Section 316-35-204 - UTILIZATION OF FUNDS MEMBER; LICENSING REQUIREMENTS AND DUTIES204.01 Each licensed organization must have at least one of its members licensed as a utilization of funds member. To be eligible for a utilization of funds member license, an individual must have been an active and bona fide member of the organization for at least one year prior to applying for the license. 204.01A If a licensed organization can provide evidence that the one-year membership requirement will impose an undue hardship, the Department may waive such requirement. An officer of the licensed organization must provide a written explanation of the nature of the hardship with the utilization of funds member's license application.204.01B An individual may act as a utilization of funds member for more than one gaming activity of a licensed organization by paying only one licensing fee per licensing period.204.01C An individual may be licensed as a utilization of funds member for more than one licensed organization by applying for a separate license for each organization and paying a separate licensing fee for each organization.204.01D A utilization of funds member may also be designated by a licensed organization to serve as the bingo chairperson or alternate bingo chairperson; however, a utilization of funds member may not be licensed as a gaming manager for any licensed organization or hold any other type of license issued under the Nebraska Bingo Act, the Nebraska Lottery and Raffle Act, or the Nebraska Pickle Card Lottery Act.204.02 An individual is not considered to be licensed as a utilization of funds member and shall not conduct any activity for which such license is required until he or she has obtained physical possession of the printed license issued by the Department. The licensed organization shall apply for the license on a form supplied by the Department. The application shall contain, at a minimum, the following: 204.02A The name and state identification number of the licensed organization on whose behalf the individual is seeking the utilization of funds member license;204.02B The name, address, social security number, and date of birth of the individual applying for the utilization of funds member license;204.02C The date the individual became a member of the licensed organization;204.02D The signature of the individual applying for the license;204.02E A statement signed by an officer of the licensed organization indicating the organization's approval of the individual to act as the utilization of funds member on behalf of the organization; and204.02F The statutorily required license fee. Such fee may be paid by the licensed organization .204.03 The information contained in the application shall be kept current. An individual licensed as a utilization of funds member shall notify the Department within thirty (30) days of any changes to his or her most recent application filing. Changes must be reported in writing and the Department may require the filing of a new application.204.04 A utilization of funds member license shall expire as provided in Regulation 35-202.06 and may be renewed biennially. A utilization of funds member license is not transferrable.204.05 The licensed organization is not required to post the utilization of funds member's license at the premises where it conducts bingo.204.06 A utilization of funds member for an organization licensed to conduct bingo shall have the following responsibilities: 204.06A Preparation of all applications, reports, and documents filed with any governmental agency by the licensed organization in connection with its bingo activities. If the utilization of funds member is assisted in the preparation of such applications, reports, and documents by any other individual or business, the utilization of funds member shall ensure that the information contained in those reports is true, accurate, and kept up to date;204.06B Ensuring that bingo equipment and supplies purchased, rented, or leased by the licensed organization are paid for by a check written from the licensed organization's bingo checking account;204.06C In the case of a Class II bingo licensee, approving individuals to act as gaming managers for the licensed organization;204.06D With the exception of prizes, ensuring that the licensed organization pays all expenses incurred in the conduct of bingo and its bingo taxes on a timely basis, with a check drawn on the licensed organization's bingo checking account;204.06E Ensuring that his or her signature is on each check written from the licensed organization's bingo checking account. If an electronic funds transfer is utilized in lieu of a check, such transfers must be authorized by a utilization of funds member; 204.06E(1) A licensed organization may require that checks written by the utilization of funds member be co-signed by one or more parties.204.06F Ensuring that complete and accurate records of all gaming activities conducted at each bingo occasion are kept to include the date of the bingo occasion, whether it is a regular, limited period, or restricted limited period bingo occasion, the gross receipts, the bingo prizes paid, the fair market value of promotional prizes awarded, the number of players at the occasion, expenses incurred by the licensed organization relating to the bingo occasion, the taxes due and paid and, if the licensed organization will be using pickle card proceeds to pay bingo-related expenses, the gross proceeds from the sale of pickle cards at the bingo occasion;204.06G Depositing or ensuring that the bingo chairperson or gaming manager deposits all revenues derived from the conduct of all gaming activities conducted at each bingo occasion into the proper bank account of the licensed organization, and ensuring that the revenues derived from bingo are segregated from other income of the licensed organization;204.06H If bingo revenues are transferred to the licensed organization's general fund account or any other account of the licensed organization, ensuring that the transfer is done only by a check written from the bingo checking account or by an electronic funds transfer from such account, and that bingo revenues transferred in such manner are used only for a lawful purpose as defined in Regulation 35-203;204.06I Ensuring that the bingo gross receipts of the licensed organization are spent only for lawful purposes as defined in Regulation 35-203, the awarding of prizes, bingo taxes, and bingo expenses as identified in Regulation 35-214, and ensuring that all lawful purpose donations and all expenses with the exception of prizes are paid only by a check written from the licensed organization's bingo checking account; 204.06I(1) It shall be the duty of the licensed utilization of funds member to keep and maintain records sufficient to prove that bingo revenues transferred from the bingo checking account have been used only for allowable expenses and lawful purposes. 204.06J Ensuring that, upon proper request, all records and documents relating to the licensed organization's bingo activities are made available to the Department or its representatives; and204.06K If the licensed organization is also licensed to conduct a lottery by the sale of pickle cards, purchasing pickle card units on behalf of the licensed organization to be sold at its bingo occasions.204.07 An individual licensed as a utilization of funds member shall not have a substantial interest, as defined in Regulation 35-200.20, in any individual or business licensed as a manufacturer, distributor, or commercial lessor.316 Neb. Admin. Code, 35, § 204
Sections 9-202, 9-204.02, 9-207.01, 9-209, 9-209.01, 9-215, 9-225.01, 9-239, 9-240, 9-241.10, 9-255.03, 9-255.07, 9-255.09, and 9-342, R.R.S. 1997. Sections 9-214.01, 9-226, 9-232.01, 9-232.02, 9-233, 9-255.02, 9-255.04, 9-255.05, 9-255.06, and 9-331 R.S.Supp., 2002. November 12, 2002.