563.69.
ENFORCEMENT AND PENALTIES
563.71
563.71
Duties of the department of justice. 563.71(1)(a)(a) Whenever the attorney general files with a circuit or supplemental court commissioner a statement that the attorney general believes that a violation of this chapter has occurred, the commissioner shall issue a subpoena for any person requested or named by the attorney general. Mileage and witness fees need not be paid in advance, but only verified claims for mileage and fees which are approved by the attorney general shall be paid out of the state treasury and charged to the appropriation under
s. 20.455 (1) (d) and shall be the same rates as those paid witnesses in circuit court.
563.71(1)(b)
(b) Testimony from persons subpoenaed under
par. (a) shall be taken by a stenographic reporter and transcribed and read to or by the witness and subscribed to by the witness, unless the parties represented stipulate upon the record that the reading of the transcript of such testimony to or by the witness and his or her signature thereto are waived and that the transcript may be used with like force and effect as if read and subscribed by the witness. The attendance of the witness for the purpose of reading and subscribing to the transcript may be compelled in the same manner that his or her attendance to be examined may be compelled.
563.71(1)(c)
(c) The supplemental court commissioner shall be entitled to the fees under
s. 814.68 (1). All such fees and all other costs and expenses incident to such inquiry shall be paid out of the appropriation under
s. 20.455 (1) (d).
563.71(2)
(2) Violations a public nuisance. A violation of this chapter constitutes a public nuisance under
ch. 823, irrespective of any criminal prosecution which may be or is commenced based on the same acts.
563.71(3)
(3) Application. This section does not apply to
subch. VIII.
563.72
563.72
Inspection for enforcement. Any peace officer or district attorney, within their respective jurisdictions, or an authorized employee of the department, may, at all reasonable hours, enter the premises where a bingo occasion is being conducted and examine the books, papers and records of the licensed organization to determine if all proper taxes or fees imposed have been paid. Any refusal to permit such examination of the premises by the licensed organization, its agent or an employee or the person in charge of the premises to which the bingo license relates, constitutes sufficient grounds for the suspension or revocation of a license, and is punishable under
s. 563.73 (2). In addition, such refusal constitutes sufficient grounds for any peace officer or other persons authorized under this section within their respective jurisdictions or authority to employ whatever reasonable action is necessary to conduct inspections permitted by this section.
563.73(2)
(2) Whoever violates any other provision of this chapter may be fined not more than $5,000 or imprisoned not more than 90 days or both.
563.73(3)
(3) The department of justice or the district attorney of the county where the violation occurs may commence an action in the name of the state to recover a civil forfeiture to the state of not more than $10,000 for the violation of any provision of this chapter.
563.73(4)
(4) The department of justice, the department or the district attorney of a county of an actual or potential violation, after informing the department of justice, may commence an action in the circuit court in the name of the state to restrain any violation of any provision of this chapter. The court may, prior to entry of final judgment, make such an order or judgment as necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the violation, provided proof thereof is submitted to the court. The department of justice may subpoena persons, require the production of books and other documents and request the department to exercise its authority to aid in the investigation of alleged violations of this section.
563.73 History
History: 1973 c. 156;
1977 c. 426;
1989 a. 147 s.
45; Stats. 1989 s. 163.73;
1991 a. 269 s.
782kp; Stats. 1991 s. 563.73;
1995 a. 27 s.
9123 (6pp);
1997 a. 27.
GROSS RECEIPTS TAX
563.80
563.80
Gross receipts tax. 563.80(1)(1) An occupational tax is imposed on those gross receipts of any licensed organization which are derived from the conduct of bingo, in the following amounts:
563.80(1)(a)
(a) One percent of the first $30,000 in gross receipts received by a licensed organization during a year.
563.80(1)(b)
(b) Two percent of the gross receipts received by a licensed organization during a year that exceed $30,000.
563.80 History
History: 1973 c. 156;
1991 a. 269 s.
782Ld; Stats. 1991 s. 563.80;
1997 a. 237;
1999 a. 5.
RAFFLES
563.90
563.90
Qualified organizations. Any local religious, charitable, service, fraternal or veterans organization or any organization to which contributions are deductible for federal income tax purposes or state income or franchise tax purposes, which has been in existence for one year immediately preceding its application for a license or which is chartered by a state or national organization which has been in existence for at least 3 years, may conduct a raffle upon receiving a license for the raffle event from the department. No other person may conduct a raffle in this state.
563.90 Annotation
The "local" requirement applies to all applicants, including tax-exempt organizations. Knights of Columbus v. Bingo Control Board,
151 Wis. 2d 404,
444 N.W.2d 447 (Ct. App. 1989).
563.90 Annotation
Certain political organizations and subdivisions of the state may qualify for a raffle license. 67 Atty. Gen. 323.
563.90 AnnotationEligibility requirements for licensure discussed.
76 Atty. Gen. 115.
563.905
563.905
Definitions. In this subchapter:
563.905(1)
(1) "Local organization" means an organization whose activities are limited to this state or to a specific geographical area within this state.
563.905(2)
(2) "Service organization" includes all of the following:
563.905(2)(a)
(a) A labor organization, as defined in
s. 5.02 (8m), whose jurisdiction is limited to a specific geographical area within the state.
563.905(2)(b)
(b) A political party, as defined in
s. 5.02 (13), except a state committee registered under
s. 11.05 and organized exclusively for political purposes under whose name candidates appear on a ballot at any election.
563.905 History
History: 1987 a. 240;
1989 a. 147;
1991 a. 269 s.
782Lt; Stats. 1991 s. 563.905.
563.91
563.91
Limit. No qualified organization under
s. 563.90 may conduct more than 200 raffles or more than one calendar raffle during a year.
563.91 History
History: 1977 c. 426;
1983 a. 222;
1989 a. 147;
1991 a. 269 s.
782md; Stats. 1991 s. 563.91.
563.92(1m)(1m) The department may issue a Class A license for the conduct of a raffle in which some or all of the tickets for that raffle are sold on days other than the same day as the raffle drawing and in which equal shares of a single ticket may be sold to one or more purchasers. The department may issue a Class B license for the conduct of a raffle in which all of the tickets for that raffle are sold on the same day as the raffle drawing.
563.92(2)
(2) The fee for a raffle license shall be $25 and shall be remitted with the application. A raffle license shall be valid for 12 months and may be renewed as provided in
s. 563.98 (1g). The department shall issue the license within 30 days after the filing of an application if the applicant qualifies under
s. 563.90 and has not exceeded the limits of
s. 563.91. All moneys received by the department under this subsection shall be credited to the appropriation account under
s. 20.505 (8) (j).
563.92(4)
(4) Proceedings to suspend or revoke a license to conduct raffles shall be initiated by the department pursuant to the rules promulgated under
s. 563.05 (4).
563.93
563.93
The conduct of raffles under a Class A license. All of the following shall apply to the conduct of a raffle under a Class A license:
563.93(1)
(1) All raffle tickets and all calendars shall be identical in form and include:
563.93(1)(a)
(a) The number of the license issued by the department.
563.93(1)(b)
(b) The name and address of the sponsoring organization.
563.93(1)(c)
(c) The price of the ticket or calendar and the discounted price, if any, applicable to multiple ticket or calendar purchases.
563.93(1)(d)
(d) A place for the purchaser to enter his or her name and address.
563.93(1)(e)
(e) The date, time and place of the drawing or drawings.
563.93(1)(f)
(f) A list of each prize to be awarded which has a retail value of $500 or more.
563.93(1s)
(1s) Each raffle ticket and each calendar sold by an organization shall include a separate identification number, printed on both the purchaser's and the organization's portion of the ticket or calendar, numbered consecutively in relation to the other tickets or calendars for the same drawing.
563.93(2)
(2) No raffle ticket may exceed $100 in cost.
563.93(2m)
(2m) No calendar may exceed $10 in cost for each month covered by the calendar.
563.93(3)
(3) No person may sell a raffle ticket or calendar unless authorized by an organization with a Class A license.
563.93(4)(a)(a) Except as provided in
par. (b), tickets for a proposed raffle may not be offered for sale more than 270 days before the raffle drawing.
563.93(4)(b)
(b) An organization that existed at least 5 years before the organization was issued a Class A license may offer tickets for sale for a proposed raffle up to one year before the date of the raffle drawing.
563.93(5)
(5) All raffle drawings shall be held in public.
563.93(6)
(6) All prizes shall be awarded. The purchaser of a ticket or calendar need not be present at the drawing to win a prize.
563.93(7)
(7) If a raffle drawing is canceled, the organization shall refund the receipts to the ticket or calendar purchasers.
563.93(8)
(8) The organization that holds a raffle drawing shall furnish a list of prize winners to each ticket or calendar holder who provides the organization with a self-addressed stamped envelope and requests the list.
563.93(9)
(9) If a person who holds a Class A license sells equal shares of a single ticket to one or more purchasers, the person shall, prior to the raffle drawing for which the shares were sold, purchase any shares of the ticket that have not been sold.
563.935
563.935
The conduct of raffles under a Class B license. All of the following shall apply to the conduct of a raffle under a Class B license:
563.935(1)
(1) All raffle tickets shall be identical in form.
563.935(2)
(2) The tickets need not be numbered consecutively.
563.935(3)
(3) No raffle ticket may exceed $10 in cost.
563.935(4)
(4) No person may sell a raffle ticket unless authorized by an organization with a Class B license.
563.935(5)
(5) All raffle drawings shall be held in public.
563.935(6)(a)(a) Except as provided in
par. (b), the purchaser of a ticket must be present at the drawing to win a prize, unless the purchaser gives the ticket to another person who may claim the prize on behalf of the purchaser, but only if that other person is present at the drawing. If the purchaser of the ticket gives the ticket to another person to claim a prize on behalf of the purchaser, the organization conducting the raffle and the department shall not be held responsible or liable in any dispute regarding the ownership of the ticket.
563.935(6)(b)
(b) Any organization conducting a raffle may, according to procedures determined by the organization, allow the purchaser of a ticket not to be present at the drawing to win a prize.
563.935(8)
(8) The time of the drawing and the prizes to be awarded, the prize amount or the methodology used to determine the prize amount shall be posted or announced before the drawing.
563.935(9)
(9) If a raffle drawing is canceled, the organization shall refund the receipts to the ticket purchasers.
563.935 History
History: 1995 a. 27,
301;
1997 a. 27.
