Current through September 17, 2024
Section 316-35-403 - UTILIZATION OF FUNDS MEMBER-RESPONSIBILITY403.01 Each licensed organization must designate and license at least one of its members 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 a least one year prior to applying for the license. 403.01A 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.403.02 The licensed utilization of funds member shall serve as chairperson, supervisor, and coordinator of the lottery or raffle activity and shall be responsible for the conduct and management of the game, including: 403.02A Coordination of the purchase and printing of the tickets;403.02B Supervising all ticket sellers;403.02C Maintaining all recordkeeping requirements;403.02D Timely completing and filing all state tax returns and any other reports that may be required;403.02E Depositing all monies received into the lottery/raffle bank account;403.02F Ensuring that all lottery/raffle gross proceeds are utilized only for allowable expenses, prizes, taxes and lawful purposes;403.02G Ensuring that all laws, rules and regulations regarding the conduct of a lottery and/or raffle are adhered to by all individuals connected with the lottery or raffle; and403.02H Ensuring that, upon proper request, all records and documents relating to the conduct of licensed lottery and raffle activity by the licensed organization are made available to the Department or its representatives.403.03 The licensed utilization of funds member shall be responsible for submitting a sample lottery or raffle ticket or a copy of such tickets to the Department. The above shall be submitted with the organization's quarterly tax return for each lottery or raffle conducted by the licensed organization during the reporting period.403.04 The licensed utilization of funds member shall maintain a list of all paid ticket sellers which shall include: 403.04A The name, complete address, and telephone number of each individual or business who is being paid for selling tickets;403.04B The compensation paid each seller; and,403.04C The ticket numbers assigned to each paid seller.403.05 The licensed utilization of funds member shall be responsible for the collection of all monies received by ticket sellers, for the collection of all of the ticket stubs from the sellers, and for collection of all tickets which are void or were not sold.403.06 The licensed utilization of funds member must be present when the winner(s) of a lottery or raffle are determined.403.07 The licensed utilization of funds member shall prepare a winners' register for each lottery or raffle. For each prize awarded, the winners' register shall include the following:403.07A The date on which the winner(s) are determined, the prize(s) awarded, and date each such prize was awarded to each winner;403.07B The name, complete address, and telephone number of each winner; and403.07C The name, complete address, and telephone number of the individual who conducted the physical drawing of winning ticket stub(s) (if applicable).403.08 If more than one individual is licensed as a utilization of funds member, each licensed utilization of funds member is jointly and severally responsible for the duties imposed by this regulation.316 Neb. Admin. Code, 35, § 403