67-7702. DEFINITIONS. As used in this chapter:
(1) "Bingo" means the traditional game of chance played for a prize determined prior to the start of the game.
(a) Upon approval by the bingo-raffle advisory board, a licensee may offer bingo games in which players are allowed to select their own numbers if the cards used to conduct the games have controls that provide an audit trail adequate to determine all winning number combinations.
(b) Card-minding devices are prohibited. Autodaubing features are prohibited.
(c) Bingo shall not include "instant bingo," which is a game of chance played by the selection of one (1) or more prepackaged bingo cards, with the winner determined by the appearance of a preprinted winning designation on the bingo card.
(2) "Bingo-raffle advisory board" means a board of six (6) persons chosen by the governor to make advisory recommendations regarding bingo and raffle operations and regulation in Idaho.
(3) "Charitable organization" means an organization that has been in continuous existence in the county of operation of the charitable bingo game or raffle for at least one (1) year, that conducts charitable activities, and that is exempt from taxation under section 501(c)(3), 501(c)(4), 501(c)(6), 501(c)(8), 501(c)(10), 501(c)(19) or 501(d) of the Internal Revenue Code and is exempt from income taxation under title 63, Idaho Code, as a bona fide nonprofit charitable, civic, religious, fraternal, patriotic or veterans organization or as a nonprofit volunteer fire department, or as a nonprofit volunteer rescue squad, or as a nonprofit volunteer educational booster group, parent-teacher organization or association. If the organization has local branches or chapters, the term "charitable organization" means the local branch or chapter operating the bingo or raffle game.
(4) "Commission" means the Idaho state lottery commission as defined in section 67-7404, Idaho Code.
(5) "Duck race" means a charitable raffle played by releasing numbered, inanimate toys (ducks) into a body of moving water. A person who has been assigned the same number as the first duck to cross a predetermined point in the water (the finish line) is the winner. Other prizes may be awarded on the basis of the order in which the ducks cross the finish line. With the exception of determining "net proceeds," all restrictions and requirements applicable to the conduct of charitable raffles in this chapter shall also apply to the conduct of duck races.
(6) "Electronic bingo card" or "face" means an electronic facsimile of a bingo card or face, from a permutation of bingo cards formulated by a manufacturer licensed in Idaho, which is stored and/or displayed in a bingo card-monitoring device. An electronic bingo card or face is deemed to be a form of disposable paper bingo card.
(7) (a) "Electronic bingo device" means an electronic device used by a bingo player to monitor bingo cards purchased at the time and place of a licensed organization’s bingo session and that:
(i) Provides a means for bingo players to input numbers announced by a bingo caller;
(ii) Requires the player to manually enter the numbers as they are announced by a bingo caller;
(iii) Compares the numbers entered by the bingo player to the numbers contained on bingo cards previously stored in the electronic database of the device;
(iv) Identifies winning bingo patterns; and
(v) Signals only the bingo player when a winning bingo pattern is achieved.
(b) "Electronic bingo device" does not mean or include any device into which coins, currency, or tokens are inserted to activate play, or any device that is interfaced with or connected to any host system which can transmit or receive any ball call information, site system or any other type of bingo equipment once the device has been activated for use by the bingo player.
(8) "Gross revenues" means all moneys paid by players during a bingo game or session for the playing of bingo or raffle events and does not include money paid for concessions; provided that the expenses of renting electronic bingo devices from a licensed vendor and the fees collected from players for the use of electronic bingo devices must be reported separately on the organization’s annual bingo report and must be netted for purposes of determining gross revenues as follows: only fees collected from players in excess of the rental charges paid to licensed vendors will be considered to be a part of gross revenues; and if the costs of renting electronic bingo devices from a licensed vendor exceed the fees collected from players for use of electronic bingo devices, the difference will be considered an administrative expense for purposes of section 67-7709(1)(d), Idaho Code.
(9) "Host system" means the computer hardware, software and peripheral equipment of a licensed manufacturer that is used to generate and download electronic bingo cards to a licensed organization’s site system and that monitors sales and other activities of a site system.
(10) "Nonprofit organization" means an organization incorporated under chapter 30, title 30, Idaho Code.
(11) "Organization" means a charitable organization or a nonprofit organization.
(12) "Person" shall be construed to mean and include an individual, association, corporation, club, trust, estate, society, company, joint stock company, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals. "Person" shall also be construed to mean and include departments, commissions, agencies and instrumentalities of the state of Idaho, including counties and municipalities and agencies or instrumentalities thereof.
(13) "Raffle" means a game in which the prize is won by random drawing of the name or number of one (1) or more persons purchasing chances.
(14) "Session" means a period of time not to exceed eight (8) hours in any one (1) day in which players are allowed to participate in bingo games operated by a charitable or nonprofit organization.
(15) "Site system" means the computer hardware, software and peripheral equipment used by a licensed organization at the site of its bingo session that provides electronic bingo cards or bingo card monitoring devices to players, and that receipts the sale or rental of such cards and devices and generates reports relative to such sales or rentals.
(16) "Vendor" means an applicant, licensee or manufacturer, distributor or supplier, licensed or unlicensed, that furnishes or supplies bingo or raffle equipment, disposable or nondisposable cards, and any and all related gaming equipment.
History:
[67-7702, added 1993, ch. 391, sec. 2, p. 1449; am. 1994, ch. 281, sec. 1, p. 875; am. 1995, ch. 350, sec. 1, p. 1152; am. 1996, ch. 382, sec. 1, p. 1295; am. 2000, ch. 340, sec. 1, p. 1135; am. 2003, ch. 301, sec. 1, p. 827; am. 2005, ch. 259, sec. 1, p. 795; am. 2005, ch. 356, sec. 1, p. 1125; am. 2006, ch. 16, sec. 28, p. 63; am. 2008, ch. 43, sec. 1, p. 99; am. 2013, ch. 251, sec. 2, p. 610; am. 2017, ch. 58, sec. 34, p. 129.]