Notice Number:Notice of Bingo Licensees June 25,1993
Tax Type:Bingo
Brief Description:Bingo

Notice to Bingo Licensees
June 25, 1993

The Kansas Attorney General has declined to approve the three proposed new rules and regulations for instant bingo tickets, a copy of which was recently mailed to you. In addition, the Attorney General has indicated that he plans to file suit to contest the constitutionality of the Kansas Legislature's defining of instant bingo tickets as a valid form of bingo. However, unless the Attorney General is able to get an injunction against the playing of instant bingo, you are permitted to start selling instant bingo tickets on July 1 as authorized by the new law. We will keep you advised of any significant developments in this matter.

Until this matter is resolved, the following enforcement policies relating to instant bingo tickets are provided for your guidance.

1. by law, instant bingo tickets may also be sold starting one hour prior to the start of the first traditional (call) bingo game of the bingo session and may not be sold after the end of the last traditional (call) bingo game of the session.
2. All prizes for winning instant bingo tickets may be paid in cash. However, a licensee may choose to pay large prizes by check if it adopts its own house rule known to the players on advance.
3. Subsection (u) of KSA 79-47o6 requires that a license have a bingo trust account if it has $1000 or more in gross receipts in any one month. In computing gross receipts for the purpose of making this determination, the receipts from the sale of instant bingo tickets should be included. If a licensee must deposit all receipts from and pay all expenses relating to the sale of instant bingo tickets from that bingo trust account or may elect to maintain a separate bingo account just for its instant bingo receipts and expenses.
4. We have identified the elements of the game of instant bingo as being" (a) the purchase of the ticket, (b) the playing of the game (opening the ticket and identifying the numbers, letters and symbols on the ticket), ( c ) determination of whether the ticket is a winner, (d) announcement of a winning ticket by the holder thereof (presenting the ticket for payment of the prize), and (e) payment of the prize. The law does not specifically designate limits on the times that instant bingo prizes may be paid. However, since instant bingo is a type of bingo game, it logically follows that each and every element of the game must take place within the same time limits and physical area as designated by the licensee for its bingo games. Therefore, unplayed (unopened) instant bingo tickets which have been purchased by players must remain within the designated bingo playing area at all times, the same as bingo cards purchased for traditional (call) bingo games. Instant bingo tickets which have been purchased but no played (not opened) found outside the designated bingo playing area will be treated as an illegal gambling device as provided under current Kansas criminal statutes.

Date Composed: 10/07/1997 Date Modified: 10/09/2001