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;
2005 a. 22.
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 all of the following rules shall apply to bingo conducted by the organization:
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, may play bingo.
563.135(1)(b)
(b) Bingo may be played only as a recreational or social activity.
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;
2005 a. 247.
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.
