316 Neb. Admin. Code, 35, § 405

Current through September 17, 2024
Section 316-35-405 - SPECIAL PERMIT
405.01 An organization licensed to conduct a lottery and raffle may apply to the Department for a special permit to conduct one lottery and one raffle which exempts the organization from the sixty-five percent of gross proceeds prize payout requirement, the ten percent of gross proceeds allowable expense limitation, and the 18 years of age participation restriction. An applicant may apply for a lottery and raffle license and a special permit at the same time, on the same application form.
405.01A A lottery or raffle conducted under a special permit shall be exempt only from those items described above and shall otherwise be conducted pursuant to all the provisions of the Nebraska Lottery and Raffle Act and corresponding regulations.
405.02 A licensed organization may only receive one special permit per twelve-month period commencing October 1 of each year. The special permit is valid for three consecutive months. Upon the expiration date of the special permit, all tickets shall have been sold, all winners shall have been determined, and an announcement or posting of all winners shall have been made.
405.02A In the event that a lottery or raffle conducted pursuant to a special permit extends into a new twelve-month period commencing October 1, the beginning date stated on the special permit shall be the determining factor as to which twelve-month period the permit shall be attributed to.
405.02B A special permit allows a licensed organization to conduct one lottery or one raffle or both. If the organization wishes to conduct both a lottery and a raffle, both activities must be conducted and completed between the beginning date and ending date printed on the special permit.
405.02C Nothing shall prohibit an organization from awarding prizes to the winners after the expiration date of the special permit; provided, that each special lottery or raffle ticket and all promotional materials connected with the special lottery or raffle sets forth this feature of the lottery or raffle.
405.03 Once a special permit has been issued to a licensed organization, the lottery or raffle activity must be conducted between the beginning and ending dates stated on the special permit. No extension of time shall be granted within which to operate a lottery or raffle pursuant to any special permit except as provided for in Regulation 35-404.12C.
405.03A A licensed organization may request a change in the dates of a special permit which has been issued provided such request is made to the Department at least ten days prior to the beginning date of the special permit. Such request shall be made in writing and must be accompanied by the original permit issued by the Department. No additional permit fee will be required under these circumstances.
405.04 If the three month time period indicated on the special permit extends beyond the expiration date of the organization's current lottery and raffle license, the licensed organization must file a renewal application and submit the appropriate fees for a lottery and raffle license and utilization of funds member license, in order to continue the special permit activity into the next licensing period; however, the organization will not be required to apply for another special permit or to pay any additional special permit fees to continue the lottery or raffle activity currently being conducted.

316 Neb. Admin. Code, 35, § 405