16 Tex. Admin. Code § 402.422

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

Section 402.422 - Amendment to a Regular License to Conduct Charitable Bingo

(a) A licensed authorized organization must file a form prescribed by the Commission to amend its licensed:

(1) playing days;

(2) playing times;

(3) playing location;

(4) bingo chairperson;

(5) organization name; or

(6) primary business office.

(b) Playing days or playing times.

(1) An organization amending its playing day(s) or playing time(s) must specify on the form each playing occasion day and time that the organization intends to conduct bingo at the location.

(2) The playing day(s) or time(s) specified on the form may not:

(A) conflict with the playing day(s) or time(s) of any other application or license issued for that location;

(B) exceed the maximum number of bingo occasions per day allowed under Texas Occupations Code, §RSA 2001.419<subdiv>(c) and (d)</subdiv>; or

(C) exceed three occasions during a calendar week or six hours per occasion.

(c) Playing location.

(1) An organization amending its playing location must return:

(A) its current bingo license if available, or a certified statement signed by the bingo chairperson indicating that the license is not available, unless the license is currently in administrative hold status or its renewal application is pending; and

(B) a copy of the meeting minutes recording that the organization voted to move the bingo playing location and indicating the exact playing location address and name of the location, if applicable.

(2) A licensee shall display a copy of its license at the current playing location if the license was surrendered upon application for an amendment.

(d) Organization name. An organization amending its organization name must submit a copy of the following:

(1) all amended organizing instruments reflecting the name change;

(2) written notice sent to the Internal Revenue Service updating the organization's record if the organization is required to maintain a 501(c) exemption;

(3) meeting minutes recording that the organization voted to change its name; and

(4) letter approving the name change from the parent organization, if applicable.

(e) Primary business office location.

(1) An organization may not relocate its primary business office to a different county solely for the purpose of relocating its bingo playing location. If the new location is not adjacent to the current county of its primary business office, the organization must have at least 20 percent of its members' residences located in the county to which the organization is moving.

(2) An organization changing its primary business office location must submit a copy of the following:

(A) meeting minutes recording that the licensed authorized organization voted to move its primary business office to the proposed location and the reason for the move;

(B) if moving to a non-adjacent county, the licensed authorized organization's membership list showing names and county of residence with at least 20 percent of the members' residences located in the non-adjacent county to which the organization is moving; and

(C) letter approving the organization's primary business office relocation to another county from the parent organization, if applicable.

(f) Meeting minutes submitted in accordance with subsections (c)(1)(B), (d)(3), and (e)(2)(A) of this section must be signed and certified as true and correct by an officer of the organization.

16 Tex. Admin. Code § 402.422

The provisions of this §402.422 adopted to be effective February 10, 2009, 34 TexReg 810; amended to be effective January 28, 2010, 35 TexReg 483; Amended by Texas Register, Volume 42, Number 51, December 22, 2017, TexReg 7393, eff. 12/31/2017; Amended by Texas Register, Volume 44, Number 43, October 25, 2019, TexReg 6368, eff. 10/31/2019