|(a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise:
(1) Bingo liability--Includes, but is not limited to,
any applicable license fee, late license renewal fee, prize fee, penalty,
interest, or administrative penalty.
(2) Regular license--A license to conduct bingo that
is effective for a period of one year unless revoked or suspended
by the Commission. A regular license may be referred to as an annual
(3) Temporary license--A license to conduct bingo that
is in effect for a single bingo occasion.
(1) Requirements. The Commission may not issue a temporary
license if the applicant has failed to file a required report, failed
to pay a bingo liability, has not distributed the proceeds calculated
on the quarterly report for a charitable purpose, or has a regular
license in administrative hold.
(2) Duration. A temporary license is valid for no more
than four consecutive hours during any day.
(3) Display. The licensed authorized organization must
conspicuously display during a temporary bingo occasion at the licensed
bingo premises a temporary license, and, if applicable, verification
of notification as referred to in subsection (d)(3)(D) of this section.
(4) Voluntary surrender of regular license.
(A) An authorized organization that no longer holds
a regular license to conduct bingo may conduct any remaining designated
temporary occasions so long as the total number of occasions does
not exceed six per calendar year. If over six previously specified
occasions remain, the licensed authorized organization must provide
to the Commission written notification of no more than six of the
dates of the temporary licenses that will be utilized. This notification
must be provided within ten days of surrender of the regular license.
The Commission will automatically revoke all temporary licenses in
excess of the six per year.
(B) If the Commission denies or revokes a regular license
by final and unappealable order, any temporary license held by the
regular license holder that stated the specific date and time of any
bingo occasion will likewise be denied or revoked.
(5) All records that are required to be maintained
under a regular license must be maintained for a temporary bingo license.
(c) The playing time of a temporary bingo occasion
may not conflict with the playing time of any other license at the
bingo premises on that date unless otherwise provided by law.
(d) Regular license holder.
(1) A regular license holder must apply for a temporary
license at least seven calendar days prior to the bingo occasion.
(2) Quarterly reports filed by a regular license holder
must include proceeds from all licensed temporary occasions held during
(3) The Commission may issue a temporary license to
a regular license holder without listing the specific date or time
of a bingo occasion. The temporary bingo occasion must be conducted
at the same location as shown on the organization's regular license.
(A) The regular license holder must submit an application
on the prescribed form that indicates the number of temporary licenses
requested for the license period.
(B) The regular license holder must notify the Commission
of the date and time the temporary license will be used by submitting
a form prescribed by the Commission.
(C) Any temporary license issued without the specific
date or time identified must be used prior to the expiration date
of the regular license in effect at the time the temporary license
application was filed.
(D) The Commission shall provide a verification of
receipt of notification that must be posted adjacent to the applicable
temporary license during the bingo occasion.
(4) In accordance with Occupations Code, §2001.108(e),
the Commission may issue to a regular license holder additional temporary
licenses in excess of the number of temporary licenses specified under
Occupations Code, §2001.103(e) if the following conditions are
(A) The regular license holder submits a completed
application on the form prescribed by the Commission;
(B) The date and times stated on the application are
consistent with the day and times licensed to the organization that
has ceased or will cease to conduct bingo as provided in Occupations
Code, §2001.108; and
(C) The Commission has not acted on an amendment application
filed under Occupations Code, §2001.108(a).
(5) If the organization is issued the amendment license
filed under Occupations Code, §2001.108 prior to being issued
the temporary license, the temporary license application shall be
(e) Non-regular license holder. A non-regular license
holder that wishes to conduct a bingo occasion must file a complete
application for a temporary license on a form prescribed by the Commission
at least 30 calendar days prior to the bingo occasion.
(1) If an organization has never received a temporary
license or 3 years have elapsed since the organization last held a
temporary bingo occasion, the organization must submit a Texas Application
for Temporary Bingo Occasions for Non-Licensed Organization - Section
(2) Organizations who have held a temporary license
occasion in the past three years may submit Texas Application for
a Temporary Bingo Occasions for Non-Licensed Organization - Section
1 to apply for a temporary license.
|Source Note: The provisions of this §402.401 adopted to be effective March 21, 2005, 30 TexReg 1630; amended to be effective March 9, 2010, 35 TexReg 1999; amended to be effective February 25, 2015, 40 TexReg 815; amended to be effective December 31, 2017, 42 TexReg 7392