Section 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.(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 shall initiate an immediate review of the license.(3) The department may not continue an exception to a licensee that otherwise meets the requirements of this section if there has been a material change of circumstances since the time when the licensee was granted the exception.(4) For purposes of this section, "a material change of circumstances" includes: (a) Failure of the licensee to conduct a bingo game for 18 consecutive months in accordance with the exceptions previously granted by the department; or(b) Operation by the licensee of its bingo game in a county other than the county in which it operated its bingo game in January 1987, unless the game remains in the same city.(5)(a) Subject to this section, a bingo licensee may continue to operate a bingo game under the terms of an exception that was granted under this section prior to October 4, 1997, including but not limited to any limitation on the annual handle imposed or applicable under the terms of the exception.(b) On written notice to the department, a licensee may elect to operate a bingo game under ORS 167.118 without a limitation on the annual handle of the licensee.(c) A licensee that elects to operate a bingo game without a limitation on the annual handle of the licensee shall comply with ORS 464.350. 1987 c.914 §28; 1997 c.867 §12; 1999 c.218 §3; 2001 c.78 §1