13 Miss. Code. R. 10-1.1

Current through January 14, 2025
Rule 13-10-1.1 - Definitions

The terms defined in the Mississippi Gaming Control Act have the same meaning in these rules as in the Charitable Bingo Law unless otherwise indicated. As used in these rules, the following terms have the following meanings, unless the context clearly indicates otherwise.

(a) "Act" means the Charitable Bingo Law, Sections 97-33-51 through 97-33-81, 97-33-101 through 97-33-109, 97-33-201 and 97-33-203, Mississippi Code of 1972.
(b) "Adjusted Gross Receipts" means all revenue remaining from bingo operations after payment of prizes and payment of fees required by the Commission.
(c) "Alternate Supervisor" means the person who is designated to supervise all activities and be responsible for the conduct of all games of a particular session in the absence of the bingo supervisor.
(d) "Applicant" means the organization, its members, officers, agents, or employees who have applied for any license from the Commission.
(e) "Automatic marking" means that numbers are marked on electronic card faces without a need for interaction by the participant. The only input required by the automatic marking functionality is by means of the calling system. The participant loads cards by input of the receipt number and/or the control number (a number identifying the cards sold to that player).
(f) "Bingo" means a game of chance in which a right to participate is sold to a player and prizes are awarded, that is:
1. Played with a card, sheet, or an electronic representation thereof, bearing numbers or symbols;
2. Played with the participant covering, marking or revealing the numbers or symbols, as objects similarly numbered or designated are drawn from a receptacle and orally called; in the case of electronic representations, the requisite covering, marking or revealing may be accomplished electronically to match objects similarly numbered or designated and stored in memory in advance as winners, or which are generated randomly by an electronic process;
3. Won by the player who first covers, marks or reveals a previously designated arrangement of numbers or symbols; and
4. Played on the premises leased or owned by a licensed charitable organization and during the bingo location's regular hours of conducting bingo games.
5. The term "bingo" includes pull-tabs made available as a companion game to bingo and played on the premises. The term "bingo" does not include any game which is played via television, telephone, satellite dish or any other telecommunications transmission or receiving device.
6. Any electronic device used to produce an electronic representation of a pull-tab must maintain an inventory recorded in computed memory, not on cartridge memory, of the numbers of winners and losers. It must also be equipped with tamper-proof electric meters as a backup to the computer memory. It may not dispense cash or coins. Paybacks will be dispensed by printed ticket only. The printer shall maintain duplicate records of all transactions on paper, electronic file located within the sealed logic area or on web-based software. All such electronic pull-tab devices shall be approved by the Commission. Nothing herein shall prohibit the use of non-volatile memory devices that possess the ability to be checked for program integrity to a 99.9% level of competence at the site of the location owner by the Commission utilizing limited specialized equipment. Such non-volatile devices (other than standard EPROMs) shall be submitted to the Commission for final approval.
7. Other than those games as authorized by statute, bingo does not include a game whereby the player contributes to a pot and if such player wins a bingo game on a predetermined number that person wins, in addition to the regular prize, the contents of the pot. No other type game or raffle in which a person makes any wager on the chance of winning any prize may be offered or held in connection with the authorized bingo games as described in this section. Violation of this subsection may result in suspension and/or revocation of the charitable organization's bingo license.
(g) "Bingo location" means the place or places where a charitable organization licensed by the Mississippi Gaming Commission has been approved to hold, operate or conduct bingo games.
(h) "Bingo supervisor" means the person designated to supervise all activities, be responsible for the conduct of all games of a particular session of bingo and may enter into agreements with manufacturers, distributors and operators on behalf of the charitable organization. A bingo supervisor or alternate supervisor shall be designated for every session of bingo held by a licensed charitable organization.
(i) "Chairman" means the Chairman of the Mississippi Gaming Commission.
(j) "Charitable bingo supplies" means any supplies (except raffle tickets), equipment, device, goods or wares intended for use in the conducting of any charitable bingo provided by law. It includes, but is not limited to, the receptacle and numbered objects to be drawn from it, the master board upon which the objects drawn are placed, the cards or sheets bearing numbers or other designations to be covered, the boards or signs, however operated, used to announce or display the number or designation as they are drawn, and all other articles essential to the operation, conducting and playing of bingo or pull-tabs. It also includes any computer system, software or cash register designed for the primary purpose of accounting for and reporting the transactions involved in the selling of share or shares to participate in charitable bingo. Bingo game sets commonly manufactured and sold as children's games for a retail price of twenty dollars or less shall be presumed not to be bingo equipment for these purposes unless used by a licensee in the licensee's bingo activity.
(k) "Charitable limited license" means a special license for the conducting of limited fund-raising bingo games for the benefit of a person, family or group of persons who, because of circumstances which cause a financial crisis of an emergency nature, are in need of immediate fund-raising relief.
(l) "Charitable Organization" means:
1. Any nonprofit organization domiciled in this state that is tax exempt under Section 501 (c) or (d) of the United States Internal Revenue Code and which has on file with the Commission either a tax exemption letter issued by the United States Internal Revenue Services, or a certified copy of its application for such tax exempt status if the Commission determines that the organization is likely to be granted the tax exempt status, and is:
i. Any chapter or post domiciled in this state of a nationally chartered organization whose membership is composed of former members of the military forces of the United States of America or whose membership is composed of members of the Merchant Marine Veterans Association;
ii. Any nonprofit civic, educational, wildlife conservation organization or religious organization domiciled in this state. If an organization which has on file with the Commission a certified copy of its applications for a tax exemption under Section 501 (c) or (d) of the U. S. Internal Revenue Code is not granted the exemption within twelve (12) months from the date of such application, the organization's license shall be subject to revocation pursuant to Section 97-33-61. 2. Any senior citizen recreation club, which is defined as an organization sanctioned by the local council on aging and composed of members age sixty (60) years or older, the sole function of which is to provide amusement and diversion for its members.

Any organization that does not meet the standards stated above, may petition the Commission for a charitable limited license.

(m) "Commercial lessor" means any person or other entity, other than a bona fide nonprofit organization licensed to conduct charitable bingo games, who leases any building, structure, or premises to organizations licensed to conduct charitable bingo games.
(n) "Commission" means the Mississippi Gaming Commission.
(o) "Contact Person" means the individual designated by the charitable organization to interface with the Commission.
(p) "Distributor" means any person or other entity who sells, offers for sale, or otherwise furnishes to any licensed charitable organizations or operators, gaming supplies or equipment for use in the conducting of a bingo game.
(q) "Electronic Bingo Card Dauber" means an electronic device or apparatus used by a bingo player to monitor bingo cards purchased at the time and place of a licensed charitable organization's bingo session, and which:
1. Provides a means for numbers announced by a bingo caller to be input to a bingo players cards;
2. Compares the numbers input to the numbers contained on bingo cards previously stored in the electronic database of the device;
3. Identifies winning bingo patterns; and
4. Signals only the bingo player when a winner bingo pattern is achieved.
(r) "Executive Director" means the executive director of the Mississippi Gaming Commission.
(s) "Expenses" means ordinary, necessary and reasonable costs incurred in preparation for, or in the conduct of, the bingo operation. It does not include childcare or babysitting services, door prizes or promotional items given to participants, or transportation charges for participants.
(t) "Gross Receipts" means all revenue received from bingo operations.
(u) "Licensee" means any organization licensed by the Commission to conduct charitable bingo, or licensed as a manufacturer, distributor, or operator of supplies or equipment.
(v) "Manufacturer" means any person or other entity who manufactures for sale, offers for sale, or otherwise furnishes, any gaming supplies or equipment for use in the conducting of a bingo game. A manufacturer can only sell to licensed distributors and licensed operators.
(w) "Net proceeds" means the gross amount collected from participants less the actual prizes or innings paid, less the actual cost or expenses of conducting the bingo game, less any administrative penalties imposed by any state agency against the charitable organization, and less any other expense authorized under the Charitable Bingo Law or any rule promulgated thereunder.

In determining "net proceeds" for manual pull-tabs see 13 Miss. Admin. Code Pt. 11, R. 2.1(b).

(x) "Operator" means a person or other entity who leases to the charitable organization an electronic facsimile pull-tab device or labor saving device as described in Section 97-33-53. An operator's license will also be issued to those persons or entities which repair and/or service electronic pull-tab devices. This person or entity may not be engaged in any other form of bingo operations, including but not limited to, being a distributor, manufacturer, or commercial lessor.
(y) "Participant" means a patron of a bingo establishment who participates in a bingo game.
(z) "Pay-out" means the number of credits won by a player in a video game, whether used to play additional games or collected on a ticket voucher, in proportion to the amount of cash and credit wagered.
(aa) "Prize Pay-out" means the total amount paid to one or multiple winners of any one bingo game, pull-tab, or electronic pull-tab winner.
(bb) "Pull-tabs" means single or banded tickets or cards each with its face covered to conceal one or more numbers or symbols, where one or more cards or tickets in each set have been designed in advance as winners. "Pull-tabs" shall also mean any device for dispensing pull-tabs or any electronic video finite pull-tab device approved under these rules. "Pull-tabs" shall also mean any progressive pull-tabs whereby the progressive pull-tab jackpot must be established only through the play of deals bearing a licensed manufacturer's form number where each jackpot must use the identical form number for each deal contributing to the prize jackpot. The amount dedicated to the progressive jackpot must be predetermined by the manufacturer and built into the payout structure for the game. The dedicated amount must be printed by the manufacturer on either the flare for each game or on each ticket in each game.
(cc) "Pull-tab set or deal" means any form, series or group of pull-tabs having the same serial number. In the case of an electronic video pull-tab device, a deal shall consist of four equivalent sets of pull-tabs, each set being identical to the other three, except as specified herein.
(dd) "Reasonable Market Rental Rate" is that rate at which similar facilities or equipment available for similar purposes in the community may be leased or rented.
(ee) "Session" means any five (5) hour time period within one day. A bingo location may hold no more than two (2) sessions in one day or more than eight (8) sessions in one week. A bingo location who holds only one (1) session per week may conduct one six (6) hour session. A day means a period of time of 24 hours from midnight to midnight. A week means that period of time from 12:01 a.m. Monday, through midnight the following Sunday. The session begins when the first ball is called, or when the first pull-tab is sold, or when play is activated on the electronic pull-tab devices, whichever comes first. The session will end at midnight, or when the last ball is called, the last pull-tab is sold or the electronic pull-tab devices are no longer available for play. If a bingo game extends beyond midnight, then a new session has begun on the next day. In no case may a bingo location hold more than eight (8) sessions in one week, regardless of the total number of hours played in each session. The minimum number of hours of traditional call bingo play must be:
1. For a class "a" bingo location, one (1) hour.
2. For a class "b" bingo location, one-half (1/2) hour.
3. For a class "c" bingo location, one-quarter (1/4) hour.

However, if a bingo location is operating under the eighty (80) hour exception found in 13 Miss. Admin. Code, Pt. 11, R. 3.1(b), the session begins when the first ball is called, with the same time between each ball call of the game.

(ff) "Ticket voucher" means a printed ticket tendered to the player, upon request, for any remaining credits on the electronic pull-tab device. In the case of electronic finite video pull-tabs, each set being identical to the other three, except as specified herein. The voucher is redeemable for cash. The electronic pull-tab device printer shall print a ticket voucher to the player at the completion of game play if there are any remaining credits on the game. The original ticket voucher and/or duplicate audit copy must be legible and maintained as a permanent record for three (3) years. The minimum information printed on the ticket voucher shall consist of the following: The name of the licensee, the serial number of the machine, the time of day that the ticket was printed, the date, the sequential number of the ticket voucher and the value of the prize. The printing mechanism of the electronic pull-tab device shall have a paper sensing device that will prevent play if there is no longer any paper in the printer or, in the alternative, if there is insufficient paper to print a ticket voucher or an audit copy. In the case that the machine senses "paper out," it shall void the previous cash ticket and print another upon recovery. The electronic pull-tab device must display a message when the paper is low or out on the electronic device's monitor.

13 Miss. Code. R. 10-1.1

Miss. Code Ann. §§ 97-33-53, 97-33-55, 97-33-59, and 97-33-201.
Adopted 10/21/2020