State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-309_7

§ 14‑309.7.  Licensingprocedure.

(a)        An exemptorganization may not operate a bingo game at a location without a license.Application for a bingo license shall be made to the Department of CrimeControl and Public Safety on a form prescribed by the Department. TheDepartment shall charge an annual application fee of two hundred dollars($200.00) to defray the cost of issuing bingo licenses and handling bingo auditreports. The fees collected shall be deposited in the General Fund of theState. This license shall expire one year after the granting of the license.This license may be renewed yearly, if the applicant pays the application feeand files an audit with the Department pursuant to G.S. 14‑309.11. A copyof the application and license shall be furnished to the local law‑enforcementagency in the county or municipality in which the licensee intends to operatebefore bingo is conducted by the licensee.

(b)        Each applicationand renewal application shall contain the following information:

(1)        The name and addressof the applicant and if the applicant is a corporation, association or othersimilar legal entity, the name and home address of each of the officers of theorganization as well as the name and address of the directors, or other personssimilarly situated, of the organization.

(2)        The name and homeaddress of each of the members of the special committee.

(3)        A copy of theapplication for recognition of exemptions and a determination letter from theInternal Revenue Service and the Department of Revenue that indicates that theorganization is an exempt organization and stating the section under which thatexemption is granted; except that if the organization is a State or localbranch, lodge, post, or chapter of a national organization, a copy of the determinationletter of the national organization satisfies this requirement.

(4)        The location atwhich the applicant will conduct the bingo games. If the premises are leased, acopy of the lease or rental agreement.

(c)        In order for anexempt organization to have a member familiar with the operation of bingopresent on the premises at all times when bingo is being played and for thismember to be responsible for the receiving, reporting and depositing of allrevenues received, the exempt organization may pay one member for conducting abingo game. Such pay shall be on an hourly basis only for the time bingo isactually being played and shall not exceed one and one‑half times theexisting minimum wage in North Carolina. The member paid under this provision shallbe a member in good standing of the exempt organization for at least one yearand shall not be the lessor or an employee or agent of the lessor. No otherperson may be compensated for conducting a bingo game from funds derived fromany activities occurring in, or simultaneously with, the playing of bingo,including funds derived from concessions. An exempt organization shall notcontract with any person for the purpose of conducting a bingo game. Except asprovided in subsection (e) of this section, an exempt organization may hold abingo game only in or on property owned (either legally or equitably and thebuildings must be of a permanent nature with approved plumbing for bathroomsand not movable or of a temporary nature such as a tent or lean‑to) orleased by the organization from the owner or bona fide property managementagent (no subleasing is permitted) at a total monthly rental in an amount notto exceed one and one‑quarter percent (1 1/4%) of the total assessed advalorem tax value of the portion of the building actually used for the bingogames and the land value on which the building is located (not to exceed twoacres) for all activities conducted therein including the playing of bingo fora period of not less than one year and actually occupied and used by thatorganization on a regular basis for purposes other than bingo for at least sixmonths before the game; and all equipment used by the exempt organization inconducting the bingo game must be owned by the organization. Unless the exempt organizationleases the property in accordance with this subsection, an exempt organizationmay conduct a bingo game only in or on property that is exempt from propertytaxes levied under Subchapter II of Chapter 105 of the General Statutes, orthat is classified and not subject to any property taxes levied underSubchapter II of Chapter 105 of the General Statutes. It shall be unlawful forany person to operate beach bingo games at a location which is being used byany licensed exempt organization for the purpose of conducting bingo games.

(d)        Conduct of a bingogame or raffle under this Part on such property shall not operate to defeat anexemption or classification under Subchapter II of Chapter 105 of the GeneralStatutes.

(e)        An exemptorganization that wants to conduct only an annual or semiannual bingo game mayapply to the Department of Crime Control and Public Safety for a limitedoccasion permit. The Department of Crime Control and Public Safety may requiresuch information as is reasonable and necessary to determine that the bingogame is conducted in accordance with the provisions of this Part but may notrequire more information than previously specified in this section forapplication of a regular license. The application shall be made to the Departmenton prescribed forms at least 30 days prior to the scheduled date of the bingogame. In lieu of the reporting requirements of G.S. 14‑309.11(b) theexempt organization shall file with the licensing agency and local law‑enforcementa report on prescribed forms no later than 30 days following the conduct of thebingo game for which the permit was obtained. Such report may require suchinformation as is reasonable and necessary to determine that the bingo game wasconducted in accordance with the provisions of this Part but may not requiremore information than specified in G.S. 14‑309.11(b). Any licensed exemptorganization may donate or loan its equipment or use of its premises to anexempt organization which has secured a limited occasion permit provided sucharrangement is disclosed in the limited occasion permit application and isapproved by the Department of Crime Control and Public Safety. Except as statedabove, all provisions of this Part shall apply to any exempt organizationoperating a bingo game under this provision.  (1983, c. 896, s. 3; c. 923, s. 217; 1983 (Reg.Sess., 1984), c. 1107, ss. 2, 4, 6; 1987, c. 866, ss. 1, 2; 1987 (Reg. Sess.,1988), c. 1001, s. 1; 1997‑443, s. 11A.118(a); 2002‑159, ss. 3(a),3(b); 2009‑451, s. 17.6.)

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-309_7

§ 14‑309.7.  Licensingprocedure.

(a)        An exemptorganization may not operate a bingo game at a location without a license.Application for a bingo license shall be made to the Department of CrimeControl and Public Safety on a form prescribed by the Department. TheDepartment shall charge an annual application fee of two hundred dollars($200.00) to defray the cost of issuing bingo licenses and handling bingo auditreports. The fees collected shall be deposited in the General Fund of theState. This license shall expire one year after the granting of the license.This license may be renewed yearly, if the applicant pays the application feeand files an audit with the Department pursuant to G.S. 14‑309.11. A copyof the application and license shall be furnished to the local law‑enforcementagency in the county or municipality in which the licensee intends to operatebefore bingo is conducted by the licensee.

(b)        Each applicationand renewal application shall contain the following information:

(1)        The name and addressof the applicant and if the applicant is a corporation, association or othersimilar legal entity, the name and home address of each of the officers of theorganization as well as the name and address of the directors, or other personssimilarly situated, of the organization.

(2)        The name and homeaddress of each of the members of the special committee.

(3)        A copy of theapplication for recognition of exemptions and a determination letter from theInternal Revenue Service and the Department of Revenue that indicates that theorganization is an exempt organization and stating the section under which thatexemption is granted; except that if the organization is a State or localbranch, lodge, post, or chapter of a national organization, a copy of the determinationletter of the national organization satisfies this requirement.

(4)        The location atwhich the applicant will conduct the bingo games. If the premises are leased, acopy of the lease or rental agreement.

(c)        In order for anexempt organization to have a member familiar with the operation of bingopresent on the premises at all times when bingo is being played and for thismember to be responsible for the receiving, reporting and depositing of allrevenues received, the exempt organization may pay one member for conducting abingo game. Such pay shall be on an hourly basis only for the time bingo isactually being played and shall not exceed one and one‑half times theexisting minimum wage in North Carolina. The member paid under this provision shallbe a member in good standing of the exempt organization for at least one yearand shall not be the lessor or an employee or agent of the lessor. No otherperson may be compensated for conducting a bingo game from funds derived fromany activities occurring in, or simultaneously with, the playing of bingo,including funds derived from concessions. An exempt organization shall notcontract with any person for the purpose of conducting a bingo game. Except asprovided in subsection (e) of this section, an exempt organization may hold abingo game only in or on property owned (either legally or equitably and thebuildings must be of a permanent nature with approved plumbing for bathroomsand not movable or of a temporary nature such as a tent or lean‑to) orleased by the organization from the owner or bona fide property managementagent (no subleasing is permitted) at a total monthly rental in an amount notto exceed one and one‑quarter percent (1 1/4%) of the total assessed advalorem tax value of the portion of the building actually used for the bingogames and the land value on which the building is located (not to exceed twoacres) for all activities conducted therein including the playing of bingo fora period of not less than one year and actually occupied and used by thatorganization on a regular basis for purposes other than bingo for at least sixmonths before the game; and all equipment used by the exempt organization inconducting the bingo game must be owned by the organization. Unless the exempt organizationleases the property in accordance with this subsection, an exempt organizationmay conduct a bingo game only in or on property that is exempt from propertytaxes levied under Subchapter II of Chapter 105 of the General Statutes, orthat is classified and not subject to any property taxes levied underSubchapter II of Chapter 105 of the General Statutes. It shall be unlawful forany person to operate beach bingo games at a location which is being used byany licensed exempt organization for the purpose of conducting bingo games.

(d)        Conduct of a bingogame or raffle under this Part on such property shall not operate to defeat anexemption or classification under Subchapter II of Chapter 105 of the GeneralStatutes.

(e)        An exemptorganization that wants to conduct only an annual or semiannual bingo game mayapply to the Department of Crime Control and Public Safety for a limitedoccasion permit. The Department of Crime Control and Public Safety may requiresuch information as is reasonable and necessary to determine that the bingogame is conducted in accordance with the provisions of this Part but may notrequire more information than previously specified in this section forapplication of a regular license. The application shall be made to the Departmenton prescribed forms at least 30 days prior to the scheduled date of the bingogame. In lieu of the reporting requirements of G.S. 14‑309.11(b) theexempt organization shall file with the licensing agency and local law‑enforcementa report on prescribed forms no later than 30 days following the conduct of thebingo game for which the permit was obtained. Such report may require suchinformation as is reasonable and necessary to determine that the bingo game wasconducted in accordance with the provisions of this Part but may not requiremore information than specified in G.S. 14‑309.11(b). Any licensed exemptorganization may donate or loan its equipment or use of its premises to anexempt organization which has secured a limited occasion permit provided sucharrangement is disclosed in the limited occasion permit application and isapproved by the Department of Crime Control and Public Safety. Except as statedabove, all provisions of this Part shall apply to any exempt organizationoperating a bingo game under this provision.  (1983, c. 896, s. 3; c. 923, s. 217; 1983 (Reg.Sess., 1984), c. 1107, ss. 2, 4, 6; 1987, c. 866, ss. 1, 2; 1987 (Reg. Sess.,1988), c. 1001, s. 1; 1997‑443, s. 11A.118(a); 2002‑159, ss. 3(a),3(b); 2009‑451, s. 17.6.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-309_7

§ 14‑309.7.  Licensingprocedure.

(a)        An exemptorganization may not operate a bingo game at a location without a license.Application for a bingo license shall be made to the Department of CrimeControl and Public Safety on a form prescribed by the Department. TheDepartment shall charge an annual application fee of two hundred dollars($200.00) to defray the cost of issuing bingo licenses and handling bingo auditreports. The fees collected shall be deposited in the General Fund of theState. This license shall expire one year after the granting of the license.This license may be renewed yearly, if the applicant pays the application feeand files an audit with the Department pursuant to G.S. 14‑309.11. A copyof the application and license shall be furnished to the local law‑enforcementagency in the county or municipality in which the licensee intends to operatebefore bingo is conducted by the licensee.

(b)        Each applicationand renewal application shall contain the following information:

(1)        The name and addressof the applicant and if the applicant is a corporation, association or othersimilar legal entity, the name and home address of each of the officers of theorganization as well as the name and address of the directors, or other personssimilarly situated, of the organization.

(2)        The name and homeaddress of each of the members of the special committee.

(3)        A copy of theapplication for recognition of exemptions and a determination letter from theInternal Revenue Service and the Department of Revenue that indicates that theorganization is an exempt organization and stating the section under which thatexemption is granted; except that if the organization is a State or localbranch, lodge, post, or chapter of a national organization, a copy of the determinationletter of the national organization satisfies this requirement.

(4)        The location atwhich the applicant will conduct the bingo games. If the premises are leased, acopy of the lease or rental agreement.

(c)        In order for anexempt organization to have a member familiar with the operation of bingopresent on the premises at all times when bingo is being played and for thismember to be responsible for the receiving, reporting and depositing of allrevenues received, the exempt organization may pay one member for conducting abingo game. Such pay shall be on an hourly basis only for the time bingo isactually being played and shall not exceed one and one‑half times theexisting minimum wage in North Carolina. The member paid under this provision shallbe a member in good standing of the exempt organization for at least one yearand shall not be the lessor or an employee or agent of the lessor. No otherperson may be compensated for conducting a bingo game from funds derived fromany activities occurring in, or simultaneously with, the playing of bingo,including funds derived from concessions. An exempt organization shall notcontract with any person for the purpose of conducting a bingo game. Except asprovided in subsection (e) of this section, an exempt organization may hold abingo game only in or on property owned (either legally or equitably and thebuildings must be of a permanent nature with approved plumbing for bathroomsand not movable or of a temporary nature such as a tent or lean‑to) orleased by the organization from the owner or bona fide property managementagent (no subleasing is permitted) at a total monthly rental in an amount notto exceed one and one‑quarter percent (1 1/4%) of the total assessed advalorem tax value of the portion of the building actually used for the bingogames and the land value on which the building is located (not to exceed twoacres) for all activities conducted therein including the playing of bingo fora period of not less than one year and actually occupied and used by thatorganization on a regular basis for purposes other than bingo for at least sixmonths before the game; and all equipment used by the exempt organization inconducting the bingo game must be owned by the organization. Unless the exempt organizationleases the property in accordance with this subsection, an exempt organizationmay conduct a bingo game only in or on property that is exempt from propertytaxes levied under Subchapter II of Chapter 105 of the General Statutes, orthat is classified and not subject to any property taxes levied underSubchapter II of Chapter 105 of the General Statutes. It shall be unlawful forany person to operate beach bingo games at a location which is being used byany licensed exempt organization for the purpose of conducting bingo games.

(d)        Conduct of a bingogame or raffle under this Part on such property shall not operate to defeat anexemption or classification under Subchapter II of Chapter 105 of the GeneralStatutes.

(e)        An exemptorganization that wants to conduct only an annual or semiannual bingo game mayapply to the Department of Crime Control and Public Safety for a limitedoccasion permit. The Department of Crime Control and Public Safety may requiresuch information as is reasonable and necessary to determine that the bingogame is conducted in accordance with the provisions of this Part but may notrequire more information than previously specified in this section forapplication of a regular license. The application shall be made to the Departmenton prescribed forms at least 30 days prior to the scheduled date of the bingogame. In lieu of the reporting requirements of G.S. 14‑309.11(b) theexempt organization shall file with the licensing agency and local law‑enforcementa report on prescribed forms no later than 30 days following the conduct of thebingo game for which the permit was obtained. Such report may require suchinformation as is reasonable and necessary to determine that the bingo game wasconducted in accordance with the provisions of this Part but may not requiremore information than specified in G.S. 14‑309.11(b). Any licensed exemptorganization may donate or loan its equipment or use of its premises to anexempt organization which has secured a limited occasion permit provided sucharrangement is disclosed in the limited occasion permit application and isapproved by the Department of Crime Control and Public Safety. Except as statedabove, all provisions of this Part shall apply to any exempt organizationoperating a bingo game under this provision.  (1983, c. 896, s. 3; c. 923, s. 217; 1983 (Reg.Sess., 1984), c. 1107, ss. 2, 4, 6; 1987, c. 866, ss. 1, 2; 1987 (Reg. Sess.,1988), c. 1001, s. 1; 1997‑443, s. 11A.118(a); 2002‑159, ss. 3(a),3(b); 2009‑451, s. 17.6.)