Section 316-35-221 - BINGO CARD MONITORING DEVICES221.01 Bingo card monitoring devices and site system software shall be sold, rented, leased, or otherwise provided in this state only by a licensed manufacturer. Licensed manufacturers shall sell, rent, lease, or otherwise provide such equipment only to a licensed distributor.221.01A The price which a licensed manufacturer may charge a licensed distributor for the sale, rental, lease, or other use of a bingo card monitoring device, site system, or the electronic facsimiles of bingo cards downloaded to bingo card monitoring devices shall not be based upon a percentage of the bingo gross receipts of any licensed organization. 221.01B A copy of any contractual agreement between a licensed manufacturer and a licensed distributor relative to the marketing of the manufacturer's equipment in this state shall be provided to the Department.221.02 No bingo card monitoring device or site system software shall be sold, rented, leased, or otherwise provided to any individual, business, or organization in this state for use in a bingo game conducted pursuant to the Nebraska Bingo Act unless and until such device and system software have been approved by the Department. Approval of a bingo card monitoring device or site system software will be based upon conformance with the requirements contained in this regulation and testing criteria established by the Charitable Gaming Division.
221.03 A licensed manufacturer seeking approval of a bingo card monitoring device or site system software may be required to submit a prototype of the device or system software to the Department for testing and review. Pursuant to the Nebraska Bingo Act, the manufacturer shall be responsible for the actual costs of testing and examining bingo card monitoring devices and site system software. 221.03A Once approved, any subsequent hardware or software modifications must be preapproved by the Department. At the Department's discretion, such modifications may be subject to additional testing.221.04 Each bingo card monitoring device which requires a site system to download electronic facsimiles of bingo cards into the device shall have a unique identification number coded into the device's software or otherwise assigned and protected, such as by password, so that such number can only be changed by the manufacturer. Such identification number must be communicated from the device to the site system whenever the device is connected to the site system, and printed on all transaction logs, including the player's receipt. Manual input of a device identification number into the site system or on any transaction lo g or receipt is prohibited.221.05 Each bingo card monitoring device shall be programed to automatically erase all bingo cards and/or bingo card face numbers stored in the device (a) upon turning off the device after the last bingo game of the occasion has been played or upon placing the device into a charging unit, and (b) by some secondary timing method established by the manufacturer and approved by the Department. 221.06 No bingo card monitoring device shall be equipped to allow bingo players the ability to design their own bingo cards by choosing, rearranging, or placing numbers on a card.221.07 A site system shall not be able to engage in any type of sale, void, or reload transaction unless a bingo card monitoring device is connected to an d communicating with the site system.221.08 A site system supplied for use in Nebraska must have the capability to restrict no more than 72 bingo card faces per bingo game from being downloaded into any one bingo card monitoring device. 221.08A The site system must also be interfaced with a printer which produces a hard copy transaction log and a receipt for the player. All electronic facsimiles of bingo cards downloaded to bingo card monitoring devices shall comply in every respect with Section 9 - 204.01 of the Nebraska Bingo Act and Nebraska Bingo Regulation 35 - 209. In addition, the hard copy transaction log must provide the following information: 221.08A(1) The organization's name221.08A(2) The organization's Nebraska State Identification Number;221.08A(3) The date and time of each transaction;221.08A(4) The bingo card monitoring device identification number related to each transaction;221.08A(5) The price and number of bingo cards and/or packets loaded into each device; and221.08A(6) The dollar amount of the sale of bingo cards for each transaction. The site system must also produce a summary report after each bingo occasion which includes all of the information required by Regulation 35 - 221.32.
221.08B A receipting function for bingo cards must be self - contained within the site system and must record and print out, on a copy which is given to the player, the following information: 221.08B(1) The organization's name;221.08B(2) The organization's Nebraska State Identification Number;221.08B(3) The bingo occasion site (location);221.08B(4) A sequential transaction or receipt number;221.08B(5) The bingo card monitoring device identification number (Which cannot be manually entered);221.08B(6) The date and time of the transaction;221.08B(7) The total number of bingo cards purchased and the price per card or packet of electronic facsimiles of bingo cards; and221.08B(8) The series of electronic facsimiles of bingo cards.221.09 Either the site system or a bingo card monitoring device shall be able to provide the winning game patterns required for the entire bingo occasion. A printout or electronic display of the winning patterns must be available upon demand at the bingo occasion, if requested by Department personnel.221.10 If the Department detects or discovers any malfunction or problem with a bingo card monitoring device or site system that could affect the security or integrity of the bingo game, the bingo card monitoring devices, or the site system, the Department may direct the manufacturer, distributor, or licensed organization to cease providing or using the bingo card monitoring devices or site system, as applicable. The Department may require the manufacturer to correct the problem or recall the devices or system immediately upon notification by the Department to the manufacturer. Failure to take the corrective action requested may result in the seizure of the devices and/or site system. 221.10A If a manufacturer, distributor, or licensed organization detects or discovers any malfunction or problem with the bingo card monitoring devices or site system which could affect the security or integrity of the bingo game, bingo card monitoring devices, or site system, the manufacturer, distributor, or licensed organization, as applicable, shall discontinue use of the devices or site system and notify the Department by telephone by the next working day of such action and the nature of the problem detected. The Department may request further explanation in writing if deemed necessary. 221.11 A licensed distributor shall purchase, rent, lease, or otherwise obtain bingo card monitoring devices and site system software only from a manufacturer licensed by the Department. A licensed distributor shall sell, rent, lease, or otherwise provide only bingo card monitoring devices and site system software which have been approved by the Department. 221.12 A licensed distributor shall sell, rent, lease, or otherwise provide bingo card monitoring devices and site system software in this state only to an organization holding a Class I or Class II bingo license. 221.12A Bingo card monitoring devices and site system software shall not be sold, rented, leased, or otherwise provided to a licensed commercial lessor or special event bingo permittee.221.13 Before the initial use of any bingo card monitoring devices or site system software by a licensed organization, the licensed distributor must notify the Department in writing of the sale, rental, lease, providing, and/or installation of any such devices or software. Such notification shall include: 221.13A The complete name and address of the licensed organization and its state identification number;221.13B The type of equipment (including serial numbers) sold, rented, leased, provided, or installed;221.13C The expected start - up date for use of the equipment by the licensed organization; and A copy of the sale/purchase, rental, or lease agreement between the licensed distributor and the licensed organization for the equipment. Such agreement shall be in writing and shall not be based upon a percentage of the licensed organization's bingo gross receipts. All sale/purchase, rental and lease agreements shall be subject to approval by the Department.
221.14 The licensed distributor shall serve as the initial contact for the licensed organization with respect to requests for installation, service, maintenance, or repair of bingo card monitoring devices and site systems, and for the ordering of the electronic facsimiles of bingo cards to be downloaded to the organization's site system, if applicable. The distributor may, as needed, enlist the aid of the licensed manufacturer in providing service, repair, or maintenance of the devices or site system. 221.14A A licensed manufacturer may, with Departmental approval, authorize or subcontract with an individual or business to service, maintain, or repair bingo card monitoring devices and/or site systems; however, the ultimate liability for such service, maintenance, or repair shall be solely that of the licensed manufacturer.221.15 The licensed distributor shall invoice the licensed organization and collect any and all payments for the sale of electronic facsimiles of bingo cards, and the sale, rental, lease, or other use of bingo card monitoring devices and site systems. 221.15A The distributor may, at its discretion, allow the licensed manufacturer to generate the invoice; however, all payments by the licensed organization must be remitted directly to the distributor. The licensed distributor must insure that its name, complete address, and telephone number appear on the invoice as well as the name, complete address, and state identification number of the licensed organization. 221.16 Bingo card monitoring devices and site systems may be transported by a licensed distributor, gaming manager, bingo chairperson, or alternate bingo chairperson from one premises to another for use by more than one licensed organization. 221.17 A licensed organization shall purchase, rent, lease, or otherwise obtain bingo card monitoring devices and site system software only from a Nebraska licensed distributor. 221.17A A licensed organization may obtain computer terminals and/or printers to be used in conjunction with its site system software from any source.221.18 Bingo card monitoring devices shall be rented, leased, or otherwise provided to bingo players only by the licensed organization conducting the bingo occasion, and only at the time and place of the bingo occasion. A bingo player using a bingo card monitoring device must be physically present on the premises during the time of the bingo occasion in order to be eligible to play bingo or win any bingo prize. 221.18A The use of a player - owned bingo card monitoring device at a bingo occasion conducted pursuant to the Nebraska Bingo Act is prohibited. A player may utilize only a bingo card monitoring device which has been obtained from the licensed organization conducting the bingo occasion.221.19 Bingo card monitoring devices shall be made available to players on a first - come, first - serve basis. No device may be reserved for any player, except that a device may be reserved for any player with a disability that would restrict his or her ability to mark cards and where such disability is consistent with definitions set forth in the Americans with Disabilities Act. 221.19A Regardless of the number of bingo card monitoring devices made available for play, at least one device shall be reserved by the licensed organization as a back - up device, in the event a device in play malfunctions.221.20 No bingo player shall be allowed to utilize more than one bingo card monitoring device at any time during a bingo occasion. 221.20A A licensed organization may, at its discretion, allow two or more players to share the same bingo card monitoring device provided the device is not loaded with more than 72 bingo card faces per bingo game.221.20B A licensed organization may establish a house rule prohibiting the sharing of a single bingo card monitoring device by more than one player.221.21 No person shall be permitted to load a bingo card monitoring device with more than 72 bingo card faces per game. No bingo player shall be permitted to use a bingo card monitoring device to monitor more than 72 bingo cards per game. A bingo card monitoring device cannot be used to monitor hard bingo cards or shutter cards. A bingo card monitoring device may only be used to monitor electronic facsimiles of bingo cards or disposable paper bingo cards.221.22 A licensed organization shall not permit a bingo player to choose or reject any bingo cards which are sold in conjunction with a bingo card monitoring device.221.23 At the licensed organization's discretion, a bingo player may, in addition to the maximum 72 bingo cards per game which he or she purchases to monitor with a bingo card monitoring device, purchase additional bingo cards to play without the aid of a bingo card monitoring device. 221.23A The type of additional bingo cards which can be sold to players shall be determined by the class of bingo license held by the licensed organization conducting the bingo occasion. 221.23A(1) Class II bingo licensees may sell only disposable paper bingo cards as additional cards to be played without the assistance of a bingo card monitoring device.221.23A(2) Class I bingo licensees may sell either disposable paper bingo cards, hard cards, or shutter cards as additional cards to be played without the assistance of a bingo card monitoring device.221.24 Only a bingo worker of the licensed organization shall download electronic facsimiles of bingo cards into a bingo card monitoring device or enter disposable paper bingo card face numbers into any such device. Such downloading or entering shall be done only: 221.24A Upon payment for the cards by the player. The preloading of any cards into a bingo card monitoring device before payment is received from the player utilizing the device at the bingo occasion, is prohibited;221.24B On the premises of the licensed organization's bingo occasion; and 221.24C During the time of the bingo occasion.221.25 A licensed organization utilizing bingo card monitoring devices must clearly post a sign in the vicinity of the cashier advising players to (a) verify that the face numbers entered into the device which they are utilizing match the face numbers of the disposable paper which they have purchased, or (b) verify that the number of electronic facsimiles of bingo cards downloaded into the device corresponds to the number of cards they purchased. Such sign shall also advise the players that any errors in the entering or downloading of the bingo cards into a bingo card monitoring device must be corrected by a bingo worker before the calling of the first number of the first bingo game, and that any "bingo" achieved on a face number entered in error shall be deemed invalid. 221.26 A licensed organization utilizing bingo card monitoring devices which require a site system to download electronic facsimiles of bingo cards into bingo card monitoring devices must ensure that the bingo cards downloaded to bingo card monitoring devices are of a different series than any disposable paper bingo cards sold for play with or without the use of bingo card monitoring devices, in order to avoid duplication of faces in play. 221.27 A licensed organization utilizing bingo card monitoring devices which are used in conjunction with disposable paper bingo cards which are NOT printed by a site system must ensure that the disposable paper bingo cards used with such devices are of a unique color, either by screen face or by border, and not sold by the organization for use other than with a bingo card monitoring device. In addition, the licensed organization must: 221.27A Stamp the filler sheet or last page of each disposable paper bingo card packet and each single sheet of disposable paper bingo cards with the date of the bingo occasion at which it is sold; and 221.27B Advise the player that the filler sheet must remain attached to the packet and that any "bingo" obtained on an undated packet or single sheet or packet without the filler sheet attached will not be valid.221.28 A licensed organization may, at its discretion, require a player to purchase a minimum number of electronic facsimiles of bingo cards or disposable paper bingo cards in order to utilize a bingo card monitoring device; however, the price that a licensed organization may charge a player for bingo cards used in conjunction with a bingo card monitoring device shall be the same as the price charged by the organization for bingo cards played without the use of such a device. 221.28A Both Class I and Class II bingo licensees utilizing bingo card monitoring devices which require a site system to download electronic facsimiles of bingo cards into bingo card monitoring devices shall comply with Nebraska Bingo Regulation 35 - 209.05 with respect to submitting a bingo card price structure to the Department, and reporting any subsequent changes to that structure.221.29 A licensed organization may, at its discretion, charge a separate fee to players for the use of a bingo card monitoring device; however, if an organization charges a separate fee for the use of a bingo card monitoring device: 221.29A The fee charged must be a flat fee, regardless of the number of bingo cards purchased or any other factor; 221.29B The fee must be separately stated on the cash register and bin go player's receipt;221.29C The fee shall be included in determining the bingo gross receipts; and221.29D The amount of the fee shall be subject to sales tax.221.30 The sale of all disposable paper bingo cards used in conjunction with a bingo card monitoring device, by either a Class I or Class II bingo licensee, must be receipted through a cash register. Such receipt must be displayed by each player at all times during the bingo occasion, and verified as correct and current by a bingo worker any time a "bingo" is declared by a player.221.30A Additional disposable paper bingo cards sold by a Class II bingo licensee which will not be used in conjunction with a bingo card monitoring device must be receipted as required by the Nebraska Bingo Act and accompanying regulations and, in addition, the cash register and player's receipt must identify and show the sale of additional disposable paper bingo cards separately from the disposable paper bingo cards which are sold in conjunction with a bingo card monitoring device.221.31 The numbers appearing on a bingo card identified by a bingo card monitoring device as a winning bingo card must be verified by a bingo worker at the time the winner is determined and prior to prize(s) being awarded in order to insure that the numbers on the bingo card identified in fact have been drawn from the receptacle. 221.31A The verification shall be done by a bingo worker in the immediate presence of at least one neutral player by verbally announcing either:221.31A(1) The numbers of the winning bingo pattern; or 221.31A(2) The winning bingo card's face number for entry into an electronic bingo verifier. 221.31B The bingo worker shall also verify that: 221.31B(1) The winning bingo card face number appearing on the bingo card monitoring device matches a face number of the disposable paper bingo card(s) purchased by the player to be monitored by the device (when applicable);221.31B(2) The game number on the bingo card monitoring device which has signaled a winning bingo pattern matches the number of the bingo game which was actually being played; 221.31B(3) The filler sheet or last page is attached if play is on a disposable paper bingo card packet not used in conjunction with a bingo card monitoring device, and the date of the current bingo occasion is stamped on the filler sheet or, in the case of a single sheet, on the winning single sheet;221.31B(4) The player has marked or daubed the winning pattern on the appropriate winning disposable paper bingo card (when applicable); and 221.31B(5) The serial number of the disposable paper bingo card with the winning bingo pattern matches the serial number of the disposable paper bingo cards sold by the licensed organization at that particular bingo occasion.221.32 Once the last game of the bingo occasion has been completed, the gaming manager shall print a bingo occasion summary report on the site system detailing the following information: 221.32A The organization's name221.32B The organization's Nebraska State Identification Number;221.32C The date and time of report;221.32D The total number of electronic facsimiles of bingo cards loaded for the bingo occasion;221.32E The total number and description of packets sold;221.32F The total number of voided transactions to include the dollar amount;221.32G The total number of reloaded electronic facsimiles of bingo cards; and221.32H The gross receipts or total sales for the occasion.221.33 At the conclusion of each occasion, all bingo transaction data recorded by the site system shall be copied and saved to floppy disk, tape, or other removable medium and stored at a location other than the location of the bingo occasion. Such information shall be retained for a period of not less than three years from the date of the bingo occasion.316 Neb. Admin. Code, 35, § 221
Sections 9 - 202, 9 - 207.01, 9 - 209, 9 - 224, 9 - 255.01, 9 - 255.07, 9 - 255.09, and 9 - 255.10, R.R.S. 1997. Sections 9 - 204, 9 - 204.01, 9 - 204.04, 9 - 213, 9 - 214.01, 9 - 226, 9 - 241.05, 9 - 241.10, and 9 - 255.08, R.S.Supp., 2004. September 5, 2005.