Or. Admin. R. 137-025-0180

Current through Register Vol. 63, No. 6, June 1, 2024

Section 137-025-0180 - Bingo Operating Limits

(1) Unless excepted by the Department, a licensee shall not operate bingo games for more than 20 hours nor more than four days in any one calendar week. However, a Class C or D licensee may operate without restriction as to number of days or hours per week if its total operations are limited to no more than 12 consecutive days during its license year. All bingo games must be conducted at a single physical location, unless the licensee holds a class B, C, or D license and qualifies to operate in up to three counties pursuant to ORS 464.360(2). No more than two bingo games may be operated simultaneously at a location. One licensee may not operate simultaneous games unless the licensee holds a class B, C, or D license and qualifies to operate in up to three counties pursuant to ORS 464.360(2). Simultaneous games occur when numbers are pulled from more than one container/blower at the same time.

(2) A licensee shall not award non-linked progressive game prizes exceeding $5,000 in value in any one game except a licensee may award prizes not to exceed $10,000 per game up to 2 times during the license year. A licensee may award an unlimited number of prizes in excess of $5,000 for authorized linked progressive bingo games. On the licensee report as provided by OAR 137-025-0140, the licensee shall record the dates(s) and amount(s) of any prizes awarded exceeding $5,000 per game which were not paid by a licensed Linked Progressive Game Bingo Escrow Agent. A licensee shall not offer a non-linked progressive game prize in excess of $5,000 unless the licensee has such funds available in an account with a financial institution or has evidence that it has purchased current insurance from a surety/insurance company providing for payment if such a prize is won by one or more of the licensee's players. Any such prize won by a player shall be paid by a corporate or cashier's check no later than the close of the second business day after the prize is won.

(3) The "operating expenses" of all bingo and raffle games, conducted by the licensee as defined in ORS 167.117(15), excluding prizes and money paid to players, shall not exceed 22.0 percent of the total of the annual handle of those games:

(a) If expenses are related to both the bingo operations and the nonbingo operations of a licensee (such as rent, utilities and employee salaries), a reasonable allocation shall be made between the bingo and nonbingo activities. Employee salaries shall be allocated based upon hours spent in bingo and nonbingo activities;

(b) All leasehold improvements and improvements to bingo facilities owned by the licensee may be reasonably amortized;

(c) No salary of an employee of the licensee shall be considered an operating expense for purposes of this subsection, if less than 20 percent of the employee's time is devoted to activities directly related to the games;

(d) Fees paid to the Department are not operating expenses for purposes of this subsection;

(e) If a licensee subleased its space or equipment to one or more additional licensees, the licensee may pro rate its rental expenses based on proportional use of the property; the pro rate shall be based on the actual hours of use by that licensee compared to the total hours of use of the other licensees.

Or. Admin. R. 137-025-0180

JD 7-1987, f. 10-30-87, ef. 1-1-88; JD 2-1993, f. 6-21-93, cert. ef. 7-1-93; DOJ 5-1998, f. 6-19-98, cert. ef. 6-20-98; DOJ 13-2001, f. 12-28-01, cert. ef. 1-1-02; DOJ 6-2004, f. 2-19-04, cert. ef. 4-1-04; DOJ 8-2004, f. & cert. ef. 5-19-04; DOJ 8-2018, amend filed 05/30/2018, effective 5/31/2018

Statutory/Other Authority: ORS 464.250(1)

Statutes/Other Implemented: HB 3009, 1997, SB 716, 2003 & HB 2358 2017