Colorado § 24-21-622 - Bingo-raffle licensee's statement of receipts - expenses - fee - definitions.

§ 24-21-622. Bingo-raffle licensee's statement of receipts - expenses - fee - definitions.

(1) (a) On or before April 30, July 31, October 31, and January 31 of each year, every bingo-raffle licensee shall file with the licensing authority upon forms prescribed by the licensing authority a duly verified statement covering the preceding calendar quarter showing the amount of the gross receipts derived during said periods from games of chance, the expenses incurred or paid, and a brief description of the classification of such expenses, the net proceeds derived from games of chance, and the uses to which such net proceeds have been or are to be applied. Each licensee shall maintain and keep such books and records as may be necessary to substantiate the particulars of each such report.

(b) Exempt organizations are not subject to the requirements of this subsection (1), except to the extent that they shall file with the licensing authority statements showing the amount of the gross proceeds from their fund-raising drives and identifying all organizations receiving portions of such proceeds and the amounts received by each such organization.

(2) (a) If a bingo-raffle licensee fails to file reports within the time required or if reports are not properly verified or not fully, accurately, and truthfully completed, any existing license may be suspended until such time as the default has been corrected.

(b) Exempt organizations are subject to the requirements of this subsection (2) only to the extent that such requirements apply to subsection (1)(b) of this section.

(3) (a) All money collected or received from the sale of admission, extra regular cards, bingo strip cards, special game cards, sale of supplies, and all other receipts from the games of traditional and strip bingo games, raffles, and pull tab games shall be deposited in a special checking or savings account, or both, of the licensee, which must contain only this money. If the licensee conducts progressive games of chance, the licensee may maintain one additional checking or savings account, which must contain only money received from the sale of progressive games. The licensee may withdraw money from these accounts only by consecutively numbered checks or withdrawal slips or by electronic transactions referenced by transaction number or date. A check or withdrawal slip must not be drawn to "cash" or a fictitious payee. The licensee shall maintain all of its books and records in accordance with generally accepted accounting principles.

(b) Exempt organizations are not subject to this subsection (3).

(4) No part of the net proceeds, after they have been given over to another organization, shall be used by the donee organization to pay any person for services rendered or materials purchased in connection with the conducting of bingo by the donor organization.

(5) No item of expense shall be incurred or paid in connection with holding, operating, or conducting a game of chance pursuant to a bingo-raffle license except bona fide expenses of a reasonable amount. Such expenses include those incurred in connection with all games of chance, for the following purposes:

(a) Advertising and marketing;

(b) Legal fees related to any action brought by the licensing authority against the bingo-raffle licensee in connection with games of chance;

(c) The purchase of goods, wares, and merchandise furnished to the licensee for the purpose of operating games of chance pursuant to this part 6;

(d) The purchase or lease of electronic devices used as aids in the game of bingo;

(e) Payment for services rendered that are reasonably necessary for repairs of equipment and operating or conducting games of chance;

(f) Rent, if the premises are rented, or for janitorial services if not rented;

(g) Accountant's fees; and

(h) License fees.

(6) (a) For the purposes enumerated in subsection (5) of this section, the following terms have the following meanings:

(I) "Goods, wares, and merchandise" means prizes, equipment, and articles of a minor nature.

(II) "Services rendered" means:

(A) The repair of equipment;

(B) Compensation to bookkeepers or accountants for services in preparing financial reports for a reasonable amount as determined by the licensing authority by rule. A landlord, manufacturer, or supplier licensee, or employee of a landlord, manufacturer, or supplier licensee, shall not act as a bookkeeper or accountant for a bingo-raffle licensee, nor shall a landlord, manufacturer, or supplier licensee offer or provide accounting or bookkeeping services in connection with the preparation of financial reports on bingo-raffle activities, except for the transfer or encoding of data necessitated by the sale, upgrade, or maintenance of accounting software sold or leased to a bingo-raffle licensee by a landlord, manufacturer, or supplier licensee. A landlord licensee that is also a bingo-raffle licensee may act as a bookkeeper or accountant on such licensee's own behalf.

(C) The rental of premises;

(D) A reasonable amount for janitorial service as determined by the licensing authority in rules for each occasion; and

(E) A reasonable amount for security expense based on established need as determined by the licensing authority in rules for each occasion.

(b) There shall be paid to the licensing authority an administrative fee, established in accordance with section 24-21-606 (2), upon the gross receipts of any game of chance held, operated, or conducted under this part 6; except that an exempt organization shall not be charged more than twenty dollars per year. All administrative fees collected by the licensing authority under this part 6 shall be deposited in the department of state cash fund created in section 24-21-104 (3)(b).

(7) Each licensee, at the time each financial report is submitted to the licensing authority, shall pay to the order of the licensing authority the amount of administration expense provided in subsection (6) of this section.

Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 937, § 2, effective May 23. L. 2022: (3)(a) amended, (HB 22-1093), ch. 366, p. 2608, § 5, effective April 1, 2023. L. 2024: (3)(a) amended, (HB 24-1326), ch. 420, p. 2868, § 8, effective June 5.

Editor's note: This section is similar to former § 12-9-108 as it existed prior to 2017.

ANNOTATION

Rent is a legitimate permitted expense for all games of chance, including raffles. A reasonable rental may be paid to an establishment for a licensee's jar raffles operations. Am. Hist. Soc. of Germans v. Meyer, 794 P.2d 1025 (Colo. App. 1989) (decided under former law).

The administrative fee imposed on a bingo-raffle licensee under subsection (6) is required to be calculated on the aggregate profit from all games of chance conducted by the licensee. Catholic Media Groups, Inc. v. Meyer, 879 P.2d 480 (Colo. App. 1994) (decided under former law).