270 R.I. Code R. 270-RICR-50-00-2.7

Current through December 3, 2024

Section 270-RICR-50-00-2.7 - Operation of Bingo Games

A. Any charitable organization approved by the Department may promote, carry on, or conduct the game provided that:

1. Members of the applicant organization shall conduct the game.

a. However, the members shall be permitted to engage one or more persons to carry on or conduct the game who are not members of the organization; and, further, that any person who is a member or a worker of the organization which promotes, carries on or conducts the game shall be permitted to be a member or worker of another organization that promotes, carries on or conducts the game of bingo.

2. No person in the actual or constructive management and control of the game receives any compensation for services connected to the game, or receives any compensation from the gross receipts of the game, except runners who may receive reasonable compensation for services as determined by the Department. Runners shall not participate or assist in any other capacity at the game other than in those duties normally performed by a runner, such as selling specials, card exchange, food and beverage deliveries and calling off bingo winners. R.I. Gen. Laws § 11-19-32(15) provides that game workers may be compensated with a non-monetary gift valued at nor more than twenty-five dollars ($25) per quarter or a total of one hundred dollars ($100) per year in total. Beverages and food provided without charge to volunteer workers is not considered compensation.

3. Every licensed organization shall designate a bona fide, active member of the licensee to be in charge of and primarily responsible for each occasion. The member in charge shall have been a member in good standing of the licensed organization for at least two years. The member in charge shall supervise all activities and be responsible for the conduct of all bingo games on the occasion of which he/she is in charge, including the preparation of the required Financial Report. The member in charge, or his qualified designee, shall be present on the premises continually during the occasion and shall be familiar with the provisions of the Bingo Law, applicable local ordinances, these Rules and Regulations and the terms of the license.

4. List of Bingo Workers. Each licensee must post conspicuously at the location where bingo is conducted a list of those members and non-members authorized to conduct or assist in the conduct of the game. No person whose name does not appear on the posted list shall assist in the conduct of the game in any manner.

5. Participation as Worker. No person shall assist in promoting, carrying out or conducting the game of bingo except those individuals whose names appear on the list required and as authorized by the Department.

6. Officer Responsible for Gross Receipts. The licensed organization shall duly designate an officer of said organization to be in full charge of and primarily responsible for the proper use and disposition of all gross receipts. Such officer's name shall appear on the membership list and registration application required by the Department.

7. Participating as a Player. No person whose name appears on the list of workers required and as authorized by the Department may participate as a player in the game conducted by the licensee, except as authorized by the Superintendent in writing.

8. Qualifications of Workers. No person shall participate in any bingo game as a worker unless he is of good moral character and has not been convicted of a crime, other than a traffic violation, during the preceding five years.

B. Certain Persons Prohibited from Participation in the Conduct of Bingo

1. Except as specifically authorized by the Superintendent in writing, no person directly or indirectly connected with the manufacture, sale, rental or distribution of bingo equipment or supplies or facilities, or the agents, servants or employees of such person, corporation, association, firm, partnership, limited partnership or entity shall conduct, participate, advise or assist in the conduct of bingo or render any service to anyone conducting, participating or assisting in the conduct of bingo, including the preparation of any form relating to bingo. Licensed organizations receiving such assistance shall be in violation of this chapter.

C. Facilities

1. The game shall be conducted only on the premises affiliated with the charitable organization, meaning facilities owned by the charitable organization, or which a lessor undertakes to provide by the terms of a written lease, which lease shall be approved by the Superintendent. If the applicant organization desires to conduct the game on premises specifically leased for the occasion, a separate written request (together with the supporting reasons) shall accompany the registration application. In approving or disapproving the lease, the Superintendent will consider some of the following criteria, but not be limited to the following:

a. The special needs of the charitable organization running the game at a location not owned by them, for example, where the charitable organization has no other suitable place

b. The location of the rental site in relation to the membership of the charitable organization

c. The past uses of the rental site by the charitable organization for bingo and other charitable functions.

d. The cost of the rental site (commercially reasonable).

(1) These and other reasonable considerations will be considered by the Superintendent for approval or disapproval of a lease site. If a lease site is approved, then the rental fee contained in such lease shall be a certain sum and shall be commercially reasonable as determined by the Department.

2. In any building in which the game is played or conducted, it shall be used no more than three (3) times in any calendar week for conducting the game, and provided further that no annex or subdivision of any building shall be permitted to be used to conduct a game in an attempt to increase the number of times said building may be used for bingo purposes.

3. Premises Required to be Open for Inspection. The premises where any game of bingo is conducted or where it is intended that any game of bingo be conducted or any bingo equipment is to be used shall be at reasonable times open to inspection by the Department and the local licensing authority or its duly appointed representatives.

4. Visibility of Drawing. The receptacle, the person removing the objects or balls from the receptacle and the caller shall each be visible to the majority of the players at all times.

5. Accommodations to be Furnished to Players. Each player must be furnished at no extra charge, a chair and place with sufficient room to play. The area must be free of hazards to safety with means of egress clearly designated. Under no circumstances can the public be admitted to a building that does not have the required local occupancy permits and, in addition, each charitable organization must have their bingo facility inspected by the Deputy State Fire Marshal or an Assistant Deputy State Fire Marshal each year to comply with the provisions of R.I. Gen. Laws Chapter 23-28, the Rhode Island State Fire Safety Code. Verification of such inspection must be received by the Department prior to the renewal or issuance of the certificate of approval to conduct the game.

6. The licensed organization shall post conspicuously, within that portion of the premises where bingo is played, the rules governing the conduct of bingo at the place where bingo cards are sold.

7. Each licensed organization may retain the services of a police officer of the city or town where the occasion is conducted who shall be in attendance from the time the sale of cards or bingo opportunities commences until net proceeds have been secured by deposit or otherwise. The police officer may be compensated from operating expenses at a rate not to exceed the rate currently prevailing for such services in said city or town. The Department shall certify each police officer seeking to work at the game that he or she has read the bingo laws and the Rules and Regulations relating to them. At no time will any paid police officer participate or assist in any other capacity at the game other than to perform those duties normally associated with a paid police security detail.

8. Reserved seating shall be prohibited except in the case of handicapped persons who may be seated next to a building's entrance or exit for their safety and convenience.

9. In the playing of bingo, no person who is not physically present on the premises where the game is actually conducted shall be allowed to participate as a player in the game.

D. Equipment and Cards

1. Equipment

a. Equipment used in the conduct of bingo must be maintained in good repair and sound working condition. Equipment shall be used, and play operated, so that each player is given an equal opportunity to win.

b. The objects or balls to be drawn must be essentially the same as to size, color, shape, weight, balance and all other characteristics so as to be at all times during the conduct of bingo equally agitated and circulated within the receptacle before each game is begun.

2. Ownership of Equipment

a. The licensed organization shall conduct bingo games only with equipment owned by it or which a lessor undertakes to provide by the terms of a written lease, which lease shall be a certain sum and shall be commercially reasonable, as determined by the Department.

b. Use of equipment for which the licensed organization pays consideration directly or indirectly or under the guise of a service charge is prohibited except as allowed by the previous selection.

c. No licensed organization shall agree to purchase its supplies in consideration of receiving the use of any equipment, goods or supplies without charge.

d. Licensed organizations renting equipment (i.e., blower, machine, balls, flash boards, tables and chairs, etc.) are not allowed to continue the rental of this equipment over an extended period of time (beyond the actual costs of the original purchase price of the equipment). The Department, pursuant to R.I. Gen. Laws § 11-19-31, may allow licensed organizations to exceed the 25% maximum of the total gross receipts for additional expenses to free the charitable organization from costly rental fees, thereby increasing the net profits for the charitable organization.

3. Licensing of Persons, Firms or Corporations Engaged in the Sale or Rental of Bingo Equipment and Supplies.

a. No charitable organization shall be licensed to sell or rent equipment. If a charitable organization allows another charitable organization to use its equipment, then there shall be no charge for that use.

b. Bingo equipment not owned by the charitable organization or subject to a lease-purchase agreement shall be removed from the premises where the game shall have been played after every occasion, unless written permission from the Department is obtained.

4. Sale or Rental of Bingo Equipment, Supplies and Facilities

a. Every individual, business, corporation or entity engaged in the business of the sale of bingo supplies or equipment shall be in compliance with the requirements of Transportation of Gambling Devices, 15 U.S.C. Chapter 24, which deals with gambling devices and the Gambling Device Act of 1962.

b. The Department shall have the power and authority to investigate as to the direct or indirect ownership or control of any individual, business, corporation or entity engaged in the business of the sale of bingo supplies or equipment.

c. Any individual, business, corporation or entity engaged in the business of the sale of bingo supplies or equipment must provide to the Department upon demand any business or individual records requested by the Department.

d. Transaction of Certain Business Prohibited. No person who is directly or indirectly connected with the manufacture, sale, rental or distribution of bingo equipment, supplies or facilities or his agents, servants or employees may be present during the conduct of bingo games for the transaction of business without written approval of the Superintendent.

5. Registration of Bingo Equipment

a. Charitable organizations owning bingo equipment and lessors of bingo equipment must register that equipment with the Federal Government under 15 U.S.C. Chapter 24, which deals with gambling devices and the Gambling Device Act of 1962, if applicable.

b. A copy of the registration letter sent to the U.S. Government must be submitted at the time of registration or renewal of registration with the Department.

c. Those charitable organizations already registering other gambling devices with the U.S. Government may simply add the bingo equipment on the annual registration with the U.S. Government and the Department.

6. Sale of Cards

a. Bingo games or opportunities may be printed only on one side of a card. All cards must be sold with the face or printed side of the card invisible and undisclosed to either the buyer or seller. No player at the time of sale may be given any opportunity to select any particular bingo card on the basis of the numbers on the card or otherwise.

b. Bingo cards may be exchanged by choice after purchase at a location set up for card exchange or obtained from runners after the bingo games have commenced.

c. The licensed organization shall keep an accurate count in separate categories of the number of admissions sold, the number of Regular Cards sold, the number of Extra Regular Cards sold, and the number of Special Game Cards sold. This information must be available during the occasion. Regular Cards and Extra Regular Cards shall be distinctively marked on the admission control card.

d. Inventory of Supplies. Accurate records revealing the number of bingo cards owned by the licensed organization are required. The licensed organization is required to possess and furnish upon request proof of ownership for all equipment and cards in its possession. All licensed organizations are subject to inventory by representatives of the Department at any reasonable time.

E. Charges and Fees

1. Price of Cards or Bingo Opportunities

a. All opportunities to play -- admission, Regular Cards, Extra Regular Cards and Special Game Cards -- must be assigned specific prices and may be sold only for the specified price.

b. No less than two dollars and fifty cents ($2.50) shall be charged for the purchase of six (6) Regular (hard) bingo cards. This requirement establishes a minimum price for Regular Bingo Cards and allows the charitable organization to set its own price structure for additional Regular Bingo Cards, Extra Regular Bingo Cards and Special Game Cards, except the Winner-Take-All Game.

2. Admission Control Cards

a. No person shall be permitted to play bingo without an admission control card.

b. The purchase of the admission control card shall provide for admission to the premises where a bingo occasion is to be conducted and entitles a person, after purchasing Regular, Extra Regular or Special Bingo Cards to participate in all games of bingo during that occasion.

c. The admission control card shall be a pre-printed two-part form, which must indicate the maximum number of Regular Bingo Cards and Extra Regular Cards a player may use at any one time, and both parts shall be date stamped and consecutively numbered.

d. Bingo players must display the admission control card at all times during the game.

e. The charitable organization must maintain the second part of the admission control card for audit purposes for each occasion.

f. The charitable organization shall use the admission control card for a door prize raffle, if the charitable organization requests to have a door prize raffle at the time of registration and the raffle is approved by the Department. In any door prize raffle the total number of prizes awarded may not exceed five (5), and the total dollar amount of cash and/or prizes shall not exceed one hundred dollars ($100) per occasion.

F. Operation of Bingo Games

1. The game may be carried on or conducted by each licensed charitable organization not more than twice in any period of one calendar week.

2. Prior to the start of each occasion, the member in charge shall count and inspect the bingo balls and verify their correct number and condition.

3. Drawing of Numbers. The caller shall remove the object or ball from the receptacle, observe the number and display the object or ball to the players with the numbers visible and call out the number. The numbers must be called accurately and in such a manner as to be heard by all players. Once removed, no object or ball may be returned to the receptacle until after the conclusion of the game.

4. Winning Combinations. Directly before any game has begun, the amount of the prize and the arrangement of numbers required to win must be announced clearly in a manner audible to all players. If a series of games is divided into multiple prizes, the winning arrangements and amount of each prize shall be announced audibly immediately prior to each such game.

5. Permissible Winning Combinations. No arrangement of numbers shall be required to be covered in order to win a game, other than the following:

a. One unspecified horizontal row.

b. One unspecified vertical row.

c. One unspecified diagonal row.

d. One unspecified row (horizontal, vertical or diagonal)

e. A specified arrangement consisting of two or more of the foregoing

f. The entire card

g. Four outside corners designated as top and bottom spaces under the letters "B" and "O".

h. Eight spaces surrounding the free space.

i. Four inside corners designated as second and fourth spaces from the top under the letters "I" and "N".

j. Exactly the same as indicated above on cards bearing five letters other than "BINGO", e.g., "BEANO", "BLITZ", etc.

k. No other type of bingo is allowed without written permission of the Superintendent.

6. Verification of Numbers Drawn. Any player may request a verification of the numbers drawn at the time a winner is determined and a verification of the objects or balls remaining in the receptacle and not drawn. Verifications shall take place in the immediate presence of the member in charge, one or more players other than the winner, and the player requesting the verification at his option.

7. Verification of Winning Cards. The numbers appearing on the winning card must be verified at the time the winner is determined in order to ensure that the numbers on the card, in fact, have been drawn from the receptacle. This verification shall be done in the immediate presence of one or more players at a table or location other than the winner's.

8. Multiple Winners. When more than one player is determined to be a winner on the call of the same number, the designated prize shall be divided equally to the nearest dollar. When equal division of a merchandise prize is not possible, substitute prizes of equal value, but not in excess of the designated prize in total value, shall be awarded.

9. Standard of Conduct of Games. Every licensed organization is responsible for the supervision, regulation and conduct of all bingo games conducted under the authority of its license and is required to so supervise, regulate and conduct all games in accordance with the Bingo Law and these Rules and Regulations. All players must be given an equal opportunity to win and the licensed organization is required to eliminate any influence that has or may have as its effect the predetermination or selection of any winner or winners.

G. Restrictions

1. That there is only one (1) sponsor for each date of the proposed game and that such game is conducted only on the premises affiliated with such organization in conformance with rules and regulations set forth in § 2.7(C) of this Part.

2. There shall be a maximum limit of 45 games an organization may conduct on a single occasion, excluding the Winner-Take-All game or multiple games. Every time a prize is awarded shall be considered a game.

3. The game may be conducted on any day in the week; unless the local licensing authority prohibits a particular day or date.

H. Prizes

1. The total prizes, in the form of cash and/or retail merchandise, including prizes from winner-take-all games which are offered or awarded, cannot exceed the sum of seven thousand five hundred dollars ($7,500) in any one night.

a. Winner-Take-All Game Player on Special Game Cards

(1) One Winner-Take-All game is allowed per occasion and must be completed by three-fourths of the way through the schedule of games.

(2) The Winner-Take-All game may be a multiple game or a series of games, meaning that the game may be played in a progressive manner.

Example: If the total Winner-Take-All receipts are $728, the organization may run any combination of games to award the total $728 (i.e.-single bingo, double bingo, full card etc.)

(3) All proceeds from the sale of Special cards for the Winner-Take-All game must be awarded as prizes for these games, hence the title "Winner-Take-All."

(4) When more than one (1) player is determined to be a winner on the call of the same number, the designated prize shall be divided equally to the nearest dollar in a Winner-Take-All game.

(5) All monies collected and prizes to be awarded for the Winner-Take-All game must be announced over the public address systems to the Bingo players prior to the start of every game.

(6) After the Winner-Take-All game or games is complete, the charitable organization shall collect the special bingo strips sold for the Winner-Take-All and deposit them in a box in full view of the players. Any player desiring to verify the total prize payout in the Winner-Take-All game or games may verify the total number of special cards sold. If there is any dispute over the total number of special cards sold or the prize awarded for the Winner-Take-All game, all interested parties shall fill out a Bingo Complaint Form (SP-3) and the member in charge of that occasion shall secure the Winner-Take-All specials and notify the Department by reporting the incident on the Financial Report of that occasion.

b. R.I. Gen. Laws § 11-19-32(14) allows for the offering of a bonus building prize pool that would start at five hundred dollars ($500) and increase at one hundred dollar ($100) increments each week until it reaches a maximum amount of one thousand dollars ($1,000).

2. Multiple Winners. When more than one player is determined to be a winner on the call of the same number, the designated prize shall be divided equally to the nearest dollar. When equal division of a merchandise prize is not possible, substitute prizes of equal value - but not in excess of the designated prize in total value - shall be awarded.

3. Varying Value of Prizes Offered. Within the limits established in these Rules and Regulations, the prizes offered might be varied depending on the number of persons entitled to play present at the occasion. For example, the one (1) $500 prize may be given as a single $400 prize, or a single $300 prize, etc., but never in excess of the maximum prize value.

4. Gifts Prohibited. No licensed organization may offer, distribute or give any service or thing of value or opportunity to play bingo without charge.

5. Nothing in this section shall allow the awarding of any prize, when the winner is finally determined, in excess of the maximum prize allowed by the Rules and Regulations for a single bingo game. It is the specific intent of this regulation to forbid the carrying-over of un-awarded prizes to the extent that the ultimate prize would be in excess of the maximum prize allowed.

6. Merchandise Prizes. When merchandise is awarded as a prize in a game of bingo, its value shall be its cost to the licensed organization; or if donated, the fair market value. The fair market value of donated merchandise prizes may not be reported as an expenditure in any Financial Report. Serial numbers of merchandise prizes shall be recorded and included in the Financial Report. All cash prizes in excess of two hundred fifty dollars ($250) per person must be awarded by a check from the Special Games of Chance Account.

7. Bonus or additional prizes are prohibited. (Ex: gold cards).

8. No licensee shall offer, distribute or give any service or thing of value without charge, other than the prizes awarded in the conduct of a game of bingo.

I. Prohibited Acts

1. No other games of chance or gambling of any kind other than bingo, whether lawful or unlawful, shall be conducted or allowed on or before any occasion where bingo is played except the following:

a. Licensed charitable organizations may sell pull-tab lottery tickets properly obtained from the Rhode Island Lottery Commission.

b. Licensed charitable organizations seeking to have a door prize raffle, using the admission control card may do so after requesting the same at the time of registration with the Department.

c. Raffle tickets of charitable organizations holding a valid raffle permit authorized by the Department may sell raffle tickets at any bingo occasion with the permission of the licensed organization.

2. No alcoholic beverage may be sold, dispensed or consumed on that part of the premises used for bingo during an occasion.

3. No person under eighteen years of age shall be permitted to participate in the game.

4. No person under eighteen years of age shall be permitted on that portion of the premises used for bingo during an occasion except members of the charitable organization working at the bingo or concession workers.

5. Prohibition of Certain Sales. Except for the sale or offering for sale by the licensed organization of bingo supplies, raffle or lottery tickets and food or refreshments, no services, goods or merchandise may be sold or offered for sale on that portion of the premises used for bingo during an occasion.

6. Advertisement of Bingo Games. As provided in R.I. Gen. Laws § 11-19-32(13), charitable organizations may advertise bingo occasions in print media provided that no information other than the name of the organization sponsoring and or benefiting from a game and the date and time and place of the games are provided in the advertisement.

7. No charitable organization making sales at retail of food, beverages and bingo supplies will be authorized to conduct the game unless that organization complies with all applicable requirements of R.I. Gen. Laws §§44-18 and 19 (Sales and Use Tax Law). Complete information may be obtained by contacting the Division of Taxation.

270 R.I. Code R. 270-RICR-50-00-2.7