Chapter 9 — BINGO AND OTHER GAMBLING
556 sections in this chapter.
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…
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…