§ 9-326 — License; qualified applicants

(1) Any nonprofit organization holding
a certificate of exemption under section 501(c)(3), (c)(4), (c)(5), (c)(7),
(c)(8), (c)(10), or (c)(19) of the Internal Revenue Code or any volunteer
fire company or volunteer first-aid, rescue, ambulance, or emergency squad
may apply for a license to conduct a lottery by the sale of pickle cards.
(2) Prior to applying for any license, an organization shall:
(a) Be incorporated in this state as a not-for-profit corporation
or organized in this state as a religious or not-for-profit organization.
For purposes of this subsection, a domesticated foreign corporation shall
not be considered incorporated in this state as a not-for-profit corporation;
(b) Conduct activities within this state in addition to the
conduct of lottery by the sale of pickle cards;
(c) Be authorized by its constitution, articles, charter,
or bylaws to further in this state a lawful purpose;
(d) Operate without profit to its members, and no part of
the net earnings of such organization shall inure to the benefit of any private
shareholder or individual; and
(e) With the exception of a volunteer fire company, a volunteer first-aid, rescue, ambulance, or
emergency squad, or a not-for-profit
corporation whose primary purpose is to support a volunteer fire company,
first-aid squad, rescue squad, ambulance squad, or emergency squad,
have been in existence in this state for five years immediately preceding
its application for a license and have had during that five-year period a
bona fide membership actively engaged in furthering a lawful purpose. A society
defined in section 21-608 which is chartered in Nebraska under a state, grand,
supreme, national, or other governing body may use the charter date of its
parent organization to satisfy such five-year requirement.

Legislative History

Source: Laws 1986, LB 1027, § 92; Laws 1988, LB 1232, § 24; Laws 1989, LB 767, § 32; Laws 1996, LB 1277, § 5; Laws 2002, LB 545, § 29; Laws 2012, LB979, § 1.