AN ACT TO AUTHORIZE NONPROFIT ORGANIZATIONS TO OPERATE "GAME NIGHTS," TO PROVIDE FOR THE REGULATION OF NONPROFIT ORGANIZATIONS HOLDING "GAME NIGHTS," AND TO ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES AT "GAME NIGHTS." Enacted May 10, 2019. Effective June 1, 2019.
Bill Summaries: H130 (2019-2020 Session)
Summary date: May 13 2019 - View summary
Summary date: Apr 18 2019 - View summary
Senate amendment #1 amends the 6th edition to change the effective date of the act from May 1, 2019, to June 1, 2019.
Summary date: Apr 16 2019 - View summary
Senate committee substitute makes the following changes to the 5th edition.
Amends proposed GS 14-309.26 to limit the provision allowing regional or county chapters of an exempt organization to conduct game nights independently of its parent organization to those chapters that have been in continuous existence for at least five years.
Summary date: Apr 10 2019 - View summary
Senate committee substitute makes the following changes to the 4th edition.
Amends proposed GS 14-309.36, to requrie gaming tables and equipment be inspected at least one time per calendar year (was, at least four times).
Summary date: Mar 25 2019 - View summary
House committee substitute makes the following changes to the 3rd edition.
Amends proposed GS 14-309.25, now defining exempt organization to mean an organization that has been in continuous existence for at least five years and that is exempt from taxation under section 501(c)(3), (c)(4), (c)(5), or (c)(6) of the US Internal Revenue Code (previously required the organization to have been in continuous existence in the county of operation of the game night for at least five years and be exempt from taxation by the specified laws).
Amends proposed GS 14-309.26, regarding the operation of game nights, to now provide that each regional or county chapter of an exempt organization is eligible to conduct game nights in accordance with new Part 4, as enacted, independently of its parent organization.
Summary date: Mar 20 2019 - View summary
House committee substitute makes the following changes to the 2nd edition.
Amends GS 14-309.27 to require that a game night permit application be submitted to the Alcohol Law Enforcement Headquarters (was, to the central office or to the Alcohol Law enforcement district office with jurisdiction over the qualified facility agreeing to host the event).
Amends GS 14-309.29 by adding that for purposes of the provision governing prizes that may be awarded, the term "cash prize" includes gift cards that are issued by a financial institution or its operating subsidiary and that are usable at multiple unaffiliated sellers of goods or services. Makes organizational changes. Makes conforming changes to GS 14-309.34.
Amends GS 14-309.35 by adding to the conditions that must be met in order for gaming tables and equipment possessed or transported under new Part 4 to not be subject to seizure to require that they be used solely in game night events in addition to being registered. Decreases the fee for the gaming equipment sticker from $50 to $25. Adds that the Alcohol Law Enforcement Branch may inspect, without notice, any gaming table or other gaming equipment used in a game night event at any time immediately prior to or during the game night event. Makes it a Class 1 misdemeanor to use a gaming table or equipment in a game night event that does not comply with the registration requirements (was, possess or transport a gaming table or equipment that violates the registration requirement was a Class 1 misdemeanor).
Amends GS 14-309.36 to require a game night vendor permit application be submitted to the Alcohol Law Enforcement Headquarters (was, to the central office). Increases the permit fee from $1,000 to $2,500; expands the allowable uses of the fee to include ensuring compliance with the statute (governing the permit procedure for game night vendors). Allows denial of a game night vendor permit to a person, firm, or corporation that (1) has a conviction for any violation of state or federal gambling laws within the five years prior to the date of application, (2) has pending charges for any violation of state or federal gambling laws, (3) is subject to an active criminal or civil court order prohibiting involvement in gambling activities, or (4) has a conviction for a felony. Expands upon the classes of individuals that a game night vendor permittee may not employ to also include a person who (1) has a conviction for any violation of state or federal gambling laws within the five years prior to the date of employment, (2) has pending charges for any violation of state or federal gambling laws, or (3) is subject to an active criminal or civil court order prohibiting involvement in gambling activities. Adds a requirement that the Alcohol Law Enforcement Branch inspect gaming tables and equipment of each game night vendor at least four times per calendar year and allows additional inspections reasonably necessary to ensure compliance with registration and permit requirements. Sets out additional requirements for the inspections.
Enacts new GS 14-309.37 specifying that nothing in the Part authorizes the possession, transportation, or use of any slot machine, video gaming machine, or electronic machine or device prohibited under GS 14-304 through 14-309.
Summary date: Feb 27 2019 - View summary
House committee substitute makes the following changes to the 1st edition. Amends GS 14-309.30 by deleting from the games that may be played at a game night event any other game specified in the permit application and approved by Alcohol Law Enforcement.
Amends proposed GS 14-309.35 as follows. Adds the requirement that any gaming table or gaming equipment possessed or transported for use in a game night event must be registered with the Alcohol Law Enforcement Branch of the DPS and requires a sticker affixed with a unique number which is accompanied by a $50 fee that must be renewed annually. Makes possession or transportation of a gaming table or gaming equipment that violates this subsection a Class 1 misdemeanor. Makes conforming changes.
Enacts new GS 14-309.36 prohibiting receiving compensation for providing gaming tables or gaming equipment for use in a game night without obtaining a permit. Charges a $1,000 permit fee. Requires all gaming tables and gaming equipment owned or possessed by a game night vendor to be registered. Requires the Alcohol Law Enforcement Branch to inspect the gaming tables and equipment before a game night begins and requires a $250 fee to be paid for each inspection. Prohibits a person who has a felony conviction from being employed as a game night vendor.
Summary date: Feb 20 2019 - View summary
Identical to S 66, filed 2/14/19.
Enacts Part 4 in Article 37 of GS Chapter 14 authorizing and regulating "game nights" held by nonprofit organizations. A nonprofit organization operating a game night must first obtain a permit by submitting an application with complete information including a $100 fee to either the central office or district office of the Alcohol Law Enforcement Section of the Department of Public Safety. Requires permits be displayed at game night events. Nonprofit organizations are prohibited from operating more than four game night events per year and each event must not exceed 5 hours. Regulates the timing of the events and sets out other limitations on the games. Limits the costs of prizes and expenses from exceeding the event proceeds. Cash prizes are prohibited and prizes are required to be awarded by raffles. Games are limited to roulette, blackjack, poker, craps, simulated horse racing, merchandise wheel of fortune, or any other games specified in the permit application and approved by Alcohol Law Enforcement. Requires hired game night vendors be paid at a fixed fee. Violations of game night regulations are punishable as Class 2 misdemeanor, with responsibility placed upon the person applying for the permit on behalf of the nonprofit organization. Limits the applicability of the Part to areas of the state located east of I-26 as it was located on November 28, 2011. Provides qualified facilities immunity from civil or criminal liability for violations of the Part if the nonprofit organization provided the facility with the permit for the game night event. Establishes that it is lawful for an employer or trade association, with 25 or more employees, to hold a game night event for employees and guests, so long as (1) there is no cost or charge to attendees; (2) the employer or trade association obtains a permit and pays the required fee set out in new GS 14-309.27; and (3) the game night event is held at a qualified facility, as defined in new GS 14-309.25(4). Adds that verification of tax-exempt status and licensure or exemption under GS Chapter 131F required by GS 14-309.27(b)(3) and (4) are not required from an applicant for a permit if the applicant is required to obtain the permit pursuant to the provisions of GS 14-309.34.
Enacts GS 14-309.35, making it lawful to possess or transport gaming table or equipment solely for use in game night events.
Makes clarifying changes to proposed GS 18B-1000(5a), defining qualified facility.
Directs the Department of Public Safety to make a report to the 2020 General Assembly detailing the game night event permit administration, as specified, including recommended changes to the act, if any.
Effective May 1, 2019. Voids the act if any portion of the act is held unconstitutional, or if the passage of the act would cause the State to forfeit payments due under a compact entered into between the State and a federally recognized Indian tribe.