Bingo Chairperson Training Program

Bingo Chairperson Training Program

To TheTo TheTo TheTo TheRevised

01/19/2011!

Module TWO: Licensing

Your Name Here

Meredith Eves

45678909/09/2012

Licensing SectionResponsible for:

• Answering Inquiries & assisting in complaint investigation• Transferring Equipment• Registry of Workers• Pre-License Interviews • Also responsible for

• License Fees• Forms• Administrative Rules

• Issuing Licenses!

Your Name Here

Jack Willow654345

April 10, 2012

Types of Licenses

• Conductor • Lessor • Manufacturer • Distributor • Unit Manager

• System Service Provider Per HB 1474

ConductorA non-profit organizationwho conducts the bingogames

Other terms you’ll hear:• Licensed authorized organization• Conductor-lessor• Lessor-conductor• Charitable lessor• Charitable Conductor• Charity

LessorPersons who lease bingopremises to licensedauthorized organizationsfor the conduct of bingo

Other terms:• Charitable lessor• Lessor-conductor• Commercial lessor• Grandfathered lessor• Association

Big $$ Win

BINGO

Manufacturer

Persons who make bingo equipment and supplies.

Sells only to TX licensed distributors or other manufacturers

DistributorPersons who sell the manufactured bingo equipment and supplies to

licensed authorized organizations or other distributors

Showtime Bingo Products Distributor

Current Distributors and their Contact Information!

Use the list of active distributors here to buy your bingo supplies, compare product and prices!

Distributor Contact Information

Unit Manager

Persons who are responsible for the

payment of prize fees and filing of the

quarterly reports for an accounting unit

The “Original” License

The Very First License Issued to the Licensee

By-laws Meeting minutes Proof of charitable activity & existence Membership rosters Background checks 501c documents

License Renewal

A “regular” license is renewed Annually or Bi-annually

2011-2012 2011-2013

License Amendment = CHANGE

Changes made duringthe active license term

• change in bingo chairperson• change in license days / times• change in location

Licenses Issued in 2010

87 Originals1,289 Renewals 742 Amendments7,084 Temporaries

A total of 9,202 licenses issued !

(Unaudited figures as of 1/19/2011)

Conductor License Types

“Regular License”

Temporary License

License that expires on first or second anniversary of the date of issuance. Term includes an annual license.

HB 1474New Term

Regular License

• Good for up to three occasions per week.

• Each occasion may be up to four hours.

Temporary License

• The temporary license is issued for one 4 hour bingo occasion for a specified date and time.

• These are commonly used for special occasions or holidays.

• $25.00 per occasion Or ESCROW

Number of Temporary Licenses Permitted

Regular License – 24 per license period year

Regular Bi-Annual License – 24 per license period year for a total of 48 temporary licenses

No Regular License – 6 per calendar year

Increased by HB 1474

Temporary License Location OPTIONS• At the same playing location as a regular license.

• At a different playing location from the regular license.

• At an unlicensed playing location.

• Location Must– Be in the same county as organization’s primary business office or

contiguous county– Be legalized for conduct of bingo by election

HB 1474

BIG CHANGE!• Rule 402.401 (Amended with effective date of 03/09/2010)• REGARDING TEMPORARY LICENSES

“Occasion not held. If a licensed temporary occasion is not held, the organization will forfeit any license fee paid.”

CREDIT

PLAN AHEAD; MONITOR YOUR BINGO OPERATION CAREFULLY!

File Your Renewal!

• Temporary occasions cannot be approved whose effective date falls in a future licensing period if the renewal application has not been filed.

Current license period Future license period

T T T

Help Us Help You!• Whenever possible, use the interactive form•Easy to read, easy to data-enter—less errors•Look for this icon symbol for forms on the website:

• Reading hand-writing can be difficult and lead to data-entry errors that become part of your permanent record until discovered and corrected.

Interactive Form Icon

?

?

Double Check: Use The Right Form!

• Section 1 – Use if playing at your annual license playing location.

• Section 2 – Use if playing at a location different than your annual license playing location.

• Regular and interactive forms on our website for your use

BINGO OCCASION•Redefines the definition of an “occasion”

• “a single gathering or session at which a bingo game or a series of bingo games, including the selling and redeeming pull-tab bingo tickets, are conducted on the day and at the times listed on the license issued to a licensed authorized organization”.

• The occasion no longer includes preparatory or concluding activities incidental to the conduct of bingo such as selling bingo paper.

CitationsSec. 2001.002(6), Sec.2001.419, Rule 402.201

HB 1474

Sec. 2001.419 BINGO OCCASION• Deletes the requirement to observe a 10-minute intermission

• If more than one bingo occasion is conducted at the same premises on the same day:

•The bingo occasions must be announced separately•The licensed times may not overlap•Bingo cards may be sold during a bingo occasion for play during a subsequent bingo occasion that is scheduled to being at the same premises in not more than eight hours after the sale of the bingo cards for the subsequent occasion begins.•Bingo paper for a bingo occasion may be sold at the licensed premises before the bingo occasion begins.

CitationsSec. 2001.002(6), Sec.2001.419, Rule 402.201Intermission

HB 1474

Limits to the Number of Occasions Per Day

• No more than two occasions may be conducted per day

EXCEPT…….

• A third occasion is allowed under a temporary license provided the organization holds an annual license at that playing location.

2

3

Coordinate All Changes in the Hall• Ensure that the

temporary date and times do not overlap any annual bingo occasion being held that day.

• Submit amendment applications at the same time as the temporary application.

?TempThe License Examiner has to be able to see the entire hall playing schedule and coordinate ALL of the changes.

Regarding Advertising…

• Remember, unless the license is issued and received, it is illegal to advertise or conduct the bingo occasion.

Betty’s

Bingo

$250Door Prizes

Bingo License Pending; Grand Opening 11-03-2012

Amendments A regular license must be amended any

time there is a change to the:

– bingo occasion days and times – designated bingo chairperson – playing location– primary business location– organization’s legal name

*See Administrative Rule 402.422 effective 02/10/2009

Bing

oCh

airp

erso

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Texas Application to Amend License to Conduct Bingo Amending Days/Times Only

With ESCROW funds , fax will be faster!

Amending Days/Times Only• Texas Application to Amend License to Conduct

Bingo Amending Days/Times Only.

• $10.00 fee.

• Once approved, application form is faxed back and should be posted next to the license.

Texas Application to Amend a License to Conduct Charitable Bingo

Used for changes to:• Bingo chairperson• playing location• primary business office• organization name

Submit your current annual license for a change in playing location.

ACE

Acme

Charity

Bingo

BINGO IN CONTIGUOUS COUNTIES!• Bingo must be legal in the county

• May conduct bingo in contiguous county to organization’s primary business location county, or the principal residence of their chief executive officer

•In this picture, conductors in Travis county (red) may conduct bingo in contiguous counties (blue) of Williamson, Bastrop, Caldwell, Hays, Blanco and Burnet counties

How can I verify “con teeg goo us” counties?

There is a Texas Department of Transportation (txdot) website page that will help you!

Just select the Texas County; it will show you all surrounding counties

http://www.txdot.gov/travel/county_grid_search.htm

Amending your Playing Location

• Enclose a copy of the meeting minutes where your organization voted to move playing locations.

– must be certified as true and complete by an officer

– must contain the name and/or address of the new playing location**

Bingo New Home VOTE

TONIGHT !

** Administrative Rule 402.422

Amending your Primary Business Office

• Where the records relating to the primary purpose of the organization are maintained.

• If no business office, then use the residential address of your chief executive officer.

• Enclose a certified copy of the meeting minutes when and where the organization voted to move.

Organization’s Business Office

CEO’s Residence

Amending your Bingo Chairperson

• Must be an officer or director of the organization.

• Must be in compliance with the bingo training requirement.

Administrative Rule 402.406 effective February 10, 2009

Amending your Organization’s Name …..a formal process

• Enclose the following:

– Certified copy of the meeting minutes

– Copy of the new organizing instruments

– Copy of the correspondence sent to the IRS

– Letter from parent organization, if applicable

When amending your PLAYING LOCATION…

You must: (1.) surrender youroriginal bingo license whenyou are filing an amendment tochange your playing locationand (2.) you must make a copyof your annual license and postit until your new amended licenseis received.

Per Section 2001.306(c)

Twany Animal Shelter78878 Smith Ave.Dickinson, TX 78777

John B. David899 Tweeter St.Bennett, TX 76344

1443311322

09/09/2008-09/08/2009

Twany Animal Shelter78878 Smith Ave.Dickinson, TX 78777

John B. David899 Tweeter St.Bennett, TX 76344

1443311322

09/09/2008-09/08/2009

COPY

Letter of Authority

• Issued when a license cannot be received before the requested effective date.

• Post in lieu of a license until the actual amended license is received.

TimeCrunch!

Letter of Authority

• If a Letter of Authority is granted for a temporary license, no license is mailed to the organization because the date would have passed.

• Do not rely on a Letter of Authority being issued; plan ahead to allow sufficient time for our office to process the application and your organization to receive the license.

Too Slow !

Administrative Procedure Act (APA) Approval Letter

• Serves as an approval until the final disposition of a pending renewal application.

• APA Approval Letters should be posted at the playing location.

Escrow Accounts

• The organization may submit license fees in advance to be placed in an escrow account.

• Indicate the purpose of the funds on the check or in an accompanying letter.

• Account balances may be obtained from the Bingo Services Center.

License Fee Payments• License Fee Payments should be:

– Written from your bingo or unit bingo account, as applicable– Made payable to the State Comptroller

Renewal

• All regular licenses must be renewed.• License periods are one or two years.• HB 1474 offers some license fee pay options

HB 1474

Renewal Applications• The Charitable Bingo Operations Division mails

renewal applications approximately 30-45 days before the end of the license term.

• You are responsible for filing timely. Forms must be postmarked on or before the license expiration date to avoid a penalty.

You’ve got mail!....maybe!Is your address of record correct and current?????

Ensure any changes are reported promptly!

Renewal Applications

• You will have to pay a penalty if you file your renewal application late.

I want my bingo!

LATE Renewal of Annual License Options

Past license renewal date…• Up to 14 days late---license fee(LF) + 10% LF• 15-28 days late---license fee + 20%• 29-42 days late---license fee + 30%• 43-56 days late---license fee + 40%• 57-60 days late---license fee + 50%• >60 days---reapply for original license

You can do it, but being late costs you money!

Renewal Applications• Personalized for each

organization.

• Changes to information may be made directly on the form.

• Please ensure that any previously submitted changes are reflected on your renewal application.

License Fees• License fee listed on

the renewal application are estimated fees.

• All annual license fees are recalculated after reports are filed and the difference is credited or collected, as applicable.

License Fee Balance Due or Credit

• If after the year is over and your organization has made more gross receipts than was estimated, you will owe additional license fee for that given year, shown as a LICENSE FEE BALANCE DUE on the renewal application, plus the new estimated license fee.

• If your actual gross receipts were less than estimated, you will have a LICENSE FEE CREDIT DUE.

Two Year Licenses

• For a two year license, each year is recalculated separately but the estimated license fee is based on the most recent previous four quarters gross receipts from the date the renewal application was computer generated.

• The two year license fee is 2 x the estimated license fee for the four most recent quarters.

Four Most Recent Quarters

Bonds• Required to secure payment of the tax on gross rentals or

the fee on prizes.

• Ways to post a bond:– Cash Bond– Bond from a surety company chartered or authorized to

do business in Texas– Certificates of Deposit– Certificates of Savings– Letters of credit from financial institutions– United States Treasury Bonds– Assignment of negotiable stocks or bonds, subject to

the approval of the Commission– Other security as the commission considers sufficient

Release of Bond or Other Security

• A bond can be released after two years if there has been no jeopardy determination.

• Written notice of release is sent to your organization when the bond is no longer required.

You’ve Got Mail---your bond is no longer required!

New Bond Required?“Jeopardy Determination” = New Bond

•A new bond must be posted if the organization has a jeopardy determination.

•The amount of bond is 3 times the highest prize fee in the four most recent quarters.

•A bond required under a jeopardy determination will not be released.

Citation: Section 2001.511 Jeopardy Determination

Unit Jeopardy Determinations• The required security is divided

equally among unit members for units with a designated agent.

• The required security amount must be posted by the trustee organization for units set up under a trust agreement or the unit manager.

Administrative Hold• Administrative Hold is a license status that is considered active but the

organization is not currently conducting bingo.

• To go into Administrative Hold:– Submit your current annual license– Complete a Request for Administrative Hold Status form

How do you come out of Administrative Hold?

• File a Texas Application to Amend a License to Conduct Charitable Bingo form

• Submit a $10.00 license fee• Provide meeting minutes

Can a licensee renew in Administrative Hold?

• Yes, if all of the requirements of the Bingo Enabling Act and Charitable Bingo Administrative Rules are met

What is the cost?

•There is no fee to place your license on administrative hold status.

•To renew a license in administrative hold status, you may submit an estimated fee of $100.00 plus any prior year balance due.

Administrative Hold CHANGE!

• New Requirement!• If you had bingo games during the

organization’s license period, there must be positive net proceeds.

HB 1474

Registry of Approved Bingo Workers

• Simply a list of persons who are approved to be involved in the conduct of bingo, to act as a bingo operator, bingo bookkeeper or be named the Bingo Chairperson.

OK, Let’s talk about the…

Full Name City Name Registry Number

Registry Expiration Date

Aaron,Ronny C Midland 131641 10-May-12Abadie,Maurice S San Antonio 122881 4-Dec-09Abalos,Patrick S Round Rock 108152 26-May-10Abbe,Deryl Temple 107863 25-May-10Abbondola,Joseph M Richmond 107811 25-May-10Abbondola,Louise A Richmond 113559 4-Oct-10Abbott,Kelsey L Flower Mound 125775 14-Oct-10Abbott,Lydia Waco 131997 15-Jun-12Abbott,Mary E Abilene 125328 4-Sep-10Abdullah,Morris A Nacogdoches 125791 14-Oct-10Abercrombie,Claudia M Orange 115513 27-Feb-11Abercrombie,Leaota E Waco 132609 20-Aug-12

Registry of Approved Bingo Workers

• A person is unable to work or volunteer unless that person is listed on the Registry or…

HB 1474 allows“Provisional Workers”

Who Should Be Listed? • Operators*• Managers• Cashiers• Callers• Ushers • Salespersons• Bingo Chairperson*• Bookkeeper*

See Admin. Rule 402.402 (amended March

9, 2010) for more information. * These individuals must be added to the license record.

How To Be Listed

• Complete a Texas Application for Registry of Approved Bingo Workers Form.

• Pass a criminal history background investigation.

• Persons residing outside of Texas must also submit a verifiable FBI or DPS fingerprint card.

New Forms !

New term….”provisionally employed”

REGISTRY Identification Cards

• Once approved, a letter of notification and six registered worker identification cards are mailed.

• HB 1474 allows the use of “Provisional Employees”– Print ID cards off website– Good for maximum of 14 days– Annotate “Provisional Employment”

– Enter date Registry paperwork was sent to Commission

Jonathan F. Doe

May 7, 2011459423

Samantha P. Jones

Provisional Employment

October 28, 2010Citation: Admin Rule 402.402 (effective March 9, 2010)

HB

1474

“Provisional Employees” Let’s

Talk

About

AR 402.402 (effective 03/09/2010) outlines requirements.

Individuals must indicate their provisional employment status and location on their Registry application.

Organization must retain copy of provisional employee’s Registry application until the individual is formally added to Registry or notified of ineligibility.

Provisional employees must generate and wear their identification card while on duty.

April 28, 2010

Provisional Employment

Jack R. Jones

Instructions for Provisional Employees

Must stop working bingo if:

a Texas resident and have not been listed on the Registry within 14 days of registry application processing date.

A non-Texas resident and have not been listed on the Registry within 45 days of the registry application processing date.

Notified by Texas Lottery Commission that individual has been found ineligible based on background investigation.

Mitigating circumstances if fingerprint cards are rejected and must be resubmitted.

“Provisional Employees” Let’s

Talk

About

Required on duty.Must be legible, visible, on a

Commission approved form and list the individual’s name and registration number.

Are not transferable – personal photo identification must be carried at all times.

Additional cards are available.

Registry Identification Cards

KEYINSPECTIONITEM!

Who May Not Be Listed?• A person convicted of:

– felony – gambling offense– criminal fraud– crime of moral turpitude

• If less than 10 years has passed since the end of a sentence, parole, mandatory or community supervision served for the offense.

• Not Listed = Not Working—paid or non-paid

Worker Registry Listing

• Applicants are added to the Registry after it is determined that they are qualified.

• A person is listed on the Registry for three years.

BINGO CHAIRPERSON:

How does your bingo operation track the registry status of your workers so there are no scheduling hiccups or compliance issues?

Worker Registry Renewal• Renewal applications must be filed before the

registrant’s expiration date but not earlier than six months.

• If the application isn’t filed timely, it is illegal for the worker, operator, or Bingo Chairperson to serve in that position.

Changes to Personal Information

• Registered workers must report all changes to personal information within THIRTY days of the change.

• You may use Schedule N-3 Notice of Change for Registered Worker to notify our office.

• Request new identification cards if changing your name.

Keep the Commission Informed!

Notify the Commission!(of almost any changes in your bingo operations)

Newly elected or designated individuals required to be named on the bingo record

Notification to remove Individuals from the bingo record

Changes in personal information: address, name or phone number or positions held within the organization

Changes in the organization’s 501(c) exemption status or affiliation

Lease agreement termination or rent amount change

Organization’s contact information: telephone/fax numbers, e-mail address, contact individual, mailing address, physical address.

A Few Examples:

Not sure which form to use to notify? Call the Bingo Division at 1-800-246-4677

Bingo Chairperson Training Program

Bingo Chairperson Training Program

Module Two: Licensing