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Bingo Chairperson Training Program To The Revised 01/19/2011! Module TWO: Licensing Your Name Here Meredith Eves 456789 09/09/2012
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Licensing Section Responsible for: Answering Inquiries & assisting in complaint investigation Transferring Equipment Registry of Workers Pre-License Interviews Also responsible for License Fees Forms Administrative Rules Issuing Licenses! Your Name Here Jack Willow 654345 April 10, 2012
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Types of Licenses Conductor Lessor Manufacturer Distributor Unit Manager System Service Provider Per HB 1474
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Conductor A non-profit organization who conducts the bingo games Other terms you’ll hear: Licensed authorized organization Conductor-lessor Lessor-conductor Charitable lessor Charitable Conductor Charity
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Lessor Persons who lease bingo premises to licensed authorized organizations for the conduct of bingo Other terms: Charitable lessor Lessor-conductor Commercial lessor Grandfathered lessor Association Big $$ Win BINGO
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Manufacturer Persons who make bingo equipment and supplies. Sells only to TX licensed distributors or other manufacturers
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Distributor Persons who sell the manufactured bingo equipment and supplies to licensed authorized organizations or other distributors Showtime Bingo Products Distributor
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Current Distributors and their Contact Information! Use the list of active distributors here to buy your bingo supplies, compare product and prices! Distributor Contact Information
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Unit Manager Persons who are responsible for the payment of prize fees and filing of the quarterly reports for an accounting unit
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The “Original” License The Very First License Issued to the Licensee By-laws Meeting minutes Proof of charitable activity & existence Membership rosters Background checks 501c documents
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License Renewal A “regular” license is renewed Annually or Bi-annually 2011-20122011-2013
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License Amendment = CHANGE Changes made during the active license term change in bingo chairperson change in license days / times change in location
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Licenses Issued in 2010 87 Originals 1,289 Renewals 742 Amendments 7,084 Temporaries A total of 9,202 licenses issued ! (Unaudited figures as of 1/19/2011)
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Conductor License Types “Regular License” Temporary License License that expires on first or second anniversary of the date of issuance. Term includes an annual license. HB 1474 New Term
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Regular License Good for up to three occasions per week. Each occasion may be up to four hours.
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Temporary License The temporary license is issued for one 4 hour bingo occasion for a specified date and time. These are commonly used for special occasions or holidays. $25.00 per occasion Or ESCROW
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Number of Temporary Licenses Permitted Regular License – 24 per license period year Regular Bi-Annual License – 24 per license period year for a total of 48 temporary licenses No Regular License – 6 per calendar year Increased by HB 1474
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Temporary License Location OPTIONS At the same playing location as a regular license. At a different playing location from the regular license. At an unlicensed playing location. Location Must – Be in the same county as organization’s primary business office or contiguous county – Be legalized for conduct of bingo by election HB 1474
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BIG CHANGE ! Rule 402.401 (Amended with effective date of 03/09/2010) REGARDING TEMPORARY LICENSES “Occasion not held. If a licensed temporary occasion is not held, the organization will forfeit any license fee paid.” CREDIT PLAN AHEAD; MONITOR YOUR BINGO OPERATION CAREFULLY!
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File Your Renewal! Temporary occasions cannot be approved whose effective date falls in a future licensing period if the renewal application has not been filed. Current license periodFuture license period TTT
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Help Us Help You! Whenever possible, use the interactive form Easy to read, easy to data-enter—less errors Look for this icon symbol for forms on the website: Reading hand-writing can be difficult and lead to data-entry errors that become part of your permanent record until discovered and corrected. ? ?
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Double Check : Use The Right Form! Section 1 – Use if playing at your annual license playing location. Section 2 – Use if playing at a location different than your annual license playing location. Regular and interactive forms on our website for your use
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BINGO OCCASION Redefines the definition of an “occasion” “a single gathering or session at which a bingo game or a series of bingo games, including the selling and redeeming pull-tab bingo tickets, are conducted on the day and at the times listed on the license issued to a licensed authorized organization”. The occasion no longer includes preparatory or concluding activities incidental to the conduct of bingo such as selling bingo paper. Citations Sec. 2001.002(6), Sec.2001.419, Rule 402.201 HB 1474
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Sec. 2001.419 BINGO OCCASION Deletes the requirement to observe a 10-minute intermission If more than one bingo occasion is conducted at the same premises on the same day: The bingo occasions must be announced separately The licensed times may not overlap Bingo cards may be sold during a bingo occasion for play during a subsequent bingo occasion that is scheduled to being at the same premises in not more than eight hours after the sale of the bingo cards for the subsequent occasion begins. Bingo paper for a bingo occasion may be sold at the licensed premises before the bingo occasion begins. Citations Sec. 2001.002(6), Sec.2001.419, Rule 402.201 Intermission HB 1474
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Limits to the Number of Occasions Per Day No more than two occasions may be conducted per day EXCEPT……. A third occasion is allowed under a temporary license provided the organization holds an annual license at that playing location. 2 3 2 3
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Coordinate All Changes in the Hall Ensure that the temporary date and times do not overlap any annual bingo occasion being held that day. Submit amendment applications at the same time as the temporary application. ? Temp The License Examiner has to be able to see the entire hall playing schedule and coordinate ALL of the changes.
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Regarding Advertising… Remember, unless the license is issued and received, it is illegal to advertise or conduct the bingo occasion. Betty’s Bingo $250 Door Prizes Bingo License Pending; Grand Opening 11-03-2012
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Amendments A regular license must be amended any time there is a change to the: – bingo occasion days and times – designated bingo chairperson – playing location – primary business location – organization’s legal name *See Administrative Rule 402.422 effective 02/10/2009 Bingo Chairperson
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Texas Application to Amend License to Conduct Bingo Amending Days/Times Only With ESCROW funds, fax will be faster!
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Amending Days/Times Only Texas Application to Amend License to Conduct Bingo Amending Days/Times Only. $10.00 fee. Once approved, application form is faxed back and should be posted next to the license.
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Texas Application to Amend a License to Conduct Charitable Bingo Used for changes to: Bingo chairperson playing location primary business office organization name Submit your current annual license for a change in playing location. ACE Acme Charity Bingo
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BINGO IN CONTIGUOUS COUNTIES! Bingo must be legal in the county May conduct bingo in contiguous county to organization’s primary business location county, or the principal residence of their chief executive officer In this picture, conductors in Travis county (red) may conduct bingo in contiguous counties (blue) of Williamson, Bastrop, Caldwell, Hays, Blanco and Burnet counties
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How can I verify “con teeg goo us” counties? There is a Texas Department of Transportation (txdot) website page that will help you! Just select the Texas County; it will show you all surrounding counties http://www.txdot.gov/travel/county_grid_search.htm
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Amending your Playing Location Enclose a copy of the meeting minutes where your organization voted to move playing locations. – must be certified as true and complete by an officer – must contain the name and/or address of the new playing location** Bingo New Home VOTE TONIGHT ! ** Administrative Rule 402.422
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Amending your Primary Business Office Where the records relating to the primary purpose of the organization are maintained. If no business office, then use the residential address of your chief executive officer. Enclose a certified copy of the meeting minutes when and where the organization voted to move. Organization’s Business Office CEO’s Residence
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Amending your Bingo Chairperson Must be an officer or director of the organization. Must be in compliance with the bingo training requirement. Administrative Rule 402.406 effective February 10, 2009
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Amending your Organization’s Name ….. a formal process Enclose the following: – Certified copy of the meeting minutes – Copy of the new organizing instruments – Copy of the correspondence sent to the IRS – Letter from parent organization, if applicable
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When amending your PLAYING LOCATION… You must: (1.) surrender your original bingo license when you are filing an amendment to change your playing location and (2.) you must make a copy of your annual license and post it until your new amended license is received. Per Section 2001.306(c) Twany Animal Shelter 78878 Smith Ave. Dickinson, TX 78777 John B. David 899 Tweeter St. Bennett, TX 76344 1443311322 09/09/2008-09/08/2009 Twany Animal Shelter 78878 Smith Ave. Dickinson, TX 78777 John B. David 899 Tweeter St. Bennett, TX 76344 1443311322 09/09/2008-09/08/2009 COPY
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Letter of Authority Issued when a license cannot be received before the requested effective date. Post in lieu of a license until the actual amended license is received. Time Crunch!
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Letter of Authority If a Letter of Authority is granted for a temporary license, no license is mailed to the organization because the date would have passed. Do not rely on a Letter of Authority being issued; plan ahead to allow sufficient time for our office to process the application and your organization to receive the license. Too Slow !
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Administrative Procedure Act (APA) Approval Letter Serves as an approval until the final disposition of a pending renewal application. APA Approval Letters should be posted at the playing location.
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Escrow Accounts The organization may submit license fees in advance to be placed in an escrow account. Indicate the purpose of the funds on the check or in an accompanying letter. Account balances may be obtained from the Bingo Services Center.
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License Fee Payments License Fee Payments should be: – Written from your bingo or unit bingo account, as applicable – Made payable to the State Comptroller
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Renewal All regular licenses must be renewed. License periods are one or two years. HB 1474 offers some license fee pay options HB 1474
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Renewal Applications The Charitable Bingo Operations Division mails renewal applications approximately 30-45 days before the end of the license term. You are responsible for filing timely. Forms must be postmarked on or before the license expiration date to avoid a penalty. You’ve got mail!....maybe! Is your address of record correct and current????? Ensure any changes are reported promptly!
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Renewal Applications You will have to pay a penalty if you file your renewal application late. I want my bingo!
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LATE Renewal of Annual License Options Past license renewal date… Up to 14 days late---license fee(LF) + 10% LF 15-28 days late---license fee + 20% 29-42 days late---license fee + 30% 43-56 days late---license fee + 40% 57-60 days late---license fee + 50% >60 days---reapply for original license You can do it, but being late costs you money!
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Renewal Applications Personalized for each organization. Changes to information may be made directly on the form. Please ensure that any previously submitted changes are reflected on your renewal application.
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License Fees License fee listed on the renewal application are estimated fees. All annual license fees are recalculated after reports are filed and the difference is credited or collected, as applicable.
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License Fee Balance Due or Credit If after the year is over and your organization has made more gross receipts than was estimated, you will owe additional license fee for that given year, shown as a LICENSE FEE BALANCE DUE on the renewal application, plus the new estimated license fee. If your actual gross receipts were less than estimated, you will have a LICENSE FEE CREDIT DUE.
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Two Year Licenses For a two year license, each year is recalculated separately but the estimated license fee is based on the most recent previous four quarters gross receipts from the date the renewal application was computer generated. The two year license fee is 2 x the estimated license fee for the four most recent quarters. Four Most Recent Quarters
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Bonds Required to secure payment of the tax on gross rentals or the fee on prizes. Ways to post a bond: – Cash Bond – Bond from a surety company chartered or authorized to do business in Texas – Certificates of Deposit – Certificates of Savings – Letters of credit from financial institutions – United States Treasury Bonds – Assignment of negotiable stocks or bonds, subject to the approval of the Commission – Other security as the commission considers sufficient
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Release of Bond or Other Security A bond can be released after two years if there has been no jeopardy determination. Written notice of release is sent to your organization when the bond is no longer required. You’ve Got Mail---your bond is no longer required!
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New Bond Required? “Jeopardy Determination” = New Bond A new bond must be posted if the organization has a jeopardy determination. The amount of bond is 3 times the highest prize fee in the four most recent quarters. A bond required under a jeopardy determination will not be released. Citation: Section 2001.511 Jeopardy Determination
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Unit Jeopardy Determinations The required security is divided equally among unit members for units with a designated agent. The required security amount must be posted by the trustee organization for units set up under a trust agreement or the unit manager.
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Administrative Hold Administrative Hold is a license status that is considered active but the organization is not currently conducting bingo. To go into Administrative Hold: – Submit your current annual license – Complete a Request for Administrative Hold Status form
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How do you come out of Administrative Hold? File a Texas Application to Amend a License to Conduct Charitable Bingo form Submit a $10.00 license fee Provide meeting minutes
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Can a licensee renew in Administrative Hold? Yes, if all of the requirements of the Bingo Enabling Act and Charitable Bingo Administrative Rules are met
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What is the cost? There is no fee to place your license on administrative hold status. To renew a license in administrative hold status, you may submit an estimated fee of $100.00 plus any prior year balance due.
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Administrative Hold CHANGE! New Requirement! If you had bingo games during the organization’s license period, there must be positive net proceeds. HB 1474
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Registry of Approved Bingo Workers Simply a list of persons who are approved to be involved in the conduct of bingo, to act as a bingo operator, bingo bookkeeper or be named the Bingo Chairperson. OK, Let’s talk about the… Full NameCity NameRegistry Number Registry Expiration Date Aaron,Ronny CMidland13164110-May-12 Abadie,Maurice SSan Antonio1228814-Dec-09 Abalos,Patrick SRound Rock10815226-May-10 Abbe,DerylTemple10786325-May-10 Abbondola,Joseph MRichmond10781125-May-10 Abbondola,Louise ARichmond1135594-Oct-10 Abbott,Kelsey LFlower Mound12577514-Oct-10 Abbott,LydiaWaco13199715-Jun-12 Abbott,Mary EAbilene1253284-Sep-10 Abdullah,Morris ANacogdoches12579114-Oct-10 Abercrombie,Claudia MOrange11551327-Feb-11 Abercrombie,Leaota EWaco13260920-Aug-12
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Registry of Approved Bingo Workers A person is unable to work or volunteer unless that person is listed on the Registry or… HB 1474 allows “Provisional Workers”
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Who Should Be Listed? Operators* Managers Cashiers Callers Ushers Salespersons Bingo Chairperson * Bookkeeper * See Admin. Rule 402.402 (amended March 9, 2010) for more information. * These individuals must be added to the license record.
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How To Be Listed Complete a Texas Application for Registry of Approved Bingo Workers Form. Pass a criminal history background investigation. Persons residing outside of Texas must also submit a verifiable FBI or DPS fingerprint card.
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New Forms ! New term….”provisionally employed”
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REGISTRY Identification Cards Once approved, a letter of notification and six registered worker identification cards are mailed. HB 1474 allows the use of “Provisional Employees” – Print ID cards off website – Good for maximum of 14 days – Annotate “Provisional Employment” – Enter date Registry paperwork was sent to Commission Jonathan F. Doe May 7, 2011 459423 Samantha P. Jones Provisional Employment October 28, 2010 Citation: Admin Rule 402.402 (effective March 9, 2010) HB1474HB1474
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“Provisional Employees” Let’s Talk About AR 402.402 ( effective 03/09/2010 ) outlines requirements. Individuals must indicate their provisional employment status and location on their Registry application. Organization must retain copy of provisional employee’s Registry application until the individual is formally added to Registry or notified of ineligibility. Provisional employees must generate and wear their identification card while on duty. April 28, 2010 Provisional Employment Jack R. Jones Instructions for Provisional Employees
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Must stop working bingo if: a Texas resident and have not been listed on the Registry within 14 days of registry application processing date. A non-Texas resident and have not been listed on the Registry within 45 days of the registry application processing date. Notified by Texas Lottery Commission that individual has been found ineligible based on background investigation. Mitigating circumstances if fingerprint cards are rejected and must be resubmitted. “Provisional Employees” Let’s Talk About
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Required on duty. Must be legible, visible, on a Commission approved form and list the individual’s name and registration number. Are not transferable – personal photo identification must be carried at all times. Additional cards are available. Registry Identification Cards KEY INSPECTION ITEM!
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Who May Not Be Listed? A person convicted of: – felony – gambling offense – criminal fraud – crime of moral turpitude If less than 10 years has passed since the end of a sentence, parole, mandatory or community supervision served for the offense. Not Listed = Not Working—paid or non-paid
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Worker Registry Listing Applicants are added to the Registry after it is determined that they are qualified. A person is listed on the Registry for three years.
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BINGO CHAIRPERSON: How does your bingo operation track the registry status of your workers so there are no scheduling hiccups or compliance issues?
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Worker Registry Renewal Renewal applications must be filed before the registrant’s expiration date but not earlier than six months. If the application isn’t filed timely, it is illegal for the worker, operator, or Bingo Chairperson to serve in that position.
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Changes to Personal Information Registered workers must report all changes to personal information within THIRTY days of the change. You may use Schedule N-3 Notice of Change for Registered Worker to notify our office. Request new identification cards if changing your name. Keep the Commission Informed!
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Notify the Commission! (of almost any changes in your bingo operations) Newly elected or designated individuals required to be named on the bingo record Notification to remove Individuals from the bingo record Changes in personal information: address, name or phone number or positions held within the organization Changes in the organization’s 501(c) exemption status or affiliation Lease agreement termination or rent amount change Organization’s contact information: telephone/fax numbers, e-mail address, contact individual, mailing address, physical address. A Few Examples: Not sure which form to use to notify? Call the Bingo Division at 1-800-246-4677
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Bingo Chairperson Training Program Module Two: Licensing
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