(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
(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 no more than $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.
(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.
(29) Bingo caller.
No person may act as a caller in the conduct of any game of bingo unless the person:
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.
Subject to ss. 111.321
, 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.
See also chs. Game 41
, Wis. adm. code.
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 s. 563.73), 945.02 (3), and 945.03 (4) (now s. 945.03 (1m) (d)). 65 Atty. Gen. 80.
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
Limited period bingo. 563.52(1)(1)
In this section, “licensee" means a person licensed to conduct limited period bingo.
No admission fee shall be charged to play limited period bingo.
A fee of not more than $1 per game may be charged for a single card to participate in limited period bingo.
All other provisions in this chapter relating to regular bingo games shall apply to limited period bingo except as otherwise provided.
History: 1973 c. 156
; 1975 c. 99
; 1989 a. 147
; 1991 a. 269
; Stats. 1991 s. 563.52; 2005 a. 247
Special bingo games.
In addition to provisions in this chapter relating to regular bingo games, the following provisions shall apply to special bingo games:
All special bingo cards shall be in a form approved by the department.
Each special bingo card shall be used for one game only and shall be indelibly marked by the player while in use so as to render it void and unusable thereafter.
A fee of not more than $1 may be charged for each special bingo card.
Progressive jackpot bingo. 563.54(1)(1)
A player wins progressive jackpot bingo by covering all the numbers on his or her bingo card within a specified number of calls. The number of calls for the first game shall be at least 48. The number of calls shall increase by one in each succeeding game until a player wins the progressive jackpot bingo prize.
The starting prize for progressive jackpot bingo shall be any of the following:
Fifty percent of the card sales for the first progressive jackpot bingo game.
An amount specified before the start of play, not to exceed $500.
The prize for each succeeding game of progressive jackpot bingo shall be 50 percent of the card sales for the game plus the prize amount from the preceding game.
After the specified number of calls for a game of progressive jackpot bingo are completed, if no person has won, the game shall continue until a player covers all of the numbers on his or her card and that player shall be awarded a consolation prize of not less than $100. The consolation prize may not be paid from the 50 percent of card sales used to fund the progressive jackpot bingo prize.
No card for a game of progressive jackpot bingo may be sold after the game has begun.
Once started, progressive jackpot bingo shall be played at each succeeding bingo occasion until a player wins a game of progressive jackpot bingo, except that progressive jackpot bingo may be played only once per day.
Progressive jackpot bingo may be played only on special bingo cards.
History: 2005 a. 247
Any political subdivision of this state may enact an ordinance that extends the hours during which bingo may be played under s. 563.51 (26)
History: 1973 c. 156
; 1989 a. 147
; 1991 a. 269
; Stats. 1991 s. 563.55.
REPORTS AND FINANCIAL STATEMENTS
Report of bingo operations. 563.61(1)(1)
Each licensed organization shall file with the department, on a form prescribed by the department, a semiannual report of bingo operations for each 6-month period beginning on the date on which the organization's license is issued. The report is due on the 60th day after the last day of the reporting period. The report shall be accompanied by the payment of the gross receipts tax due. The licensed organization shall retain a copy of the report for its permanent records. The report shall include:
The name and address of each supervising member and the member responsible for the proper utilization of gross receipts.
The date, hour and address of each bingo occasion held during the reporting period.
The number of games played at each bingo occasion held during the reporting period.
An itemized statement of the gross receipts from each bingo occasion held during the reporting period, including gross receipts from sales of regular bingo cards, extra regular cards, special game cards and sale of supplies.
An itemized statement of expenditures for each bingo occasion held during the reporting period, including amounts paid for prizes, bingo supplies and equipment, license fees and other expenses.
An itemized statement of expenditures, if any, made during the reporting period by the licensed organization for the advancement, improvement or benefit of the licensed organization.
A statement showing the balance in the licensed organization's bingo account and all deposits into and adjustments in the bingo account that were made during the reporting period.
The name of the depository and the title and number of the account.
The report shall be signed by the member responsible for the proper utilization of gross receipts for the bingo occasion.
If no bingo games are held on a date when a license authorizes them to be held, a report to that effect shall be filed with the department.
Reports improperly filed. 563.62(1)(1)
The department may refuse to renew a license of an organization found to be delinquent in filing its financial statement or found to have filed an incomplete statement of bingo operations.
If a licensed organization fails to file a financial statement of bingo operations within 5 days after notification by the department of the delinquency, the department may suspend the license, pending the filing of the financial statement.
If the financial statement filed by a licensed organization is not fully, accurately and truthfully completed, the department may refuse to renew a license or may suspend a license until such time as a statement in proper form has been filed.
Each licensed organization shall maintain one account which shall be designated as the “bingo account" and which shall be a regular or interest-bearing checking, share draft or negotiable order of withdrawal account from which canceled checks, share drafts or negotiable orders of withdrawal, or microfilm copies of any of them, may be obtained. All gross receipts derived from the conduct of bingo shall be deposited into the bingo account. No other receipts may be deposited in a bingo account. Deposits shall be made within 5 days following the date of a bingo occasion. All accounts shall be maintained in a financial institution located in this state.
All withdrawals from the bingo account shall be by checks or other drafts having preprinted consecutive numbers, signed by the duly authorized person and made payable to a specific person. Except as permitted in par. (b)
, no such check or other draft shall be issued payable to “cash" or to “bearer".
If more than one player is declared to be the winner on the call of the same number in the same bingo game and an equal division of the cash prize is $10 or less for each winner, a check for the game total prize may be issued to “Cash—Game #—" and the winners paid with cash from that check.
Checks or other drafts drawn on the bingo account shall be for one or more of the following purposes:
The payment of necessary and reasonable expenses incurred in connection with the conduct of bingo, including prizes, bingo supplies and equipment, utilities, license fees and taxes.
Gross receipts derived from the conduct of bingo shall not be commingled with any other funds of the licensed organization. Except as permitted by sub. (3) (b)
, no part of such receipts shall be transferred to any other account maintained by the licensed organization.
See also ch. Game 43
, Wis. adm. code.
Bookkeeping and accounts. 563.64(1)(1)
Each licensed organization shall maintain a single entry or double entry bookkeeping system for the purpose of recording all receipts and expenditures in connection with the conduct of bingo and the disbursement of profits derived therefrom. Such bookkeeping system shall consist of a columnar book maintained on a calendar or fiscal year basis.
The columnar book, deposit books, canceled checks, records of share drafts, check books, records of share accounts, records of negotiable orders of withdrawal, deposit slips, bank statements and copies of financial statements of bingo operations and all other books and accounts shall be maintained for not less than 4 years and shall be available at reasonable times for examination by the department or its authorized representative. The department may require the licensed organization to obtain microfilm copies of share drafts to the extent necessary for examination purposes. All documents supporting the entries made in the books of accounts shall be kept by the licensed organization for a period of not less than 4 years. Such documents shall include, but are not limited to, bank statements, canceled checks, records of share drafts, deposit slips and invoices for all expenditures.
Proper and legitimate expenditures; reimbursement and waiver.
If a financial audit of a licensed organization shows that an expenditure of bingo funds was not a proper and legitimate expenditure and the department requests that the licensed organization reimburse the appropriate bingo account in an amount equal to the amount so expended, the licensed organization may appeal the request to the department. The department may waive or reduce the amount of any such reimbursement if the licensed organization presents evidence satisfactory to the department that the licensed organization acted in good faith and by mistake or inadvertently in so expending the funds.
Financial report to membership. 563.66(1)(1)
At least once a year, each licensed organization shall report the following information in writing to its membership regarding the bingo occasions which it has conducted:
Any interest earned on profits deposited in interest-bearing accounts.
The information reported under sub. (1)
shall be incorporated into the minutes or records of each licensed organization. If a licensed organization is an auxiliary or affiliate of a parent organization, a copy of the written report shall be filed with the executive officer of the parent organization and incorporated into its minutes.
History: 1973 c. 156
; 1989 a. 147
; 1991 a. 269
; Stats. 1991 s. 563.66.
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:
As provided under s. 563.51 (8)
within one year after the cessation of the conduct of bingo.
In accordance with a plan of expenditure approved in advance by the department.
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)
History: 1989 a. 147
; 1991 a. 269
; Stats. 1991 s. 563.69.