Chapter 9, BINGO AND OTHER GAMBLING
366 sections in this chapter.
Neb. Rev. Stat. § 9-355 Civil procedure statutes; applicability.
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Proceedings under section 9-353 shall be subject to and governed by the district court civil procedure statutes. Issues properly raised shall be tried and determined as in other civil actions in equity. All orders, judgments, and decrees rendered may be reviewed as other orders, …
Neb. Rev. Stat. § 9-356 Returns, reports, and records; disclosure; limitations; violation; penalty.
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(1) Except in accordance with a proper judicial order or as otherwise provided by this section or other law, it shall be a Class I misdemeanor for the Tax Commissioner or any employee or agent of the Tax Commissioner to make known, in any manner whatsoever, the contents of any ta…
Neb. Rev. Stat. § 9-401 Act, how cited.
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Sections 9-401 to 9-437 shall be known and may be cited as the Nebraska Lottery and Raffle Act.
Neb. Rev. Stat. § 9-402 Purpose of act.
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(1) The purpose of the Nebraska Lottery and Raffle Act is to protect the health and welfare of the public, to protect the economic welfare and interest in certain lotteries and raffles with gross proceeds greater than fifteen thousand dollars, to insure that the profits derived f…
Neb. Rev. Stat. § 9-403 Definitions, where found.
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For purposes of the Nebraska Lottery and Raffle Act, unless the context otherwise requires, the definitions found in sections 9-404 to 9-417.02 shall be used.
Neb. Rev. Stat. § 9-404 Allowable expenses, defined.
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Allowable expenses shall mean: (1) All costs associated with the purchasing, printing, or manufacturing of any items to be used or distributed to participants such as tickets; (2) All office expenses; (3) All promotional expenses; (4) The tax on gross proceeds prescribed in secti…
Neb. Rev. Stat. § 9-405 Cancel, defined.
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Cancel shall mean to discontinue all rights and privileges to hold a license or permit for up to three years.
Neb. Rev. Stat. § 9-406 Department, defined.
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Department shall mean the Department of Revenue.
Neb. Rev. Stat. § 9-407 Gross proceeds, defined.
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Gross proceeds shall mean the total receipts received from the conduct of the lottery or raffle without any reduction for prizes, discounts, taxes, or allowable expenses. Gross proceeds shall include receipts from any required admission costs or any other required purchase, to th…
Neb. Rev. Stat. § 9-408 Lawful purpose, defined.
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(1) Lawful purpose shall mean charitable or community betterment purposes, including, but not limited to, one or more of the following: (a) Benefiting persons by enhancing their opportunity for religious or educational advancement, by relieving or protecting them from disease, su…
Neb. Rev. Stat. § 9-409 License, defined.
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License shall mean any license to conduct a lottery or raffle as provided in section 9-424 or any license for a utilization-of-funds member as provided in such section.
Neb. Rev. Stat. § 9-410 Licensed organization, defined.
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Licensed organization shall mean a nonprofit organization or a volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad licensed to conduct a lottery or raffle under the Nebraska Lottery and Raffle Act.
Neb. Rev. Stat. § 9-411 Lottery, defined.
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(1) Lottery shall mean a gambling scheme in which (a) participants pay or agree to pay something of value for an opportunity to win, (b) winning opportunities are represented by tickets differentiated by sequential enumeration, and (c) winners are determined by a random drawing o…
Neb. Rev. Stat. § 9-412 Member, defined.
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Member shall mean a person who is recognized and acknowledged by a licensed organization as a member for purposes other than conducting activities under the Nebraska Lottery and Raffle Act. Member shall not include social or honorary members.
Neb. Rev. Stat. § 9-413 Permit, defined.
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Permit shall mean a special permit to conduct one raffle and one lottery as provided in section 9-426.
Neb. Rev. Stat. § 9-414 Profit, defined.
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Profit shall mean the gross proceeds less reasonable sums necessarily and actually expended for prizes, taxes, and allowable expenses.
Neb. Rev. Stat. § 9-415 Raffle, defined.
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(1) Raffle shall mean a gambling scheme in which (a) participants pay or agree to pay something of value for an opportunity to win, (b) winning opportunities are represented by tickets differentiated by sequential enumeration, (c) winners are determined by a random drawing of the…
Neb. Rev. Stat. § 9-416 Revoke, defined.
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Revoke shall mean to permanently void and recall all rights and privileges to obtain a license or permit.
Neb. Rev. Stat. § 9-417 Suspend, defined.
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Suspend shall mean to cause a temporary interruption of all rights and privileges of a license or permit or the renewal thereof.
Neb. Rev. Stat. § 9-417.01 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 a lottery or raffle and for the proper utilization of the gross proceeds derived from the conduct of a lottery or raffle.
Neb. Rev. Stat. § 9-417.02 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. § 9-418 Department; powers, functions, and duties.
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The department shall have the following powers, functions, and duties: (1) To issue licenses, temporary licenses, and permits; (2) To deny any license or permit application or renewal application for cause. Cause for denial of an application or renewal of a license or permit shal…
Neb. Rev. Stat. § 9-418.01 Denial of application; procedure.
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(1) Before any application is denied pursuant to section 9-418, 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. § 9-418.02 Administrative fines; disposition; collection.
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(1) All money collected by the department as an administrative fine shall be remitted on a monthly basis to the State Treasurer for credit to the permanent school fund. (2) Any administrative fine levied under section 9-418 and unpaid shall constitute a debt to the State of Nebra…
Neb. Rev. Stat. § 9-419 Suspension of license or permit; limitation; procedure.
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(1) The Tax Commissioner may suspend any license or permit, except that no order to suspend any license or permit shall be issued unless the department determines that the licensee or permittee is not operating in accordance with the purposes and intent of the Nebraska Bingo Act,…
Neb. Rev. Stat. § 9-420 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 or permit, or the levying of an administrative fine pursuant to section 9-418, the department shall set the matter for hearing. Such suspension, revocat…
Neb. Rev. Stat. § 9-421 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. § 9-422 Lottery or raffle; restriction on gross proceeds; violation; penalty.
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No person, except a licensed organization operating pursuant to the Nebraska Lottery and Raffle Act, shall conduct any lottery or raffle with gross proceeds greater than fifteen thousand dollars. Any lottery or raffle conducted in violation of this section is hereby declared to b…
Neb. Rev. Stat. § 9-423 License; qualified applicants.
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(1) Any nonprofit organization holding a certificate of exemption under section 501 of the Internal Revenue Code or any volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad may apply for a license to conduct a lottery or raffle. (2) Prior to applyi…
Neb. Rev. Stat. § 9-424 License; application; contents; fee; duty to keep current.
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(1) Each applicant for a license to conduct a lottery or raffle shall file with the department an application on a form prescribed by the department. Each application shall include: (a) The name and address of the applicant and, if the applicant is an individual, his or her socia…
Neb. Rev. Stat. § 9-425 Licenses; renewal; application; requirements; temporary license; fee.
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(1) All licenses to conduct a lottery or raffle 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 thirty days prior to the st…
Neb. Rev. Stat. § 9-426 Special permit to conduct raffle and lottery; fee.
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(1) A licensed organization may obtain from the department a special permit to conduct one raffle and one lottery. The cost of the special permit shall be ten dollars. The special permit shall exempt the licensed organization from subsection (2) of section 9-427 and from section …
Neb. Rev. Stat. § 9-426.01 Race utilizing floating objects; requirements.
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(1) Pursuant to a special permit obtained in accordance with section 9-426, a licensed organization may conduct a lottery or raffle in which the winners are to be determined by a race utilizing inanimate, buoyant objects floated along a river, canal, or other waterway. The object…
Neb. Rev. Stat. § 9-426.02 Lottery or raffle; progressive jackpot; multiple drawing dates; requirements; vending or dispensing device, authorized.
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(1) A licensed organization may conduct a lottery or raffle that includes a progressive jackpot and multiple drawing dates for a game such as, but not limited to, the Queen of Hearts. In order to conduct a lottery or raffle in the method described in this section, such licensee s…
Neb. Rev. Stat. § 9-427 Lottery or raffle; gross proceeds; use; restrictions.
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(1) The gross proceeds of any lottery or raffle shall be used solely for lawful purposes, awarding of prizes, and allowable expenses. (2) Except as provided in subsection (3) of this section, not less than sixty-five percent of the gross proceeds of any lottery or raffle shall be…
Neb. Rev. Stat. § 9-428 Segregation of gross proceeds; records; requirements.
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The gross proceeds of any lottery or raffle shall be segregated from other revenue of any licensed organization conducting the lottery or raffle and placed in a separate account. Separate records shall be maintained by any licensed organization conducting a lottery or raffle. Eac…
Neb. Rev. Stat. § 9-429 Lottery or raffle; gross proceeds; tax; deficiencies.
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Any licensed organization or any other organization conducting a lottery or raffle activity required to be licensed pursuant to the Nebraska Lottery and Raffle Act shall pay to the department a tax of two percent of the gross proceeds of each lottery or raffle having gross procee…
Neb. Rev. Stat. § 9-430 Participation; age limitation.
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(1) No person under eighteen years of age shall participate in any way in any lottery or raffle, except that a person under eighteen years of age may participate in a lottery or raffle conducted by a licensed organization pursuant to a permit issued under section 9-426. (2) No pe…
Neb. Rev. Stat. § 9-431 Lottery or raffle ticket or stub; requirements.
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Each licensed organization conducting a lottery or raffle conducted pursuant to the Nebraska Lottery and Raffle Act shall have its name and identification number clearly printed on each lottery or raffle ticket or stub used in such lottery or raffle. No such ticket or stub shall …
Neb. Rev. Stat. § 9-432 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 lottery or raffle tickets or stubs that are…
Neb. Rev. Stat. § 9-433 Lottery or raffle; local control; section, how construed.
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(1) Any county or incorporated municipality may, by resolution or ordinance, tax, regulate, control, or prohibit any lottery or raffle within the boundaries of such county or the corporate limits of such incorporated municipality. No county may impose a tax or otherwise regulate,…
Neb. Rev. Stat. § 9-434 Violations; penalties; enforcement; venue.
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(1) Except when another penalty is specifically provided, any person, licensee, or permittee, or employee or agent thereof, who violates any provision of the Nebraska Lottery and Raffle Act, or who causes, aids, abets, or conspires with another to cause any person, licensee, or p…
Neb. Rev. Stat. § 9-435 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. § 9-436 Civil action; relief permitted.
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In any civil action commenced pursuant to section 9-435, 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…
Neb. Rev. Stat. § 9-437 Civil procedure statutes; applicability.
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Proceedings under section 9-435 shall be subject to and governed by the district court civil procedure statutes. Issues properly raised shall be tried and determined as in other civil actions in equity. All orders, judgments, and decrees rendered may be reviewed as other orders, …
Neb. Rev. Stat. § 9-501 Act, how cited.
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Sections 9-501 to 9-513 shall be known and may be cited as the Nebraska Small Lottery and Raffle Act.
Neb. Rev. Stat. § 9-502 Act, purpose.
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(1) The purpose of the Nebraska Small Lottery and Raffle Act is to allow qualifying nonprofit organizations to conduct lotteries and raffles with gross proceeds not greater than fifteen thousand dollars subject to minimal regulation. (2) The Nebraska Small Lottery and Raffle Act …
Neb. Rev. Stat. § 9-503 Definitions, sections found.
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For purposes of the Nebraska Small Lottery and Raffle Act, unless the context otherwise requires, the definitions found in sections 9-504 to 9-509 shall be used.
Neb. Rev. Stat. § 9-504 Charitable or community betterment purposes, defined.
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(1) Charitable or community betterment purposes shall mean (a) benefiting persons by enhancing their opportunity for religious or educational advancement, by relieving or protecting them from disease, suffering, or distress, by contributing to their physical well-being, by assist…
Neb. Rev. Stat. § 9-505 Expenses, defined.
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Expenses shall mean (1) all costs associated with the purchasing, printing, or manufacturing of any items to be used or distributed in the lottery or raffle, (2) all office or clerical expenses in connection with the lottery or raffle, (3) all promotional expenses, (4) all salari…