9-1,104. Contract or license applicant or holder; fingerprinting; criminal history record information check; personal history report; background investigation; facilities inspection; required; when; payment of costs; refusal to comply; effect.
(1) Any person applying for or holding a contract or license (a) as a distributor, gaming manager, or manufacturer pursuant to the Nebraska Bingo Act, (b) as a distributor, manufacturer, pickle card operator, or sales agent pursuant to the Nebraska Pickle Card Lottery Act, (c) as a lottery operator, lottery worker who is designated as a keno manager or who has authority over the verification of winning number selection by an electrically operated blower machine, manufacturer-distributor, or sales outlet location pursuant to the Nebraska County and City Lottery Act, or (d) pursuant to the State Lottery Act shall be subject to fingerprinting and a check of his or her criminal history record information maintained by the Identification Division of the Federal Bureau of Investigation through the Nebraska State Patrol for the purpose of determining whether the Department of Revenue has a basis to deny the contract or license application or to suspend, cancel, revoke, or terminate the person's contract or license. Each applicant for or party holding a license as a manufacturer, distributor, manufacturer-distributor, or lottery operator shall also submit a personal history report to the department on a form provided by the department and may be subject to a background investigation, an inspection of the applicant's or licensee's facilities, or both. If the applicant is an individual, the application shall also include the applicant's social security number.
(2)(a) If the applicant, party to the contract, or licensee is a corporation, the persons subject to such requirements shall include any officer or director of the corporation, his or her spouse, any person or entity directly or indirectly associated with such corporation in a consulting or other capacity which may impair the security, honesty, or integrity of the operation or conduct of the activities for which the application is made or contract or license is held, and, if applicable, any person or entity holding in the aggregate ten percent or more of the debt or equity of the corporation. If any person or entity holding ten percent or more of the debt or equity of the applicant, contractor, or licensee corporation is a corporation, partnership, or limited liability company, every partner of such partnership, every member of such limited liability company, every officer or director of such corporation or partnership, every person or entity holding ten percent or more of the debt or equity of such corporation, partnership, or limited liability company, and every person or entity directly or indirectly associated with such corporation, partnership, or limited liability company in a consulting or other capacity which may impair the security, honesty, or integrity of the operation or conduct of the activities for which the application is made or contract or license is held may also be subject to such requirements. If the applicant, party to the contract, or licensee is a partnership, the persons subject to such requirements shall include any partner, his or her spouse, any officer or director of the partnership, or any person or entity directly or indirectly associated with such partnership in a consulting or other capacity which may impair the security, honesty, or integrity of the operation or conduct of the activities for which the application is made or contract or license is held. If the applicant, party to the contract, or licensee is a limited liability company, the persons subject to such requirement shall include any member and his or her spouse. If the applicant, party to the contract, or licensee is a nonprofit organization or nonprofit corporation, the person subject to such requirement shall be the person designated by such nonprofit organization or nonprofit corporation as the manager.
(b) Notwithstanding the provisions of this section, background investigations shall not be required of any debt holder which is a financial institution organized or chartered under the laws of this state, any other state, or the United States relating to banks, savings institutions, trust companies, savings and loan associations, credit unions, installment loan licensees, or similar associations organized under the laws of this state and subject to supervision by the Department of Banking and Finance.
(c) Notwithstanding the provisions of this section, if an applicant for or party holding a license as a pickle card operator, sales agent, gaming manager, lottery operator, lottery worker, or sales outlet location is issued a license by the Nebraska Liquor Control Commission, the Department of Revenue may waive the fingerprinting requirements for criminal history record investigation purposes.
(3)(a) The applicant, party to the contract, or licensee shall pay the actual cost of any fingerprinting or check of his or her criminal history record information.
(b) The Department of Revenue may require an applicant or licensee subjected to a background investigation, a facilities inspection, or both to pay the actual costs incurred by the department in conducting the investigation or inspection. The department may require payment of the estimated costs in advance of beginning the investigation or inspection. If an applicant does not wish to pay the estimated costs, it may withdraw its application and its application fee will be refunded. After completion of the investigation or inspection, the department shall refund any overpayment or shall charge and collect an amount sufficient to reimburse the department for any underpayment of actual costs. The department may establish by rule and regulation the conditions and procedures for payment of the costs.
(4) Refusal to comply with this section by any person contracted with, licensed, or seeking a contract or license under the Nebraska Bingo Act, the Nebraska County and City Lottery Act, the Nebraska Pickle Card Lottery Act, or the State Lottery Act shall be a violation of the act under which such person is contracted with, licensed, or seeking a contract or license.
Source
Cross References
Structure Nebraska Revised Statutes
Chapter 9 - Bingo and Other Gambling
9-124 - Transferred to section 9-202.
9-125 - Transferred to section 9-203.
9-126 - Transferred to section 9-211.
9-127 - Transferred to section 9-204.
9-128 - Transferred to section 9-205.
9-129 - Transferred to section 9-206.
9-132 - Transferred to section 9-210.
9-133 - Transferred to section 9-213.
9-134 - Transferred to section 9-214.
9-135 - Transferred to section 9-216.
9-136 - Transferred to section 9-217.
9-137 - Transferred to section 9-218.
9-138 - Transferred to section 9-219.
9-139 - Transferred to section 9-222.
9-140 - Transferred to section 9-223.
9-140.01 - Transferred to section 9-346.
9-140.03 - Transferred to section 9-308.
9-140.04 - Transferred to section 9-209.
9-140.05 - Transferred to section 9-317.
9-140.06 - Transferred to section 9-224.
9-140.07 - Transferred to section 9-225.
9-140.08 - Transferred to section 9-207.
9-140.09 - Transferred to section 9-220.
9-140.10 - Transferred to section 9-212.
9-140.11 - Transferred to section 9-221.
9-140.12 - Transferred to section 9-208.
9-140.13 - Transferred to section 9-320.
9-140.14 - Transferred to section 9-316.
9-140.15 - Transferred to section 9-313.
9-140.16 - Transferred to section 9-215.
9-141 - Transferred to section 9-231.
9-142 - Transferred to section 9-232.
9-143 - Transferred to section 9-233.
9-143.01 - Transferred to section 9-329.
9-143.02 - Transferred to section 9-332.
9-143.03 - Transferred to section 9-335.
9-143.04 - Transferred to section 9-341.
9-143.05 - Transferred to section 9-333.
9-143.06 - Transferred to section 9-334.
9-144 - Transferred to section 9-246.
9-145 - Transferred to section 9-243.
9-146 - Transferred to section 9-244.
9-147 - Transferred to section 9-245.
9-148 - Transferred to section 9-257.
9-149 - Transferred to section 9-242.
9-150 - Transferred to section 9-250.
9-151 - Transferred to section 9-248.
9-152 - Transferred to section 9-249.
9-153 - Transferred to section 9-261.
9-154 - Transferred to section 9-256.
9-155 - Transferred to section 9-251.
9-156 - Transferred to section 9-247.
9-157 - Transferred to section 9-260.
9-158 - Transferred to section 9-258.
9-159 - Transferred to section 9-259.
9-160 - Transferred to section 9-241.
9-161 - Transferred to section 9-254.
9-162 - Transferred to section 9-255.
9-163 - Transferred to section 9-253.
9-164 - Transferred to section 9-237.
9-165 - Transferred to section 9-239.
9-166 - Transferred to section 9-236.
9-167 - Transferred to section 9-238.
9-170 - Transferred to section 9-262.
9-171 - Transferred to section 9-230.
9-172 - Transferred to section 9-263.
9-173 - Transferred to section 9-201.
9-174 - Transferred to section 9-264.
9-175 - Transferred to section 9-265.
9-177 - Transferred to section 9-342.
9-178 - Transferred to section 9-235.
9-178.01 - Transferred to section 9-234.
9-179 - Transferred to section 9-351.
9-181 - Transferred to section 9-348.
9-182 - Transferred to section 9-349.
9-183 - Transferred to section 9-343.
9-184 - Transferred to section 9-344.
9-185 - Transferred to section 9-427.
9-186 - Transferred to section 9-340.
9-186.01 - Transferred to section 9-337.
9-186.02 - Transferred to section 9-338.
9-186.03 - Transferred to section 9-336.
9-186.04 - Transferred to section 9-339.
9-187 - Transferred to section 9-226.
9-187.01 - Transferred to section 9-227.
9-187.02 - Transferred to section 9-350.
9-188 - Transferred to section 9-228.
9-189 - Transferred to section 9-229.
9-190 - Transferred to section 9-252.
9-195 - Transferred to section 9-433.
9-196 - Transferred to section 9-429.
9-197 - Transferred to section 9-240.
9-198 - Transferred to section 9-431.
9-199 - Transferred to section 9-422.
9-199.01 - Transferred to section 9-426.
9-1,103 - Invalidity of acts; effect.
9-1,105 - Charitable Gaming Investigation Petty Cash Fund; authorized; use; records; investment.
9-1,106 - Tribal-state compact governing gaming; Governor; powers.
9-203 - Definitions, where found.
9-204.01 - Bingo card, defined.
9-204.02 - Bingo chairperson, defined.
9-204.03 - Bingo equipment, defined.
9-204.04 - Bingo card monitoring device, defined.
9-205 - Bingo occasion, defined.
9-206 - Bingo supplies, defined.
9-207.01 - Commercial lessor, defined.
9-209.01 - Gaming manager, defined.
9-209.02 - Excursion or dinner train, defined.
9-210 - Gross receipts, defined.
9-211 - Lawful purpose, defined.
9-213 - Licensed organization, defined.
9-214 - Limited period bingo, defined.
9-214.01 - Manufacturer, defined.
9-217.01 - Qualifying nonprofit organization, defined.
9-224 - Special event bingo, defined.
9-225.01 - Utilization-of-funds member, defined.
9-226 - Department; powers, functions, and duties.
9-226.01 - Denial of application; procedure.
9-226.02 - Administrative fines; disposition; collection.
9-227 - Suspension of license or permit; limitation; procedure.
9-228 - Hearing; required; when; notice.
9-229 - Proceeding before department; service; security; appeal.
9-230 - Operation without license; public nuisance; penalties.
9-230.01 - Special event bingo; permit; application; form; fee; issuance; restrictions.
9-231 - License; qualified applicants.
9-232.02 - Licenses; renewal; procedure; fee.
9-232.03 - Limited period bingo; authorization.
9-233 - Licenses; classes; fees.
9-237 - Information; copies; with whom filed.
9-240 - Tax; deficiency; interest; penalty.
9-241.01 - Conduct of bingo; authorized location.
9-241.02 - Bingo occasion; restrictions; exceptions.
9-241.03 - Bingo occasions; additional restrictions; department; powers.
9-241.04 - Premises; rental or lease; requirements.
9-241.05 - Bingo equipment; obtain from licensed distributor; exceptions.
9-241.07 - Advertising; limitations; exception.
9-241.08 - Bingo game; participation; conduct of bingo; restrictions.
9-241.10 - Bingo cards; requirements; department; rules and regulations.
9-255 - Bingo games; selection of designators.
9-255.01 - Bingo cards, equipment, and supplies; requirements.
9-255.02 - Prizes; limitations.
9-255.03 - Gross receipts; segregation; books and records; commingling of funds.
9-255.04 - Expenses; limitations; allocation; payment of workers; expenses; how paid.
9-255.05 - Licensed organization; reports required.
9-255.08 - Distributor; purchase or sale of bingo equipment; restrictions; records; reporting.
9-255.10 - Manufacturer; sale of bingo equipment; restrictions; records; department; powers.
9-262 - Violations; penalties; enforcement; venue.
9-262.01 - Tax Commissioner; power to seize contraband; effect.
9-263 - Violations; standing to sue.
9-264 - Civil action; relief permitted.
9-265 - Civil procedure statutes; applicability.
9-266 - Reports and records; disclosure; limitations; violation; penalty.
9-303 - Definitions, where found.
9-304 - Allowable expenses, defined.
9-305.01 - Definite profit, defined.
9-306.01 - Designated premises, defined.
9-308 - Gross proceeds, defined.
9-308.01 - Gross profit, defined.
9-309 - Lawful purpose, defined.
9-311 - Licensed organization, defined.
9-312 - Lottery by the sale of pickle cards, defined.
9-313 - Manufacturer, defined.
9-314.01 - Net profit, defined.
9-316 - Pickle card operator, defined.
9-317 - Pickle card unit, defined.
9-321.01 - Unit cost, defined.
9-321.02 - Utilization-of-funds member, defined.
9-322 - Department; powers, functions, and duties.
9-322.01 - Administrative fine; disposition; collection.
9-322.02 - Denial of application; procedure.
9-323 - Suspension of license; limitation; procedure.
9-324 - Hearing; required; when; notice.
9-325 - Proceeding before department; service; security; appeal.
9-326 - License; qualified applicants.
9-327 - License; application; contents; enumerated; duty to keep current.
9-328 - Licenses; renewal; application; requirements; classes; fees.
9-329 - Sales agent; license required; application; contents; fee; temporary license.
9-329.01 - Sales agent; license applicant; qualifications; licensee; limitations.
9-329.03 - Pickle card operator; qualified applicant; licensee; limitations.
9-330 - Distributor's license; application; requirements; fee; renewal.
9-331 - Distributor; employee or spouse; participation in gambling; restrictions.
9-332.01 - Manufacturer; preselling activities; approval required.
9-333 - Manufacturer; records.
9-334 - Nonresident manufacturer; designated agent for service of process.
9-335 - Manufacturer; employee or spouse; restriction on activities.
9-336 - Pickle card or pickle card unit; serial number required; manufacturer; duties.
9-337 - Pickle cards; construction standards.
9-338 - Pickle card or pickle card unit; restrictions on manufacturer; contraband.
9-339 - Pickle card or pickle card unit; department; examination.
9-340 - Pickle card or pickle card unit; restrictions; costs of examination.
9-340.01 - Distributor; provide purchaser with invoice.
9-341 - Licensed manufacturer; duty to keep records.
9-342 - Licensed organization; pickle cards; powers and duties; purchases; limitation.
9-343 - Distributor; records; reports.
9-344 - Distributor; taxation; deficiencies.
9-345 - Participation; age limitation.
9-345.01 - Conduct of lottery; location; special function.
9-345.02 - Flare cards; punchboards; posting; identification.
9-345.04 - Seal cards; authorized; requirements.
9-346 - Determination of winner; pickle cards; requirements.
9-347 - Gross proceeds; definite profit; use; restrictions; allocation of expenses.
9-347.01 - Definite profit; distribution; net profit; use.
9-348 - Segregation of definite profit; manner of payment; records; requirements.
9-348.01 - Lottery by the sale of pickle cards; sources of funding; payments; restrictions.
9-349 - Lottery by the sale of pickle cards; reports.
9-350 - Tax Commissioner; power to seize contraband; effect.
9-351 - Unauthorized sale or possession of pickle cards; violation; penalty.
9-352 - Violations; penalties; enforcement; venue.
9-353 - Violations; standing to sue.
9-354 - Civil action; relief permitted.
9-355 - Civil procedure statutes; applicability.
9-356 - Returns, reports, and records; disclosure; limitations; violation; penalty.
9-403 - Definitions, where found.
9-404 - Allowable expenses, defined.
9-407 - Gross proceeds, defined.
9-408 - Lawful purpose, defined.
9-410 - Licensed organization, defined.
9-417.01 - Utilization-of-funds member, defined.
9-418 - Department; powers, functions, and duties.
9-418.01 - Denial of application; procedure.
9-418.02 - Administrative fines; disposition; collection.
9-419 - Suspension of license or permit; limitation; procedure.
9-420 - Hearing; required; when; notice.
9-421 - Proceeding before department; service; security; appeal.
9-422 - Lottery or raffle; restriction on gross proceeds; violation; penalty.
9-423 - License; qualified applicants.
9-424 - License; application; contents; fee; duty to keep current.
9-425 - Licenses; renewal; application; requirements; temporary license; fee.
9-426 - Special permit to conduct raffle and lottery; fee.
9-426.01 - Race utilizing floating objects; requirements.
9-427 - Lottery or raffle; gross proceeds; use; restrictions.
9-428 - Segregation of gross proceeds; records; requirements.
9-429 - Lottery or raffle; gross proceeds; tax; deficiencies.
9-430 - Participation; age limitation.
9-431 - Lottery or raffle ticket or stub; requirements.
9-432 - Tax Commissioner; power to seize contraband; effect.
9-433 - Lottery or raffle; local control; section, how construed.
9-434 - Violations; penalties; enforcement; venue.
9-435 - Violations; standing to sue.
9-436 - Civil action; relief permitted.
9-437 - Civil procedure statutes; applicability.
9-503 - Definitions, sections found.
9-504 - Charitable or community betterment purposes, defined.
9-506 - Gross proceeds, defined.
9-508 - Qualifying nonprofit organization, defined.
9-510 - Nonprofit organization; conduct lotteries; conditions.
9-511 - Nonprofit organization; conduct raffles; conditions.
9-512 - Department of Revenue; law enforcement agency; powers and duties.
9-513 - Violations; penalties.
9-603 - Definitions, where found.
9-603.01 - Transferred to section 9-603.03.
9-603.02 - Authorized representative, defined.
9-603.04 - Activation, defined.
9-604 - Community betterment purposes, defined.
9-604.01 - Department, defined.
9-605.01 - Governing official, defined.
9-606 - Gross proceeds, defined.
9-606.02 - Keno manager, defined.
9-606.03 - Keno writer, defined.
9-607 - Lottery, defined; manner of play; designation.
9-608 - Transferred to section 9-625.
9-609 - Transferred to section 9-629.
9-610 - Transferred to section 9-648.
9-611 - Transferred to section 9-651.
9-612 - Transferred to section 9-619.
9-613 - Lottery equipment, defined.
9-614 - Lottery operator, defined.
9-615 - Lottery supplies, defined.
9-615.01 - Lottery worker, defined.
9-616 - Manufacturer-distributor, defined.
9-619 - Regulation of lotteries; department; duty.
9-620 - Department; powers, functions, and duties.
9-621 - Administrative fines; disposition; collection.
9-622 - Application; denial; hearing.
9-623 - Hearing; required; when; notice.
9-624 - Proceeding before department; service; decision; appeal.
9-625 - Lotteries; established by political subdivision; election; approval required; joint lottery.
9-626 - Continuation of lottery; election; form; restrictions.
9-627 - Continuation of lottery; petition; election.
9-628 - Contract; termination provision required.
9-629 - Gross proceeds; use; audit and legal expenses, defined.
9-629.01 - Gross proceeds; use; professional baseball organization.
9-631 - License to conduct lottery; renewal; fee.
9-631.02 - Keno writer; exemption from licensure.
9-632 - Manufacturer-distributor; license required; application; fee; expiration; renewal.
9-633 - Manufacturer-distributor; resident agent; when required.
9-634 - Manufacturer-distributor; lottery supplies; approval required.
9-635 - Manufacturer-distributor; lottery equipment; approval required; costs of examination.
9-636 - Lottery supplies; requirements.
9-637 - Ticket; purchase price limitation.
9-638 - Manufacturer-distributor; information requirements.
9-639 - Manufacturer-distributor; employee, agent, or spouse; restriction on activities.
9-640 - Manufacturer-distributor; lottery equipment or supplies sales and leases; restrictions.
9-641 - Manufacturer-distributor; records required.
9-642 - Lottery operator; conflict of interest prohibited.
9-643 - Lottery; local control; section, how construed.
9-644 - Local control; annexation; effect.
9-645 - Licensees; exempt from Uniform Disposition of Unclaimed Property Act.
9-646 - Participation; restrictions.
9-646.01 - No extension of credit.
9-647 - Lottery; time limitation.
9-648 - Gross proceeds; tax; collection.
9-649 - Tax Commissioner; power to seize contraband; effect.
9-651 - Lottery ticket; requirements.
9-652 - Violations; penalties; enforcement; venue.
9-653 - Reports and records; disclosure; limitations; violation; penalty.
9-804.02 - Transferred to section 83-162.01.
9-804.03 - Transferred to section 83-162.02.
9-804.04 - Transferred to section 83-162.03.
9-804.05 - Transferred to section 83-162.04.
9-805 - Tax Commissioner; agreements authorized.
9-807 - Division; personnel; bond or insurance.
9-809 - Auditor of Public Accounts; audit; Tax Commissioner; reports.
9-811 - Exemption from occupation tax.
9-814 - Prohibited acts; violations; penalties.
9-818 - Attorney General and other law enforcement authority; powers and duties.
9-820 - Contracts awarded by Tax Commissioner; notices of hearings; orders and decisions; delivery.
9-821 - District court of Lancaster County; jurisdiction; appeal.
9-822 - Books and records; requirements.
9-823 - Rules and regulations; enumerated; Tax Commissioner; duties.
9-824 - Lottery game retailer; contract with division; considerations.
9-825 - Lottery game retailer; division; sale of tickets; when.
9-826 - Lottery game retailer; award of contract; director; findings required.
9-827 - Lottery game retailer; cooperation with director; termination of contract.
9-828 - Director; powers relating to contracts and fees.
9-829 - Ticket sales; restrictions.
9-830 - Lottery game retailer; bond; requirements.
9-831 - Advertising on problem gambling prevention, education, and awareness messages; requirements.
9-832 - Refusal to award contract; termination of contract; fine; procedure; appeal.
9-833 - Procurement of goods or services; director; powers; limitation.
9-836 - Major procurement; lottery contractor; performance bond.
9-836.01 - Division; sale of tangible personal property; distribution of profits.
9-837 - Lottery contractor; perform contract in compliance with other laws; failure; effect.
9-838 - Attorney General; Nebraska State Patrol; duties.
9-839 - Civil and criminal proceedings; jurisdiction.
9-840 - Director; studies and report.
9-841 - Act; intent; preemption of state or local laws or regulations.
9-1001 - Funding for assistance to problem gamblers; legislative findings and intent.
9-1003 - Nebraska Commission on Problem Gambling; created; members; terms; vacancies; meetings.
9-1004 - Commission; officers; expenses; duties; director; duties; rules and regulations; report.
9-1005 - Gamblers Assistance Program; created; duties.
9-1006 - Compulsive Gamblers Assistance Fund; created; use; investment.
9-1102 - Games of chance; permitted; restrictions.
9-1105 - Commission; administer act.
9-1106 - Commission; powers and duties.
9-1107 - Racing and Gaming Commission's Racetrack Gaming Fund; created; use; investment.
9-1109 - Credit cards; prohibited; applicant or authorized gaming operator; requirements.
9-1111 - Game of chance; cheating; gaming device; manipulation; penalties.
9-1112 - Participation in unlawful manner; violations; penalties.
9-1113 - Gaming device; acts prohibited; penalties.
9-1115 - Participation prohibited; violations; penalties.
9-1116 - Violations; general penalty provisions.
9-1117 - Authorized gaming operator; license; application; contents.
9-1118 - List of self-excluded persons.
9-1203 - Tax; amount; collection.
9-1204 - Tax; proceeds; distribution.
9-1206 - Tax; delinquent; penalty; interest.