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."
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.