2009 alabama senate bill 471 - bingo bill
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SB4711
108626-22
By Senator Ross (Constitutional Amendment)3
RFD: Tourism and Marketing4
First Read: 05-MAR-095
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108626-2:n:02/27/2009:JRC*/ll LRS2009-1413R11
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SYNOPSIS: This bill proposes additions to the Alabama8
Constitution to repeal Amendments No. 386, 440,9
506, 508, 549, 550, 569, 600, 674, 732, 743, and10
744 of the Alabama Constitution that authorize11
bingo to be conducted by or on behalf of nonprofit12
organizations in Calhoun, Etowah, Greene, Houston,13
Jefferson, Macon, Mobile, and Walker Counties, and14
the City of White Hall in Lowndes County,15
authorizes bingo in such political subdivisions of16
the state, authorizes and requires the execution of17
a state compact with Indian bingo facilities,18
levies taxes on bingo operations, limits bingo19
throughout the state while enhancing tourism20
through the creation of points of destination, and21
creates a state gaming commission to regulate bingo22
in Alabama and enforce the gambling laws of the23
state.24
25
A BILL26
TO BE ENTITLED27
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AN ACT1
2
Amendment No. 386 and Amendment No. 600 relating to3
the operation of bingo games by or on behalf of nonprofit4
organizations in Jefferson County, Amendment No. 440 relating5
to the operation of bingo games by or on behalf of nonprofit6
organizations in Mobile County, Amendment No. 506 relating to7
the operation of bingo games by or on behalf of nonprofit8
organizations in Etowah County, Amendment No. 508 relating to9
the operation of bingo games by or on behalf of nonprofit10
organizations in Calhoun County, Amendment No. 549 relating to11
the operation of bingo games by or on behalf of nonprofit12
organizations in Walker County, Amendment No. 550 relating to13
the operation of bingo games by or on behalf of nonprofit14
organizations in the City of Jasper in Walker County,15
Amendment No. 569 relating to the operation of bingo games by16
or on behalf of nonprofit organizations in Houston County,17
Amendment No. 743 relating to the operation of bingo games by18
or on behalf of nonprofit organizations in Greene County, and19
Amendment No. 744 relating to the operation of bingo games by20
or on behalf of nonprofit organizations in Macon County are21
repealed. Amendment No. 674 and Amendment No. 732 relating to22
the operation of bingo games by or on behalf of nonprofit23
organizations in the City of White Hall in Lowndes County are24
superceded by this amendment. The amendment further authorizes25
bingo in such political subdivisions of the state, authorizes26
and requires the execution of a state compact with Indian27
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bingo operators, levies taxes on bingo games, limits bingo1
throughout the state while enhancing tourism through the2
creation of points of destination, and creates a state gaming3
commission for the regulation of bingo games and for the4
enforcement of the gambling laws of the state.5
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:6
Section 1. The following amendment to the7
Constitution of Alabama is hereby proposed and shall become8
valid as a part of said Constitution when approved in9
accordance with such provisions of Sections 284, 285, and 28710
of said Constitution and Amendment No. 555 thereto as shall be11
applicable:12
PROPOSED AMENDMENT13
(a) Amendment 386 of the Constitution of Alabama of14
1901, is repealed.15
(b) Amendment 440 of the Constitution of Alabama of16
1901, is repealed.17
(c) Amendment 506 of the Constitution of Alabama of18
1901, is repealed.19
(d) Amendment 508 of the Constitution of Alabama of20
1901, is repealed.21
(e) Amendment 549 of the Constitution of Alabama of22
1901, is repealed.23
(f) Amendment 550 of the Constitution of Alabama of24
1901, is repealed.25
(g) Amendment 569 of the Constitution of Alabama of26
1901, is repealed.27
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(h) Amendment 600 of the Constitution of Alabama of1
1901, is repealed.2
(i) Amendment 674 of the Constitution of Alabama of3
1901, is repealed.4
(j) Amendment 743 of the Constitution of Alabama of5
1901, is repealed.6
(k) Amendment 744 of the Constitution of Alabama of7
1901, is repealed.8
(l) Amendment 732 of the Constitution of Alabama of9
1901 is superceded by this amendment.10
"Section 2. Declarations. Because Alabama has11
experienced a proliferation of bingo gaming throughout the12
state, it is of paramount importance for such bingo13
enterprises to be limited, regulated, and taxed. This14
amendment authorizes bingo to be conducted at points of15
destination in Calhoun, Etowah, Greene, Houston, the City of16
Birmingham, Macon, Mobile, and Walker Counties, and the City17
of White Hall in Lowndes County, and through taxation of18
bingo, enhances the economic viability of such areas and19
raises additional revenue for the state General Fund to20
benefit the State Medicaid program and the Education Trust21
Fund for the benefit of the public schools. This amendment22
also authorizes a compact between the state and Indian bingo23
operators to seek funds in lieu of taxes for the Education24
Trust Fund for public schools and the state General Fund for25
the benefit of the state Medicaid program. To prohibit the26
proliferation of illegal and unregulated gaming in the state,27
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this amendment further creates a state gaming commission for1
the regulation of bingo and for the enforcement of gambling2
laws of this state and prescribes certain conditions and3
prohibitions governing gaming activities. This amendment4
further prescribes minimum investment requirements in5
non-gaming amenities at points of destination to assure that6
bingo revenues serve as a catalyst to create jobs and develop7
an entertainment and tourism industry in the state.8
"Section 3. Definitions. As used in this amendment,9
the following words and phrases shall have the following10
respective meanings:11
"BINGO" means a game of chance incorporating the12
following elements: (i) the game must be played on a grid of13
five horizontal rows intersected by five vertical rows, with14
each row divided into five contiguous squares contained within15
the grid; (ii) the game must be played by multiple players16
with each player being assigned one or more grids; (iii) each17
square of each of the grids used in playing the game must be18
identified by a number or symbol, and all the numbers or19
symbols so used to identify the squares of the grids available20
for play must be included in an aggregation of such numbers or21
symbols from which selection can be made for each round of22
play; (iv) for each round of play numbers or symbols are23
selected by a procedure or mechanism entirely or predominantly24
governed by chance and, as such numbers or symbols are25
selected in a particular game, the same numbers or symbols, if26
they are present on one or more of the squares on any grid in27
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play, are covered or otherwise marked on such grid; (v) the1
winner or winners of a particular game are the players of2
those grids for which a previously designated pattern or3
arrangement is first covered or marked; (vi) the game cannot4
be played by a solitary player, and one or more players must5
compete against one or another for prizes within an6
establishment; (vii) every game must have one or more winners;7
(viii) monetary wagers may be collected from the players of8
bingo for the opportunity to participate in the game, and such9
wagers may vary in amount to reflect the value of the prize10
for winning a particular game, whether the wager is for11
participation in the whole game or a particular phase thereof,12
as well as other factors depending upon the interplay of the13
amount wagered, the size of the prize and the probability of14
winning; and (ix) the prizes for winning the game can be money15
or anything else of value without limit as to amount. Subject16
to the restrictions contained in this amendment, bingo can be17
played with different kinds of equipment varying from the use18
of tokens to cover the designated squares on traditional cards19
to the use of bingo equipment to operate the game and interact20
with human players by means of video consoles. Consolation or21
interim prizes for particular games may be given to players.22
"BINGO GROSS REVENUE", when used with reference to23
any facility conducting bingo means the total amount of money24
or value in any form received by the operator of a bingo25
establishment derived directly from the playing of bingo using26
bingo equipment, less the total amount of money or value in27
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any form paid as winnings to the players of bingo, but before1
deduction of any expenses incurred in operating the bingo2
establishment, including, without limitation thereto,3
depreciation or leasing costs of physical facilities and4
equipment, wages and other employment costs, utilities,5
interest and taxes; provided that bingo gross revenue shall6
not include all or any part of the amounts wagered in7
pari-mutuel pools on racing and, further, shall not be8
construed as constituting any amount wagered in such9
pari-mutuel pools for the purpose of determining any tax10
levied on pari-mutuel wagering or for any other purpose.11
"COMMISSION" means the State Gaming Commission12
created by this amendment.13
"COMPACT" means the agreement between the state and14
the Poarch Band of Creek Indians for their Indian gaming15
facilities as described and governed by the Indian Gaming16
Regulatory Act of 1988.17
"TRADITIONAL BINGO EQUIPMENT" means traditional18
paraphernalia used in playing bingo and electronic or19
mechanical equipment used to facilitate the playing of paper20
or card bingo, including, without limitation thereto,21
mechanical or electronic systems for selecting by chance the22
numbers or symbols that are covered or otherwise marked on the23
grids used in bingo games, electronic or computer terminals24
that enable an individual player to play multiple cards or25
grids in a single game, electronic or video display equipment26
that shows the progress, results and payoffs of bingo games,27
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and electronic networks that connect player terminals for1
automatic marking of selected numbers or symbols and automatic2
recognition of the winner or winners of bingo games; provided,3
however, that no paraphernalia or equipment used in playing4
bingo pursuant to a local bingo amendment shall be deemed to5
constitute traditional bingo equipment unless the use thereof6
shall be lawfully authorized by the independent construction7
of such local bingo amendment without taking into account any8
provision of this amendment; provided further that bingo shall9
not be conducted at any location pursuant to a local bingo10
amendment, whether or not using traditional bingo equipment,11
under conditions where more than one bingo game per minute is12
played at such location. No equipment or device of any kind13
shall qualify as traditional bingo equipment if it is used to14
play, or facilitate the playing of, more than one bingo game15
per minute in any single building, hall or other location used16
for playing bingo.17
INDIAN GAMING FACILITY" means the Indian gaming18
establishments existing in Escambia, Elmore, and Montgomery19
Counties at the time of the adoption of this amendment.20
"LOCAL BINGO AMENDMENT" means any amendment to the21
Constitution of Alabama other than this amendment which22
authorizes bingo to be played in a particular county or23
municipality and which was adopted prior to the effective date24
of this amendment by the affirmative vote of the entire25
electorate of the state pursuant to Section 284 of the26
Constitution or, alternatively, was adopted at any time,27
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whether before or after the effective date of this amendment,1
by the affirmative vote of the electorate of a single county2
pursuant to Amendment No. 425 or Amendment No. 555 to the3
Constitution.4
"OPERATOR" means any person, corporation or other5
legal entity now or hereafter licensed to conduct bingo.6
"POINT OF DESTINATION" means a licensed bingo7
location designated in Section 9 of this amendment whereby a8
parcel of land containing a physical plant owned by a9
racetrack or other business, governmental entity, or10
charitable organization houses at least one thousand (1,000)11
bingo machines using bingo equipment and which the cost of the12
bingo playing area of the physical plant of the bingo13
operation, including all non-bingo equipment and fixtures14
functioning as a part of the bingo operation but excluding15
bingo equipment, is half or less of the total cost of the16
entire physical plant, land, outbuildings, parking areas,17
infrastructure, fixtures, and equipment located on the same18
parcel of land owned by such racetrack or other business,19
governmental entity, or charitable organization housing such20
bingo operation and whereby the entire cost of such location21
exceeds fifty million dollars ($50 million), provided,22
however, the two existing licensed bingo locations using bingo23
equipment in the City of Whitehall in Lowndes County shall not24
require any minimum investment, the entire cost of each point25
of destination in Greene County shall exceed twenty-five26
million dollars ($25 million), and the entire cost of each27
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point of destination using bingo equipment in the City of1
Birmingham and Mobile County shall exceed one hundred million2
dollars ($100 million). A bingo licensee at a point of3
destination shall have three years following the effective4
date of this amendment to comply with these minimum investment5
requirements to be a point of destination, unless the state6
gaming commission for good cause shown allows an extension of7
time for such bingo licensee to comply with the minimum8
investment requirements for a period not to exceed five years9
from the effective date of this amendment.10
"RACETRACK" or "RACING FACILITY", when used with11
respect to any facility located in the state, means a single12
facility at which pari-mutuel wagering on live or telecast13
racing events is authorized by law when this amendment shall14
become effective, together with any observation facilities,15
authorized equipment, restaurants, and other physical16
facilities and improvements that together constitute such17
racing facility, including facilities necessary or desirable18
for conducting bingo. There are four racetracks located in the19
state, one in Mobile County, one in Macon County, one in the20
City of Birmingham in Jefferson County, and one in Greene21
County.22
"BINGO EQUIPMENT" means any electronic or electrical23
equipment or device, computer or related equipment,24
telecommunication or data transmission, storage or receiving25
equipment, or system or network of any thereof, including all26
software and electronic programming instructions that are27
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necessary or useful in the operation thereof, (i) which is1
installed, or is to be installed, at a licensed bingo facility2
and (ii) which is used, or can be used, to conduct bingo as3
defined in this amendment. Bingo equipment includes equipment4
of any kind that facilitates the playing of bingo games only5
on site, increases the number of players on site participating6
in common games, or allows players of bingo to compete against7
other players at points of destination. Examples of bingo8
equipment located on site include, but are not limited to,9
electronic play stations, terminals and consoles, including10
those capable of video displays of game activities and11
results, specialized or general computers of every kind,12
digital servers, routers, switches, modems and circuits at13
every level of an interconnected network, data processing14
equipment facilitating the operation of networks of bingo15
equipment, telecommunication and data transmission and16
receiving equipment, and other related equipment of every17
kind. The prizes or payoffs, or evidences thereof, for winning18
bingo games may be disbursed, at the time each game is won, by19
the play stations, terminals and consoles constituting bingo20
equipment and used in playing such games, or such prizes or21
payoffs may be paid through different arrangements that22
reflect a record of wins and losses involving multiple games.23
With respect to installations of bingo equipment at a point of24
destination, an unlimited number of separate games of bingo25
may be played on a single play station, terminal or console,26
or on a network of multiple play stations, terminals and27
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consoles, within any interval of time, whether minute, hour,1
day or year. If the games played with bingo equipment are not2
inconsistent with the conditions and requirements of the3
definition of "bingo" contained in this amendment, then the4
presence or absence of any particular feature of traditional5
bingo, as defined in or contemplated by a local bingo6
amendment, with respect to the operation of such bingo7
equipment shall not be considered in determining whether such8
games constitute bingo authorized by this amendment to be9
played on bingo equipment, including, without limitation10
thereto, (i) the use of computer algorithms to select by11
chance the numbers or symbols that are covered or otherwise12
marked on the grids used in bingo games, (ii) the automatic13
covering or marking of the selected numbers or symbols on a14
bingo grid without recognition or intervention by the human15
player, and (iii) the automatic declaration of the winner or16
winners of bingo games without prior recognition or action by17
the human player. The entertainment capabilities of bingo18
equipment may be enhanced by spinning wheels and other video19
or mechanical displays, but such displays and the apparatuses20
used to produce them may not affect the nature or outcome of21
the game of bingo played with such equipment. If the game of22
bingo is played with bingo equipment, the individual play23
stations shall be electronically linked to ensure that24
multiple players are competing against each other. The25
definition of bingo equipment shall not be limited by any26
condition applicable to traditional bingo equipment and shall27
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be liberally construed to facilitate the conduct of bingo as1
applicable under the provisions of this amendment.2
"GROSS RECEIPTS TAX" means the gross receipts tax3
levied by the state pursuant to Section 8 hereof, on all bingo4
or illegal gambling in the state.5
"REVENUE SHARING PLAN" means the amount of6
contribution required under this amendment as a condition for7
a state compact with the Poarch Band of Creek Indians to take8
effect that is at least equal to the gross receipts tax rate9
and gross receipts tax base.10
"Section 4. Scope of Amendment11
(a) After the date of ratification of this12
amendment, any county may authorize bingo through ratification13
of a local constitutional amendment which complies with the14
provisions set forth in this amendment including regulation by15
the state gaming commission, remittance of fees and tax, and16
fulfilling point of destination requirements. Only one point17
of destination may be authorized by the local governing body18
of any jurisdiction authorizing bingo after the ratification19
of this amendment and ratification of a subsequent local20
constitutional amendment.21
(b) For local jurisdictions authorizing bingo under22
a local constitutional amendment as of the date of23
ratification of this amendment, if bingo is conducted using24
bingo equipment at any location other than points of25
destination, any local governing body licensing shall be in26
effect for one hundred twenty (120) days following the27
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effective date of this amendment. After the one hundred twenty1
(120) day period following the effective date of this2
amendment, only bingo licensees at points of destination3
enumerated in Section 9 of this amendment shall be permitted4
to conduct bingo using bingo equipment and all other licenses5
anywhere in the state to conduct bingo using bingo equipment6
shall automatically be revoked except as stated in subsection7
(a) herein.8
(c) If bingo in any form, whether played with9
traditional cards, paper or otherwise, or bingo equipment, is10
conducted under the claimed authorization of a local bingo11
amendment then the succeeding provisions of this subsection12
(c) shall also apply, both retroactively and prospectively, to13
bingo conducted by licensees at points of destination pursuant14
to such local bingo amendment. The conduct of bingo at any15
licensed point of destination with bingo equipment shall not16
be prohibited, limited or impaired by (i) any provision or17
interpretation of Section 65 of the Constitution of Alabama,18
(ii) any provision or interpretation of any local bingo19
amendment, including the particular local bingo amendment20
pursuant to which the licensee at the point of destination has21
heretofore and now conducts bingo in any form or on behalf of22
any charitable organization, (iii) any otherwise applicable23
provisions of Code of Alabama 1975, Title 13A, Chapter 12,24
Article 2, or Code of Alabama 1975, Title 8, Chapter 1,25
Article 8, (iv) any other statute whenever enacted that is26
inconsistent with any provision of this amendment, and (v) any27
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judicial judgment, decision or opinion that would otherwise1
have the effect of prohibiting, limiting or impairing the2
conduct of bingo or bingo equipment in connection therewith.3
(d) Bingo equipment, whether considered separately4
or as a system consisting of multiple components, shall not5
for any purpose be deemed to be a "gambling device" or "slot6
machine" within the meaning of Code of Alabama 1975, 7
13A-12-20(5) and (10).8
(e) In no event shall this amendment preclude any9
nonprofit organization or governmental entity from conducting10
bingo in this state using traditional bingo equipment in11
accordance with a local bingo amendment or in any county where12
bingo is authorized by this amendment and in no event shall13
this amendment preclude any licensed third-party entity14
domiciled in the state from operating a point of destination15
for one or more nonprofit organizations or governmental16
entities.17
"Section 5. Exemptions from Conflicting Laws;18
Compliance with Federal Law.19
(a) The conduct of bingo using bingo equipment at20
points of destination, and any manufacture, sale,21
transportation, installation, possession, ownership, leasing22
or use of authorized equipment or other materials, supplies or23
paraphernalia used in conducting bingo that are authorized24
under and done in accordance with this amendment, shall be25
exempt from laws that prohibit or limit activities of the kind26
authorized by this amendment, including the provisions of Code27
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of Alabama 1975, Title 13A, Chapter 12, Article 2 and the1
provisions of Code of Alabama 1975, Title 8, Chapter 1,2
Article 8.3
(b) The State of Alabama, acting by and through the4
adoption of this amendment, and in accordance with the5
provisions of 15 U.S.C. 1172, does hereby declare that any6
and all bingo equipment, materials, paraphernalia and supplies7
may be transported in interstate commerce into or out of the8
state without violating said 1172, or any other applicable9
federal law, if such bingo equipment, materials,10
paraphernalia, materials and supplies are used, or are to be11
used, or have been used, in the conduct of bingo at licensed12
points of destination.13
"Section 6. Licensees at Points of Destination14
Authorized to Conduct Bingo Using Bingo Equipment and15
Traditional Bingo Equipment.16
(a) The Houston County bingo licensee, the two City17
of White Hall bingo licensees, and each racetrack are hereby18
authorized to conduct bingo using bingo equipment, as well as19
traditional bingo equipment, at the respective point of20
destination designated in Section 9 of this amendment without21
there being required any enabling statutes of the Legislature22
or any additional actions of the applicable racing commission23
or local governing body, with the State Gaming Commission to24
issue a state bingo license without application by such bingo25
licensee. Within ninety days following the effective date of26
this amendment, the local governing body or official(s)27
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designated by local bingo amendment prior to repeal by this1
amendment of each of Calhoun County, Etowah County, Greene2
County, City of Birmingham, Mobile County and Walker County3
shall select operators to conduct bingo using bingo equipment,4
as well as traditional bingo equipment, at the point(s) of5
destination in such county or city other than a point of6
destination comprising a racetrack. The state gaming7
commission shall issue the state bingo license to the operator8
selected by each local governing body or official(s)9
designated by local bingo amendment so long as each operator10
is in compliance with the qualifications of a bingo licensee11
as provided in this amendment.12
(b) Any general or local law, ordinance or13
regulation affecting dog or horse racing and pari-mutuel14
wagering thereon now in effect or hereafter enacted to the15
contrary notwithstanding, the operator of each racetrack shall16
be entitled to conduct business, including both pari-mutuel17
wagering and bingo, with the full participation of betting18
patrons physically on the premises of such racetrack and on19
such days and during such times as such operator determines to20
be necessary or beneficial for the profitability of such21
racetrack; provided, however, that each racetrack must comply22
with all generally applicable laws, local acts, and county and23
municipal ordinances governing the times during which24
businesses serving the general public may sell alcoholic25
beverages.26
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(c) In order to discourage predatory competition1
among the points of destination that may legally conduct bingo2
pursuant to this amendment (including those points of3
destination that may conduct bingo pursuant to local4
amendments as modified by this amendment), the operator of any5
point of destination is authorized to enter into an agreement6
with the operator of another point of destination to share7
profits from the conduct of bingo in such proportions and to8
cooperate in such manner with respect to conducting bingo as9
such operators may deem to be mutually beneficial. The10
provisions of this section (c) shall be retroactive, and any11
such profit sharing or cooperative agreement entered into by12
operators prior to the effective date of this amendment shall13
be given full force and effect and shall be deemed ratified14
and confirmed by this amendment. For purposes of this15
subsection (c), an operator of a point of destination shall be16
deemed to include any corporation, limited liability company,17
partnership or other legal entity qualified to do business in18
Alabama exercising control of, being controlled by, or being19
under common control with, any such operator.20
(d) No licensed bingo operator conducting bingo21
using bingo equipment at a given point of destination shall22
operate without remitting to the state the applicable gross23
receipts tax on all bingo gross revenue.24
(e) No person under the age of nineteen (19) years25
shall be permitted to play any game of bingo using bingo26
equipment, nor shall any person under the age of nineteen27
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years be employed to operate bingo equipment, or to facilitate1
the playing of bingo using bingo equipment, or to serve any2
persons playing bingo using bingo equipment. This subsection3
(d) shall not be construed to prohibit persons under the age4
of nineteen (19) years from being allowed on the premises of a5
facility where bingo is played or being served in food and6
beverage service operations located in such facility.7
(f) The racing commissions respectively having8
jurisdiction of the racetracks, in addition to the powers that9
each thereof has under existing law, shall have the same10
powers to regulate and supervise the conduct of bingo as each11
has to regulate and supervise racing activities and12
pari-mutuel wagering thereon, with such modification of such13
powers, not inconsistent with the provisions of this14
amendment, as is necessary or appropriate to adapt them to the15
purposes of regulating and supervising bingo; provided,16
however, the regulatory and supervisory power of each local17
racing commission over bingo shall be subordinate to the18
regulatory and supervisory power of the state gaming19
commission over the conduct of bingo at the racetrack with any20
enforcement action of the state gaming commission to control21
and prevail.22
(g) All monetary obligations in contracts between a23
bingo operator and nonprofit organizations or in contracts24
between a bingo operator and a local governing body entered25
into prior to the effective date of this amendment shall26
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remain in full force and effect and shall not be terminated as1
a result of this amendment.2
"Section 7. Indian gaming facilities, state compact3
authorized.4
(a) On or before January 1, 2014, the Governor is5
hereby authorized and directed to enter into, and execute, in6
good faith, a compact with Indian gaming facilities located on7
tribal lands which have been owned by the Poarch Band of Creek8
Indians since on or before October 17, 1988.9
(b) The Governor shall not execute such compact10
without a Revenue Sharing Plan included in such compact.11
(c) Further, the Governor shall not execute such12
compact with any authorization for casino-style table games13
that include participation of a human dealer, such as craps,14
black jack, roulette, or keno.15
(d) Such compact will provide the state with revenue16
from otherwise untaxed Indian gaming and limit the type of17
Indian gaming in the state without expansion of Indian gaming18
at the Indian gaming facilities by the United States19
Department of Interior.20
"Section 8. State Gross Receipts Tax and Use of the21
Proceeds Thereof.22
(a) A state gross receipts tax on bingo games using23
bingo equipment at each point of destination is hereby levied24
in an amount equal to twenty percent (20%) of the bingo gross25
revenue derived by the operator therefrom. However, due to the26
significant investment commitments already made by certain27
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bingo licensees prior to this amendment, the state gross1
receipts tax rate on bingo gross revenue at the points of2
destination located in the City of Whitehall in Lowndes3
County, and the points of destination located in Houston4
County, Greene County and Macon County shall be ten percent5
(10%) for the first five years following the effective date of6
this amendment and twenty percent (20%) thereafter. There7
shall also be a state gross receipts tax on bingo games using8
bingo equipment at all other bingo establishments licensed by9
a local governing body located in counties and municipalities10
authorized to have bingo facilities under the provisions set11
forth in this amendment for one hundred twenty (120) days12
following the effective date of this amendment in an amount13
equal to twenty percent (20%) of the bingo gross revenue14
derived therefrom. The state gross receipts tax for each15
calendar month shall be paid to the Alabama Department of16
Revenue by the operator of each such licensed or any17
unauthorized gaming establishment on or before the twentieth18
day of the next succeeding calendar month. A state gross19
receipts tax of fifty percent (50%) on all gross revenue on20
all unauthorized gaming establishments is also hereby levied21
in addition to any other civil or criminal liabilities. For22
purposes of the preceding sentence, gross revenue shall23
include the gross revenue of such unauthorized gaming24
establishment before deduction of any disbursement of winnings25
to patrons of such unauthorized gaming establishment.26
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(b) The Alabama Department of Revenue shall have the1
same power to make regulations respecting the reporting,2
collection and enforcement of the state gross receipts tax as3
it has with respect to the pari-mutuel pool tax levied by Code4
of Alabama 1975, Title 40, Chapter 26A, with necessary and5
appropriate changes to reflect the different nature of the6
state gross receipts tax on bingo. The levy, collection and7
enforcement of the state gross receipts tax shall be8
administered by the Alabama Department of Revenue in9
accordance with the Taxpayers Bill of Rights and Uniform10
Revenue Procedures Act, as codified in Chapter 2A of Title 4011
of the Code of Alabama 1975, or amendatory or successor law.12
(c) For administrative purposes, the Alabama13
Department of Revenue shall establish separate accounts in the14
State Treasury for the bingo licensee for each point of15
destination, and the total amount of state gross receipts tax16
collected from each such point of destination licensee shall17
be credited as received to the related account. For the fiscal18
year of the state in which this amendment shall become19
effective, and for each fiscal year thereafter while the levy20
and collection of the state gross receipts tax shall remain in21
effect, there shall be appropriated by the Legislature, as a22
first charge against the state gross receipts tax, such amount23
of the actual expenses of the Alabama Department of Revenue as24
shall be necessary to administer the levy, collection and25
enforcement of the state gross receipts tax. Amounts equal in26
aggregate to the annual appropriation for the administration27
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of the state gross receipts tax shall be charged to and1
withdrawn from the separate accounts in proportion to the2
gross collections of state gross receipts tax respectively3
credited each account; however, no such collection amount4
shall exceed one percent (1%) of all gross receipts tax5
proceeds.6
(d) All proceeds of the state gross receipts tax not7
required to satisfy the prior appropriation pursuant to8
subsection (c) of this Section 6 are hereby dedicated and9
appropriated to the Education Trust Fund for the benefit of10
public schools in the state and to the state General Fund for11
the benefit of the state Medicaid program. The Education Trust12
Fund shall receive seventy percent (70%) of gross receipts tax13
proceeds and the General Fund shall receive thirty percent14
(30%) of gross receipts tax proceeds for the benefit of the15
state Medicaid program.16
"Section 9. Limit in the number of bingo points of17
destination.18
The following counties shall be allowed the19
following points of destination:20
(a) Calhoun County, two points of destination;21
(b) Etowah County, one point of destination;22
(c) Greene County, two points of destination, both23
of which shall be owned by the racetrack in Greene County;24
(d) Houston County, one point of destination;25
(e) Jefferson County, two points of destination, one26
of which shall be the racetrack in the City of Birmingham in27
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Jefferson County and one of which shall be another location in1
the City of Birmingham;2
(f) Lowndes County, two points of destination in the3
City of White Hall;4
(g) Walker County, two points of destination;5
(h) Mobile County, one point of destination which6
shall be the racetrack in Mobile County; and7
(i) Macon County, one point of destination, which8
shall be the racetrack in Macon County.9
"Section 10. State Gaming Commission, creation,10
powers.11
(a) There is hereby created a State Gaming12
Commission (the "commission") which shall oversee, regulate,13
provide for consumer protection and safety of gaming patrons,14
enforce gaming laws of the state, and provide for licensing of15
all gaming operations in the state.16
(b) The commission shall consist of seven (7)17
members of which one member shall be appointed by the Governor18
with the advice and consent of the Senate, one member shall be19
appointed by the Attorney General with the advice and consent20
of the Senate, one member shall be appointed by the Lieutenant21
Governor with the advice and consent of the Senate, one member22
shall be appointed by the President Pro-Tempore of the Senate23
with the advice and consent of the Senate, one member shall be24
appointed by the Speaker of the House of Representatives with25
the advice and consent of the Senate, one member shall be26
appointed by the Speaker Pro-Tempore of the House of27
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Representatives with the advice and consent of the Senate, and1
one member shall be appointed by the Chief Justice of the2
state Supreme Court with the advice and consent of the Senate.3
These members, where possible, shall represent the gender and4
racial diversity of the State. Members appointed when the5
Legislature is not in regular session may serve until or6
unless the Senate rejects the appointment at the next regular7
or special session of the Legislature.8
(1) Members of the commission shall be residents of9
the State of Alabama, shall be prominent persons in their10
businesses or professions, and shall not have been convicted11
of a felony. A member of the commission shall not have been12
employed by the gaming industry for a period of five years13
prior to his or her appointment or following his or her14
service. No person actively engaged or having a direct15
pecuniary interest in gaming activities shall be a member of16
the commission.17
(2) Except for the initial term of office, members18
shall serve for terms of five years. Any vacancy occurring on19
the commission shall be filled for the unexpired term by the20
appointing authority as described in this section. The initial21
term of office upon ratification of this amendment shall be22
one year for two members, two years for two members, three23
years for two members, and four years for one member. The24
initial term of a member shall be determined by lot. The25
respective appointing authorities shall meet at the call of26
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the Governor at a meeting to be held within 30 days of1
ratification of this amendment to draw lots.2
(3) Members of the commission and its employees3
shall be subject to the Ethics Law, Section 36-25-1, et seq.,4
Code of Alabama 1975, and the commission shall be subject to5
the Administrative Procedures Act.6
(4) Each member of the commission shall serve for7
the duration of his or her term and until his or her successor8
shall be duly appointed and qualified; provided, however, that9
in the event that a successor is not duly appointed and10
qualified within one hundred twenty (120) days after the11
expiration of the member's term, a vacancy shall be deemed to12
exist.13
(5) A commission member may be removed from office14
for misconduct in office, willful neglect of duty, or other15
conduct evidencing unfitness for his or her office, or for16
incompetence. A proceeding for removal may be instituted by17
the Attorney General in the Circuit Court of Montgomery18
County, Alabama. Notwithstanding any provision of this or any19
other act, any commissioner or employee of the commission20
shall automatically forfeit his or her office or position upon21
conviction of a felony.22
(6) Each member of the commission staff may be paid23
an annual salary that shall not exceed that established by the24
State Personnel Board.25
(b) The officers of the commission shall include a26
Chair and a Vice-Chair who shall be members of the commission,27
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and an Executive Director who shall not be a member of the1
commission.2
(1) The Chair shall be elected annually at the3
organizational meeting of the commission by a majority of the4
full commission. The Chair, as chief executive officer of the5
commission, shall schedule and preside at all meetings of the6
commission; shall appoint the members of the commission to7
such committees as the commission may, from time to time,8
establish; shall have the authority to accept for filing all9
applications; shall have the authority to incur on behalf of10
the commission such expenses as the commission shall have11
approved in its operating budget; shall have general12
supervision, direction and control of the affairs of the13
commission; and shall perform such other duties as are14
incidental to the office and as may be assigned, from time to15
time, by the commission.16
(2) The Vice-chair shall be elected annually at the17
organizational meeting of the commission by a majority of the18
full commission. The Vice-chair shall be a member of the19
commission other than the Chair. He or she shall possess such20
powers and shall perform such duties as may be assigned, from21
time to time, by the commission. In the absence or inability22
of the Chair to serve or in the event of a vacancy in the23
office of Chair, the Vice-chair shall be empowered to carry24
out all of the responsibilities of the Chair.25
(3) The Executive Director shall be appointed by the26
commission and shall serve at the pleasure of the commission.27
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The Executive Director is entitled to an annual salary in the1
amount specified by the commission, subject to the approval of2
the State Personnel Board, within the limits of legislative3
appropriations or authorizations. The Executive Director shall4
have significant prior experience in the field of gaming, and5
shall be a prominent and respected person in their profession.6
The Executive Director shall not have been convicted of a7
felony. The Executive Director may, in his or her discretion,8
also appoint a General Counsel and such other qualified staff9
to serve the Executive Director. The Executive Director may10
employ the services of such persons as he or she considers11
necessary for the purposes of consultation or investigation12
and fix the salaries of or contract for the services of such13
legal, professional, technical and operational personnel and14
consultants, subject to applicable provisions of the State15
Personnel Board. For the purpose of implementing the16
provisions of this chapter, additional legal assistance may be17
retained only with the approval of the Attorney General. Under18
the supervision of the Chair, the Executive Director shall be19
responsible for the conduct of the administrative affairs of20
the commission and shall have custody of the commission's seal21
and its official records. The Executive Director shall keep a22
record of the proceedings at all meetings of the commission in23
a minute book and a resolution book or both, to be kept for24
the purpose, which shall be open at all reasonable times to25
inspection by any member of the commission. He or she shall26
cause a verbatim transcript to be made of the public meetings27
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of the commission, according to law. He or she shall affix the1
seal of the commission to all papers authorized to be executed2
by the commission requiring such seal to be affixed. He or she3
shall cause copies to be made of the verbatim transcript of4
the public meetings, and of all minutes, resolutions and other5
records and shall cause such copies to be filed with the6
appropriate authorities according to law. He or she shall give7
certificates under the seal of the commission to the effect8
that such copies are true copies and all persons dealing with9
the commission may rely on such certificates. He or she shall10
perform such other duties as are incident to his or her office11
or as may be assigned, from time to time, by the commission or12
by the Chair.13
(c) Regular and special meetings of the commission14
may be held, at the discretion of the commission, at such15
times and places as it may deem convenient, but at least one16
(1) regular meeting shall be held each month on or after the17
fifteenth day of the month. All meetings shall be subject to18
the provisions of the Open Meetings Law.19
(d) A majority of the members constitutes a quorum20
of the commission.21
Section 11. Administration of provision for22
protection of the public; Commission and executive director23
duties.24
(a) The provisions of this chapter with respect to25
state gaming licenses shall be administered by the Executive26
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Director for the protection of the public and in the public1
interest in accordance with the policy of this state.2
(b) The Executive Director and his or her employees3
may:4
(1) Inspect and examine all premises wherein gaming5
is conducted or gaming devices or equipment are manufactured,6
sold or distributed;7
(2) Inspect all equipment and supplies in, upon or8
about such premises, and require security and safety measures9
to be taken at an operator's expense at any facility for the10
health and well-being of patrons and employees;11
(3) Summarily seize and remove from such premises12
and impound any equipment or supplies for the purpose of13
examination and inspection following a due process hearing;14
(4) Demand access to and inspect, examine, photocopy15
and audit all papers, books and records of applicants and16
licensees, on their premises or elsewhere as practicable, in17
the presence of the licensee or his agent, respecting the18
gross receipts produced by any gaming business (and may19
require verification of receipts) and respecting all other20
matters affecting the enforcement of the policy or any of the21
provisions of this chapter.22
(c) For the purpose of conducting audits after the23
cessation of gaming by a licensee, the former licensee shall24
furnish, upon demand of the Executive Director or his25
employee, books, papers and records as necessary to conduct26
the audits. The former licensee shall maintain all books,27
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papers and records necessary for audits for a period of three1
(3) years after the date of the surrender or revocation of his2
bingo license. If the former licensee seeks judicial review of3
a deficiency determination or files a petition for a4
redetermination, he must maintain all books, papers and5
records until a final order is entered on the determination.6
(d) The Executive Director and enforcement employees7
may investigate, for the purpose of prosecution, any suspected8
criminal violation of the provisions of this chapter. For the9
purpose of the administration and enforcement of this chapter,10
the Executive Director and enforcement employees have the11
powers of a peace officer of this state.12
(e) The commission or Executive Director has full13
power and authority to issue subpoenas and compel the14
attendance of witnesses at any place within this state, to15
administer oaths, and to require testimony under oath. Any16
process or notice may be served in the manner provided for17
service of process and notices in civil actions. The18
commission or the Executive Director may pay such19
transportation and other expenses of witnesses as they deem20
reasonable and proper. Any person making false oath in any21
matter before the commission is guilty of perjury. The22
commission may appoint hearing examiners who may administer23
oaths and receive evidence and testimony under oath.24
(f) Investigations by Executive Director. The25
Executive Director and his employees shall investigate the26
qualifications of each applicant under this chapter before any27
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license is issued or before any registration, finding of1
suitability or approval of acts or transactions for which2
commission approval is required is granted, and the Executive3
Director shall continue to observe the conduct of all4
licensees and other persons having a material involvement5
directly or indirectly with a licensed bingo operation or6
registered holding company to ensure that licenses are not7
issued or held by, nor is there any material involvement8
directly or indirectly with a licensed bingo operation or9
registered holding company by, unqualified, disqualified or10
unsuitable persons or persons whose operations are conducted11
in an unsuitable manner or in unsuitable or prohibited places12
or locations.13
(g) The Executive Director has the authority to14
recommend to the commission the denial of any application, the15
limitation, conditioning or restriction of any license,16
registration, finding of suitability or approval or the17
imposition of a fine upon any person licensed, registered or18
found suitable or approved for any cause deemed reasonable by19
the Executive Director.20
(h) Subject to the due process provisions as21
hereinafter provided, the commission shall have authority for22
any violation of this amendment, or any local amendment, or23
any other laws of the state to deny any application or limit,24
condition, restrict, revoke or suspend any license,25
registration, finding of suitability or approval, or fine any26
person licensed, registered, found suitable or approved, for27
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any cause deemed reasonable by the commission, provided,1
however, the commission shall have no authority to set the2
business hours of operation of a licensed operator or limit3
the number or type of bingo equipment used by the operator so4
long as such bingo equipment complies with this amendment.5
(i) Any license issued or other commission approval6
granted pursuant to the provisions of this chapter is a7
revocable privilege, and no holder acquires any vested right8
therein or thereunder. Subject to the provisions of9
subparagraph (h) above, the initial decision of the commission10
to deny, limit, condition or restrict a license shall be final11
unless appealed in accordance with the provisions of this12
amendment.13
(j) The commission shall serve as a hearing panel14
and settle disputes between operators or between operators and15
patrons.16
(k) Any person or licensee aggrieved by the refusal17
of the commission to issue any license, or the suspension or18
revocation of a license, the imposition of a fine or penalty,19
the disapproval of a contract, or any other action or failure20
of action by the commission, may, within 60 days of such21
action or failure of action, appeal to the circuit court of22
the county where the bingo facility is located. If such court23
finds that the action of such commission, or its failure to24
take action, was arbitrary, unreasonable or contrary to the25
provisions of this amendment, the court shall order the26
issuance or reinstatement of such license, the abatement of27
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such fine or penalty, the approval of such contract, or such1
other remedial action as the court deems appropriate in the2
circumstances. The decision of such court shall be subject to3
appeal as in other cases at law.4
Section 12. Persons excluded from bingo facilities.5
(a) The exclusion or ejection of certain persons6
from licensed bingo establishments is necessary to effectuate7
the policies of this chapter and to maintain effectively the8
strict regulation of licensed bingo.9
(b) The commission may by rule provide for the10
establishment of a list of persons who are to be excluded or11
ejected from any licensed bingo establishment. The list may12
include any person whose presence in the establishment is13
determined by the commission or the executive director to pose14
a threat to the interests of this state or to licensed bingo,15
or both. Any licensed bingo establishment may eject persons16
from such establishment for reasons deemed appropriate except17
for those found under subsection (d) of this section.18
(c) In making that determination, the commission and19
the Executive Director may consider any:20
(1) Prior conviction of a crime which is a felony in21
this state or under the laws of the United States, a crime22
involving moral turpitude, or a violation of the gaming laws23
of any state;24
(2) Violation or conspiracy to violate the25
provisions of this chapter relating to:26
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(i) The failure to disclose an interest in a bingo1
establishment for which the person must obtain a license; or2
(ii) Willful evasion of fees or taxes;3
(3) Notorious or unsavory reputation which would4
adversely affect public confidence and trust that the bingo5
industry is free from criminal or corruptive elements; or6
(4) Written order of a governmental agency which7
authorizes the exclusion or ejection of the person from an8
establishment at which gaming is conducted.9
(d) Race, color, creed, sex, national origin,10
disability or ancestry shall not be grounds for denying any11
person the right of entry.12
Section 13. Penalties; failure by bingo13
establishments to exclude or eject14
(a) The commission may revoke, limit, condition,15
suspend or fine an individual licensee or licensed bingo16
facility in accordance with the laws of this state and the17
regulations of the commission if that establishment or any18
individual licensee affiliated therewith knowingly fails to19
exclude or eject from the premises of the licensed20
establishment any person placed on the list of persons to be21
excluded or ejected.22
(b) Any person who has been placed on the list of23
persons to be excluded or ejected from any licensed24
establishment is guilty of a misdemeanor if he thereafter25
enters the premises of a licensed establishment without first26
having obtained a determination by the commission that he27
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should not have been placed on the list of persons to be1
excluded or ejected.2
Section 14. Effective control over internal fiscal3
affairs4
(a) The commission shall prescribe minimum5
procedures for adoption by each licensee to exercise effective6
control over the internal fiscal affairs of the licensee,7
which shall include but are not limited to provisions for:8
(1) The safeguarding of assets and revenues,9
especially the recording of cash and evidences of10
indebtedness; and11
(2) The provision of reliable records, accounts and12
reports of transactions, operations and events, including13
reports to the commission and the Executive Director to verify14
bingo gross revenue.15
(b) The commission shall by regulation require16
periodic reports from each licensee concerning the bingo gross17
revenue of such licensee.18
(c) The commission shall by regulation require19
audits of the bingo gross revenue of all bingo licensees at20
points of destination.21
(1) The audits, compilations and reviews provided22
for in subsections (a), (b) and (c) must be made by23
independent accountants holding permits to practice public24
accounting in the State of Alabama.25
(2) For every audit required pursuant to this26
section:27
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(i) The independent accountants shall submit an1
audit report which must express an unqualified or qualified2
opinion or, if appropriate, disclaim an opinion on the3
statements taken as a whole in accordance with standards for4
the accounting profession established by rules and regulations5
of the Alabama State Board of Public Accountancy, but the6
preparation of statement without audit does not constitute7
compliance.8
(ii) The examination and audit must disclose whether9
the accounts, records and control procedures maintained by the10
licensee are as required by the regulations promulgated by the11
commission.12
(3) If the license of a licensee is terminated13
within three (3) months after the end of a period covered by14
an audit, the licensee may submit compiled statements for15
bingo gross revenue in lieu of an additional audited statement16
of the bingo gross revenue for the licensee's final period of17
business.18
(4) The licensee shall be responsible for the19
payment of costs or fees generated by any audit required by20
the commission. Failure to pay such costs and fees for such21
audit may result in the revocation of his license.22
Section 15. Operating license for facility;23
applicant eligibility24
a. No bingo establishment shall operate unless all25
necessary licenses and approvals therefor have been obtained26
in accordance with law.27
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b. No owner of more than five percent of a bingo1
facility or operator of a bingo facility may be licensed if2
ever convicted of a felony or convicted of any gambling3
offence.4
c. The commission shall approve the licensing of any5
point of destination previously approved by a local governing6
body if no evidence is presented by the commission which7
proves beyond a reasonable doubt before a circuit judge in8
Montgomery County that the licensing of such point of9
destination would be in violation of this amendment according10
to the conditions of licensing set forth in this amendment11
herewith.12
Section 16. Continuation of existing operations13
(a) Any bingo operator using bingo equipment that is14
licensed as of December 31, 2008, may continue to operate15
until one hundred twenty (120) days after the ratification of16
this amendment and shall not be required to make application17
for a gaming or gaming establishment license. After one18
hundred twenty (120) days has transpired following19
ratification, all bingo operation licenses using bingo20
equipment shall be automatically revoked other than at points21
of destination. The preceding provisions of this section 1622
shall not apply to bingo operators at points of destination.23
Any licensee must comply with all rules, regulations, of the24
state gaming commission and the department of revenue, all25
provisions of this amendment applicable to the state gaming26
commission and the department of revenue including the timely27
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remittance of fees and tax. Bingo establishments shall comply1
with this provision or state licensing and local licensing2
shall be revoked.3
Section 17. Issuance of licenses4
(a) If satisfied that an applicant is eligible to5
receive a state bingo license, and upon tender to the Revenue6
Department of:7
(1) All license fees and taxes as required by law8
and regulation of the State Gaming Commission; and9
(2) A bond in the amount of the gross receipts tax10
anticipated in the first month of operation shall be executed11
by the applicant as principal, and by a corporation qualified12
under the laws of this state as surety, payable to the State13
of Alabama and conditioned upon the payment of license fees,14
taxes, penalties, interest, fines and the faithful performance15
of all requirements imposed by law or regulation or the16
conditions of the license, the commission shall issue licenses17
for a period of twenty (20) years which shall be renewed for18
consecutive five year periods unless the commission shows19
cause that a violation of the provisions of this amendment has20
occurred and deliver to the applicant a license entitling the21
applicant to engage in the bingo operation for which he is22
licensed. The Executive Director shall prepare and maintain a23
written record of the specific terms and conditions of any24
license issued and delivered and of any modification to the25
license. A duplicate of the record must be delivered to the26
applicant or licensee.27
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Section 18. Payment of fees to make application for1
or continue license2
(a) Subject to the power of the commission to deny,3
revoke, suspend, condition or limit licenses, any state bingo4
license in force using bingo equipment may be received or5
continued by the commission upon proper payment of state6
license fees and any other fees, taxes and penalties as7
required by this amendment, including an annual license fee of8
not less than two hundred thousand dollars ($200,000).9
(b) Except for those points of destination initially10
licensed following the ratification of this amendment, a11
non-refundable application fee of not less than two hundred12
fifty thousand dollars ($250,000) shall be remitted by any new13
applicant and a renewal fee of two hundred fifty thousand14
dollars ($250,000) shall be due from a licensee at a15
destination point within thirty days following any license16
renewal. These license and application fees shall be17
appropriated annually for the operations and maintenance of18
the commission. Additional fees may be assessed to operators19
for the operation of the commission but shall be subject to20
approval by the legislative council.21
(c) All state license fees and fees required by law22
must be paid to the Revenue Department on or before the dates23
respectively provided by law or regulation for each fee.24
(d) Any person failing to pay the state gross25
receipts tax on bingo gross revenue or the license or26
application fees due at the times respectively provided shall27
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pay in addition to such license fee or fees, a penalty of not1
less than twenty-five percent (25%) of the amount due, unless2
failure to timely pay is due to reasonable cause as determined3
by the commission. The penalty must be collected as are other4
charges, license fees and penalties under this chapter.5
(e) If any licensee fails to pay his license fee as6
provided in this section, the commission may order the7
immediate closure of all the bingo activity until all8
necessary fees, interest and penalties have been paid.9
(f) Counties in which bingo activities using bingo10
equipment are authorized by this amendment are authorized to11
impose fees on a per bingo machine basis if imposed by the12
local governing body; however, such fee shall not exceed $50013
per bingo machine per year, provided, however, in lieu of any14
fee imposed by the local county governing body, as to each15
racetrack, a $500 per bingo machine fee shall be paid on or16
before December 31 of each year to the local racing17
commission, with the local racing commission for such18
racetrack to use no greater than one-third of such funds for19
the regulation and supervision of the bingo operations at the20
racetrack, with the balance of such annual funds distributed21
by the local racing commission to each of the governmental22
agencies and nonprofit organizations that are recipients of23
the pari-mutuel tax as established by local or general act.24
Nothing contained in this Section shall limit a district25
organized pursuant to Chapter 99A or 99B of Title 11 of the26
Code of Alabama (1975) from making assessments in excess of27
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$500 per bingo machine per annum, provided that such1
assessments are for the purpose of paying principal or2
interest relative to bonds issued by such district. The state3
gross receipts tax, the state license fees, and the local4
bingo machine fees required to be paid pursuant to this5
amendment shall be in lieu of all other state or local taxes6
or license fees levied with respect to the conduct of bingo7
and the bingo operator, provided, however, that all operators8
of bingo games shall continue to be liable for all income9
taxes, franchise taxes, property taxes, and sales and use10
taxes on merchandise, food and beverage generally applicable11
to all businesses at uniform rates.12
"Section 19. Amendment to Be Self-Executing.13
This amendment shall be self-executing, but the14
Legislature shall have the right and power to enact general or15
local laws supplemental to this amendment to further its16
purposes or provide for its implementation; provided, however,17
that such laws shall not be inconsistent with the express18
provisions of this amendment.19
"Section 20. Effective Date. This amendment shall20
take effect as part of the Constitution of Alabama upon its21
adoption by the electors of the state."22
Section 2. The election on said proposed amendment23
shall be held in accordance with the provisions of Sections24
284 and 285 of the Constitution of Alabama of 1901, as25
amended, and the Code of Alabama 1975, Title 17, Chapter 17;26
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however, such amendment shall be on the party primary ballot1
for 2010.2
Section 3. The appropriate election official shall3
assign a number to designate the proposed amendment on the4
election ballot and shall set forth the question on the5
adoption of the proposed amendment in the following form:6
"Shall an amendment to the Constitution of Alabama,7
as proposed by Act No. ____ [here insert the number assigned8
to the proposing act], be adopted (i) to authorize bingo9
destination points in Greene County, Macon County, Mobile10
County, City of Birmingham, Calhoun County, Etowah County, the11
City of White Hall in Lowndes County, Houston County, and12
Walker County, (ii) to establish the conditions under which13
bingo may be played in limited areas in the state, (iii) to14
authorize a state compact to require the Poarch Band of Creek15
Indians to make payments in lieu of taxes and to set16
restrictions on Indian gaming as a prerequisite thereof, (iv)17
to levy a state gross receipts tax on the revenue generated by18
bingo games, (v) to create a state gaming commission for the19
regulation of bingo operations throughout the state and to20
enforce the gaming laws of the state, and (vi) to provide21
funds for the Education Trust Fund and the state General Fund22
for the benefit of the state Medicaid program?23
Yes [ ]24
No [ ]"25
Section 4. Notice of the election shall be given by26
proclamation of the Governor, which proclamation, including27
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the full text of the proposed amendment, shall be published1
once a week for four successive weeks next preceding the date2
appointed for the election in a newspaper published in each3
county of the state. In each county in which no newspaper is4
published, a copy of the proclamation of the Governor, giving5
notice of the election and the full text of the proposed6
amendment, shall be posted at each courthouse in such county.7
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