North Carolina § 14-309 - 14. Beach bingo.

§ 14-309. 14. Beach bingo.

Nothing in this Article shall apply to "beach bingo" games except for the following subdivisions: No beach bingo game may offer a prize having a value greater than ten dollars ($10.00). Any person offering a greater than ten-dollar ($10.00) but less than fifty-dollar ($50.00) prize is guilty of a Class 2 misdemeanor. Any person offering a prize of fifty dollars ($50.00) or greater is guilty of a Class I felony. No beach bingo game may be held in conjunction with any other lawful bingo game, with any "promotional bingo game", or with any offering of an opportunity to obtain anything of value, whether for valuable consideration or not. No beach bingo game may offer free bingo games as a promotion, for prizes or otherwise. Any person who violates this subsection is guilty of a Class I felony. Repealed by Session Laws 2019-182, s. 14(b), effective September 1, 2019, and applicable to offenses committed on or after that date. Upon conviction under any provision of this section, such person shall not conduct a bingo game for a period of at least one year. A person shall not operate a beach bingo game at any location without first obtaining a license as provided by this subdivision. Any person operating a beach bingo game without a license is guilty of a Class 2 misdemeanor. The procedure for obtaining an application for a beach bingo license shall be as follows: The application for a beach bingo license shall be made to the Alcohol Law Enforcement Division of the Department of Public Safety on a form prescribed by the Division. The Division shall charge an initial application fee of three hundred dollars ($300.00) and an annual renewal fee of three hundred dollars ($300.00) to defray the cost of issuing beach bingo licenses and handling enforcement. The fees collected shall be deposited in the General Fund of the State. This license shall expire one year after the granting of the license but may be renewed yearly upon payment of the renewal fee. Each application and renewal application shall contain all of the following information: The name and address of the applicant and if the applicant is a corporation, association, or other similar legal entity, the name and home address 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. The location at which the applicant will conduct the bingo games. If the premises are leased, a copy of the lease or rental agreement. Any false information provided in an application for a beach bingo license is cause for suspension of that license and is also a Class 2 misdemeanor. All books, papers, records, and documents relevant to determining whether an individual has acted or is acting in compliance with this section shall be open to inspection by the Alcohol Law Enforcement Division of the Department of Public Safety at reasonable times and during reasonable hours. History (1983, c. 896, s. 3; 1983 (Reg. Sess., 1984), c. 1107, s. 10; 1987, c. 701; 1989 (Reg. Sess., 1990), c. 826, s. 2; 1993, c. 539, ss. 214, 1232; 1994, Ex. Sess., c. 24, s. 14(c); 2016-27, s. 1; 2017-102, s. 5.1(b); 2019-182, s. 14(b); 2020-72, s. 1(c).) Editor's Note. - Session Laws 1993, c. 539, s. 1232 redesignated former subdivisions (a) and (b) as (1) and (2), respectively, but left the subdivision designations (c) and (d) unchanged. Subdivisions (c) and (d) have been redesignated as subdivisions (3) and (4), respectively, at the direction of the Revisor of Statutes. Session Laws 2016-27, s. 2 provides: "The State Bureau of Investigation may take the necessary actions to develop and implement the application process. Beginning October 1, 2016, the State Bureau of Investigation may accept applications, charge and collect application fees, and issue licenses as provided by G.S. 14-309.14(5) , as enacted by this act." Session Laws 2016-27, s. 4, as amended by Session Laws 2017-102, s. 5.1(b), provides in part: "G.S. 14-309.14(5)c., as enacted by Section 1 of this act, becomes effective October 1, 2016, and applies to applications submitted on or after October 1, 2016, and offenses committed on or after that date. The remainder of Section 1 of this act becomes effective December 1, 2016, and applies to offenses committed on or after that date." Session Laws 2019-182, s. 14(d), made the repeal of subdivision (3) by Session Laws 2019-182, s. 14(b), effective September 1, 2019, and applicable to offenses committed on or after that date. Session Laws 2019-182, s. 28, is a severability clause. Session Laws 2020-72, s. 1(d), made the amendment of subdivision (5) of this section by Session Laws 2020-72, s. 1(c), effective October 1, 2020, and applicable to applications submitted on or after that date. Effect of Amendments. - Session Laws 2016-27, s. 1, added subdivision (5). For effective date and applicability, see editor's note. Session Laws 2019-182, s. 14(b), deleted subdivision (3). For effective date and applicability, see editor's note. Session Laws 2020-72, s. 1(c), substituted "Alcohol Law Enforcement Division of the Department of Public Safety" for "State Bureau of Investigation" in sub-subdivisions (5)a. and (5)d.; and substituted "Division" for "Bureau" in the first and second sentences of sub-subdivision (5)a. For effective date and applicability, see editor's note.