Legislation

§ 195-o. Distributor of bell jars; reports and records. 1.
Distribution; distributors. Any distributor licensed in accordance with
section one hundred eighty-nine-a of this article to distribute bell jar
tickets or electronic bell jar vending machines shall purchase such
tickets and vending machines only from licensed manufacturers and may
manufacture coin boards and merchandise boards only as authorized in
subdivision one-a of this section. Licensed distributors of bell jar
tickets and electronic bell jar vending machines shall sell such tickets
and vending machines only to not-for-profit, charitable or religious
organizations registered by the commission. Any licensed distributor who
willfully violates the provisions of this section shall: (a) upon such
first offense, have their license suspended for a period of thirty days;
(b) upon such second offense, participate in a hearing to be conducted
by the commission, and surrender their license for such period as
recommended by the commission; and (c) upon such third or subsequent
offense, have their license suspended for a period of one year and shall
be guilty of a class E felony. Any unlicensed distributor who violates
this section shall be guilty of a class E felony.

1-a. Coin boards and merchandise boards. Distributors of bell jar
tickets may manufacture coin boards and merchandise boards only if such
boards have been approved by the board and have a bar code affixed to
them setting forth all information required by the board. Except that
for coin boards and merchandise boards, delineation of the prize or
prize value need not be included on the game ticket sold in conjunction
with a coin board or merchandise board. In lieu of such requirement, the
distributor shall be required to disclose the prize levels and the
number of winners at each level and shall print clearly on the game
ticket that a ticket holder may obtain the prize and prize value for
each prize level by referencing the flare. Such coin boards shall only
be sold by licensed distributors to licensed authorized organizations
registered by the board in accordance with the provisions of this
article.

2. Business records. A distributor shall keep at each place of
business complete and accurate records for that place of business,
including itemized invoices of bell jar tickets held and purchased. The
records must show the names and addresses of purchasers, the inventory
at the close of each period for which a return is required, all bell jar
tickets on hand, and other pertinent papers and documents relating to
the purchase, sale, or disposition of bell jar tickets as may be
required by the board. Books, records, itemized invoices, and other
papers and documents required by this section shall be kept for a period
of at least four years after the date of the documents, or the date of
the entries appearing in the records, unless the board authorizes in
writing their destruction or disposal at an earlier date. A person who
violates this section shall be guilty of a misdemeanor.

3. Sales records. A distributor shall maintain a record of all bell
jar tickets that it sells and all electronic bell jar vending machines
that it sells or leases. The record shall include, but need not be
limited to:

(a) the identity of the manufacturer from whom the distributor
purchased the product;

(b) the serial number of the product;

(c) the name, address, and license or exempt permit number of the
organization or person to which the sale was made;

(d) the date of the sale;

(e) the name of the person who ordered the product;

(f) the name of the person who received the product;

(g) the type of product;

(h) the account number identifying the sale from the manufacturer to
distributor and the account number identifying the sale from the
distributor to the licensed organization; and

(i) the name, form number, or other identifying information for each
game.

4. Invoices; agreements. (a) A distributor shall supply with each sale
of a bell jar product an itemized invoice showing the distributor's name
and address, the purchaser's name, address, and license number, the date
of the sale, the account number identifying the sale from the
manufacturer to distributor and the account number identifying the sale
from the distributor to the licensed organization, and the description
of the deals, including the form number, the serial number and the ideal
gross from every deal of bell jar or similar game.

(b) Prior to the sale, lease, or distribution of an electronic bell
jar vending machine to an authorized organization, the distributor or
manufacturer shall provide the contract or agreement for such sale,
lease or distribution to the commission for approval and any
modification to such contract or agreement thereafter. Such contract or
agreement shall show, at minimum:

(i) the name and address of the authorized organization;

(ii) the date of sale, lease or distribution;

(iii) the serial number of each such machine;

(iv) the material terms and conditions of such contract or agreement;
and

(v) any additional information as the commission may require.

(c) The commission may promulgate rules and regulations relating to
the terms of any contract or agreement for the sale, lease, or
distribution of an electronic bell jar vending machine to an authorized
organization. The commission shall approve or deny such contract or
agreement within thirty days of receipt and any material modification to
such contract or agreement thereafter. If the commission denies approval
for such contract, agreement or modification, it shall provide the
reasons for such determination.

5. Reports. A distributor shall report quarterly to the gaming
commission, on a form prescribed by the gaming commission, its sales of
each type of bell jar deal or tickets and electronic bell jar vending
machines. This report shall be filed quarterly on or before the
twentieth day of the month succeeding the end of the quarter in which
the sale was made. The gaming commission may require that a distributor
submit the quarterly report and invoices required by this section via
electronic media or electronic data transfer.

6. The board may inspect the premises, books, records, and inventory
of a distributor without notice during the normal business hours of the
distributor.

7. Certified physical inventory. The board may, upon request, require
a distributor to furnish a certified physical inventory of all bell jar
tickets in stock. The inventory shall contain the information requested
by the board.