8 Colo. Code Regs. § 1505-2-14

Current through Register Vol. 47, No. 22, November 25, 2024

Rule 8 CCR 1505-2-14 - Electronic Devices used as Bingo Aids and Bingo Aid Computer Systems Manufacturers and Supplier Requirements

14.1 General

14.1.1 Application for approval. Any Colorado licensed manufacturer of an electronic bingo aid device and computer system may apply for a letter ruling in accordance with section 24-21-605(1)(d), C.R.S., by submitting a written request to the Secretary of State. The request must include:

(a) The manufacturer's name, license number, address, telephone and fax numbers, and an email address;

(b) The make, model and description of the bingo aid device and computer system for which approval is sought;

(c) The name and specific contact information of the manufacturer's representative who is an expert on the construction, programming, and operation of the device and system;

(d) A complete user's manual of the bingo aid device or system;

(e) Either a working prototype or a location in Colorado where the manufacturer can demonstrate the prototype;

(f) An affirmation from the manufacturer stating that the manual and prototype submitted to the Secretary of State do not differ materially from the manual, device and system that will be distributed in Colorado after approval of the prototype;

(g) In the case of a bingo aid device, a verified certificate from the manufacturer stating that the device meets all the standards set forth in section 24-21-618(8)(a)(II)(A) through (D), C.R.S., and that the device can and will be restricted to allow the play of no more than 54 faces per bingo game;

(h) In the case of a bingo aid computer system, a verified manufacturer's certificate stating that:

(1) The system meets all the requirements set forth in section 24-21-618(9), C.R.S.; and

(2) The system, if constructed or intended for more than one licensee's use, can:

(A) Clearly identify each user's data;

(B) Segregate and secure each user's data from others' access; and

(C) Restrict access to each user's data through a unique user identification and password, smart card, token, or other method that limits access solely to the unique identifier's bearer, the Secretary of State and the manufacturer.

14.1.2 Letter ruling. The Secretary of State will issue a letter ruling within 45 days after receipt of the letter ruling request complete with all attachments required by these rules.

14.1.3 Authorization required. A manufacturer or supplier licensee must not distribute any electronic bingo aid device or bingo aid computer system that differs materially in construction, hardware, software, or operation from a previously approved device or system until the Secretary of State approves the differing device or system. A manufacturer or supplier does not have to request authorization for nonfunctional differences in a device or system, including but not limited to, changes in screen appearance, case color or size, or power supply.

14.2 Agreements with bingo-raffle licensees. Any contract or agreement between a manufacturer, supplier, or agent and a bingo-raffle licensee concerning the rental, lease or use of any bingo aid device or bingo aid computer system are subject to the following:

14.2.1 Initial term. The initial term and any subsequent term of the contract or agreement must not exceed one year.

14.2.2 Extensions. The contract or agreement may be extended only upon the written affirmative consent of the licensee.

14.2.3 Termination. The contract may be terminated if:

(a) The licensee ceases bingo-raffle operations;

(b) The Secretary of State suspends or revokes the license of the licensee; or

(c) The licensee gives the other party to the contract or agreement written notice at least 30 days in advance of the licensee's intention to terminate the contract.

14.3 Secretary of State powers

14.3.1 Violation of law. The Secretary of State, in addition to or in lieu of any other penalties or corrective actions, may restrict or prohibit the use of any electronic bingo aid device or computer system that violates any provision of law or these rules.

14.3.2 Access and audit

(a) Upon request, a manufacturer, supplier, or agent of a bingo aid computer system must grant the Secretary of State access to all systems in use within the state. The Secretary of State will use this access to audit any system and verify that the system is operated in compliance with the law and rules regulating bingo aid computer systems.

(b) Independent testing

(1) Upon initiating an audit, the Secretary of State may require the manufacturer to submit any electronic bingo aid device, bingo aid computer system, random number generator, or the operating software of any electronic bingo aid device, bingo computer system, or random number generator for testing by an independent testing facility. Testing is at the manufacturer's expense and the Secretary of State will specify the independent testing facility.

(2) The Secretary of State, in consultation with the independent testing facility, will determine if the electronic bingo aid device and software is operating in compliance with the requirements and restrictions of applicable laws and rules.

(c) If the Secretary of State requests access to a particular system and the manufacturer, supplier or agent does not comply, the manufacturer, supplier and agent are prohibited from allowing a licensee to use the bingo aid computer system until authorized by the Secretary of State.

14.4 Random number generators. Any manufacturer or supplier that intends to sell or lease bingo equipment that generates numbers electronically must submit the following to the Secretary of State before the sale or lease of such equipment to licensees:

14.4.1 An operator's manual for the model or models intended for sale or lease;

14.4.2 Technical specifications for the model or models to be sold or leased that describe the method and algorithm of randomly generating numbers, along with the method used to ensure that duplicate numbers cannot be called;

14.4.3 Letters of authorization regarding the sale, lease, use or restrictions on use for each state in which the model or models is currently being sold, leased or otherwise used; and

14.4.4 Upon request of the Secretary of State, a working model capable of demonstrating play or a location where such equipment can be demonstrated to the Secretary of State.

8 CCR 1505-2-14

Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/2014

40 CR 17, September 10, 2017, effective 9/30/2017

44 CR 19, October 10, 2021, effective 11/1/2021

46 CR 05, March 10, 2023, effective 3/31/2023

47 CR 18, September 25, 2024, effective 10/15/2024