38 sections in this chapter.
ORS 464.010 [Repealed by 1967 c. 344 §10]
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[Repealed or reserved.]
ORS 464.020 [Repealed by 1967 c.344 §10]
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[Repealed or reserved.]
ORS 464.110 [Repealed by 1967 c.344 §10]
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[Repealed or reserved.]
ORS 464.120 [Repealed by 1967 c.344 §10]
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[Repealed or reserved.]
ORS 464.130 [Repealed by 1967 c.344 §10]
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[Repealed or reserved.]
ORS 464.140 [Amended by 1955 c.516 §1; repealed by 1967 c.344 §10]
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[Repealed or reserved.]
ORS 464.150 [Repealed by 1967 c.344 §10]
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[Repealed or reserved.]
ORS 464.160 [Repealed by 1967 c.344 §10]
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[Repealed or reserved.]
ORS 464.170 [Repealed by 1967 c.344 §10]
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[Repealed or reserved.]
ORS 464.180 [Repealed by 1967 c.344 §10]
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[Repealed or reserved.]
ORS 464.190 [Repealed by 1967 c.344 §10]
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[Repealed or reserved.]
ORS 464.210 [Repealed by 1967 c.344 §10]
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[Repealed or reserved.]
ORS 464.220 [Repealed by 1967 c.344 §10]
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[Repealed or reserved.]
ORS 464.230 [Repealed by 1967 c.344 §10]
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ADMINISTRATION
ORS 464.250 Powers and duties of Department of Justice; fees; rules. (1) The Department of Justice has the following powers and duties relating to the regulation of bingo, lotto or raffle games or Monte Carlo events
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(a) To authorize and regulate the operation of bingo, lotto and raffle games and Monte Carlo events permitted under ORS 167.117 and to adopt rules in accordance with applicable provisions of ORS chapter 183 for the performance of the department’s duties. (b) To issue and renew li…
ORS 464.270 Licensing requirements. (1) The Department of Justice shall not issue a license to conduct bingo, lotto or raffle games or Monte Carlo events to any organization unless
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(a) The organization is exempt from payment of federal income taxes as a charitable, fraternal or religious organization; and (b) The organization has held such tax exempt status for at least one year preceding its application to the department for a license and during which time…
ORS 464.280 Burden to establish qualifications; applications; liability of persons who supply information; rules. (1) The burden is upon holders of bingo, lotto, raffle or Monte Carlo event licenses and permits and applicants for such licenses or permits to establish the qualifications required of such license or permit holders or applicants, by clear and convincing evidence. The burden is also upon the licensee or license applicant to establish by clear and convincing evidence the qualifications of the premises in which the licensed activity will be conducted
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(2) Application for a license to operate a bingo, lotto or raffle game or Monte Carlo event must be accompanied by: (a) A written consent to the inspections authorized under ORS 167.118, 464.250 to 464.380, 464.420 and 464.450 to 464.530 and under such rules as the department may…
ORS 464.290 Eligibility for license requires independent control by organization. An organization shall not be eligible to obtain or retain a license to conduct a bingo, lotto, raffle or Monte Carlo event operation if it does not exercise, or if it ceases to exercise, independent control over its activities and budget. However, an organization shall not be ineligible for a license merely because it is chartered by or affiliated with another organization, so long as it exercises independent control over its activities and budget. [1987 c.914 §9; 1997 c.867 §6]
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[Repealed or reserved.]
ORS 464.300 Temporary license. The Department of Justice may specially license, in such manner as it finds appropriate, the conduct of a temporary bingo, lotto, raffle or Monte Carlo event operation whenever the operation is to be for a limited period of time not exceeding 30 days. A license shall be granted under this section for unique or occasional events subject to such record keeping and reporting requirements as the department shall require of such operations. [1987 c.914 §7; 1997 c.867 §7]
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[Repealed or reserved.]
ORS 464.310 Eligibility to participate in management or operation of games. (1) A licensee of the Department of Justice under ORS 167.117 and 167.118 and this chapter, or an applicant for a license under ORS 167.118, 464.250 to 464.380, 464.420 and 464.450 to 464.530, without approval of the department, may not knowingly permit any person to participate in the management or operation of any bingo, lotto or raffle game or Monte Carlo event for which a license from the department is required if that person
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(a) Has been convicted of or forfeited bond upon, or has been granted diversion upon a charge: (A) Involving forgery, theft, willful failure to make required payments or reports to a government agency at any level, or filing false reports to a government agency, or of any similar…
ORS 464.340 Limitation on time spent administering or operating games; rules. The Department of Justice by rule shall prohibit any licensee from allowing any person to spend more than 40 hours in any one week administering or operating the licensee’s games. [1987 c.914 §5; 1991 c.274 §4; 2001 c.228 §5; 2017 c.60 §3]
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[Repealed or reserved.]
ORS 464.350 Limitation on operation of games; rules. (1)(a) The Department of Justice by rule may establish limits on the number of hours per day and days per week that organizations licensed by the department may operate bingo or lotto games or Monte Carlo events
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(b) By rule, the department may not permit the operation of bingo or lotto games by any licensee for more than 20 hours in any one week nor for more than four days in any one calendar week. (2) An organization authorized by law to operate Monte Carlo events: (a) May not conduct m…
ORS 464.360 Limitation on number of games for which organization can be licensed. (1) Except as provided in subsection (2) of this section, an organization may, at any one time, be licensed to conduct only one bingo, lotto or Monte Carlo event operation. The license shall authorize the organization to conduct its operation within only one county, which shall be a county designated by the licensee at the time of application for the license. The license shall authorize the organization to conduct games at a designated location that shall not vary except upon authorization of the Department of Justice
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(2) The department may license an organization to conduct one bingo game per county in not more than three counties provided that: (a) The bingo games are conducted at a location in which the organization regularly conducts charitable program activities; and (b) The organization …
ORS 464.380 Variations depending on number, frequency or gross income authorized; rules. (1) In adopting rules for the licensing of bingo, lotto or Monte Carlo event operations, the Department of Justice may impose, to the extent it finds practicable, more or fewer requirements upon such operations on the basis of the number of games, the frequency of Monte Carlo events or the gross income of the operation
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(2) As used in subsection (1) of this section, “gross income” means the total amount of money or other thing of value bet, less a deduction therefrom of the amount returned to players as prizes. [1987 c.914 §6; 1997 c.867 §11; 2001 c.228 §4]
ORS 464.385 Exemption from licensing and reporting requirements for organizations conducting certain raffles. Charitable, fraternal or religious organizations that conduct raffles that have handles of less than $10,000 in one calendar year are exempt from the licensing and reporting requirements for raffles under ORS 167.108 to 167.164 and 464.270 to 464.530. [2001 c.576 §2]
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[Repealed or reserved.]
ORS 464.390 Exceptions; review; continuance of exception. (1) When the Department of Justice determines that there is a compelling community need for the charitable activities funded by a bingo operation, and that funding will be seriously reduced by the operation of ORS 167.117 and 167.118 and this chapter, then the department may grant exceptions to ORS 464.250 (1)(i), 464.340 and 464.350 for any bingo licensee that was operating a bingo game in January 1987
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(2) The department shall review the exceptions granted under this section not less than once per year, unless the department determines that there has been a material change of circumstances since the time the exceptions were granted to the licensee, in which case the department …
ORS 464.420 Local prohibition in lieu of state regulation. A county or city may prohibit the operation of bingo, lotto, raffles or Monte Carlo events. If the county or city does not prohibit the operation of bingo, lotto, raffles or Monte Carlo events, then such games shall be regulated only as provided under state law. [1987 c.914 §23; 1997 c.867 §13]
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[Repealed or reserved.]
ORS 464.430 [Formerly 465.100; repealed by 1997 c.867 §24]
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FINANCE
ORS 464.450 Oregon Gaming Account; uses. (1) There is hereby created in the General Fund of the State Treasury an account known as the Oregon Gaming Account
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(2) The Department of Justice shall pay into the State Treasury all moneys received by the department under ORS 167.117 and 167.118 and this chapter. The State Treasurer shall deposit the moneys in the General Fund to the credit of the Oregon Gaming Account. The moneys in the Ore…
ORS 464.470 Grounds for suspension, revocation or denial of or refusal to renew license or permit; civil penalty. (1) The Department of Justice may deny an application for or refuse to renew a bingo, lotto, raffle or Monte Carlo event license or permit, and it may suspend or revoke any license or permit, for grounds stated in this section. Grounds for denial, renewal, suspension, revocation or civil penalty include, but are not limited to, cases in which the applicant, licensee or permit holder, or any person with an interest in the bingo, lotto, raffle or Monte Carlo event operation or proposed operation of the license applicant or licensee
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(a) Has continued to operate bingo, lotto, raffles or Monte Carlo events after losing the tax exempt status of the licensee as required under ORS 167.117 or ceases to exercise independent control over its activities or budget as required under ORS 464.290. (b) Has violated or has…
ORS 464.480 Procedure for suspension, revocation or denial of license. Whenever the Department of Justice proposes to suspend or revoke or refuse to issue or renew a license or permit, opportunity for a hearing shall be accorded as provided in ORS chapter 183. [1987 c.914 §13]
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[Repealed or reserved.]
ORS 464.490 Vacation of suspension upon payment of penalty. If the Department of Justice or its designee suspends any license for a period of 30 days or less, the order may provide that the suspension shall be vacated upon payment to the department of a monetary penalty as fixed in the order. [1987 c.914 §14]
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ENFORCEMENT
ORS 464.500 Enforcement authority of department; hearings. (1) In order to determine compliance with state law and rules of the department relating to the operation of bingo, lotto, raffles or Monte Carlo events, the Department of Justice or its designee may
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(a) Investigate whether a person has violated state law or rules of the department relating to the operation of bingo, lotto or raffle games or Monte Carlo events. (b) Inspect the records of any person who lends money to, or in any other manner finances, any licensee or applicant…
ORS 464.510 Regulation of rent; inspection of premises and records; rules; reports. (1) The Department of Justice may prohibit the operation of a licensed bingo, lotto, raffle or Monte Carlo event operation if, in the determination of the department, the rent for the premises on which the operation is conducted, or the fees for Monte Carlo event services or equipment by a supplier of gaming equipment, are unreasonably high. Rent may not be paid, either in whole or in part on the basis of a percentage of the receipts or profits derived from the bingo, lotto, raffle or Monte Carlo event operation. The department may by rule establish additional standards of suitability for premises used in the conduct of bingo, lotto, raffles or Monte Carlo events
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(2) As used in subsection (1) of this section, “unreasonably high” means that the price charged for the space, equipment or services is significantly above the fair market value for the space, equipment or services and the amount charged for the space, equipment or services will …
ORS 464.520 Injunctive relief; when other licenses may be voided; investigation of off-race course mutuel wagering applicant or licensee. (1) A bingo, lotto or raffle game or Monte Carlo event conducted in violation of state gambling law or in violation of rules adopted by the Department of Justice may be enjoined in an action commenced by
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(a) The department; (b) The district attorney of the county in which the game is conducted; (c) The governing body of any county in which the game is conducted; or (d) The governing body of any city in which the game is conducted. (2) When a violation of state law relating to the…
ORS 464.530 Jurisdiction of Circuit Court for Marion County; liability of department personnel. (1) No trial court of the State of Oregon other than the Circuit Court of Marion County shall have jurisdiction over any action or proceeding against the Department of Justice or any employee of the department, for anything done, omitted to be done in or arising out of the performance of the duties of the department
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(2) Neither the department nor any employee thereof shall be personally liable in any action for damages sustained by any person because of any act done or omitted by the department, or any employee of the department, in the performance of the duties of the department. [1987 c.91…
ORS 464.990 [Repealed by 1967 c.344 §10]
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PENALTIES
ORS 464.995 Penalties. (1) A person who, in applying for a license from the Department of Justice under ORS 167.118, 464.250 to 464.380, 464.420 and 464.450 to 464.530, or in any book or record required to be maintained by the department, or in any report required to be submitted to the department under ORS 167.117 and 167.118 and this chapter, makes any false or misleading statement or entry, or who willfully fails to maintain or make any entry required to be maintained or made, or who willfully refuses to produce for inspection by the department or its designee, any book, record or document required to be maintained or made by federal or state law, commits a Class A misdemeanor
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(2) Except as otherwise provided by law, violation of any provision of ORS 167.117 or 167.118 or this chapter or any rules of the Department of Justice adopted pursuant thereto, by any licensee or permit holder of the department, is a Class A misdemeanor and grounds for suspensio…