9-329.02. Pickle card operator; license required; application; contents; fee; restrictions; authorization required; equipment requirements.
(1) A pickle card operator shall not be eligible to sell individual pickle cards as opportunities to participate in a lottery by the sale of pickle cards without first obtaining a license.
(2) Any sole proprietorship, partnership, limited liability company, or corporation wishing to operate as a pickle card operator in this state shall file an application with the department for a license on a form prescribed by the department. Each application for a license shall include (a) the name, address, and state identification number of the sole proprietorship, partnership, limited liability company, or corporation applying for the license, (b) a description of the premises on which the pickle cards will be sold or offered for sale, (c) if the applicant is an individual, the applicant's social security number, and (d) such other information which the department deems necessary. The information required by this subsection shall be kept current. A pickle card operator shall notify the department within thirty days if any information in the application is no longer correct and shall supply the correct information.
(3) A biennial fee of one hundred dollars shall be charged for each license issued pursuant to this section and shall be paid for by the applicant. A licensed organization shall not pay the required licensing fees of a pickle card operator as an inducement for the pickle card operator to sell individual pickle cards on its behalf. Such licenses shall expire on September 30 of each odd-numbered year or on such other date as the department may prescribe by rule and regulation and may be renewed biennially. The department shall remit the proceeds from such license fees to the State Treasurer for credit to the Charitable Gaming Operations Fund. An application for license renewal shall be submitted to the department at least sixty days prior to the expiration date of the license.
(4) One license issued to any sole proprietorship, partnership, limited liability company, or corporation under this section as a pickle card operator shall cover the sole proprietorship, partnership, limited liability company, or corporation and the employees of the licensed pickle card operator. Any license issued pursuant to this section shall be valid only for the sole proprietorship, partnership, limited liability company, or corporation in the name of which it was issued and shall allow the sale of individual pickle cards only on the premises described in the pickle card operator's application for a license. A pickle card operator's license may not be transferred under any circumstances including change of ownership.
(5) The department may prescribe a separate application form for renewal purposes.
(6) A licensed pickle card operator shall not sell individual pickle cards on behalf of a licensed organization until an authorization has been obtained from the department by the licensed organization. The licensed organization shall file an application with the department for such authorization on a form prescribed by the department. Each application for an authorization shall include (a) the name, address, and state identification number of the licensed pickle card operator and (b) such other information which the department deems necessary. The application shall include a statement signed by a person licensed as a utilization-of-funds member signifying that such licensed organization approves the pickle card operator to sell individual pickle cards on behalf of such organization.
(7) A pickle card operator may sell individual pickle cards on behalf of more than one licensed organization. Each licensed organization for which the pickle card operator desires to sell individual pickle cards shall obtain the authorization described in subsection (6) of this section.
(8) A pickle card operator who sells individual pickle cards through a coin-operated or currency-operated dispensing device shall purchase, lease, or rent its own equipment. If such equipment is obtained from a licensed organization or distributor, it shall be purchased, leased, or rented at a rate not less than fair market value. A licensed organization or distributor shall not provide such equipment to a pickle card operator free of charge or at a rate less than fair market value as an inducement for the pickle card operator to sell a licensed organization's individual pickle cards. The department may require a licensed organization, distributor, or pickle card operator to provide such documentation as the department deems necessary to verify that a pickle card operator has purchased, leased, or rented the equipment for a rate not less than fair market value.
(9) No pickle card operator shall generate revenue from the sale of individual pickle cards which exceeds the revenue generated from other retail sales on an annual basis. For purposes of this subsection, retail sales shall not include revenue generated from other charitable gaming activities authorized by Chapter 9.
Source
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.