MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Ways and Means

By: Representative Green (72nd)

AN ACT TO AMEND SECTIONS 97-33-52 AND 97-33-55, MISSISSIPPI CODE OF 1972, TO PROHIBIT OPERATION OF BINGO GAMES WITHIN FIFTEEN HUNDRED FEET OF CERTAIN ENTITIES; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-33-52, Mississippi Code of 1972, is amended as follows:

97-33-52. (1) A bingo game may be conducted only:

(a) When held for the benefit of a charitable organization that (i) is licensed pursuant to Section 97-33-55 or Section 97-33-59; (ii) is domiciled in the State of Mississippi; and

(b) When the game is held by active members of such organization.

(2) Except as may be otherwise provided in Sections 97-33-51 through 97-33-203, all net proceeds derived from a bingo game authorized by this section shall be expended only for the purposes for which the organization is created, and no net proceeds derived from a bingo game authorized by this section shall be distributed to a charity outside of the State of Mississippi without the approval of the Mississippi Gaming Commission.

(3) None of the proceeds of a bingo game authorized to be held under this section shall be used to purchase, construct or improve a building, hall or other facility solely for the purpose of conducting or operating a bingo game.

(4) Every organization which conducts bingo games shall report to the Mississippi Gaming Commission at such time, in such manner and on such forms as the commission prescribes. All records and reports so filed shall be public records and shall be available for inspection in accordance with the Mississippi Public Records Act of 1983.

(5) Except as otherwise provided in this subsection (5), a bingo game may not be conducted within fifteen hundred (1500) feet of a library, school, nursing home, hospital or church. Bingo games that were in operation in such locations before July 1, 1997, may continue to operate in these locations, except that a bingo game may not be conducted within fifteen hundred (1500) feet of a school or library during the regular opening hours of the school or library. A library, school, nursing home, hospital or church may waive the distance restrictions imposed in this subsection in favor of allowing issuance by the commission of a license under Section 97-33-50 et seq., to authorize bingo games that would otherwise be prohibited under the minimum distance criterion. Such waiver shall be in written form from the owner, the governing body or the appropriate officer of the library, school, nursing home, hospital or church having the authority to execute such waiver, and the waiver shall be filed with and verified by the commission before becoming effective.

SECTION 2. Section 97-33-55, Mississippi Code of 1972, is amended as follows:

97-33-55. (1) Any charitable organization desiring to conduct bingo games must obtain a license to do so from the Mississippi Gaming Commission.

(2) Each applicant for such a license shall file with the commission a written application therefor in a form prescribed by the commission on which shall be stated:

(a) The name and address of the applicant, together with sufficient facts relating to its incorporation and organization to enable the commission to determine whether or not the applicant is a bona fide organization;

(b) The names and addresses of its officers;

(c) The place or places where, and the date or dates and the time or times when, bingo games are intended to be conducted by the applicant, under the license applied for;

(d) The items of expense intended to be incurred or paid in connection with the holding, operating and conducting of bingo games and the names and addresses of the persons to whom, and the purposes for which, they are to be paid;

(e) The specific purposes to which the entire net proceeds of the bingo games are to be devoted and in what manner;

(f) That, except as otherwise provided in Section 97-33-69, no commission, salary, compensation, reward or recompense will be paid to any person for holding, operating or conducting bingo games;

(g) A description of all prizes to be offered and given in all bingo games to be held, operated and conducted under such license; and

(h) Such other information as shall be prescribed by the commission by its rules and regulations.

(3) In each application there shall be designated an active member or members of the organization under whom the bingo games are to be held, operated and conducted. The application shall include a statement executed by the applicant and by the member or members so designated, that he or they will be responsible for the holding, operation and conduct of the bingo games in accordance with the terms of the license and the provisions of the commission's rules and regulations governing bingo games and of Sections 97-33-51 through 97-33-203, if such license is granted.

(4) An original application shall be accompanied by a fee of Fifty Dollars ($50.00). Such application fee shall be refunded by the commission to an organization deemed to be an exempt organization pursuant to Section 97-33-107.

(5) Except as otherwise provided in this subsection (5), authority may not be granted to any person to conduct bingo games within fifteen hundred (1500) feet of a library, school, nursing home, hospital or church. Bingo games that were in operation in such locations before July 1, 1997, may continue to operate in these locations, except that a bingo game may not be conducted within fifteen hundred (1500) feet of a school or library during the regular opening hours of the school or library. A library, school, nursing home, hospital or church may waive the distance restrictions imposed in this subsection in favor of allowing issuance by the commission of a license under Section 97-33-50 et seq., to authorize bingo games that would otherwise be prohibited under the minimum distance criterion. Such waiver shall be in written form from the owner, the governing body or the appropriate officer of the library, school, nursing home, hospital or church having the authority to execute such waiver, and the waiver shall be filed with and verified by the commission before becoming effective.

SECTION 3. This act shall take effect and be in force from and after July 1, 1997.