316 Neb. Admin. Code, 35, § 217

Current through September 17, 2024

Section 316-35-217 - ORGANIZATION REPORTING REQUIREMENTS

217.01 Each Class I and Class II bingo licensee must file an annual report of its bingo activities on forms supplied by the Department. In addition, each Class II bingo licensee must file a quarterly report of its bingo activities on forms supplied by the Department.

217.01A The annual report covers the licensed organization's bingo activities from July 1 to June 30 and must be filed with the Department by August 15 of each year.

217.01A(1) An annual report must be filed with the Department by August 15 of each year even if the licensed organization does not intend to renew its bingo license or does not intend to retain its bingo license for the second year of the biennial licensing period, its license renewal application has been denied, or its license has been canceled, suspended, or revoked during the reporting period. In addition, a licensed organization which has had its license renewal application denied, or its license canceled, suspended, or revoked, is also required to:

217.01A(1)(a) Submit a written disbursement plan with the Department no later than 45 days after the expiration date of its bingo license or the effective date of the license renewal application denial or license cancellation, suspension, or revocation. The plan must identify the specific purposes for which the remaining profits will be utilized, subject to approval by the Department; and

217.01A(1)(b) Continue to file a bingo revenues status report by August 15 of each year, on a form supplied by the Department, listing all disbursements of bingo revenue until all such revenues have been expended either for allowable expenses or for lawful purposes unless otherwise directed by the Department.

217.01A(2) An annual report must be filed with the Department even if the licensed organization conducted bingo for only a portion of the reporting period. For example, if the licensed organization did not begin conducting bingo until the second quarter of the reporting period, or ceased its bingo activities before the end of the reporting period, an annual report is still required.

217.01A(3) An organization's license will not be renewed unless and until complete and accurate annual reports, for all applicable reporting periods, are filed with the Department.

217.01B The quarterly reports are due 30 days after the end of the first, third, and fourth calendar quarters of each year. An annual report shall be filed in place of a quarterly report for the second calendar quarter.

217.01B(1) A quarterly report must be filed with the Department even if the licensed organization conducted bingo for only a portion of the quarterly reporting period. For example, if the licensed organization did not begin conducting bingo until the second month of the reporting period, or it ceased its bingo activities before the end of the quarter, a quarterly report is still required.

217.02 The licensed organization's utilization of funds member must ensure that a copy of the organization's annual report is submitted to the organization's membership by August 15 of each year. In addition, the utilization of funds member shall make a copy of the annual report available to any member of the licensed organization, upon request.

217.03 The annual and quarterly reports must include the following information:

217.03A The bingo gross receipts, including revenues received by the licensed organization for the sale or use of bingo cards, fees charged for admission to bingo occasions, fees charged for the use of bingo card monitoring devices, and the value of any in - kind payments;

217.03B Amounts received from the sale of bingo supplies to bingo players;

217.03C The bingo prizes paid by the licensed organization in cash and by check;

217.03D The licensed organization's cost of merchandise awarded as a bingo or promotional prize;

217.03E A breakdown of all expenses incurred by the licensed organization in connection with its bingo activities. This includes items such as compensation paid to bingo workers or any other individuals for work performed in connection with the licensed organization's bingo activities, payroll taxes, the cost of legal, bookkeeping, janitorial and security services in connection with the licensed organization's bingo activities, amounts paid for the rental or leas e of a premises to conduct bingo including furniture or fixtures, maintenance, repairs, and janitorial expenses included in the rental or lease agreement, amounts paid for the purchase, rental, or lease of bingo equipment and bingo supplies; amounts paid for utilities at the premises where bingo is conducted; bingo license fees, state bingo taxes, and advertising expenses, including the licensed organization's cost of promotional game prizes;

217.03F All other expenses incurred or income derived by the licensed organization in connection with its bingo activities, whether paid from or deposited in the licensed organization's bingo checking account or another bank account of the organization including, but not limited to, such things as overages or shortages of bingo receipts, interest earned on the bingo bank accounts, and repairs and maintenance costs not covered in a current rental or lease agreement;

217.03G The licensed organization's net profit or loss from the conduct of bingo;

217.03H A detailed summary of the licensed organization's lawful purpose use of the bingo profits including:

217.03H(1) A detailed itemization of expenditures made from the bingo checking account for internal uses of bingo profits by the licensed organization. The itemization must include the date, amount, check number, and description of the purpose for the internal expenditure;

217.03H(2) Transfers of funds made from the licensed organization's bingo checking account to the general fund of the organization and a detailed itemization of how such funds were expended for a lawful purpose;

217.03H(3) Transfers of funds made from the bingo checking account to any special funds or trust funds which are not certificates of deposit or organization savings accounts and a detailed itemization of how the funds were expended for a lawful purpose; and

217.03H(4) A detailed itemization of expenditures of external donations. The itemization shall include the name and address of the party to whom the external donation was made, the date, amount, and check number of the donation, and a description of the intended use for the donation;

217.03I A summary of the licensed organization's bingo checking account activity and of any other bingo related bank accounts, savings accounts, or certificates of deposit including:

217.03I(1) The name and complete address of the financial institution where the account is maintained and the account number and balance of the account at the beginning of the reporting period; total deposits made during the reporting period; total interest earned during the reporting period; total disbursements made during the reporting period; and the balance of the accounts at the end of the reporting period;

217.03I(2) Bingo cash and checks on hand for the beginning and ending dates of the reporting period;

217.03I(3) Deposits or transfers to the bingo checking account which are not bingo receipts, such as transfers or deposits made from the licensed organization's pickle card checking account to the bingo checking account; and

217.03I(4) Any other disbursements from the bingo checking account which are not listed as bingo prizes, bingo expenses, or lawful purpose donations;

217.03J Regarding Class II bingo licensees only, a summary of the disposable paper bingo card inventory including:

217.03J(1) A description of each disposable paper bingo card packet (e.g., 6 ON 13 UP, 18 ON 13 UP) including the color; and

217.03J(2) The beginning and ending inventory for the reporting period; the quantity purchased by the licensed organization; and the quantity sold and the selling price of each type of card or packet; and

217.03K If the licensed organization is using bingo card monitoring devices to conduct bingo, the type of device, the number of electronic facsimiles of bingo cards or packets downloaded into the devices, the number of disposable paper bingo cards or packets sold to be monitored by the devices, the licensed organization's selling price for the electronic facsimiles of bingo cards or packets and disposable paper bingo cards or packets to be monitored by the devices, the total gross receipts from the sale of electronic facsimiles of bingo cards or packets and disposable paper bingo cards or packets to be monitored by the devices and, if players are charged a separate fee for the use of a bingo card monitoring device, the number of devices used during the reporting period, the fee (if any) charged per device, and the total gross receipts from the games monitored by the devices.

217.04 The annual and quarterly reports must be signed by an officer, the utilization of funds member of the licensed organization, and the preparer of the report signifying that, under penalty of law, they have reviewed the report and, to the best of their knowledge and belief, found it to be a complete, true, and accurate accounting of the organization's bingo activities.

217.05 Each Class I and Class II bingo licensee must also file a quarterly tax return and summary of its bingo activities on forms supplied by the Department. The tax return and summary must be accompanied by the remittance of the state bingo tax as provided in Regulation 35 - 215. The quarterly tax return and accompanying bingo activity summary must contain the following information for each bingo occasion conducted during the reporting period:

217.05A The date of the bingo occasion and the number of players in attendance;

217.05B The type of occasion (i.e., regular or limited period);

217.05C The bingo gross receipts including revenues received by the licensed organization for the sale or use of bingo cards, fees charged for admission to bingo occasions, fees charged for the use of bingo card monitoring devices, and the value of any in - kind payments;

217.05D The total value of the bingo prizes awarded including prizes paid in c ash or by check and merchandise prizes. Merchandise awarded as a bingo prize must be listed at its fair market value;

217.05E The total value of promotional game prizes awarded in cash or by check and merchandise prizes. Merchandise awarded as a promotional prize must be listed at its fair market value; and

217.05F If the licensed organization uses pickle card proceeds to pay a portion of the operating expenses of conducting bingo, the gross proceeds from the sale of pickle cards at the bingo occasion.

217.06 The quarterly tax return must be signed by an officer, the utilization of funds member of the licensed organization, and the preparer of the tax return signifying that, under penalty of law, they have reviewed the return and accompanying summary and, to the best of their knowledge and belief, found them to be a complete, true, and accurate accounting of the organization's bingo activity.

316 Neb. Admin. Code, 35, § 217

Sections 9 - 202, 9 - 204, 9 - 204.01, 9 - 204.04, 9 - 211, 9 - 217, 9 - 225.01, 9 - 226, 9 - 232.02, 9 - 233, 9 - 239, 9 - 240, 9 - 255.03, 9 - 255.05, and 9 - 347, R.R.S. 2007 and section 9 - 255.04 R.S. Supp., 2009. November 6, 2010.