2000 -- H 7687

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LC01468
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S  T  A  T  E     O  F     R  H  O  D  E     I  S  L  A  N  D    

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2000

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A  N     A   C   T

RELATING TO GAMBLING AND MINORS

Introduced By:  Representative Reilly Date Introduced:  February 3, 2000 Referred To:  Committee on Judiciary

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 11-19 of the General Laws entitled "Gambling and Lotteries" is hereby amended by adding thereto the following section:

11-19-46. Minimum age requirement. -- (a) It shall be unlawful for:

(1) Any person who has not reached his or her twenty-first birthday to enter a premises which is temporarily or permanently primarily engaged in gambling or playing at any game or games of chance of any kind.

(2) Any person who has not reached his or her twenty-first birthday to participate in any gambling activity or game of chance, purchase any lottery ticket as provided in chapter 42-16.

(3) Any person to misrepresent or mistake his or her age, or the age of any other persons, or to misrepresent his or her age through the presentation of any of the following documents:

(A) An armed service identification card, the identification card license or any other documentation used for identification purposes that may belong to any other person who is of the age of twenty-one (21) years or older;

(B) A motor vehicle operator's license which bears the date of birth of the licensee, and which is issued by the state of Rhode Island or any other state;

(C) A Rhode Island identification card as defined by RIGL 3-8-6(c)(b).

(D) Any person who shall violate any of the provisions of this section shall be punished by a mandatory fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250.00)

SECTION 2. Section 11-19-32 of the General Laws in Chapter 11-19 entitled "Gambling and Lotteries" is hereby amended to read as follows:

11-19-32. Operation of bingo games. -- Any charitable organization approved by the department may promote, carry on or conduct the game of bingo provided as follows:

(1) The game is conducted by members of the organization.

(2) No person in the actual or constructive management and control of the game receives any compensation for services connected to the game or receives any compensation from the gross receipts of the game.

(3) The entire net receipts of the game are applied solely to the charitable purposes of the organization. All expenses deducted from gross receipts must be reasonable and related to the actual conduct of the game.

(4) The total amount of all expenses deducted from the gross receipts shall not exceed twenty-five percent (25%) of the total annual gross receipts raised through bingo, not including monies raised through the sale of pull-tab lottery tickets.

(5) The total prizes, in the form of cash and/or retail merchandise including prizes from winner-take-all games, which are offered or awarded does not exceed the sum of four thousand two hundred fifty dollars ($4,250) in any one night; provided, however, that if said games are conducted in a nonsmoking facility, the total prizes, in the form of cash and/or retail merchandise including prizes from winner-take-all games, which are offered or awarded do not exceed the sum of six thousand fifty dollars ($6,050) in any one night.

(6) The game is carried on or conducted not more than twice in any period of one calendar week under a license issued pursuant to the provisions of section 11-19-37.

(7) That there be only one sponsor for each date of the proposed game and that the game shall be conducted only on the premises affiliated with the organization in conformance with rules and regulations.

(8) That any building in which a game is played or conducted shall be used no more than three (3) times in any calendar week for conducting a game, and provided further, that no annex or subdivision of any building shall be permitted to be used to conduct a game in an attempt to increase the number of times the building may be used for bingo purposes.

(9) The organization shall keep and maintain financial records relating to the game in accordance with rules and regulations and have the records available for inspection upon demand.

(10) Payment of a prize in excess of two hundred fifty dollars ($250) shall be made by check.

(11) "Winner-take-all" games are prohibited, with the exception that each organization shall be permitted to play one optional "winner-take-all" game per night.

(12) No person under the age of eighteen (18) twenty-one (21) years shall be permitted to play the game.

(13) Notwithstanding any regulation to the contrary, any approved charitable organization conducting a lawful game of bingo pursuant to the provisions of this section shall be permitted to advertise their game in print media. As used herein, the term "advertise" shall mean an advertisement of announcement in print media containing the date, time, and plisse of said game, the charitable organization sponsoring and/or benefiting from said game, and whether said game shall provide for a bonus building/prize pool and the total amount of the prize pool as set forth in subsection (14) herein.

(14) The game may provide for a bonus building/prize pool which would start at five hundred dollars ($500) and increase at one hundred dollar ($100) increments each week until it reaches a maximum amount of one thousand dollars ($1000).

(15) Game workers may be compensated with non-monetary gift, valued at not more than twenty-five dollars ($25.00) per quarter and/or a total of one hundred dollars ($100) per year. Beverages and food provided without charge to volunteer workers at the game of bingo shall not be considered to be compensation for purposes of the subsection.

For the purposes of this section, a nonsmoking facility shall mean a facility wherein smoking is prohibited at all times, irrespective of the activity being conducted within the facility.

SECTION 3. Section 41-11-4 of the General Laws in Chapter 41-11 entitled "Simulcast Programs from Licensed Betting Facilities" is hereby amended to read as follows:

41-11-4. Admission of minors prohibited. -- No person who is under the age of eighteen (18) twenty-one (21) years shall be admitted into a building where pari-mutuel betting or simulcast is taking place, unless the person is an employee of a licensed concessionaire or licensed vendor and performing his or her duties of employment.

SECTION 4. Sections 42-61-9 and 42-61-14 of the General Laws in Chapter 42-61 entitled "State Lottery" are hereby amended to read as follows:

42-61-9. Sales to minors -- Gifts. -- No ticket or share shall be sold to any person under the age of eighteen (18) twenty-one (21) years, but this shall not be deemed to prohibit the purchase of a ticket or share for the purpose of making a gift by a person eighteen (18) twenty- one (21) years of age or older to a person less than that age. Any licensee who knowingly sells or offers to sell a lottery ticket or share to any person under the age of eighteen (18) twenty-one (21) shall, upon conviction, be guilty of a misdemeanor.

42-61-14. Payment of prizes to minors and persons under legal disabilities. -- (a) If the person entitled to a prize or any winning ticket is under the age of eighteen (18) years twenty- one (21), the director shall direct payment to the minor by depositing the amount of the prize in any financial institution to the credit of a member of the minor's family or legal guardian of the minor as custodian for such minor. The person so named as custodian shall have the same duties and powers as a person designated as a custodian in a manner prescribed by the "Rhode Island Uniform Gifts to Minors Act."

(b) If a person entitled to a prize or any winning ticket is under any other legal disability, the director shall direct payment to a fiduciary responsible for such person pursuant to the laws of this state.

(c) The director shall be relieved of all further liability upon payment of a prize to a minor or person under a legal disability pursuant to this section.

SECTION 5. Section 42-61.2-5 of the General Laws in Chapter 42-61.2 entitled "Video Lottery Terminal" is hereby amended to read as follows:

42-61.2-5. Exclusion of minors. -- No person under the age of eighteen (18) twenty-one (21) years may play a video lottery game authorized by this chapter, nor shall any licensed video lottery retailer knowingly permit a minor to play a video lottery machine or knowingly pay a minor with respect to a video lottery credit slip. Violation of this section shall be punishable by a fine of five hundred dollars ($500).

SECTION 6. This act shall take effect upon passage.

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LC01468
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF

A  N     A   C   T

RELATING TO GAMBLING AND MINORS

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This act would require that a person attain the age of twenty-one (21) in order to gamble, play at games of chance and participate in the lottery.

This act would take effect upon passage.


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