ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 51
(By Senator Fanning)
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[Originating in the Committee on the Judiciary;
reported February 21, 2003.]
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A BILL to amend and reenact sections eleven and twenty-three,
article twenty, chapter forty-seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact sections four and twenty-one, article
twenty-one of said chapter, all relating to charitable bingo
and charitable raffles; allowing game proceeds to be
transferred, by check, between raffle and bingo accounts to
offset losses; and permitting that members of licensee
organization who live in a county of another state, under
certain circumstances, may be eligible to conduct bingo and
raffle games.
Be it enacted by the Legislature of West Virginia:
That sections eleven and twenty-three, article twenty, chapter
forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that sections
four and twenty-one, article twenty-one of said chapter be amended
and reenacted, all to read as follows:
ARTICLE 20. CHARITABLE BINGO.
§47-20-11. Operator of bingo games and related concessions.
Except as provided in sections thirteen and twenty-two of this
article, only persons, as defined in section two of this article,
who are residents of this state and who are active members of the
licensee organization or its authorized auxiliary organization and
who have been active members in good standing of the licensee
organization or its authorized auxiliary for at least two years
prior to the date of filing of the application for a charitable
bingo license or the most recent filing of an application for
renewal of the license may participate in any manner in the conduct
of any bingo game or operate any concession in conjunction with a
bingo occasion:
Provided, That a member of licensee organization
who is a resident of an adjoining state and a county thereof which
also adjoins the venue county of licensee may participate in a
bingo game or other concession if that member is otherwise
qualified to do so pursuant to the provisions of this article:
Provided, however, That notwithstanding anything contained in this
article to the contrary, no individual under the age of eighteen
years may directly or indirectly participate in the conduct of a
bingo game except for junior firefighters, in accordance with the provisions of this article.
§47-20-23. Administration; rules.
(a) The tax commissioner shall administer the provisions of
this article in accordance with the provisions of chapter
twenty-nine-a of this code.
(b) The commissioner shall deny an application for a license
if he
or she finds that the issuance thereof would be in violation
of the provisions of this article.
(c) The commissioner may revoke, suspend or refuse to renew a
license if the licensee or any member of a licensee organization
has been convicted pursuant to section eighteen or nineteen of this
article and the commissioner finds that it would be in the public
interest to do so; or if the licensee has violated any of the
provisions of this article:
Provided, That before revoking or
suspending a license issued under the authority of this article,
the commissioner shall give at least ten days',
or three days for
a limited occasion or state fair license, notice to the licensee.
Notice
shall must be in writing,
shall must state the reason for
revocation or suspension and
shall must designate a time and place
when the licensee may show cause why the license should not be
revoked or suspended. Notice
shall must be sent by certified mail
to the address of the licensee or served by certified mail or by
personal or substituted service on the person who applied for the
license on behalf of the licensee. The licensee may, at the time designated for the hearing, produce evidence in its behalf and be
represented by counsel. A decision of the commissioner revoking or
suspending a license is subject to judicial review upon the appeal
of a licensee.
(d) The commissioner may suspend, revoke or refuse to renew
any license issued hereunder for a material failure to maintain the
records or file the reports required by this article if the
commissioner finds that said failure will substantially impair the
commissioner's ability to administer the provisions of this article
with regard to
said the licensee.
(e) The commissioner shall promulgate reasonable rules
and
regulations necessary to the administration of this article.
(f) The provisions of article five, chapter twenty-nine-a of
this code apply to the denial, revocation, suspension of or refusal
to renew a license hereunder.
(g) The burden of proof in any administrative or court
proceeding is on the applicant to show cause why a bingo license
should be issued or renewed and on the licensee to show cause why
its license should not be revoked or suspended.
(h) Notwithstanding any other provision of this article, the
commissioner may issue an emergency order suspending a bingo
license in the following manner:
(1) An emergency order may be issued only when the
commissioner believes that:
(A) There has been a criminal violation of this article;
(B)
Such The action is necessary to prevent a criminal
violation of this article; or
(C)
Such The action is necessary for the immediate
preservation of the public peace, health, safety, morals, good
order or general welfare.
(2) The emergency order
shall must set forth the grounds upon
which it is issued, including a statement of facts constituting the
alleged emergency necessitating
such the action. This order
shall
must be served by personal or substituted service on the licensee
or the person who applied for the license on behalf of the
licensee.
(3) The emergency order is effective immediately upon issuance
and service upon the licensee.
(4) Within five days after issuance of an emergency order, the
commissioner shall set a time and place for a hearing wherein the
licensee may appear and show cause why its license should not be
revoked.
(i) Nothing in this article shall be construed to restrict a
licensee organization from transferring game proceeds by
sequentially numbered checks from the same account between a
licensee's bingo and raffle accounts in an amount not to exceed the
amount of actual loss of the game fund receiving the transfer.
ARTICLE 21. CHARITABLE RAFFLES.
§47-21-4. Who may hold raffles; application for license; licenses not transferable.
(a) Except as provided in section three of this article, only
persons, as defined in section two of this article, who are
residents of this state and who are active members of any
charitable or public service organization which has been in
existence in this state for at least two years prior to filing an
application for a raffle license issued pursuant to section five or
six of this article may hold raffle occasions in accordance with
the provisions of this article during the time it holds a valid
license:
Provided, That a member of licensee who is a resident of
an adjoining state and a county thereof which also adjoins the
venue county of licensee may participate in conducting a raffle or
other concession if that member is otherwise qualified to do so
pursuant to the provisions of this article.
(b) Application for a raffle license
shall must be made to the
tax commissioner and
shall must be on a form supplied by him or
her. The application
shall must contain the information required
by section eight of this article and any other information which
the commissioner considers necessary. No raffle may be held and no
tickets may be sold pursuant to this article until the raffle
application has been approved by the tax commissioner and the
license has been received by the applicant:
Provided, That no
raffle occasion may be held and no raffle tickets may be sold until
a sixty-day filing period, which is that time period between the receipt of that application by the tax commissioner and the first
raffle occasion, has expired:
Provided, however, That the tax
commissioner shall send the applicant its license within five days
after the application is approved. If the sixty-day filing period
has expired and the application has not been denied and the raffle
license has not been received by the applicant, the applicant may
consider the application approved and begin to sell tickets for the
raffle or hold the raffle occasion. The tax commissioner shall
send the applicant its license within five days after the
expiration of the filing period if the application has not been
otherwise denied.
(c) For purposes of this article, any application for an
annual license or a limited occasion license received prior to the
effective date of this article is considered filed on the effective
date.
(d) No raffle license issued pursuant to this article may be
transferred.
§47-21-21. Administration; rules.
(a) The commissioner shall promulgate rules
and regulations to
administer the provisions of this article in accordance with the
provisions of chapter twenty-nine-a of this code.
(b) The commissioner shall deny an application for a license
or modification thereof if he
or she finds that the issuance
thereof would be in violation of the provisions of this article.
(c) The commissioner may revoke, suspend or refuse to renew a
license if the licensee or any member of a licensee organization
has been convicted pursuant to section eighteen or nineteen of this
article and the commissioner finds that it would be in the public
interest to do so; or if the licensee has violated any of the
provisions of this article:
Provided, That before revoking or
suspending a license issued under the authority of this article,
the commissioner shall give at least ten days,
or three days for a
limited occasion license, notice to the licensee. Notice shall be
in writing, state the reason for revocation or suspension and
designate a time and place when the licensee may show cause why the
license should not be revoked or suspended. The notice required by
this section shall be by personal or substituted service, in
accordance with the West Virginia rules of civil procedure for
trial courts of record, on the person who applied for the license
on behalf of the licensee. The licensee may, at the time
designated for the hearing, present evidence in its behalf and be
represented by counsel. A decision of the commissioner revoking or
suspending a license is subject to judicial review upon the appeal
of a licensee. Such decision shall be subject to judicial review
in the same manner as other decisions of the commissioner.
(d) The commissioner may suspend, revoke or refuse to renew
any license issued hereunder for a material failure to maintain the
records or file the reports required by this article if the commissioner finds that such failure will substantially impair the
commissioner's ability to administer the provisions of this article
with regard to such licensee.
(e) The commissioner shall promulgate reasonable rules
and
regulations necessary to the administration of this article.
(f) The provisions of article five, chapter twenty-nine-a of
this code apply to the denial, revocation, suspension of or refusal
to renew a license hereunder.
(g) The burden of proof in any administrative or court
proceeding is on the applicant to show cause why a raffle license
should be issued or renewed and on the licensee to show cause why
its license should not be revoked or suspended.
(h) Notwithstanding any other provision of this article, the
commissioner may issue an emergency order suspending a raffle
license under the following circumstances and in the following
manner:
(1) An emergency order may be issued only when the
commissioner believes that:
(i) There has been a criminal violation of this article;
(ii)
Such The action is necessary to prevent a criminal
violation of this article; or
(iii)
Such The action is necessary for the immediate
preservation of the public peace, health, safety, morals, good
order or general welfare.
(2) The emergency order
shall must set forth the grounds upon which it is issued, including a statement of facts constituting the
alleged emergency necessitating such action. This order
shall must
be served by personal or substituted service on the licensee or the
person who applied for the license on behalf of the licensee.
(3) The emergency order is effective immediately upon issuance
and service upon the licensee.
(4) Within five days after issuance of an emergency order, the
commissioner shall set a time and place for a hearing wherein the
licensee may appear and show cause why its license should not be
revoked.
(i) Nothing in this article shall be construed to restrict a
licensee organization from transferring game proceeds by
sequentially numbered checks from the same account between a
licensee's bingo and raffle accounts in an amount not to exceed the
amount of actual loss of the game fund receiving the transfer.
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