5-406. Persons allowed to conduct games; premises; equipment; expenses; compensation
A. A person shall not hold, operate or conduct any game of bingo under any license issued pursuant to this article unless the person has submitted affidavits as required in section 5-404 and has received prior written approval from the licensing authority. Persons seeking to replace a manager, proceeds coordinator, supervisor or assistant or to serve as an additional manager, supervisor or assistant shall submit the appropriate affidavit to the licensing authority as required in section 5-404.
B. Except as provided in section 5-413, only contractors, members and new members of a licensee or an applicant may participate or apply to participate in conducting any bingo game held by the licensee.
C. Except for a class A licensee, a person shall not hold, operate, conduct or assist in conducting any game or games of bingo under any license if the person or the person's spouse has a proprietary, equitable or credit interest, or is an officer, director, agent or employee of an individual or company that has a proprietary, equitable or credit interest, in the licensee.
D. Bookkeepers or accountants need not be members of the organization.
E. An item of expense shall not be incurred or paid in connection with holding, operating or conducting any game of bingo held, operated or conducted pursuant to any license issued under this article, except bona fide expenses in a reasonable amount for purposes described in section 5-407, subsection G. A game of bingo shall not be conducted with any equipment except equipment owned solely by the licensee or jointly by not more than six licensees. No portion of the ownership of such equipment may be held by any person or organization not licensed pursuant to this chapter. A game of bingo shall not be conducted with rented equipment. This subsection does not apply to technological aids for bingo games that function only as electronic substitutes for bingo cards or a contractor's personnel who are needed to operate technological aids prescribed in subsection X of this section.
F. An applicant or a licensee shall not enter into any purchase agreement other than a bona fide purchase agreement. The seller may repurchase equipment only on default of the buyer and then only at a price equal to or greater than ninety percent of any money paid for equipment from buyer to seller. The seller may repurchase a building only on default of the buyer at a fair market value per licensee.
G. A licensee shall not conduct or operate more than five occasions of bingo during any calendar week. Not more than twelve hours of bingo shall be conducted in any building or on any premises during any calendar day.
H. The entire net proceeds of any game shall be devoted to a lawful use or uses. In addition to other unlawful uses, the following are not considered lawful uses under this subsection:
1. Compensation and expenses of directors, officers and management personnel.
2. Fees or commissions of consultants.
3. Compensation paid for legal services incurred by a licensee unsuccessfully defending against charges of violations of this article.
4. Donations to other than national, state or local nonprofit parent organizations in excess of five percent of the net proceeds except with the permission of the licensing authority.
5. Donations or any payment from the lessor to the lessee.
I. The premises where any game of bingo is being held, operated or conducted, where it is intended that any game of bingo shall be held, operated or conducted or where it is intended that any equipment shall be used shall at all times be open to inspection by the licensing authority, its agents and employees and peace officers of any political subdivision of the state.
J. When any merchandise prize is awarded in a game of bingo, its value shall be its current retail price. A merchandise prize shall not be redeemable or convertible into cash directly or indirectly.
K. Equipment, prizes and supplies for games of bingo shall not be purchased or sold at prices in excess of one hundred fifteen percent of the average price paid by other licensees as reported in the reports submitted to the licensing authority during the prior six-month period by licensees having the same class of license. A licensee shall not enter into any contract or purchase agreement whereby it agrees to limit its source of supplies.
L. An alcoholic beverage shall not be offered or given as a prize in any such game.
M. The net profits derived from the holding of games of bingo must be devoted within one year after the date such profits were earned to the lawful purposes of the organization allowed to conduct such games. Any organization desiring to hold the net profits of games of bingo for a period longer than one year after the date such profits were earned must apply to the licensing authority for special permission and on good cause shown the authority may grant the request.
N. Any licensee that does not report during any one-year period the amount of its net profits, if any, shall be required to show cause before the licensing authority why its license to conduct games of bingo should not be revoked.
O. The licensing authority shall require a licensee that does not conduct bingo games during any one-year period to show cause why its license to conduct games of bingo should not be cancelled.
P. Except as otherwise provided by this section, a prize greater in amount or value than $1, 000 shall not be offered or given in any single game of bingo conducted under any such license, and total prizes shall not exceed an amount or value greater than $3, 000 for any occasion. Door prizes, discounts or other inducements with a value exceeding $250 per occasion shall not be offered or given away.
Q. Except for a class A licensee, on application to the licensing authority by the licensee the licensing authority may authorize one special bonus game to be played at weekly consecutive occasions with a quarterly prize limit of $12, 000. A weekly consecutive occasion is an occasion played on the same day of each week during the quarter. The special bonus game may be played at each weekly consecutive occasion subject to the rules adopted by the licensing authority. The special bonus game is not subject to the prize limits prescribed by subsection P of this section.
R. The equipment used in playing bingo and the method of play shall be such that each card shall have an equal opportunity to be a winner. The objects or balls to be drawn shall be essentially the same as to size, shape, weight, balance and all other characteristics that may influence their selection. All objects or balls shall be present in the receptacle before each game is begun. All numbers announced shall be plainly and clearly audible or visible to all the players present. Where more than one room is used for any one game, the receptacle, the person calling the numbers as they are drawn and the person removing the objects or balls from the receptacle must be present in the room where the greatest number of players is present and all numbers announced shall be plainly audible or visible to the players in that room and also audible or visible to the players in the other room or rooms. The cards or sheets of the players shall be part of a deck, group or series of cards, no two of which shall be alike and which shall not be so prepared or arranged as to prefer any card. A licensee may provide braille cards for legally blind persons or allow legally blind persons to supply their own braille cards. A legally blind person supplying the person's own cards shall pay a fee to the licensee equal to the fee that would be charged if the legally blind person obtained the cards from the licensee. The bingo game activity shall be conducted and recorded in a manner as prescribed by the licensing authority to verify the gross receipts from each occasion.
S. The receptacle, the person calling the numbers as they are drawn and the person removing the objects or balls from the receptacle must be visible to all the players at all times except where more than one room is used for any one game and subsection R of this section applies.
T. The particular arrangement of numbers required to be covered in order to win the game and the amount of the prize shall be clearly and audibly or visibly described and announced to the players immediately before each game is begun.
U. Any players shall be entitled to call for a verification of all numbers drawn at the time a winner is determined and for a verification of the objects or balls remaining in the receptacle and not yet drawn. The verification shall be made in the immediate presence of the supervisor and in full view of any player requesting the verification.
V. A person who is not physically present on the premises where the game is actually conducted shall not be allowed to participate as a player in the game.
W. A person who holds, operates or conducts, or assists in holding, operating or conducting, a game of bingo shall not play at any occasion at which such person works unless the game of bingo is conducted pursuant to a class A license.
X. The operator of a bingo game shall offer assistance to players with disabilities, subject to the following:
1. The operator of a bingo game may offer players technological aids for bingo games that function only as electronic substitutes for bingo cards and shall reserve at least two of these technological aids for use by players with disabilities. If no requests are made for the use of these technological aids within fifteen minutes after the scheduled start of a game of bingo, these reserved technological aids may be made available to any other player.
2. If the operator of a bingo game, or any other person that is involved in the conduct of a bingo game, charges players a fee for the use of technological aids for bingo games that function only as electronic substitutes for bingo cards or requires players to comply with a minimum purchase requirement for the use of these technological aids, players with disabilities may not be required to pay that fee or to comply with that minimum purchase requirement. This paragraph does not prohibit the operator of a bingo game or any other person that is involved in the conduct of a bingo game from requiring a player with a disability to comply with a minimum purchase requirement that is imposed on all players.
3. The operator of a bingo game that offers technological aids for bingo games that function only as electronic substitutes for bingo cards shall allow players with disabilities to claim prizes by presenting a printout or other evidence of a winning card.
4. The operator of a bingo game shall allow players to use a form of visual or audio signal to notify the operator of a winning pattern or bingo, which may include a flag, paddle, light, horn, bell or whistle or any other mechanical or electronic means.
5. If a player's disability restricts the player's ability to mark cards, use technological aids for bingo games that function only as electronic substitutes for bingo cards or announce bingo, the operator of a bingo game shall allow another person to assist the player with a disability in the bingo game.
6. A person with a disability who is employed by a bingo operator may use technological aids for bingo games that function only as electronic substitutes for bingo cards to properly carry out the person's job functions as those functions apply to the conduct of bingo games.
Structure Arizona Revised Statutes
Title 5 - Amusements and Sports
§ 5-102 - Arizona racing commission; members; appointment; terms
§ 5-103.01 - Prohibited activities
§ 5-104 - Arizona racing commission; director; division; powers and duties
§ 5-104.01 - Audits and special investigations; exemption
§ 5-105 - Appointment of personnel; tests; reports; detention of animals; testing facilities
§ 5-106 - Supervisor of mutuels; pari-mutuel auditors; other employees; stewards
§ 5-107.02 - Qualification for eligibility of racing meeting operator
§ 5-107.03 - Separate financial records of permittee and concessionaire; violations
§ 5-108 - Issuance of permit or license; grounds for refusal to issue; nontransferable; renewal
§ 5-108.02 - Revocation of permits; penalties
§ 5-108.04 - Restrictions on loans; exemptions
§ 5-108.05 - Revocation and suspension of licenses; probation; civil penalties; exception
§ 5-109 - Identification of animals; exemptions
§ 5-109.01 - Requirements of permittee regarding Arizona bred horses; powers of commission
§ 5-110 - Racing days, times and allocations; emergency transfer; county fairs; charity days
§ 5-111 - Wagering percentage to permittee and state; exemptions
§ 5-111.01 - Breakage; definition; tax; disposition
§ 5-111.04 - Repayment of nonapproved expenditures of capital monies; judicial review
§ 5-112.01 - Defense to a charge of false arrest
§ 5-113 - Disposition of revenues and monies; funds; committee
§ 5-113.01 - Racing regulation fund; exemption
§ 5-114 - Races exclusively for Arizona bred horses; breeders' awards; certification; fee
§ 5-115 - Violation; classification; civil penalties
§ 5-117 - Ejection or exclusion from racing meeting or racetrack enclosure; due process; rules
§ 5-118 - Authorization to own or lease new additional wagering facilities; written consent
§ 5-131 - Compact; authority to join
§ 5-222 - Application of this chapter
§ 5-224 - Division of boxing and mixed martial arts regulation; powers and duties
§ 5-225 - Regulation of boxing contests, tough man contests and mixed martial arts
§ 5-226 - Levy of tax on gross receipts; disposition; verification and financial audit; definition
§ 5-227 - Jurisdiction of commission
§ 5-228 - Persons required to procure licenses; requirements; background information; fee; bond
§ 5-229 - Promoters; licenses; bond; proof of financial responsibility
§ 5-230 - License fees; expiration; renewal
§ 5-231 - Financial interest in boxer prohibited
§ 5-234 - Attendance by peace officers; duty of chief of police or sheriff
§ 5-235.01 - Disciplinary action; grounds; civil penalty; emergency suspension; injunction
§ 5-236 - Violation; classification
§ 5-237 - Selection of referees
§ 5-238 - Sham boxing; withholding a purse
§ 5-302 - Application of chapter
§ 5-311 - Powers and duties of the commission
§ 5-321 - Numbering; registration fees; exemption from taxation; penalty; procedures
§ 5-321.01 - Staggered watercraft registration; rules
§ 5-322 - Motorized watercraft to be numbered; exceptions
§ 5-325 - Investment of temporary monies; earned interest
§ 5-326 - Nonresidents; registration; payment of fees; exemption
§ 5-327 - Nonresident boating safety infrastructure fees
§ 5-331 - Personal flotation devices; requirements; exception
§ 5-333 - Classification of watercraft; lights
§ 5-343 - Speed restrictions; excessive wake
§ 5-347 - Interference with navigation or launching areas
§ 5-348 - Dumping refuse, rubbish or debris on waterways
§ 5-349 - Watercraft casualties; violation; classification
§ 5-350 - Personal watercraft; requirements for operation; definition
§ 5-361 - Uniform navigational marking of waters; intergovernmental agreements
§ 5-371 - Boat liveries; requirements
§ 5-382 - State lake improvement fund; administration; report
§ 5-391 - Enforcement; violation; classification
§ 5-392 - Seizure and forfeiture of watercraft
§ 5-393 - Inspection for stolen watercraft; violation; classification
§ 5-395.02 - Admissibility of breath test or other records
§ 5-395.03 - Test for alcohol concentration or drug content; refusal; civil penalty
§ 5-395.04 - Preliminary breath tests; authority
§ 5-398 - Reimbursement of incarceration costs
§ 5-398.01 - Waiver of fine, surcharge or assessment
§ 5-398.02 - Records of convictions and judgments; abstract of record; reports
§ 5-399.01 - Abandoned watercraft; notice of intent to transfer ownership
§ 5-399.02 - Unclaimed watercraft; transfer of ownership; violation; classification
§ 5-399.03 - Abandoned watercraft processing rules; fees
§ 5-402 - Licensing authority; powers; duties
§ 5-403 - Qualification for license; renewal; transfer
§ 5-403.01 - License location transfers
§ 5-404 - Application for license
§ 5-405 - Form of license; display
§ 5-406 - Persons allowed to conduct games; premises; equipment; expenses; compensation
§ 5-407 - Statement of receipts; expenses; penalty
§ 5-408 - Examination of books and records
§ 5-409 - Forfeiture of license; ineligibility to apply for license; classification
§ 5-410 - Violation; classification
§ 5-411 - Credentials and authority of employees of the licensing authority
§ 5-412 - Preemption by state of bingo taxation
§ 5-413 - License classification; requirements
§ 5-415 - Excessive gross receipts; change of license class
§ 5-532 - Authorization of state lottery revenue bonds
§ 5-533 - Issuance and sale of bonds; state lottery revenue bond proceeds fund; use of bond proceeds
§ 5-534 - State lottery revenue bond debt service fund
§ 5-535 - Securing principal and interest; refunding bonds
§ 5-537 - Bond purchase; cancellation
§ 5-539 - Investment of monies; funds
§ 5-541 - Effect of changing circumstances of bonds; agreement of state
§ 5-543 - State officials to comply with agreements
§ 5-553 - Executive director; appointment
§ 5-554 - Commission; director; powers and duties; definitions
§ 5-555 - Apportionment of revenue
§ 5-556 - Powers and duties of director
§ 5-557 - Monthly reports; annual reports
§ 5-558 - Studies and investigations
§ 5-559 - Contracts; limitation; restrictions
§ 5-560 - Security operations; powers; peace officer status
§ 5-561 - Department of public safety; investigation; authority; payment
§ 5-562 - Licenses to sell tickets or shares; fee; conditions; definitions
§ 5-562.01 - Prosecution; payment of costs
§ 5-563 - Right to prize not assignable; exceptions
§ 5-564 - Sale at unauthorized price or by unauthorized persons; violation; classification
§ 5-565 - Sale of tickets or shares to underage persons; violation; classification
§ 5-565.02 - Purchase of lottery tickets or shares by minors
§ 5-566 - Alteration of lottery tickets; violation; classification
§ 5-567 - Purchase of tickets and receipt of prizes by certain persons prohibited
§ 5-568 - Disposition of unclaimed prize money
§ 5-569 - Lottery redemption agents
§ 5-570 - Award of prize to certain persons prohibited
§ 5-572 - Use of monies in state lottery fund; report
§ 5-575 - Prizes; setoff for debts to state agencies; definitions
§ 5-576 - Lottery; advertising; professional sports; prohibition
§ 5-601 - Gambling on Indian reservations; tribal-state compacts; tribal-state compact fund
§ 5-601.02 - New standard form of tribal-state gaming compact; effects
§ 5-602 - Gaming certification and enforcement; powers; duties; deputy director
§ 5-602.01 - Rules; civil penalties
§ 5-603 - Department of gaming investigators; peace officer status
§ 5-605 - Tribal-state compacts; 2021 compact trust fund; annual report; definition
§ 5-702 - Posting passenger information signs
§ 5-703 - Posting ski information signs
§ 5-704 - Additional duties of ski area operators
§ 5-705 - Duties of skiers in any action against the ski area operator
§ 5-706 - Release of liability
§ 5-802 - Formation of authority
§ 5-804 - Administrative powers and duties
§ 5-805 - Executive director; duties
§ 5-806 - Gift ban; principals and lobbyists; exemptions
§ 5-807 - Constructing and operating multipurpose facility
§ 5-808 - Major league baseball spring training facilities; local financial participation
§ 5-810 - Regulating sale, use and consumption of alcoholic beverages
§ 5-811 - Conflicts of interest; violation; classification
§ 5-813 - Disadvantaged business enterprise participation goals; contractor employment requirements
§ 5-814 - Monthly report; appearance before joint legislative budget committee
§ 5-815 - Intercollegiate football national championship and playoff games
§ 5-832 - General fund; investments
§ 5-833 - Construction account
§ 5-834 - Facility revenue clearing account
§ 5-835 - Tourism revenue clearing account
§ 5-837 - Cactus league promotion account
§ 5-838 - Youth and amateur sports facilities account; reserve
§ 5-839 - Car rental surcharge
§ 5-1132 - General fund; investments
§ 5-1133 - Excise tax on car rentals
§ 5-1134 - Excise tax on hotels and motels
§ 5-1135 - Tax on restaurants and bars
§ 5-1136 - Tax on amusements and sporting events
§ 5-1138 - Administration of tax
§ 5-1139 - Conditional reduction of district taxes
§ 5-1432 - General fund; investments
§ 5-862 - Authorization of bonds
§ 5-863 - Issuance and sale of bonds; notice
§ 5-864 - Bond proceeds subaccount
§ 5-865 - Debt service account
§ 5-866 - Securing principal and interest
§ 5-868 - Bond purchase; cancellation
§ 5-870 - Use of surplus monies
§ 5-871 - Investment of monies in the bond proceeds subaccount
§ 5-872 - Investment of monies in debt service account
§ 5-873 - Authorized investments of monies
§ 5-874 - Deposit and disbursement of monies
§ 5-876 - Effect of changing circumstances on bonds; agreement of state
§ 5-877 - Validity of bonds; legal opinion
§ 5-1162 - Obligation for the bonds
§ 5-1163 - Authorization of bonds
§ 5-1164 - Issuance and sale of bonds
§ 5-1165 - Bond proceeds account
§ 5-1166 - Debt service account
§ 5-1167 - Securing principal and interest
§ 5-1169 - Bond purchase for cancellation
§ 5-1171 - Investment of monies in the bond proceeds account
§ 5-1172 - Investment of monies in the debt service account
§ 5-1173 - Authorized investment of monies
§ 5-1174 - Deposit and disbursement of monies
§ 5-1175 - Characteristics of bonds; negotiability; legal investments; exemption from taxation
§ 5-1176 - Effect of changing circumstances on bonds; agreement of state
§ 5-1177 - Validity of bonds; legal opinion
§ 5-1462 - Obligations for the bonds
§ 5-1463 - Authorization of bonds
§ 5-1464 - Issuance and sale of bonds
§ 5-1465 - Bond proceeds account
§ 5-1466 - Debt service account
§ 5-1467 - Securing principal and interest
§ 5-1469 - Bond purchase for cancellation
§ 5-1471 - Investment of monies in the bond proceeds account
§ 5-1472 - Investment of monies in the debt service account
§ 5-1473 - Authorized investment of monies
§ 5-1474 - Deposit and disbursement of monies
§ 5-1475 - Characteristics of bonds; negotiability; legal investments; exemption from taxation
§ 5-1476 - Effect of changing circumstances on bonds; agreement of state
§ 5-1477 - Validity of bonds; legal opinion
§ 5-1102 - Formation of district; board of directors; duties
§ 5-1103 - Sports authority; establishment; authority board
§ 5-1104 - Sports authority plan; authority board powers and duties; advisory board
§ 5-1105 - Executive director; duties
§ 5-1106 - Major league baseball spring training facilities; local financial participation
§ 5-1107 - Youth sports and recreation; local financial participation
§ 5-1108 - Gift ban; exemptions
§ 5-1109 - Regulating sale, use and consumption of alcoholic beverages
§ 5-1110 - Conflicts of interest
§ 5-1112 - Quarterly report; appearance before joint legislative budget committee
§ 5-1202 - Fantasy sports contests; exceptions; rules; licensure
§ 5-1203 - Prohibited employees; procedures and controls
§ 5-1204 - Financial responsibility
§ 5-1205 - Prohibitions; exception
§ 5-1206 - Problem gambling; self-exclusion list; program; liabilities
§ 5-1207 - Department of gaming; authority
§ 5-1209 - Revocation, suspension or denial of license; grounds; definitions
§ 5-1210 - Violations; classification; penalties
§ 5-1212 - Fantasy sports contest fund
§ 5-1213 - Conditional enactment; notice
§ 5-1302 - Department of gaming; powers; duties
§ 5-1303 - Event wagering; license required; exception
§ 5-1304 - Licensure; application
§ 5-1305 - License review; approval; fees; material change; exemption; display; transferability
§ 5-1306 - License revocation; suspension; denial; grounds; definitions
§ 5-1307 - Limited event wagering operator licenses; definition
§ 5-1309 - Management services provider license
§ 5-1311 - License restrictions; prohibited licensees; violation; classification
§ 5-1314 - Event wagering authorized
§ 5-1316 - Integrity; reporting prohibited or suspicious conduct; investigations
§ 5-1317 - Sports governing body agreements
§ 5-1318 - Fees; event wagering fund
§ 5-1319 - Financial responsibility
§ 5-1320 - Problem gambling; self-exclusion list; program; liabilities
§ 5-1321 - Conditional enactment; notice
§ 5-1402 - Formation of authority
§ 5-1404 - Administrative powers and duties
§ 5-1405 - Executive director; duties
§ 5-1406 - Conflicts of interest
§ 5-1407 - Gift ban; exemption
§ 5-1408 - Regulating sale, use and consumption of alcoholic beverages
§ 5-1409 - Annual report; appearance before joint legislative budget committee