As used in this part 6, unless the context otherwise
requires:
(1) Bingo means:
(a) A strip bingo game; or
(b) A game of chance played, with or without the aid of an electronic device,
for prizes using cards or sheets containing five rows of five squares bearing
numbers, except for the center square, which is a free space. Traditional bingo also
requires that the letters B I N G O appear in order over each column. The holder of
a card or sheet matches the numbers on such card or sheet to numbers randomly
drawn. The game is won when a previously designated arrangement of numbers on
such card or sheet is covered.
(2) Bingo aid computer system means a computer system that interfaces
with and controls the use of electronic devices used as aids in the game of bingo.
(3) Bingo-raffle licensee means any qualified organization to which a
bingo-raffle license has been issued by the licensing authority.
(4) Bingo-raffle manufacturer means a person, other than a bingo-raffle
licensee, who makes, assembles, produces, or otherwise prepares pull tabs, bingo
cards or sheets, electronic devices used as aids in the game of bingo, or other
equipment or parts thereof for games of chance. Bingo-raffle manufacturer does
not include a person who prints raffle tickets, other than pull tabs, for and at the
request of a bingo-raffle licensee.
(5) Bingo-raffle supplier means a person, other than a bingo-raffle
licensee, who sells, distributes, or otherwise furnishes pull tabs, bingo cards or
sheets, electronic devices used as aids in the game of bingo, or other games of
chance equipment. Bingo-raffle supplier does not include a person who prints
raffle tickets, other than pull tabs, for and at the request of a bingo-raffle licensee.
(5.5) Repealed.
(6) Board means the Colorado charitable gaming board created in section
24-21-630.
(7) Card means either a disposable and nonreusable paper bingo card
identified by color, serial number, and card number, or a reusable bingo card
intended for repeated use, including but not limited to a hard card or shutter card.
Card does not include an electronic representation or electronic image of a bingo
card.
(8) Charitable gaming means bingo, pull tab games, and raffles.
(9) Charitable organization means any organization, not for pecuniary
profit, that is operated for the relief of poverty, distress, or other condition of public
concern within this state and that has been so engaged for five years prior to
making application for a license under this part 6.
(10) Chartered branch or lodge or chapter of a national or state
organization means any such branch or lodge or chapter that is a civic or service
organization, not for pecuniary profit, and authorized by its written constitution,
charter, articles of incorporation, or bylaws to engage in a fraternal, civic, or service
purpose within this state and that has been so engaged for five years prior to
making application for a license under this part 6.
(11) Commercial bingo facility means premises rented by a bingo-raffle
licensee for the purpose of conducting games of chance.
(12) Commercial landlord means any person renting or offering to rent a
commercial bingo facility to any bingo-raffle licensee.
(13) Deal means each separate package or series of packages of pull tabs
with the same name, form number, and serial number.
(14) Dues-paying membership means those members of an organization
who pay regular monthly, annual, or other periodic dues or who are excused from
paying such dues by the bylaws, articles of incorporation, or charter of the
organization and those who contribute voluntarily to the corporation or organization
to which they belong for the support of such corporation or organization.
(15) Educational organization means any organization within this state, not
organized for pecuniary profit, whose primary purpose is educational in nature and
designed to develop the capabilities of individuals by instruction and that has been
in existence for five years prior to making application for a license under this part 6.
(16) Equipment means: With respect to bingo or lotto, the receptacle and
numbered objects drawn from it, the master board upon which such objects are
placed as drawn, the cards or sheets bearing numbers or other designations to be
covered and the objects used to cover them, the board or signs, however operated,
used to announce or display the numbers or designations as they are drawn, public
address system, and all other articles essential to the operation, conduct, and
playing of bingo or lotto; or, with respect to raffles, implements, devices, and
machines designed, intended, or used for the conduct of raffles and the
identification of the winning number or unit and the ticket or other evidence or right
to participate in raffles. Equipment includes electronic devices used as aids in the
game of bingo.
(17) Exempt organization means an organization:
(a) That is exempt from taxation under section 501 (c)(3) of the federal
Internal Revenue Code of 1954, as amended;
(b) Of the type commonly known as a community chest, which organizes and
carries out intensive, limited-time, and community-wide fund drive campaigns by
volunteer workers soliciting charitable contributions from a broad base of citizens
and businesses in the community with the objective of providing financial support to
other organizations that are exempt from taxation under section 501 (c)(3) of the
federal Internal Revenue Code of 1954, as amended, and that provides charitable,
educational, civic, health, or human services within the same community and that
has the further objective of minimizing the necessity for multiple, overlapping, and
competing fund drives by such recipient organizations to enable them to deliver
such services;
(c) That assists in acquiring noncash prizes donated by participating private
businesses or government agencies as an ancillary means of creating interest in a
charitable fund-raising drive held by such business or agency;
(d) That collects voluntary contributions and distributes more than eighty
percent of such contributions to other organizations that are exempt from taxation
under section 501 (c)(3) of the federal Internal Revenue Code of 1954, as
amended, and that provide charitable, educational, civic, health, or human services;
(e) On behalf of whose fund-raising drives drawings are held by participating
private businesses or government agencies, which drawings are open only to the
employees of such businesses or agencies and are not open to the general public;
(f) Whose fund-raising drives are jointly planned and managed by the
participating private businesses and government agencies; and
(g) Whose fund-raising drives include only the awarding of noncash prizes by
the participating private businesses or government agencies.
(18) Fraternal organization means any organization within this state,
including college and high school fraternities, not for pecuniary profit, that is a
branch, lodge, or chapter of a national or state organization and exists for the
common business, brotherhood, or other interests of its members and that has so
existed for five years prior to making application for a license under this part 6.
Fraternal organization also includes a graduate or alumni division or branch of a
college fraternity, which division or branch holds a charter issued by the state of
Colorado and that meets all other criteria set forth in this subsection (18). As used in
this subsection (18), fraternity includes a sorority.
(19) Game of chance means that specific kind of game of chance
commonly known as bingo or lotto in which prizes are awarded on the basis of
designated numbers or symbols on a card conforming to numbers or symbols
selected at random and that specific kind of game of chance commonly known as
raffles that is conducted by drawing for prizes or the allotment of prizes by chance,
by the selling of shares or tickets or rights to participate in such a game.
(20) Gross receipts means receipts from the sale of shares, tickets, or
rights in any manner connected with participation in a game of chance or the right
to participate therein, including any admission fee or charge, the sale of equipment
or supplies, the sale or lease of electronic devices used as aids in the game of
bingo, and all other miscellaneous receipts.
(21) Labor organization means any organization, not for pecuniary profit,
within this state that exists for the purpose, in whole or in part, of dealing with
employers concerning grievances, labor disputes, wages, rates of pay, hours of
employment, or conditions of work and that has existed for such purpose and has
been so engaged for five years prior to making application for a license under this
part 6.
(22) Landlord licensee means the holder of a current, valid commercial
landlord license.
(23) Lawful purposes means the lawful purposes of organizations
permitted to conduct games of chance, as provided in section 2 of article XVIII of
the state constitution.
(24) Lawful use means the devotion of the entire net proceeds of a game of
chance exclusively to lawful purposes.
(25) License means any license or certification issued by the licensing
authority pursuant to this part 6, including, without limitation, the certification of a
games manager pursuant to section 24-21-610.
(26) Licensed agent means an individual who holds a current, valid agent's
license for a bingo-raffle manufacturer or supplier.
(27) Licensee means the holder of any license or certification issued by the
licensing authority pursuant to this part 6. Licensee includes the former holder of
such license or certification for purposes of investigation of activities that took
place during the period in which such license or certification was effective.
(28) Licensing authority means the secretary of state or his or her duly
authorized deputy.
(29) Manufacturer's agent means an individual who represents a
manufacturer in any of its activities in connection with the presales, driver sales, or
distribution with excess stock of pull tabs, bingo cards or sheets, electronic devices
used as aids in the game of bingo, or other games of chance equipment; except
employees of commercial delivery services.
(30) Manufacturer licensee means the holder of a current, valid Colorado
manufacturer license.
(31) Member means an individual who has qualified for membership in a
qualified organization pursuant to its bylaws, articles of incorporation, charter,
rules, or other written statement.
(32) Net proceeds means the receipts less such expenses, charges, fees,
and deductions as are specifically authorized under this part 6.
(33) Occasion means a single gathering or session at which a series of
successive bingo games is played.
(34) Person means a natural person, firm, association, corporation, or other
legal entity.
(35) Premises means any room, hall, enclosure, or outdoor area used for
the purpose of playing a game of chance.
(36) Pull tab game means a type of game of chance commonly known as a
pickle, break-open, jar raffle, last sale ticket, or seal card for which tickets are
preprinted with markings distinguishing winners and nonwinners, each ticket so
made that its markings and winning or nonwinning status cannot be known or
revealed until the ticket is broken or torn apart.
(37) (a) Qualified organization means any bona fide chartered branch,
lodge, or chapter of a national or state organization or any bona fide religious,
charitable, labor, fraternal, educational, voluntary firefighters', or veterans'
organization operating without profit to its members that has been in existence
continuously for a period of five years immediately prior to the making of an
application for a license under this part 6 and that has had, during the entire five-year period, a dues-paying membership engaged in carrying out the objects of said
corporation or organization.
(b) Qualified organization includes, without limitation:
(I) A political party; and
(II) The Colorado state fair authority.
(38) Raffle means a game in which a participant buys a ticket for a chance
at a prize with the winner determined by a random method as determined by rules
of the licensing authority, or a pull tab ticket as described in subsection (36) of this
section. The term raffle does not include any activity that is authorized or
regulated by the state lottery division pursuant to article 40 of title 44 or the
Limited Gaming Act of 1991, article 30 of title 44.
(39) Religious organization means any organization, church, body of
communicants, or group, not for pecuniary profit, gathered in common membership
for mutual support and edification in piety, worship, and religious observances or a
society, not for pecuniary profit, of individuals united for religious purposes at a
definite place, which organization, church, body of communicants, group, or society
has been so gathered or united for five years prior to making application for a
license under this part 6.
(40) Sheet means a leaf of paper upon which is printed one or more
disposable bingo cards.
(40.5) Strip bingo game means a type of bingo that is played with a paper
strip card of up to five connected paper bingo faces, with each bingo face
containing a concealed grouping of preprinted symbols, free spaces, and numbers
ranging from one to seventy-five.
(41) Supplier's agent means an individual who represents a bingo-raffle
supplier in the course of the bingo-raffle supplier's presales, driver sales, or
distribution with excess bingo-supplier stock, electronic devices used as aids in the
game of bingo, or chance equipment on hand; except that the term does not include
employees of commercial delivery services.
(42) Supplier licensee means the holder of a current, valid Colorado
supplier license.
(43) Veterans' organization means any organization within this state or any
branch, lodge, or chapter of a national or state organization within this state, not for
pecuniary profit, the membership of which consists of individuals who were
members of the armed services or forces of the United States, that has been in
existence for five years prior to making application for a license under this part 6.
(44) Voluntary firefighters' organization means any organization within this
state, not for pecuniary profit, established by the state or any of its political
subdivisions that has been in existence for five years prior to making application for
a license under this part 6.