July 31, 2015 - The Annual Center Volunteer Fire Department Bingo has been temporarily canceled resulting from the requirement by the Texas Lottery Commission of the event to be licensed.
Thomas Hanson, Texas Lottery Commission Enforcement Division Investigator, was informed of the upcoming bingo and he explained for Shelby County Today the laws governing bingo and raffles. Charitable and nonprofit organizations have the right to have bingo and raffles if they are properly licensed.
"It requires the charitable organizations, even if they're having one event for the year, they have to apply for a license. Normally it takes, if you're only doing one event for the year, you apply for that license that's normally a 30 day turnaround," said Hanson. "If you already have a license, then a temporary license for a different event might be a 7-10 day turnaround."
State law requires any of the authorized organizations to seek a license with the Texas Lottery Commission or face the possibility of serious penalties which Hanson explained, "If you go ahead and have bingo you are subject to being charged with a felony of the third degree which authorizes imprisonment up to about five years."
Any organization in Shelby County found to be in violation of the law would be subject to prosecution by the Shelby County District Attorney.
"That's something that probably no organization wants to see and we certainly don't want to see any members of a volunteer fire department getting charged six weeks from now for conducting a bingo session without a license."
Hanson says the Texas Lottery Commission does everything they can to make direct contact to try and get voluntary compliance from any organization which is not licensed and is preparing to have a bingo.
Many local organizations and events in Shelby County may not be aware of the laws governing bingo and raffles, and to avoid the risk of legal action should be informed of the law. According to the Texas Occupations Code, Title 13. Chapter 2001, A bingo license for a qualified organization (volunteer fire department, religious society, veterans organization, nonprofit organization) has a fee of $25 and, once acquired, is for use on a single occasion and within a 4-hour time period. No more than six licenses may be used by an organization in a calendar year.
The Occupations Code, Title 13. Chapter 2002 pertains to charitable raffles. The following information must be printed on each raffle ticket sold or offered for sale:(1) the name of the organization conducting the raffle; (2) the address of the organization or of a named officer of the organization; (3) the ticket price; (4) a general description of each prize having a value of more than $10 to be awarded in the raffle; and (5) the date on which the raffle prize or prizes will be awarded.
A lot of organizations may be under the impression a 50/50 raffle is legal when according to the Charitable Raffle Act, Occupations Code, Title 13. Chapter 2002, Sec. 2002.056. Restrictions on Prizes: A prize offered or awarded at a raffle may not be money.
More information relating to bingo and raffles is contained within the statutes and can be found at the following links, as well as frequently asked questions: Bingo Enabling Act, Charitable Raffle Act, Raffles and Casino/Poker Nights in Texas Frequently Asked Questions.
