§ 195-N — Manufacturers of bell jars; reports and records

§ 195-n. Manufacturers of bell jars; reports and records. 1.\nDistribution; manufacturers. For business conducted in this state,\nmanufacturers licensed by the commission to sell bell jar tickets or\nelectronic bell jar vending machines shall sell only such tickets or\nvending machines to distributors licensed by the commission.\nManufacturers of bell jar tickets, seal cards, merchandise boards, and\ncoin boards may submit samples, artists' renderings, or color\nphotocopies of proposed bell jar tickets, seal cards, merchandise\nboards, coin boards, payout cards, and flares for review and approval by\nthe commission. Within thirty days of receipt of such sample or\nrendering, the commission shall approve or deny such bell jar tickets.\nFollowing approval of a rendering of a bell jar ticket, seal card,\nmerchandise board, or coin board by the commission, the manufacturer\nshall submit to the commission a sample of the printed bell jar ticket,\nseal card, merchandise board, coin board, payout card, and flare for\nsuch game. Such sample shall be submitted prior to the sale of the game\nto any licensed distributor for resale in this state. For coin boards\nand merchandise boards, nothing herein shall require the submittal of\nactual coins or merchandise as part of the approval process. Any\nlicensed manufacturer who willfully violates the provisions of this\nsection shall: (a) upon such first offense, have their license suspended\nfor a period of thirty days; (b) upon such second offense, participate\nin a hearing to be conducted by the commission, and surrender their\nlicense for such period as recommended by the commission; and (c) upon\nsuch third or subsequent offense, have their license suspended for a\nperiod of one year and shall be guilty of a class E felony. Any\nunlicensed manufacturer who violates the provisions of this section\nshall be guilty of a class E felony.\n 2. Bar codes. The manufacturer shall affix to the flare of each bell\njar game a bar code that provides all information prescribed by the\nboard and shall require that the bar code include the serial number of\nthe game the flare describes. A manufacturer shall also affix to the\noutside of the container or wrapping containing a deal of bell jar\ntickets a bar code providing all information prescribed by the board and\ncontaining the same information as the bar code affixed to the flare.\nThe board may also prescribe additional bar code requirements. No person\nmay alter the bar code that appears on the flare or on the outside of\nthe container or wrapping containing a deal of bell jar tickets.\nPossession of a deal of bell jar tickets that has a bar code different\nfrom the serial number of the deal inside the container or wrapping as\nevidenced on the flare is prima facie evidence that the possessor has\naltered the bar code on the container or wrapping.\n 3. Bell jar flares. (a) A manufacturer shall not ship or cause to be\nshipped into this state any deal of bell jar tickets that does not have\nits own individual flare as required for that deal by rule of the board.\nA person other than a licensed manufacturer shall not manufacture,\nalter, modify, or otherwise change a flare for a deal of bell jar\ntickets except as authorized by this article or rules and regulations\npromulgated by the board.\n (b) The flare for each deal of bell jar tickets sold by a manufacturer\nin this state shall be placed inside the wrapping of the deal which the\nflare describes.\n (c) The bar code affixed to the flare of each bell jar game shall bear\nthe serial number of such game as prescribed by the board.\n (d) The flare of each bell jar game shall have affixed a bar code that\nprovides: (1) the game code; (2) the serial number of the game; (3) the\nname of the manufacturer; and (4) other information the board by rule\nmay require. The serial number included on the bar code shall be the\nsame as the serial number of the tickets included in the deal. A\nmanufacturer who manufactures a deal of bell jar tickets shall affix to\nthe outside of the container or wrapping containing the bell jar tickets\nthe same bar code that is affixed to the flare for that deal.\n (e) No person shall alter the bar code that appears on the outside of\na container or wrapping containing a deal of bell jar tickets.\nPossession of a deal of bell jars that has a bar code different from the\nbar code of the deal inside the container or wrapping is prima facie\nevidence that the possessor has altered the bar code on the box.\n 4. Reports of sales. A manufacturer who sells bell jar tickets for\nresale in this state shall file with the commission, on a form\nprescribed by the commission a report of all bell jar tickets sold to\ndistributors in the state. The report shall be filed quarterly on or\nbefore the twentieth day of the month succeeding the end of the quarter\nin which the sale was made. The commission may require that the report\nbe submitted via magnetic media or electronic data transfer. Such report\nshall also include information regarding any electronic bell jar vending\nmachines sold or leased to a distributor licensed by the commission.\n 5. Inspection. The board may inspect the premises, books, records, and\ninventory of a manufacturer without notice during the normal business\nhours of the manufacturer.\n