2005 Idaho Code - 67-7711 — LICENSING PROCEDURE

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 77
                              BINGO AND RAFFLES
    67-7711.  LICENSING PROCEDURE. (1) Any charitable or nonprofit
organization not exempt pursuant to section 67-7713, Idaho Code, desiring to
operate bingo sessions or games or charitable raffles shall make application
for a license to the state lottery. The state lottery shall review the license
application and shall approve or deny the issuing of a license within fifteen
(15) calendar days of receipt of the license application. The state lottery
may deny the application if it determines that the applicant has not met
requirements imposed in this act and rules promulgated pursuant to this act.
Whenever an application is denied, it shall be returned to the applicant by
the state lottery with specific reasons for the denial. When a license
application is approved by the state lottery, the state lottery shall issue a
license to the applicant. No person or charitable or nonprofit organization,
except those exempt pursuant to section 67-7713, Idaho Code, shall operate or
conduct a bingo session or game or charitable raffle until it has received a
license from the state lottery. The license shall expire one (1) year after
the date it was issued. A copy of the license shall be furnished to the county
sheriff of the county or the chief of police of the city in which the licensee
intends to operate a bingo session or game or sell charitable raffle tickets
before a bingo session or game or a charitable raffle is conducted by the
licensee.
    (2)  Each application and renewal application shall contain the following
information:
    (a)  The name, address, date of birth, driver's license number and social
    security number of the applicant and if the applicant is a corporation,
    association or other similar legal entity, the name, home address, date of
    birth, driver's license number and social security number of each of the
    officers of the organization as well as the name and address of the
    directors, or other persons similarly situated, of the organization;
    (b)  The name, home address, date of birth, driver's license number and
    social security number of each of the person or persons responsible for
    managing the bingo session or game or raffle;
    (c)  (i) In the case of charitable organizations, a copy of the
         application for recognition of exemptions and a determination letter
         from the internal revenue service and the state tax commission that
         indicates that the organization is a charitable organization and
         stating the section under which that exemption is granted, except
         that if the organization is a state or local branch, lodge, post or
         chapter of a national organization, a copy of the determination
         letter of the national organization shall satisfy this requirement;
         (ii)  In the case of incorporated nonprofit organizations, a copy of
         a certificate of existence issued by the secretary of state pursuant
         to chapter 3, title 30, Idaho Code, establishing the organization's
         good standing in the state; and
         (iii) In the case of unincorporated nonprofit associations operating
         pursuant to chapter 7, title 53, Idaho Code, a statement meeting the
         requirements of section 53-710, Idaho Code, for appointing an agent
         for service of process.
    (d)  The location at which the applicant will conduct the bingo session or
    games or drawings for the raffles.
    (3)  The operation of bingo sessions or games or charitable raffles shall
be the direct responsibility of, and controlled by, a special committee
selected by the governing body of the organization. If the governing body has
not appointed a special committee, the members of the governing body shall be
held responsible for the conduct of the bingo sessions or games or raffles. No
directors or officers of an organization or persons related to them either by
marriage or blood within the second degree shall receive any compensation
derived from the proceeds of a bingo session or raffle regulated under the
provisions of this chapter. An organization shall not contract with any person
not employed by, or a volunteer for, the organization for the purpose of
conducting a bingo session or raffle on the organization's behalf. However, if
the state lottery commission has entered into an agreement or contract with
another state for the operation or promotion of joint bingo sessions, the
charitable or nonprofit organization may participate in that contract or
agreement.
    (4)  Different chapters of an organization may apply for and share one (1)
license to conduct raffles so long as the information required in subsection
(2) of this section is provided to the lottery prior to the issuance of the
license.
    (5)  The organization may apply for the license to coincide with the
organization's fiscal year.