| (a) The licensed authorized organization must ensure
the site system is accessible to the Commission via remote connection
at all times.
(b) The licensed authorized organization must ensure
that the receipts for its bingo occasion display the correct licensed
authorized organization name, location name, time, and date.
(c) The licensed authorized organization must ensure
that the occasion report displays the correct licensed authorized
organization name, location name, date of the bingo occasion, and
all other required information contained in §402.321(13) of this
chapter.
(d) The licensed authorized organization must treat
void transactions resulting in a cash refund in the following manner:
(1) The player must present the original receipt which
was issued at the time of the purchase of the card-minding device
before the purchase can be voided;
(2) The word "void" shall be clearly printed on the
receipt issued once the void has occurred;
(3) The player must write his or her name, signature,
and amount of refund on the back of the void receipt before a partial
or full refund may be issued (unless the player refuses or is unable
to provide the required information, in which case the licensed authorized
organization shall so note on the back of the receipt); and
(4) All voided receipts must be attached to the bingo
occasion report printed at the end of each bingo occasion and maintained
with the records.
(e) If presales are made and the associated cards are
not purchased, loaded, and enabled for play on a card-minding device,
then those presales must be voided by the start of the second game
of the occasion.
(f) Each licensed authorized organization must record
all sales of electronic bingo cards and card-minding devices on the
card-minding system point of sale station. Disposable cards, instant
bingo pull-tab tickets and event bingo pull-tab tickets and all bingo
prizes awarded, including both regular bingo and pull-tab bingo, may
be recorded on the card-minding point of sale station. However, if
a licensed authorized organization utilizes a customer account on
a card-minding system, that organization must record all sales of
disposable cards, instant bingo pull-tab tickets and event bingo pull-tab
tickets and all bingo prizes awarded, including both regular bingo
and pull-tab bingo, on the card-minding system point of sale. Disposable
cards, instant bingo pull-tab tickets and event bingo pull-tab tickets
sales and bingo prizes awarded may be recorded at the end of the occasion.
(g) Each licensed authorized organization purchasing,
leasing, or otherwise utilizing a card-minding system must maintain
a log or other records showing the following:
(1) the date the card-minding system was installed
or removed; and
(2) the name and license number of the distributor
from which the card-minding system was purchased, leased or otherwise
obtained.
(h) If multiple licensed authorized organizations hold
an interest in a card-minding system, a single record identifying
each licensed authorized organization should be retained on the premises
where the card-minding system is utilized.
(i) The licensed authorized organization must retain
all records, reports, and receipts relating to the card-minding system's
transactions, maintenance, and repairs for a period of 48 months for
examination by the Commission. Such records shall be kept on the premises
where the licensed authorized organization is licensed to conduct
bingo, or at a location designated in writing to the Commission by
the licensed authorized organization.
(j) All card-minding devices must be loaded or enabled
for play on the premises where the game will be played.
(k) After the last game of the bingo occasion has been
completed, the licensed authorized organization shall print an occasion
report from the site system.
(l) The bingo player must be physically present during
the game on the premises where the game is actually conducted.
(m) A licensed authorized organization may not add
to or remove any software program related to the conduct of bingo
to an approved card-minding system. If the Commission detects or discovers
a card-minding system at a bingo premises that is using components
or software that were not approved by the Commission as required,
the card-minding system is deemed to have an unauthorized modification.
(n) No licensed authorized organization may display,
use, or otherwise furnish a card-minding device which has in any manner
been tampered with, or which otherwise may deceive the player or affect
a player's chances of winning.
(o) At the time a player establishes a customer account,
the licensed authorized organization must notify the player that any
unclaimed balances in the customer account at the end of the occasion
will be retained by the organization. Information regarding the retention
by the licensed authorized organization of the unclaimed balances
in a customer account at the end of an occasion must be included in
the information the organization must provide to its players pursuant
to §402.200 of this chapter. Any unclaimed balances retained
by the organization under this subsection shall be considered to be
funds derived from the conduct of bingo, deposited into the organization's
bingo account, and reported as other income. However, any unclaimed
balances deposited into the organization's bingo account are restricted
to the organization's charitable purposes, as provided by Texas Occupations
Code §2001.453(2) and §2001.454.
(1) For a licensed authorized organization that conducts
bingo through a unit created and operated under Texas Occupations
Code Chapter 2001, Subchapter I-1, any balances on a customer account
may be used by the customer for any bingo occasion conducted on the
same day of any of the organizations in the unit on the premises specified
in their bingo licenses.
(2) For a licensed authorized organization that conducts
bingo on consecutive occasions within one 24-hour period, any balances
on a customer account may be used by the customer during either occasion.
(p) A licensed authorized organization must comply
with the requirements in §402.200(b)(6) of this chapter regarding
all bingo equipment malfunctions, including customer accounts on a
card-minding system.
(q) Each licensed authorized organization must ensure
that the card-minding system records the actual selling price of each
card-minding device and electronic bingo card sold.
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| Source Note: The provisions of this §402.325 adopted to be effective July 1, 2012, 37 TexReg 4907; amended to be effective September 1, 2014, 39 TexReg 6834; amended to be effective August 1, 2016, 41 TexReg 5505 |
