§ 495-A — Unlawful bingo or game

§ 495-a. Unlawful bingo or game. 1. For the purposes of this section,\n"bingo" or "game" shall mean and include a specific game or chance,\ncommonly known as bingo or lotto, in which prizes are awarded on the\nbasis of designated numbers or symbols on a card conforming to numbers\nor symbols selected at random, whether or not a person who participates\nas a player furnishes something of value for the opportunity to\nparticipate.\n 2. Any person, firm, partnership, association, corporation or\norganization holding, operating, or conducting bingo or a game is guilty\nof a misdemeanor, except when operating, holding or conducting:\n (a) In accordance with a valid license issued pursuant to this\narticle; or\n (b) (i) Within a municipality that has authorized the conduct of bingo\ngames by authorized organizations:\n (A) within the confines of a home for purposes of amusement or\nrecreation where (I) no player or other person furnishes anything of\nvalue for the opportunity to participate, and (II) the prizes awarded or\nto be awarded are nominal.\n (B) within any apartment, condominium or cooperative complex,\nretirement community, or other group residential complex or facility\nwhere (I) sponsored by the operator of or an association related to such\ncomplex, community or facility, (II) such games are conducted solely for\nthe purpose of amusement and recreation of its residents, (III) no\nplayer or other person furnishes anything of value for the opportunity\nto participate, (IV) the value of the prizes shall not exceed ten\ndollars for any one game or a total of one hundred fifty dollars in any\ncalendar day, (V) such games are not conducted on more than one day per\nweek and not more than thirty times during any calendar year, and (VI)\nno person other than an employee or volunteer of such complex, community\nor facility conducts or assists in conducting the game or games.\n (C) on behalf of any bona fide social, charitable, educational,\nrecreational, fraternal, religious, not-for-profit or age group\norganization, club or association solely for the purpose of amusement\nand recreation of its members or beneficiaries where (I) no player or\nother person furnishes anything of value for the opportunity to\nparticipate, (II) the value of the prizes shall not exceed ten dollars\nfor any one game or a total of one hundred fifty dollars in any calendar\nday, (III) such games are not conducted on more than one day per week\nand not more than thirty times during any calendar year, (IV) no person\nother than a bona fide active member of the organization, club or\nassociation participates in the conduct of the games, and (V) no person\nis paid for conducting or assisting in the conduct of the game or games.\n (D) as a hotel's, motel's, recreational or entertainment facility's or\ncommon carrier's social activity solely for the purpose of amusement and\nrecreation of its patrons where (I) no player or other person furnishes\nanything of value for the opportunity to participate, (II) the value of\nthe prizes shall not exceed ten dollars for any one game or a total of\none hundred fifty dollars in any calendar day, (III) such games are not\nconducted on more than fifteen days during any calendar year, (IV) no\nperson other than an employee or volunteer conducts or assists in\nconducting the game or games, and (V) the game or games are not\nconducted in the same room where alcoholic beverages are sold.\n (ii) The control commission and the governing body of the municipality\nin which bingo games are conducted pursuant to this paragraph shall have\nthe authority to regulate the conduct of such games. Any bingo game or\ngames, in which no participant or other person furnishes anything of\nvalue for the opportunity to participate, which is operated in violation\nof this paragraph, a civil penalty of not more than one hundred dollars\nmay be imposed for the first such violation, a civil penalty of not more\nthan one hundred fifty dollars may be imposed for the second such\nviolation in a period of three years, and a civil penalty of not more\nthan two hundred dollars may be imposed for the third or subsequent such\nviolation in a period of five years.\n 3. The provisions of this section shall apply to all municipalities\nwithin this state, including those municipalities where this article is\ninoperative.\n