Chapter 563

563.02 563.02 Purpose. The legislature declares that:

563.02(1) (1) All phases of the conduct of bingo, except bingo games using free cards and donated prizes for which no payment of consideration is made by participants, should be closely controlled by appropriate laws and rules, which should be uniformly enforced throughout this state.

563.02(1m) (1m) All phases of the conduct of raffles should be closely controlled by appropriate laws, which should be uniformly enforced throughout this state.

563.02(2) (2) The conduct of bingo, raffles and all attendant activities, except bingo games using free cards and donated prizes for which no payment of consideration is made by participants, should be so regulated as to discourage commercialization of bingo and raffles in all forms and to ensure the maximum use of the profits of bingo exclusively for proper and legitimate expenditures.

563.02(3) (3) It is a matter of statewide concern to foster and support proper and legitimate expenditures and to prevent commercialized gambling, participation by criminal and other undesirable elements and diversion of funds from usage for proper and legitimate expenses.

563.02 History History: 1973 c. 156; 1975 c. 99; 1977 c. 426; 1987 a. 21; 1989 a. 147; 1991 a. 269 s. 779r; Stats. 1991 s. 563.02; 2015 a. 6.

563.02 Annotation The state may not enforce bingo laws on Indian reservations. Oneida Tribe of Indians of Wisconsin v. State of Wisconsin, 518 F. Supp. 712 (1981).

563.03 563.03 Definitions. In this chapter:

563.03(1) (1) “Adult family home” has the meaning given in s. 50.01 (1).

563.03(1m) (1m) “Bingo” means a game of chance in which players pay a consideration in order to participate, in which 75 numbered objects are available for selection, and those objects actually selected are selected on a random basis, and in which each player participates by means of cards sold, rented or used only at the time and place of the game, each card containing 5 rows of 5 spaces each, each space printed with a number from 1 to 75, except the central space, which is marked “FREE”. Winners are determined and prizes awarded on the basis of possessing a bingo card on which some combination of numbers are printed and conform to the numbered objects selected at random based on a predetermined winning arrangement. “Bingo” as used in this chapter shall not mean any game using free cards and donated prizes, if any, for which no payment of consideration is made by participants.

563.03(2) (2) “Bingo occasion” means a single gathering or session at which a series of successive bingo games is played.

563.03(3) (3) “Bingo supplies and equipment” means all cards, boards, sheets, markers, pads or other supplies, devices or equipment designed for use in the play of bingo.

563.03(4e) (4e) “Calendar” means a table or register of days covering not less than one nor more than 12 calendar months that entitles the purchaser to one entry in each drawing in a calendar raffle.

563.03(4m) (4m) “Calendar raffle” means a raffle for which a drawing is held and a prize awarded on each date specified in a calendar.

563.03(4s) (4s) “Community-based residential facility” has the meaning given in s. 50.01 (1g).

563.03(5) (5) “Department” means the department of administration.

563.03(5m) (5m) “Division of gaming” means the division of gaming in the department.

563.03(5r) (5r) “Drawing” means any of the following methods for determining a winner of a game of chance:

563.03(5r)(a) (a) Random selection of a ticket portion or calendar portion from a container housing portions of all tickets or calendars purchased for the selection.

563.03(5r)(b) (b) A plastic or rubber duck race.

563.03(6) (6) “Extra regular card” means a nondisposable card which affords additional opportunities to play in a regular bingo game to be played at a bingo occasion.

563.03(6m) (6m) “Gambling place” has the meaning designated in s. 945.01 (4) (a).

563.03(7) (7) “Gross receipts” means total receipts received from the conduct of bingo including, but not limited to, receipts from the sale, rental or use of regular bingo cards, extra regular cards, special bingo cards and bingo supplies.

563.03(9) (9) “Licensed organization” means an organization licensed under this chapter to conduct bingo.

563.03(10) (10) “Limited period bingo” means the conduct of bingo for a period of not more than 4 out of 5 consecutive days in any one year at a festival, bazaar, picnic, carnival or similar special function conducted by a licensed organization.

563.03(10m) (10m) “Multiple-container raffle” means a raffle to which all of the following apply:

563.03(10m)(a) (a) One or more drawings are held and one or more prizes are awarded on the same date and at the same location.

563.03(10m)(b) (b) A drawing for each prize or group of prizes is made from a container specific to each prize or group of prizes.

563.03(10m)(c) (c) The ticket purchaser places his or her ticket in the container of his or her choice.

563.03(11) (11) “Premises” means any room, hall, enclosure, tent, or outdoor area in which bingo is being played.

563.03(12) (12) “Profit” means the gross receipts collected from one or more bingo occasions, less reasonable sums necessarily and actually expended for bingo supplies and equipment, prizes, utilities, license fees and taxes.

563.03(12c) (12c) “Progressive jackpot bingo” means a series of bingo games in which the prize is carried over to the succeeding game if no player wins a game within a specified number of calls.

563.03(12e) (12e) “Proper and legitimate expenditure” means an expenditure made by an organization for any of the following:

563.03(12e)(a) (a) Any purpose for which the organization is organized.

563.03(12e)(b) (b) The advancement, improvement or benefit of the organization, if the amount of the expenditure does not exceed the fair market value of the advancement, improvement or benefit.

563.03(12r) (12r) “Raffle” means a game of chance for which tickets or calendars are sold and one or more drawings for prizes are held, but does not include a savings promotion program under s. 186.114, 214.595, 215.137, or 221.0329 or a program sponsored by a federally chartered financial institution, or in which a federally chartered financial institution participates, that meets all requirements for a savings promotion program under s. 186.114, 214.595, 215.137, or 221.0329.

563.03(13) (13) “Regular bingo card” means a nondisposable card issued to a person upon payment of the admission fee which affords a person the opportunity to participate in all regular games played at a bingo occasion.

563.03(14) (14) “Regular bingo game” means a bingo game in which a person, upon payment of an admission, is issued a regular bingo card and may purchase or rent extra regular cards.

563.03(14t) (14t) “Senior citizen community center” means a public place in which recreational or social activities are made available primarily to individuals who are 55 years of age or older.

563.03(14w) (14w) “Single-container raffle” means a raffle for which one or more drawings from a single container are held and one or more prizes are awarded on one date and at one location.

563.03(15) (15) “Special bingo card” means a disposable, specially marked bingo card which affords a person the opportunity to participate in a special bingo game to be played at a bingo occasion.

563.03(16) (16) “Special bingo game” means any bingo game which is not a regular bingo game and which is played with special bingo cards.

563.03(17) (17) “Ticket” means an instrument that entitles the purchaser to one entry in a raffle other than a calendar raffle.

563.03 History History: 1973 c. 156; 1975 c. 99; 1977 c. 426; 1979 c. 32, 34; 1983 a. 222; 1989 a. 147; 1991 a. 269 ss. 779s to 779w; Stats. 1991 s. 563.03; 1997 a. 27; 2005 a. 247; 2009 a. 28; 2011 a. 32; 2013 a. 273; 2015 a. 6; 2017 a. 72, 361.

subch. II of ch. 563 SUBCHAPTER II

DUTIES AND POWERS

563.04 563.04 General duties of the department. The department shall:

563.04(2) (2) Conduct hearings on the suspension or revocation of a license for violation of this chapter or any applicable rules promulgated under it.

563.04(3) (3) Promulgate rules under ch. 227 relating to the issuance, renewal, amendment, suspension, and revocation of bingo licenses and the conduct of bingo under this chapter.

563.04(4) (4) Approve and establish a standard set of bingo cards comprising a consecutively numbered series and prescribe by rule the manner in which such cards are to be reproduced and distributed to a licensed organization.

563.04(5) (5) Prescribe appropriate forms necessary to carry out this chapter.

563.04(6) (6) Issue, renew and amend licenses:

563.04(6)(a) (a) To organizations to conduct bingo.

563.04(6)(b) (b) To the member designated by the organization who is responsible for the gross receipts.

563.04(7) (7) Issue and renew licenses to suppliers of bingo supplies and equipment.

563.04(8) (8) Have power to temporarily suspend any license.

563.04(10) (10) Refer for investigation potential or actual violations of this chapter and rules promulgated under it to the district attorney of the county in which a bingo occasion will be or was held.

563.04(13) (13) Establish the style, content and format of all licenses issued under this chapter.

563.04 History History: 1973 c. 156; 1979 c. 34 ss. 1000, 2100 (45) (a); 1989 a. 31, 147; 1991 a. 39; 1991 a. 269 ss. 780d to 781p; Stats. 1991 s. 563.04; 1995 a. 27 s. 9123 (6pp); 1997 a. 27; 2001 a. 16; 2015 a. 6; 2017 a. 361.

563.04 Cross-reference Cross-reference: See also chs. Game 3, 41, 42, and 43, Wis. adm. code.

563.05 563.05 Departmental duties; powers; prohibitions.

563.05(2) (2) The department may promulgate rules requiring holders of licenses issued under subch. III to post a notice in a conspicuous place where a bingo occasion is being conducted describing the procedures for filing a complaint against the holder.

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 license that is issued under subch. III.

563.05(4) (4) The department may promulgate rules relating to bingo that establish procedures to be used by the department for receiving, filing, and investigating complaints, for commencing disciplinary proceedings, and for conducting hearings.

563.05(4m) (4m) Notwithstanding s. 227.11, the department may not promulgate or enforce any rule that interprets the provisions under subch. VIII or any other provisions under this chapter that relate to raffles.

563.05(5) (5) No employee in the division of gaming who performs any duty related to bingo or raffles or the secretary, deputy secretary, or assistant 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.

563.05 History History: 1991 a. 269 ss. 782ad, 782ah, 1110b, 1110d; Stats. 1991 s. 563.05; 1995 a. 27 ss. 6976, 9123 (6pp); 1997 a. 27; 1999 a. 5; 2011 a. 32; 2013 a. 20, 273; 2015 a. 6.

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 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) (jn).

563.055 History History: 1989 a. 31; 1991 a. 269 s. 782ap; Stats. 1991 s. 563.055; 1995 a. 27 ss. 6976c, 9123 (6pp); 1997 a. 27; 1999 a. 5; 2017 a. 59; 2021 a. 58.

563.10 563.10 Rules governing commingling of receipts prohibited. The department may not promulgate any rule relating to the commingling of bingo and raffle receipts.

563.10 History History: 1979 c. 41; 1985 a. 182 ss. 55 (4), 57; 1991 a. 269 s. 782at; Stats. 1991 s. 563.10; 1995 a. 27 s. 9123 (6pp); 1997 a. 27; 2015 a. 6.