Section 316-35-212 - PROMOTIONAL GAMES AND PRIZES; BINGO ADVERTISING; CONCESSION SALES AND ALCOHOLIC BEVERAGES212.01 In addition to conducting bingo games and awarding bingo prizes at a bingo occasion, a licensed organization may also conduct promotional games and award promotional game prizes at a bingo occasion.212.02 A promotional game means a game, scheme, or promotion conducted by a licensed organization at its bingo occasion whereby: 212.02A Participation in the promotional game is restricted to bingo players who are present at the bingo occasion;212.02B No consideration is charged to participate in the promotional game, other than that charged to play bingo;212.02C The winner of a promotional game is determined by an element of chance or by some other factor, except that a winner can not be determined by using any type of pickle card, the game of keno, a scratch - off or rub - off ticket, a promotional game ticket as authorized in section 9 - 701 of the Nebraska Revised Statutes, any type of non - telecommunication - related, player - activated electronic or electromechanical facsimile of any game of chance, or by using any type of slot machine; and212.02D The winner is present at the bingo occasion.212.03 The total fair market value of promotional game prizes for a regular bingo occasion shall not exceed $ 100.00. The total fair market value of promotional game prizes for a limited period bingo occasion shall not exceed $ 250.00 per day for each day of the limited or restricted limited period bingo. For purposes of this regulation, "day" means a calendar day. 212.03A The total fair market value of promotional game prizes shall not be included when determining the licensed organization's compliance with the statutory limitation on the value of bingo prizes which may be awarded for a single bingo game or overall at a bingo occasion.212.03B A promotional game prize shall not be used to increase the prize amount to be awarded for winning a bingo game.212.04 The licensed organization's cost of promotional game prizes is not subject to the 14 percent of bingo gross receipts limitation on bingo expenses. 212.04A Real or personal property donated to a licensed organization and awarded as a promotional game prize shall be valued at its fair market value and included in the determination of compliance with the limitation on the value of promotional game prizes which may be awarded in any single bingo game and overall at a bingo occasion. However, the value of such donated prizes shall not be recorded as a bingo expense of the licensed organization.212.05 Real or personal property awarded as a promotional game prize shall be valued at its fair market value and, once awarded, shall not be redeemable or convertible into cash directly or indirectly by the licensed organization. 212.05A A licensed organization shall have paid for in full or otherwise become the owner without lien or interest of others of all real or personal property to be awarded as a promotional prize, prior to the bingo occasion at which such prize is to be awarded.212.05B For purposes of this regulation, real estate and savings bonds are not considered merchandise prizes and must be valued at their purchase price. Merchant gift certificates are considered to be merchandise prizes and shall be valued at their face value.212.05C Bingo cards, admissions to future bingo occasions, bingo supplies, and Nebraska State Lottery tickets may be awarded as promotional game prizes. Bingo cards awarded as a promotional prize must be accounted for as required in Regulation 35 - 209.09.212.06 A licensed organization shall not reimburse players for the cost of their own transportation to a bingo occasion. A licensed organization may, however, provide players with transportation to its bingo occasion either at no charge or for a fee. All costs associated with providing transportation to bingo players shall be subject to the 14 percent of bingo gross receipts limitation on bingo expenses.212.07 Only the licensed organization conducting the bingo occasion shall be permitted to advertise such bingo occasion. The licensed organization's cost of such advertising is a bingo expense which is subject to the 14 percent of bingo gross receipts expense limitation on bingo expenses. 212.07A Unless otherwise restricted by federal law or local ordinance, a licensed organization may use any media to advertise its bingo occasion including, but not limited to, television, radio, newspaper, yellow pages, and billboards; however, no advertisement shall make reference to an aggregate value of bingo prizes exceeding $4,000.00.212.08 Concessions such as food or beverages may be served and sold at a bingo occasion provided all the profits from such concession sales are retained by the licensed organization conducting the bingo occasion. 212.08A Revenues received from concession sales shall not be commingled with bingo, pickle card, or lottery/raffle proceeds of the licensed organization or placed in any bingo, pickle card, or lottery/raffle bank account of the organization. Concession sales may be deposited in the General Fund account of the licensed organization, or any other fund or account of the organization, provided the fund or account is not used for gaming activity of the organization.212.08B A licensed organization shall not use any of the bingo receipts or proceeds derived from its other gaming activities conducted pursuant to Chapter 9 of the Nebraska Revised Statutes to support or supplement its concession activity.212.08C Concession workers are not considered to be bingo workers and shall not be paid using funds from the licensed organization's bingo activity. Concession workers, if compensated, shall not receive any compensation from bingo, pickle card, or lottery/raffle proceeds of the licensed organization.212.08D Concession workers at a bingo occasion are not required to be 18 years of age provided they are not involved with any gaming related sales of the licensed organization such as the sale of bingo cards or pickle cards.212.08E If a concession worker is involved solely with the preparation, sale and serving of food and beverages at the bingo occasion, and is not directly involved with any gaming related activity being conducted at the bingo occasion, and meets the age restriction requirements otherwise provided in these regulations, the concession worker may play bingo at a bingo occasion at which he or she is serving as a concession worker.212.09 Except as provided in Regulation 35 - 208.07A, no alcoholic beverages may be served at a premises during the conduct of a licensed bingo occasion except that alcoholic beverages may be served at a limited period bingo occasion when no one under 18 years of age is permitted to play bingo.316 Neb. Admin. Code, 35, § 212
Sections 9 - 202, 9 - 210, 9 - 214, 9 - 224, 9 - 241.06, 9 - 241.07, and 9 - 255.03, R.R.S. 1997. Sections 9 - 226, 9 - 255.02, and 9 - 255.04, R.S.Supp., 2002. November 12, 2002.