Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Board approval; purchase or lease of gambling equipment and linked bingo
services.
A. To obtain board approval
for linked bingo games, a linked bingo game provider must provide the linked
bingo game on its system to the director, at no charge, to be used to determine
compliance with subparts
1 and
1a and part
7863.0270.
B. Electronic linked bingo games and systems
approved prior to June 16, 2014, must become compliant within 180 days of June
16, 2014.
C. A linked bingo game
provider may not purchase or obtain gambling equipment or linked bingo services
from any other linked bingo game provider.
D. Electronic linked bingo system and device
leases must contain:
(1) the organization's
license number;
(2) the name and
address of the permitted premises where the electronic linked bingo system and
devices will be used;
(3) the terms
of the lease agreement;
(4) a
clause prohibiting the electronic linked bingo devices from being transferred
to another permitted premises unless prior written approval by the board is
obtained; and
(5) a termination
clause of not greater than six months.
E. The lease price of an electronic linked
bingo system and devices:
(1) must be based on
a predetermined lease amount; and
(2) must not be based on a percentage of
gross receipts.
F. The
linked bingo game provider must submit a copy of the lease agreement to the
board within ten days of signing or amending a lease agreement.
G. Within ten days of being notified by the
board that a manufacturer has terminated its license, the license has expired,
or the license was revoked by the board, a licensed linked bingo game provider
must submit to the board a certified physical inventory. The certified
inventory must include the name, form number, and quantity of all gambling
equipment currently in inventory or owned or leased by the linked bingo game
provider that was manufactured by the manufacturer.
Subp. 1a.
Linked bingo game system
requirements.
The linked bingo game system must meet the following
requirements:
A. be capable of
recording and printing detailed sales and accounting reports, including the
price per face and the number of linked bingo paper sheets or facsimiles of
linked bingo sheets sold at each permitted premises;
B. have an automatic or manual backup system
to save all sales, financial, and game data;
C. be capable of recording and printing all
financial transaction reports, in addition to maintaining, and printing on
demand by the board, a log of significant events or exceptions relating to
accounting and sales;
D. have
secure access, limited to authorized persons only;
E. allow for sales data corrections, if
necessary, by authorized personnel through a password-controlled audit menu,
and maintain and print on demand by the board, a log of all accounting changes
including the name of the person who made the changes, date and time of the
change, and the items adjusted;
F.
have the capability of supporting remote sales units that must immediately
communicate all sales directly to the main linked bingo game system
computer;
G. have either a bingo
ball blower system or an electronic random number generator to select bingo
numbers, have the means to enter the selected numbers into the linked bingo
game system for validation purposes, and have the means to correct any input
errors up to the time a valid linked bingo game winner is determined;
H. contain a means by which all bingo sheet
perm numbers or electronic serial and face numbers are contained within the
database for winning face identification. The linked bingo game system must be
able to verify winning serial and face numbers, determine if there is more than
one bingo, verify that each called bingo is valid, and print a record of all
selected numbers and each winning bingo face;
I. possess a database of all bingo perms used
in conjunction with the linked bingo game. The linked bingo game system must
not allow changes or modifications to the bingo faces. Access to the database
must be controlled by password authorization or another secure
method;
J. maintain an internal
clock with current synchronized time for all components in 24-hour format and
date. The clock must be able to provide:
(1)
time stamping of significant events, including all sales and draw events;
and
(2) reference clock for
reporting;
K. be capable
of producing general accounting reports, including the information prescribed
by the board; and
L. be tested by a
board-approved independent testing laboratory certifying that the system meets
the requirements in this subpart, with all costs associated with testing paid
by the linked bingo game provider.
Before being implemented, any subsequent changes in the game
system must be submitted to the director for review and approval. The linked
bingo game provider must modify the system as required by the director to
ensure compliance with these requirements.
Subp. 2.
Sales of linked bingo paper;
sale and lease of linked bingo game system equipment and services.
This subpart applies to the sale of linked bingo paper and the
sale or lease of linked bingo game system equipment and services.
A. A linked bingo game provider may not
provide any linked bingo paper or linked bingo game system equipment or
services to a licensed distributor or a licensed organization before the
effective date of the linked bingo game provider's license.
B. The terms and conditions of an agreement
to provide linked bingo game system equipment or services to a licensed
organization must be in a form approved by the board. The agreement must
include details on the operation of the linked bingo game and distribution of
costs and proceeds. A copy of the agreement must be submitted to the board or
director before the first linked bingo game is conducted by the organization.
Before being implemented, any subsequent changes to an agreement must be
submitted to the director for review and approval.
C. If an organization's license is revoked,
lapsed, or terminated, or if the premises permit is revoked, the linked bingo
game agreement is canceled without further obligations on the part of the
organization, except that all linked bingo equipment must be returned by the
organization to the linked bingo game provider.
D. Linked bingo paper sold for use in
Minnesota must be delivered only to the licensed distributor that ordered the
linked bingo paper.
E. A linked
bingo game provider may not provide a merchandise prize to a licensed
organization conducting linked bingo.
F. The following apply to the lease of
electronic bingo devices used for linked bingo games:
(1) A linked bingo game provider may only
lease electronic bingo devices to a licensed organization and is prohibited
from selling electronic bingo devices to a licensed organization.
(2) A linked bingo game provider may lease
electronic bingo devices to more than one licensed organization at the same
permitted premises.
(3) The lease
agreement must contain the organization's license number, name and address of
the permitted premises where the electronic bingo devices will be used, and
terms of the lease agreement, including a prohibition that the electronic bingo
devices must not be transferred to another permitted premises unless approved
in writing by the board.
(4) The
lease price of an electronic bingo device:
(a)
must be based on a predetermined monthly amount or based on the per unit lease
amount for the previous calendar week; and
(b) must not be based on a percentage of
gross receipts.
(5) The
linked bingo game provider must submit a copy of the lease agreement to the
board within ten days of signing or amending a lease agreement.
Subp. 2a.
Conduct
of linked bingo game.
When conducting a linked bingo game in conjunction with the
requirements of part
7861.0270, subpart 10, a linked
bingo game provider must:
A. comply
with the management plan required by part
7863.0250, subpart
5, item D, and approved by
the board, with any subsequent changes to be reviewed, modified if necessary,
and approved by the director;
B.
ensure that the linked bingo system operates as required by subparts
1 and
1a and part
7863.0270;
C. establish and maintain audio, video, and
secured data transmission as necessary. Before the first bingo number is
selected, the linked bingo game provider must verify the link status between
all participating organizations and the location where the bingo numbers are
being selected. Before the first bingo number is selected, the linked bingo
game provider must announce or display to the players the jackpot
amount;
D. if the primary
transmission of audio, video, or data fails, the linked bingo game provider
must have procedures in place for game reconciliation;
E. record and keep for a minimum of 60 days
all activity related to the transmission of a linked bingo game;
F. award linked bingo prizes of $600 or more
within three business days of verification of the winning bingo. Linked bingo
prizes of less than $600 may be awarded as determined by the linked bingo game
provider and approved by the board. Linked bingo prizes are considered awarded
when mailed payment is postmarked. If payment is transmitted in any other
manner, linked bingo prizes are considered awarded upon receipt by the player.
If there are multiple winners, the jackpot amount must be equally divided and
awarded for each verified winning bingo face. Fractional dollars may be rounded
to the nearest higher dollar; and
G. prepare and submit to the appropriate
state and federal agencies all relevant tax information pertaining to winners
of linked bingo game jackpots.
Subp.
2b.
Seeding of progressive prize jackpots.
A. All prize money from a progressive series
of games must be awarded to players once the jackpot prize is won.
(1) No portion of a player's wager may be
used for supplementing the prizes offered for future progressive
games.
(2) The prize amount may not
be reduced for the purpose of supplementing the prizes offered for future
progressive games.
B. If
a progressive jackpot prize amount to be awarded exceeds the amount players
have contributed toward that jackpot prize, the linked bingo game provider must
fund the difference between the amount contributed by players and the amount
awarded. Amounts paid by the linked bingo game provider for this purpose may
not be recovered from proceeds of another current or subsequent series of
progressive games.
Subp.
3.
Return of defective linked bingo paper; issuing credit
invoice.
This subpart pertains to the return of linked bingo paper that
was not manufactured in compliance with the standards in part
7864.0230 and was returned to the
linked bingo game provider according to part
7861.0260, subpart
8.
A. Within 14 business days of accepting the
return of linked bingo paper and making a determination that the linked bingo
paper was not manufactured according to part
7864.0230, subpart
4, the linked bingo game
provider must issue a credit invoice to the organization. A copy of the credit
invoice must be filed electronically, as required by the commissioner of
revenue.
B. If the linked bingo
game provider ships replacement linked bingo paper to the organization, the
linked bingo game provider must prepare a sales invoice as required in subpart
5.
Subp. 3a.
Defective electronic linked
bingo game.
A. If an electronic linked
bingo game is found to be defective, the linked bingo game provider must
immediately:
(1) remove the game from
play;
(2) notify the Gambling
Control Board; and
(3) file with
the board a report of games pulled from play and removed from
inventory.
B. The linked
bingo game provider may resolve the defect and, if determined by the board to
be a change affecting the outcome of an electronic linked bingo game, must
assign the game a new form number and resubmit the game for recertification by
an independent testing laboratory and board approval.
C. If the defect does not have an effect on
the outcome of an electronic linked bingo game, the director must first approve
the resolution of the defect.
D. If
the resolution of the defect does not have an effect on the outcome of an
electronic linked bingo game, the director may approve the amended game as
defined in subpart la and part
7863.0270, subpart 36.
Subp. 3b.
Defective,
altered, lost, or stolen electronic linked bingo device.
A. If an organization notifies an electronic
bingo game provider of a defective or an altered electronic linked bingo
device, the linked bingo game provider must immediately notify the board. If
the organization has not removed the device from play, the linked bingo game
provider must immediately ensure the device is removed from play.
B. If an organization notifies a linked bingo
game provider of a lost or stolen electronic linked bingo device, the linked
bingo game provider must immediately disable the device and notify the
board.
C. The linked bingo game
provider must report to the board any removal of a defective or an altered
electronic linked bingo device at a site, or any lost or stolen device, within
one business day.
Subp.
4.
Recall of gambling equipment; issuing credit
invoice.
A linked bingo game provider must participate in a gambling
equipment recall mandated by the board or initiated by the manufacturer, or
initiate a recall when it has determined that linked bingo paper does not meet
the standards of part
7864.0230, subpart
4, and comply with the
following requirements.
A. Within
three business days of receiving notification from the manufacturer or board
director, the linked bingo game provider must initiate the recall from licensed
organizations to which it sold the linked bingo paper.
B. The linked bingo game provider must
complete the recall within 15 business days of initiation and notify the board
and the commissioner of revenue in writing that it has completed the recall.
The notification must include the following:
(1) an inventory of the recalled linked bingo
paper; and
(2) a list of all
organizations, including license numbers, from which the linked bingo paper was
recalled.
C. Within
seven business days of receiving a credit invoice from the manufacturer, the
linked bingo game provider must issue credit invoices to all organizations
returning linked bingo paper under the recall. Credit invoices must include the
cost of freight paid by the organization and any valid and documented losses
incurred over which the organization had no control or ability to prevent.
Copies of the credit invoices must be filed electronically as required by the
commissioner of revenue.
Subp.
5.
Sales invoice; linked bingo game provider of other than
electronic linked bingo equipment.
A linked bingo game provider who sells, leases, or provides
linked bingo equipment must record the transaction on a sales invoice that
contains the following:
A. linked
bingo game provider's name, address, telephone number, and license
number;
B. name, address, and
license number of the organization or distributor to whom the sale was made,
and premises permit number of the site;
C. invoice number;
D. name of the person who ordered the linked
bingo paper, and name of the linked bingo game provider's salesperson who sold
the linked bingo paper;
E. date of
shipment and shipping charges, if any;
F. any applicable sales tax;
G. color and serial number, unit price, and
total amount being invoiced;
H.
unit price or lease cost of each item and total amount being
invoiced;
I. any value for
discount, rebate, or other incentive affecting the unit price which must be
separately stated; and
J. price for
which the linked bingo paper must be sold by the organization.
Subp. 5a.
Sales invoice;
linked bingo game provider of electronic linked bingo equipment.
A linked bingo game provider who sells, leases, or provides
electronic linked bingo equipment must record the transaction on a sales
invoice that contains the following:
A. the linked bingo game provider's name,
address, telephone number, and license number;
B. the name, address, and license number of
the organization or distributor to whom the sale was made, and premises permit
number of the site;
C. an invoice
number;
D. the date of shipment and
shipping charges, if any;
E. any
applicable sales tax;
F. the serial
number, unit price, and total amount being invoiced;
G. the unit price or lease cost of each item
and total amount being invoiced; and
H. any value for discount, rebate, or other
incentive affecting the unit price which must be separately stated.
Subp. 6.
Monthly sales
report to revenue required.
A linked bingo game provider who sells, leases, or provides
gambling equipment must electronically report the transactions made each month
to the commissioner of revenue as required under Minnesota Statutes, section
297E.05.
The report is due by the 20th of the next month.
Subp. 7.
Delinquent organization notice
to board required.
This subpart pertains to the notice to the board that an
organization is delinquent in payment of an invoice.
A. If a linked bingo game provider has not
received payment from an organization within 30 days of the day immediately
following the invoice date or lease agreement, the linked bingo game provider
must report the delinquency to the board in writing in an electronic format
authorized by the board. The linked bingo game provider must ensure that the
board will receive the notice by the 31st day, or the next business day, after
the invoice date for the sale or lease of the gambling equipment. The notice
must include:
(1) the organization's name and
license number; and
(2) an invoice
or lease agreement date, invoice number, and total dollar amount of the invoice
or lease agreement.
B.
If a linked bingo game provider has not received payment in full within 60 days
of its initial notice to the board, the linked bingo game provider must notify
the board of the continued delinquency. The linked bingo game provider must
ensure that the board will receive the notice on the 61st day, or the next
business day, after the linked bingo game provider's initial report to the
board.
C. When the delinquency is
paid, the linked bingo game provider must notify the board
immediately.
D. Upon receipt of the
initial notice under item A, the board must:
(1) notify and direct the organization to
eliminate the delinquency; and
(2)
notify all linked bingo game providers and distributors that until further
notice they may sell or lease gambling equipment to the delinquent organization
on a cash basis only. "Cash" means a debit card payment, electronic
transaction, or check drawn on the organization's gambling account.
E. Upon receipt of the second
notice under item B, the board must notify:
(1) the organization that the sale and lease
of gambling equipment to the organization will not be authorized until the
delinquency is eliminated; and
(2)
all linked bingo game providers and distributors that they may not sell or
lease any gambling equipment to the delinquent organization.
F. When the board has been
notified that the delinquency is paid in full, the board must notify all linked
bingo game providers and distributors that the delinquency has been paid and
that the sale or lease of gambling equipment to the organization is
authorized.
G. Until authorized by
the board, a linked bingo game provider or distributor may not extend credit or
sell or lease gambling equipment to an organization in violation of an order
under items D and E.
Subp.
7a.
Game records and reporting required for electronic
linked bingo.
The linked bingo game provider must keep a record of each
electronic linked bingo game that includes at a minimum the following
information:
A. names and license
numbers of all organizations participating, the date the linked bingo game was
conducted, and a list of all participating permitted premises, including name
and city;
B. gross receipts and
prizes paid for each game;
C.
cumulative contributions to the jackpot or jackpots from each site;
D. current jackpot totals;
E. the number of bingo numbers called for
each bingo game;
F. any
progressive jackpot prize winnings;
G. the name and city of each permitted
premises where each winning bingo was won;
H. the amount of money collected from each
licensed organization for each jackpot;
I. winner information, which must be reported
to the board within one business day of the jackpot prize win, including the
winner's name, address, and phone number, and the amount of the jackpot
won;
J. the date the check was
mailed to the jackpot winner; and
K. a copy of the check, along with all
correspondence related to any returned, unclaimed, or voided checks. With the
exception of this item and items I and J, all electronic linked bingo game
information, including game sales, must be searchable by the board and recorded
in a manner that allows the information to be electronically transmitted to the
board's computer system upon demand by the board, and at the expense of the
linked bingo game provider.
Subp.
8.
Game records required for linked bingo conducted with
linked bingo paper sheets.
The linked bingo game provider must keep a record of each
linked bingo game conducted with linked bingo paper sheets. The record must
include, at a minimum, the following information for each linked bingo
game:
A. names and license numbers of
all organizations participating, the date the linked bingo game was conducted,
and a list of all permitted premises, including name and city;
B. price per face for linked bingo paper
sheets and the quantity of linked bingo paper sheets sold at each permitted
premises, including serial numbers and face numbers;
C. bingo pattern played; a list of all
selected letters and numbers, in order selected, and the letter and number
called that produced the winning bingo; and a copy of each winning
face;
D. jackpot amount and any
progressive jackpot prize winnings;
E. winner's information, including:
(1) name, address, and Social Security
number;
(2) amount of the jackpot
won;
(3) date the check was mailed
to the jackpot winner and a certified mail receipt;
(4) copy of the check; and
(5) all correspondence related to any
returned, unclaimed, or voided checks;
F. name and city of each permitted premises
where each winning bingo was won;
G. amount of money collected from each
licensed organization for each jackpot; and
H. amount of fees collected for each linked
bingo game.
All linked bingo game information, including game sales, must
be recorded in a manner that allows it to be electronically transmitted to the
board's computer system upon demand by the board, and at the expense of the
linked bingo game provider.
Subp. 9.
Records and reports
maintained.
The linked bingo game provider must maintain reports and
records of the sale of linked bingo paper, the sale or lease of linked bingo
game system equipment, the conduct of each linked bingo game, and linked bingo
game agreements as required by this part and by Minnesota Statutes, section
297E.05,
for 3-1/2 years.
Statutory Authority: MS s
14.055;
349.12;
349.151;
349.154;
349.155;
349.16;
349.162;
349.163;
349.1635;
349.165;
349.166;
349.167;
349.169;
349.17;
349.1711;
349.1721;
349.173;
349.19;
349.191;
349.211