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RULE §402.401Temporary License

(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 license.

  (3) Temporary license--A license to conduct bingo that is in effect for a single bingo occasion.

(b) General.

  (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 the quarter.

  (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 met:

    (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 discontinued.

(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.

  (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

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