16 Tex. Admin. Code § 402.325

Current through Register Vol. 49, No. 48, November 29, 2024

Section 402.325 - Card-Minding Systems - Licensed Authorized Organization Requirements

(a) The licensed authorized organization must ensure the site system is accessible to the Commission via remote connection at all times.

(b) The licensed authorized organization must ensure that the receipts for its bingo occasion display the correct licensed authorized organization name, location name, time, and date.

(c) The licensed authorized organization must ensure that the occasion report displays the correct licensed authorized organization name, location name, date of the bingo occasion, and all other required information contained in §RSA 402.321<subdiv>(13)</subdiv> of this chapter.

(d) The licensed authorized organization must treat void transactions resulting in a cash refund in the following manner:

(1) The player must present the original receipt which was issued at the time of the purchase of the card-minding device before the purchase can be voided;

(2) The word "void" shall be clearly printed on the receipt issued once the void has occurred;

(3) The player must write his or her name, signature, and amount of refund on the back of the void receipt before a partial or full refund may be issued (unless the player refuses or is unable to provide the required information, in which case the licensed authorized organization shall so note on the back of the receipt); and

(4) All voided receipts must be attached to the bingo occasion report printed at the end of each bingo occasion and maintained with the records.

(e) If presales are made and the associated cards are not purchased, loaded, and enabled for play on a card-minding device, then those presales must be voided by the start of the second game of the occasion.

(f) Each licensed authorized organization must record all sales of electronic bingo cards and card-minding devices on the card-minding system point of sale station. Disposable cards, instant bingo pull-tab tickets and event bingo pull-tab tickets and all bingo prizes awarded, including both regular bingo and pull-tab bingo, may be recorded on the card-minding point of sale station. However, if a licensed authorized organization utilizes a customer account on a card-minding system, that organization must record all sales of disposable cards, instant bingo pull-tab tickets and event bingo pull-tab tickets and all bingo prizes awarded, including both regular bingo and pull-tab bingo, on the card-minding system point of sale. Disposable cards, instant bingo pull-tab tickets and event bingo pull-tab tickets sales and bingo prizes awarded may be recorded at the end of the occasion.

(g) Each licensed authorized organization purchasing, leasing, or otherwise utilizing a card-minding system must maintain a log or other records showing the following:

(1) the date the card-minding system was installed or removed; and

(2) the name and license number of the distributor from which the card-minding system was purchased, leased or otherwise obtained.

(h) If multiple licensed authorized organizations hold an interest in a card-minding system, a single record identifying each licensed authorized organization should be retained on the premises where the card-minding system is utilized.

(i) The licensed authorized organization must retain all records, reports, and receipts relating to the card-minding system's transactions, maintenance, and repairs for a period of 48 months for examination by the Commission. Such records shall be kept on the premises where the licensed authorized organization is licensed to conduct bingo, or at a location designated in writing to the Commission by the licensed authorized organization.

(j) All card-minding devices must be loaded or enabled for play on the premises where the game will be played.

(k) After the last game of the bingo occasion has been completed, the licensed authorized organization shall print an occasion report from the site system.

(l) The bingo player must be physically present during the game on the premises where the game is actually conducted.

(m) A licensed authorized organization may not add to or remove any software program related to the conduct of bingo to an approved card-minding system. If the Commission detects or discovers a card-minding system at a bingo premises that is using components or software that were not approved by the Commission as required, the card-minding system is deemed to have an unauthorized modification.

(n) No licensed authorized organization may display, use, or otherwise furnish a card-minding device which has in any manner been tampered with, or which otherwise may deceive the player or affect a player's chances of winning.

(o) At the time a player establishes a customer account, the licensed authorized organization must notify the player that any unclaimed balances in the customer account at the end of the occasion will be retained by the organization. Information regarding the retention by the licensed authorized organization of the unclaimed balances in a customer account at the end of an occasion must be included in the information the organization must provide to its players pursuant to § RSA 402.200 of this chapter. Any unclaimed balances retained by the organization under this subsection shall be considered to be funds derived from the conduct of bingo, deposited into the organization's bingo account, and reported as other income. However, any unclaimed balances deposited into the organization's bingo account are restricted to the organization's charitable purposes, as provided by Texas Occupations Code §RSA 2001.453<subdiv>(2)</subdiv> and § RSA 2001.454.

(1) For a licensed authorized organization that conducts bingo through a unit created and operated under Texas Occupations Code Chapter 2001, Subchapter I-1, any balances on a customer account may be used by the customer for any bingo occasion conducted on the same day of any of the organizations in the unit on the premises specified in their bingo licenses.

(2) For a licensed authorized organization that conducts bingo on consecutive occasions within one 24-hour period, any balances on a customer account may be used by the customer during either occasion.

(p) A licensed authorized organization must comply with the requirements in §RSA 402.200<subdiv>(b)(6)</subdiv> of this chapter regarding all bingo equipment malfunctions, including customer accounts on a card-minding system.

(q) Each licensed authorized organization must ensure that the card-minding system records the actual selling price of each card-minding device and electronic bingo card sold.

16 Tex. Admin. Code § 402.325

The provisions of this §402.325 adopted to be effective July 1, 2012, 37 TexReg 4907; amended to be effective September 1, 2014, 39 TexReg 6834; Amended by Texas Register, Volume 41, Number 31, July 29, 2016, TexReg 5520, eff. 8/1/2016