9-823. Rules and regulations; enumerated; Tax Commissioner; duties.
The Tax Commissioner shall adopt and promulgate rules and regulations necessary to carry out the State Lottery Act. The rules and regulations shall include provisions relating to the following:
(1) The lottery games to be conducted subject to the following conditions:
(a) No lottery game shall use the theme of dog racing or horseracing;
(b) In any lottery game utilizing tickets, each ticket in such game shall bear a unique number distinguishing it from every other ticket in such lottery game;
(c) No name of an elected official shall appear on the tickets of any lottery game; and
(d) In any instant-win game, the overall estimated odds of winning some prize shall be printed on each ticket and shall also be available at the office of the division at the time such lottery game is offered for sale to the public;
(2) The retail sales price for lottery tickets;
(3) The types and manner of payment of prizes to be awarded for winning tickets in lottery games;
(4) The method for determining winners, the frequency of drawings, if any, or other selection of winning tickets subject to the following conditions:
(a) No lottery game shall be based on the results of a dog race, horserace, or other sports event;
(b) If the lottery game utilizes the drawing of winning numbers, a drawing among entries, or a drawing among finalists (i) the drawings shall be witnessed by an independent certified public accountant, (ii) any equipment used in the drawings shall be inspected by the independent certified public accountant and an employee of the division or designated agent both before and after the drawing, and (iii) the drawing shall be recorded on videotape with an audio track; and
(c) Drawings in an instant-win game, other than grand prize drawings or other runoff drawings, shall not be held more often than weekly. Drawings or selections in an online game shall not be held more often than daily;
(5) The validation and manner of payment of prizes to the holders of winning tickets subject to the following conditions:
(a) The prize shall be given to the person who presents a winning ticket, except that for awards in excess of five hundred dollars, the winner shall also provide his or her social security number or tax identification number;
(b) A prize may be given to only one person per winning ticket, except that a prize shall be divided between the holders of winning tickets if there is more than one winning ticket per prize;
(c) For the convenience of the public, the director may authorize lottery game retailers to pay winners of up to five hundred dollars after performing validation procedures on their premises appropriate to the lottery game involved;
(d) No prize shall be paid to any person under nineteen years of age, and any prize resulting from a lottery ticket held by a person under nineteen years of age shall be awarded to the parent or guardian or custodian of the person under the Nebraska Uniform Transfers to Minors Act;
(e) No prize shall be paid for tickets that are stolen, counterfeit, altered, fraudulent, unissued, produced or issued in error, unreadable, not received or not recorded by the division by acceptable deadlines, lacking in captions that confirm and agree with the lottery play symbols as appropriate to the lottery game involved, or not in compliance with additional specific rules and regulations and public or confidential validation and security tests appropriate to the particular lottery game involved;
(f) No particular prize in any lottery game shall be paid more than once. In the event of a binding determination by the director that more than one claimant is entitled to a particular prize, the sole right of such claimants shall be the award to each of them of an equal share in the prize; and
(g) After the expiration of the claim period for prizes for each lottery game, the director shall make available a detailed tabulation of the total number of tickets actually sold in the lottery game and the total number of prizes of each prize denomination that were actually claimed and paid;
(6) Requirements for eligibility for participation in grand prize drawings or other runoff drawings, including requirements for submission of evidence of eligibility;
(7) The locations at which tickets may be sold except that no ticket may be sold at a retail liquor establishment holding a license for the sale of alcoholic liquor at retail for consumption on the licensed premises unless the establishment holds a Class C liquor license with a sampling designation as provided in subsection (6) of section 53-124;
(8) The method to be used in selling tickets;
(9) The contracting with persons as lottery game retailers to sell tickets and the manner and amount of compensation to be paid to such retailers;
(10)(a) The form and type of marketing of informational and educational material.
(b) Beginning on September 1, 2019, all lottery advertisements shall disclose the odds of winning the prize with the largest value for any lottery game in a clear and conspicuous manner. Such disclosure shall be in a font size of not less than thirty-five percent of the largest font used in the advertisement, except that for any online advertisement, such disclosure shall be in a font size of at least ten points. This subdivision (b) shall not apply to advertisements printed, distributed, broadcast, or otherwise disseminated or conducted prior to September 1, 2019;
(11) Any arrangements or methods to be used in providing proper security in the storage and distribution of tickets or lottery games; and
(12) All other matters necessary or desirable for the efficient and economical operation and administration of lottery games and for the convenience of the purchasers of tickets and the holders of winning tickets.
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.