(1) In the playing of bingo, only persons who are physically present on the premises where the game is actually conducted may participate as players in the game.
(2) (a) A person shall not act as a caller or assistant to the caller in the conduct of any game of bingo unless the person has been a member in good standing of the bingo-raffle licensee conducting the game or one of its licensed auxiliaries for at least three months immediately prior to the date of the game, is of good moral character, and never has been convicted of a misdemeanor involving gambling or any felony.
(b) An owner, co-owner, or lessee of premises or, if a corporation is the owner of the premises, any officer, director, or stockholder owning more than ten percent of the outstanding stock must not be a person responsible for or assisting in the holding, operating, or conducting of any game of bingo.
(3) (a) The equipment used in the playing of bingo and the method of play must be such that each card has an equal opportunity to win. The objects or balls to be drawn must be essentially the same as to size, shape, weight, balance, and all other characteristics that may influence their selection. All objects or balls must be present in the receptacle before each game begins. All numbers announced must be plainly and clearly audible to all the players present. Where more than one room is used for any one game, the receptacle and the caller must be present in the room where the greatest number of players are present, and all numbers announced must be plainly audible to the players in the aforesaid room and also audible to the players in the other rooms.
The receptacle and the caller must be visible to all the players at all times exceptwhere more than one room is used for any one game, in which case subsection (3)(a) of this section applies.
The particular arrangement of numbers required to be covered in order to win thegame and the amount of the prize must be clearly and audibly described and announced to the players immediately before each game begins.
An operator shall not reserve or allow to be reserved any bingo cards for use byplayers except braille cards or other cards for use by legally blind players. A person who is legally blind may use his or her personal braille cards when a licensed organization does not provide such cards. A licensed organization may inspect and reject any personal braille card. A person who is legally blind or an individual with a disability may use a braille card or hard card in place of a purchased disposable paper bingo card.
Any player may call for a verification of all numbers drawn at the time a winner isdetermined and for a verification of the objects or balls remaining in the receptacle and not yet drawn. The verification shall be made in the immediate presence of the member designated to be in charge of the occasion, but if that member is also the caller, then in the immediate presence of any officer of the licensee.
When any merchandise prize is awarded in a game of bingo, its value is its currentretail price. A merchandise prize is not redeemable or convertible into cash directly or indirectly.
(a) Notwithstanding the limitations stated in section 24-21-617 (5), during a bingo occasion a bingo-raffle licensee may also start a single game of progressive bingo, in an amount established by rule by the licensing authority, in which the game is won when a previously designated arrangement of numbers or spaces on the card or sheet is covered within a previously designated number of objects or balls drawn. If the game is not won within the drawing of the previously designated number of objects or balls, the game must be replayed either during each subsequent occasion the licensee conducts at the same location or during each subsequent occasion that falls on the same day of the week at the same location, using the previously designated arrangement of numbers or spaces.
A bingo-raffle licensee may award a consolation prize for a game of progressivebingo. The bingo-raffle licensee determines the amount of the consolation prize. Notice of the amount must be conspicuously displayed before the beginning of the bingo-raffle occasion, and the amount is included as part of the aggregate amount of all prizes offered or given in games played on a single occasion, as set forth in subsection (5)(a) of this section. If a consolation prize is offered and the progressive prize is not won, the game continues until the previously designated arrangement of numbers or spaces on the card or sheet is covered, regardless of the number of balls drawn, in order to determine the winner of the consolation prize. If a consolation prize is not offered, the progressive game ends when the last of the previously designated number of balls is drawn and must be replayed in accordance with subsection (5)(a) of this section. If a consolation prize is offered and the progressive prize is won, the licensee may opt to award the consolation prize during that occasion. If the consolation prize is awarded, the licensee must include the total amount of the consolation prize in the total amount of any subsequent games offered in the session, not to exceed the maximum allowed for the occasion.
A bingo-raffle licensee may fund a secondary jackpot from ten percent of the grossproceeds collected from the sale of progressive cards or sheets at the occasion where the game is offered. Notwithstanding the limitation stated in subsection (5)(a) of this section, the amount in the secondary jackpot may be used to start a single game of progressive bingo after a previous progressive jackpot is won.
The licensing authority may establish by rule the maximum jackpot that may be awarded in a progressive bingo game; except that the maximum jackpot must be at least fifteen thousand dollars.
The licensing authority may establish by rule the maximum number of progressivebingo games, not less than one, that may be conducted during an occasion. In order to ensure that all prizes offered are timely awarded, the licensing authority may limit by rule the number of occasions in which a progressive bingo game may be conducted before a prize must be awarded; except that the maximum number of occasions must be at least thirty.
(6) (a) Equipment, prizes, and supplies for games of bingo must not be purchased or sold at prices in excess of the usual price thereof. A licensee shall not sell or offer for sale any game of chance, or supplies for a game of chance, that is not authorized by this part 6 or by rules adopted by the licensing authority pursuant to this part 6.
(b) Cards and sheets that are designed or intended for use with electronic devices used as aids in the game of bingo shall not be purchased or sold at prices in excess of the usual price of cards and sheets that are not designed or intended for use with electronic devices used as aids in the game of bingo. Charges imposed by any manufacturer, supplier, agent thereof, or bingoraffle licensee for cards and sheets that are designed or intended for use with electronic devices used as aids in the game of bingo shall be stated and imposed separately from any charges imposed by the manufacturer, supplier, agent thereof, or bingo-raffle licensee for the purchase, lease, or use of electronic devices used as aids in the game of bingo. Manufacturers, suppliers, and their agents shall not include costs attributable to the manufacture or distribution of electronic devices used as aids in the game of bingo in charges imposed for the purchase or lease of equipment, including cards and sheets.
(7) (a) If a card or sheet is played with the aid of an electronic device, a winning bingo may be determined and verified either by reference to the card or sheet or by reference to the electronic device. Nothing in this part 6 authorizes the playing of bingo solely by means of an electronic device.
(b) A bingo-raffle licensee shall adequately mark, destroy, or dispose of cards or sheets played with the aid of an electronic device in order to prevent the reuse of those cards or sheets. (c) The licensing authority may establish by rule the maximum number of bingo cards that a bingo player who plays using the aid of an electronic device is permitted to use with the aid of such a device per game; except that the maximum number must be at least fifty-four.
(d) A bingo-raffle licensee is not required to use or offer the use of electronic devices used as aids in the game of bingo during a bingo session.
(8) (a) With the application for a letter ruling pursuant to section 24-21-605 (1)(d) for the approval of a new type of electronic device used in the aid of bingo, the manufacturer of the device must provide the following to the licensing authority:
A prototype of the new type of electronic device used in the aid of bingo with aprototype bingo aid computer system and a user's manual used for such electronic device; and
A certification by the manufacturer that the new type of electronic device used in theaid of bingo and all such electronic devices used in the state meet the following standards:
The electronic device provides a means for the input of numbers announced by abingo caller;
The electronic device compares the numbers entered to the numbers contained onbingo cards previously stored in the electronic database of the electronic device;
The electronic device identifies winning bingo patterns; and
The electronic device signals when a winning bingo pattern is achieved.
The licensing authority shall return the prototype electronic device used in the aid ofbingo, the prototype bingo aid computer system, and the user's manual submitted pursuant to subsection (8)(a)(I) of this section no later than forty-five days after receiving the items.
When a complaint regarding an electronic device used in the aid of bingo that is inuse in the state of Colorado has been filed with the licensing authority, the manufacturer of the device shall provide to the licensing authority a sample of the device and bingo aid computer system to assist the investigation by the licensing authority. The licensing authority shall return the electronic device and bingo aid computer system no later than forty-five days after receiving them unless they are needed longer to complete the investigation.
Any electronic device used in the aid of bingo, bingo aid computer system, or user'smanual for such a device that is in the custody of the licensing authority pursuant to this section is not a public record.
(9) A bingo aid computer system used by a bingo-raffle licensee for bingo sessions must meet the following standards:
The system must contain a record of all transactions occurring during a bingo-rafflesession. The record must be retained in memory until the transactions have been totaled, printed, and cleared by the bingo-raffle licensee, regardless of whether the power supply has been interrupted.
The system must be able to compute and total all transactions processed by the system during a bingo-raffle session and to print all information required by the licensing authority, in the form prescribed by the licensing authority.
The system must maintain and control the time, date of sale, and transaction number,keeping the information secure enough that only a manufacturer's qualified personnel can change or reset the information. The manufacturer's qualified personnel shall retain a detailed record for each service call that involves a change of the time, date of sale, or transaction number.
(10) If an electronic device used as an aid in the game of bingo complies with subsections (8)(a)(II)(A) to (8)(a)(II)(D) of this section, and if the bingo aid computer system for the electronic device substantially complies with the requirements of subsection (9) of this section, the licensing authority shall approve the electronic device and computer system for use by a letter ruling pursuant to section 24-21-605 (1)(d).
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 928, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-107.1 as it existed prior to 2017.