Chapter 9, BINGO AND OTHER GAMBLING
366 sections in this chapter.
Neb. Rev. Stat. § 9-321.01 Unit cost, defined.
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Unit cost shall mean the total cost of a pickle card unit paid by a licensed organization to a distributor. Unit cost shall include the tax on definite profit prescribed in section 9-344 and any applicable sales tax. Unit cost shall also include any applicable federal gaming tax …
Neb. Rev. Stat. § 9-321.02 Utilization-of-funds member, defined.
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Utilization-of-funds member shall mean a member of the organization who shall be responsible for supervising the conduct of the lottery by the sale of pickle cards and for the proper utilization of the gross proceeds derived from the conduct of the lottery by the sale of pickle c…
Neb. Rev. Stat. § 9-321.03 Volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad, defined.
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Volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad shall mean a volunteer association or organization serving any city, village, county, township, or rural or suburban fire protection district in Nebraska by providing fire protection or emergency…
Neb. Rev. Stat. § 9-322 Department; powers, functions, and duties.
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The department shall have the following powers, functions, and duties: (1) To issue licenses and temporary licenses; (2) To deny any license application or renewal application for cause. Cause for denial of an application for or renewal of a license shall include instances in whi…
Neb. Rev. Stat. § 9-322.01 Administrative fine; disposition; collection.
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(1) All money collected by the department as an administrative fine shall be transmitted on a monthly basis to the State Treasurer who shall deposit such money in the permanent school fund. (2) Any administrative fine levied under section 9-322 and unpaid shall constitute a debt …
Neb. Rev. Stat. § 9-322.02 Denial of application; procedure.
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(1) Before any application is denied pursuant to section 9-322, the department shall notify the applicant in writing by mail of the department's intention to deny the application and the reasons for the denial. Such notice shall inform the applicant of his or her right to request…
Neb. Rev. Stat. § 9-323 Suspension of license; limitation; procedure.
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(1) The Tax Commissioner may suspend any license issued pursuant to the Nebraska Pickle Card Lottery Act except a license issued pursuant to section 9-326, except that no order to suspend any license shall be issued unless the department determines that the licensee is not operat…
Neb. Rev. Stat. § 9-324 Hearing; required; when; notice.
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Before the adoption, amendment, or repeal of any rule or regulation, the suspension, revocation, or cancellation of any license pursuant to section 9-322, or the levying of an administrative fine pursuant to section 9-322, the department shall set the matter for hearing. Such sus…
Neb. Rev. Stat. § 9-325 Proceeding before department; service; security; appeal.
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(1) A copy of the order or decision of the department in any proceeding before it, certified under the seal of the department, shall be served upon each party of record to the proceeding before the department. Service upon any attorney of record for any such party shall be deemed…
Neb. Rev. Stat. § 9-326 License; qualified applicants.
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(1) Any nonprofit organization holding a certificate of exemption under section 501(c)(3), (c)(4), (c)(5), (c)(7), (c)(8), (c)(10), or (c)(19) of the Internal Revenue Code or any volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad may apply for a …
Neb. Rev. Stat. § 9-327 License; application; contents; enumerated; duty to keep current.
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(1) Each applicant for a license to conduct a lottery by the sale of pickle cards shall file with the department an application on a form prescribed by the department. (2) Each application shall include: (a) The name and address of the applicant; (b) Sufficient facts relating to …
Neb. Rev. Stat. § 9-328 Licenses; renewal; application; requirements; classes; fees.
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(1) All licenses to conduct a lottery by the sale of pickle cards and licenses issued to utilization-of-funds members shall expire as provided in this section and may be renewed biennially. An application for license renewal shall be submitted to the department at least forty-fiv…
Neb. Rev. Stat. § 9-329 Sales agent; license required; application; contents; fee; temporary license.
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(1) Unless otherwise authorized by the department, no person shall market, sell, or deliver any pickle card unit to any pickle card operator without first obtaining a sales agent license. (2) Any person wishing to operate as a sales agent in this state shall file an application w…
Neb. Rev. Stat. § 9-329.01 Sales agent; license applicant; qualifications; licensee; limitations.
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(1) Prior to applying for a license as a sales agent for a licensed organization, the applicant shall have been an active and bona fide member of the licensed organization for one year preceding the date the application is filed with the department. (2) No person applying for a l…
Neb. Rev. Stat. § 9-329.02 Pickle card operator; license required; application; contents; fee; restrictions; authorization required; equipment requirements.
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(1) A pickle card operator shall not be eligible to sell individual pickle cards as opportunities to participate in a lottery by the sale of pickle cards without first obtaining a license. (2) Any sole proprietorship, partnership, limited liability company, or corporation wishing…
Neb. Rev. Stat. § 9-329.03 Pickle card operator; qualified applicant; licensee; limitations.
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(1) Any sole proprietorship, partnership, limited liability company, or corporation, which holds a retail license for the sale of alcoholic liquor for consumption on the premises issued by the Nebraska Liquor Control Commission pursuant to the Nebraska Liquor Control Act or which…
Neb. Rev. Stat. § 9-330 Distributor's license; application; requirements; fee; renewal.
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Any applicant for a distributor's license, including renewal thereof, shall file an application with the department on a form prescribed by the department. Each application shall be accompanied by a biennial license fee of three thousand fifty dollars. At a minimum, the applicati…
Neb. Rev. Stat. § 9-331 Distributor; employee or spouse; participation in gambling; restrictions.
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(1) No person, except a distributor operating pursuant to the Nebraska Pickle Card Lottery Act, shall sell or distribute any pickle card units to any licensed organization. (2) No distributor shall hold a license to conduct a lottery by the sale of pickle cards or any other kind …
Neb. Rev. Stat. § 9-332 Manufacturer of pickle cards; license required; application; fee; change in information; renewal.
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A manufacturer shall obtain a license from the department prior to manufacturing or selling or supplying to any licensed distributor in this state any pickle cards or pickle card units or engaging in any interstate activities relating to such pickle cards or pickle card units, ex…
Neb. Rev. Stat. § 9-332.01 Manufacturer; preselling activities; approval required.
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Each manufacturer shall receive departmental approval prior to selling in this state any type of pickle card, pickle card unit, punchboard, or other similar card, board, or ticket included in section 9-315 whether referred to by any other name intended for resale in Nebraska. App…
Neb. Rev. Stat. § 9-333 Manufacturer; records.
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Each manufacturer shall keep and maintain a complete set of records detailing the manufacturer's pickle card activities, including the name and state identification number of each distributor purchasing pickle card units, the quantity and type of each pickle card unit sold, and a…
Neb. Rev. Stat. § 9-334 Nonresident manufacturer; designated agent for service of process.
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Each manufacturer selling pickle cards and pickle card units in this state that is not a resident or corporation shall designate a natural person who is a resident of and living in this state and is nineteen years of age or older as a resident agent for the purpose of receipt and…
Neb. Rev. Stat. § 9-335 Manufacturer; employee or spouse; restriction on activities.
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No manufacturer shall be licensed to conduct any other activity under the Nebraska Pickle Card Lottery Act. No manufacturer shall hold a license to conduct any other kind of gambling activity which is authorized or regulated under Chapter 9 except as provided in sections 9-255.09…
Neb. Rev. Stat. § 9-336 Pickle card or pickle card unit; serial number required; manufacturer; duties.
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Each manufacturer of pickle cards or pickle card units shall assign a serial number to each unit of pickle cards he or she manufactures and place such number on each flare card supplied by such manufacturer and on each pickle card in the unit. No manufacturer shall sell or furnis…
Neb. Rev. Stat. § 9-337 Pickle cards; construction standards.
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(1) Pickle cards shall be constructed so that it is impossible to determine the covered or concealed number, letter, symbol, configuration, or combination thereof on the pickle card until it has been dispensed to and opened by the player, by any method or device, including, but n…
Neb. Rev. Stat. § 9-338 Pickle card or pickle card unit; restrictions on manufacturer; contraband.
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(1) No manufacturer or representative thereof, with knowledge or in circumstances under which he or she reasonably should have known, shall manufacture, possess, display, sell, or otherwise furnish to any person any pickle card or pickle card unit: (a) In which the winning tab or…
Neb. Rev. Stat. § 9-339 Pickle card or pickle card unit; department; examination.
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In addition to any other authority of the department and its authorized agents to conduct inspections, the department and its agents shall have the authority to select any pickle card or pickle card unit held by a distributor, licensed organization, sales agent, pickle card opera…
Neb. Rev. Stat. § 9-340 Pickle card or pickle card unit; restrictions; costs of examination.
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(1) No manufacturer shall sell or otherwise provide any pickle cards or pickle card units to any person in Nebraska except a licensed distributor or a federally recognized Indian tribe for use in a Class II gaming activity authorized by the federal Indian Gaming Regulatory Act. N…
Neb. Rev. Stat. § 9-340.01 Distributor; provide purchaser with invoice.
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Each distributor shall, in a manner prescribed by the department, provide each purchaser of a pickle card unit or punchboard with an invoice of sale. The invoice shall contain the purchaser's name and complete address and any other information the department deems necessary.
Neb. Rev. Stat. § 9-340.02 Pickle card units; dispensing devices; payment; definite profit; how remitted; delivery; credit; limitations.
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(1) All pickle card units purchased by a licensed organization from a licensed distributor shall be paid for by a check drawn on the pickle card bank account of the licensed organization either in advance of or upon delivery of the pickle card units. (2) A licensed pickle card op…
Neb. Rev. Stat. § 9-341 Licensed manufacturer; duty to keep records.
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Every licensed manufacturer shall keep and maintain a complete set of records which shall include all details of all activities of the licensee related to the conduct of the licensed activity as may be required by the department, including the total number of pickle card units so…
Neb. Rev. Stat. § 9-342 Licensed organization; pickle cards; powers and duties; purchases; limitation.
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(1) Any organization licensed to conduct a lottery by the sale of pickle cards shall purchase units for such purposes from a distributor and shall use the net profit from the sale of the pickle cards for a lawful purpose. (2) When any organization licensed to conduct a lottery by…
Neb. Rev. Stat. § 9-343 Distributor; records; reports.
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(1) A distributor shall maintain records of total sales of pickle card units and, within thirty days after the end of the calendar month or by the last day of the month following each monthly period, whichever comes first, shall report to the department, in a manner prescribed by…
Neb. Rev. Stat. § 9-344 Distributor; taxation; deficiencies.
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(1) Accompanying the monthly reports required in section 9-343, the distributor shall remit to the department a tax equal to ten percent of the definite profit of each pickle card unit sold by the distributor. Such tax shall be remitted with and reported on a form prescribed by t…
Neb. Rev. Stat. § 9-345 Participation; age limitation.
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(1) No person under eighteen years of age shall play or participate in any way in any lottery by the sale of pickle cards. (2) No person or licensee, or employee or agent thereof, shall knowingly permit an individual under eighteen years of age to play or participate in any way i…
Neb. Rev. Stat. § 9-345.01 Conduct of lottery; location; special function.
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A licensed organization may conduct a lottery by the sale of pickle cards only at its designated premises, at its regularly scheduled bingo occasion and its limited period bingo conducted pursuant to the Nebraska Bingo Act, and at the premises of one or more pickle card operators…
Neb. Rev. Stat. § 9-345.02 Flare cards; punchboards; posting; identification.
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(1) Licensed organizations and pickle card operators selling individual pickle cards or punchboards shall conspicuously post the flare card for each pickle card unit in play at that location. (2) Licensed organizations and pickle card operators shall identify each flare card or p…
Neb. Rev. Stat. § 9-345.03 Pickle cards; dispensing device; registration; application; fee; decal; nontransferable; access; violations; penalties.
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(1) Any person who places a coin-operated or currency-operated pickle card dispensing device in operation in this state without a current registration decal affixed permanently and conspicuously to the device shall be subject to an administrative penalty of thirty dollars for eac…
Neb. Rev. Stat. § 9-345.04 Seal cards; authorized; requirements.
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A lottery by the sale of pickle cards may be conducted utilizing a seal card comprised of a board or placard that contains a seal or seals which, when removed or opened, reveal predesignated winning numbers, letters, symbols, or any combination thereof. All rules governing the ha…
Neb. Rev. Stat. § 9-346 Determination of winner; pickle cards; requirements.
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(1) The winning cards, boards, or tickets in any lottery by the sale of pickle cards shall be determined by a comparison of those numbers, letters, symbols, or configurations, or combination thereof, which are revealed on the pickle cards, to a set of numbers, letters, symbols, o…
Neb. Rev. Stat. § 9-347 Gross proceeds; definite profit; use; restrictions; allocation of expenses.
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(1) The gross proceeds of any lottery by the sale of pickle cards shall be used solely for lawful purposes, awarding of prizes, payment of the unit cost, any commission paid to a pickle card operator, allowable expenses, and allocations for bingo expenses as provided by subsectio…
Neb. Rev. Stat. § 9-347.01 Definite profit; distribution; net profit; use.
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(1) For each type of pickle card unit marketed in this state, the department shall determine the following: (a) When a licensed organization sells pickle cards through pickle card operators, the portion of the definite profit from that pickle card unit which shall go to the licen…
Neb. Rev. Stat. § 9-348 Segregation of definite profit; manner of payment; records; requirements.
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(1) The definite profit, less not more than thirty percent of the definite profit as allowed by subsection (4) of section 9-347, of any lottery by the sale of pickle cards and all amounts received by any licensed organization from the sale, lease, or rental of coin-operated or cu…
Neb. Rev. Stat. § 9-348.01 Lottery by the sale of pickle cards; sources of funding; payments; restrictions.
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(1) A lottery by the sale of pickle cards shall fund itself after its first year of existence and shall not receive money from any other source, including the operation of other charitable gaming activities, for the payment of prizes, unit cost, allowable expenses, any commission…
Neb. Rev. Stat. § 9-349 Lottery by the sale of pickle cards; reports.
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(1) A licensed organization conducting a lottery by the sale of pickle cards shall report annually to the department, on a form prescribed by the department, a complete and accurate accounting of its gross proceeds from the lottery by the sale of pickle cards. The annual report s…
Neb. Rev. Stat. § 9-350 Tax Commissioner; power to seize contraband; effect.
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(1) The Tax Commissioner or his or her agents or employees, at the direction of the Tax Commissioner, or any peace officer of this state may seize, without a warrant, the following contraband goods found any place in this state: (a) Any pickle cards and pickle card units declared…
Neb. Rev. Stat. § 9-351 Unauthorized sale or possession of pickle cards; violation; penalty.
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(1) No person or organization other than those qualifying under section 9-326 and licensed pursuant to section 9-327 shall be permitted to conduct a lottery by the sale of pickle cards in this state. (2) No person other than a licensed distributor or manufacturer shall possess pi…
Neb. Rev. Stat. § 9-352 Violations; penalties; enforcement; venue.
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(1) Except when another penalty is specifically provided, any person or licensee, or employee or agent thereof, who violates any provision of the Nebraska Pickle Card Lottery Act, or who causes, aids, abets, or conspires with another to cause any person or licensee or any employe…
Neb. Rev. Stat. § 9-353 Violations; standing to sue.
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Any person in this state, including any law enforcement official, who has cause to believe that (1) any licensed organization, (2) any employee or agent of such licensed organization, (3) any person acting in concert with such licensed organization, or (4) any person in connectio…
Neb. Rev. Stat. § 9-354 Civil action; relief permitted.
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In any civil action commenced pursuant to section 9-353, a court may allow: (1) A temporary restraining order or injunction, with or without a bond as the court may direct, prohibiting a party to the action from continuing or engaging in such conduct, aiding in such conduct, or d…