Electronic Bingo Card Monitoring Devices

PURPOSE: This rule defines Electronic Bingo Card Monitoring Devices (EBCMD) and the requirements licensees must follow when using EBCMDs in this state. (1) “Electronic Bingo Card Monitoring Device (EBCMD)” means “bingo card monitoring device” as defined by section 313.005(3), RSMo. The EBCMD shall be approved by the commission prior to the sale, installation, or use of the EBCMD by a licensed bingo organization or in a licensed bingo facility. (2) “Electronic bingo card” means an electronic representative of a bingo card as defined in section 313.005(2), RSMo. GAMING COMMISSION (3) “EBCMD bingo sheet” means a disposable piece of paper containing one (1) or more bingo cards which is a physical representation of the electronic bingo cards loaded into an EBCMD. All EBCMD bingo sheets printed from the EBCMD site system must be in a form approved by the commission. (4) “Site system,” means the computer hardware, software, and peripheral equipment, approved by the commission, that is used by a licensed organization at the site of its bingo occasion which provides bingo card monitoring devices to players, and which receipts the sale or rental of such cards and devices and generates reports relative to such sales or rentals. (5) EBCMDs must be acquired by licensed suppliers from a licensed manufacturer and may only be rented or leased by licensed suppliers to licensed bingo operators. Bingo operators using the EBCMD site system shall procure and maintain a dedicated phone line or secure internet connection at the bingo hall for the commission and the licensed supplier and/ or licensed manufacturer to remotely connect to the system. (6) All aspects of an EBCMD unit and site system, including all hardware and software used therein, shall be subject to testing by the commission or an independent testing laboratory designated by the commission prior to the sale, installation, or use of the EBCMD network by a licensed bingo organization or in a licensed bingo facility and prior to any changes thereto following the initial installation, or at any other time the commission deems appropriate, the cost for which in all cases shall be borne by the licensed manufacturer. In addition, all aspects must be reviewed and approved by the commission and the licensed manufacturer will be required to provide the following before installation in a licensed bingo facility: (A) A demonstration of the equipment and software to commission staff as deemed necessary by the commission; (B) A computer system to be housed at the commission which will allow the commission uninterrupted access to remotely connect to the licensed bingo facilities using the licensed manufacturer’s system to verify sales information and to verify that the approved version of software is being utilized; (C) Training for the system, as deemed necessary by the commission; and (D) Additional information as deemed necessary by the commission. Any changes or upgrades to the approved system or system hardware or software must meet the same review and approval standards as original equipment and the changes or upgrades must also be made to the system housed at the commission. (7) No EBCMD shall be able to monitor more than fifty-four (54) bingo cards per game. (A) An EBCMD shall be downloaded with electronic bingo cards only by an approved bingo worker or authorized representative of the licensed supplier if accompanied by an approved worker of the licensed organization. (B) All downloading into the EBCMD shall be completed prior to the drawing of the first ball for a bingo game in order for the player to participate in that bingo game. If an EBCMD must be voided and reissued after the start of the game, the EBCMD shall be reloaded with the same bingo face numbers or replaced with an EBCMD which was downloaded prior to the drawing of the first ball for that game. (C) Organizations using EBCMD which require a site system to download electronic bingo cards to EBCMD shall ensure that any disposable paper bingo cards used at the bingo occasion are of a different series than the electronic bingo cards, in order to avoid duplication of faces in play. (8) Each EBCMD shall be programmed to automatically erase all electronic bingo cards and/or bingo card face numbers stored in the device— (A) Upon turning off the device after the last bingo game of the occasion has been played; and (B) By some secondary timing method. (9) No EBCMD may be designed to allow bingo players the ability to design their own bingo cards by choosing, rearranging, or placing numbers on a card. (10) A site system shall not be able to engage in any type of sale, void, or reload transaction unless the EBCMD is connected to and communicating with the site system. (11) A site system shall not be able to load more than fiftyfour (54) electronic bingo cards per bingo game into any one (1) EBCMD. The site system shall be capable of printing a continuous hard copy transaction log, including all sales, void, and reload transactions. A printout showing the device identification number, and all of the bingo cards and their face numbers loaded into the device, shall be available to the player upon request. The site system shall record and print out a receipt which is given to the player. The receipt shall include the device identification number or ticket number identifying the device, the date, number of electronic bingo cards purchased or loaded, and the total amount charged for the electronic bingo cards. (12) A site system shall be able to provide the winning game patterns required for the entire bingo occasion on a hard copy printout. The printout shall be available upon demand at the bingo occasion. (13) If the commission detects or discovers any malfunction or problem with an EBCMD or site system that could affect the security or integrity of the bingo game or if the commission is unable to remotely connect to a licensed bingo facility, the commission may direct the supplier or licensed organization to cease providing or using the EBCMD or site system, as applicable. The commission may require the supplier to correct the problem or recall the devices or system immediately upon notification by the commission to the supplier. (A) If a supplier or licensed organization detects or discovers any malfunction or problem with the EBCMD or site system which could affect the security or integrity of the bingo game, EBCMD, or site system, the supplier or licensed organization, as applicable, shall discontinue use of the devices or site system and notify the commission the next working day. (B) Failure to discontinue use of the EBCMD or site system in such instances will result in disciplinary action by the commission. (14) The licensed supplier shall serve as the initial contact for the licensed organization with respect to requests for installation, service, maintenance, or repair of EBCMD and site systems. A licensed supplier may, with commission approval, authorize or subcontract with a person or company to service, maintain, or repair EBCMD and/or site systems; however, the ultimate liability for such service, maintenance, or repair shall be solely that of the licensed supplier. (15) The licensed supplier shall invoice the licensed organization by the second business day following usage and collect any and all payments for the rental or lease of the EBCMD used by the licensed organization, and the sale, rental, or lease of the site systems to the licensed organization. The supplier shall also invoice the licensed organization by the second business day following usage and collect any and all payments for the sale of electronic bingo cards, including the applicable taxes as described in accordance with section 313.055, RSMo. (16) EBCMDs may be transported by a licensed supplier from one (1) location to another for use by more than one (1) licensed organization provided the supplier notifies the commission of the rotation schedule of the EBCMD. However, each licensed organization utilizing a site system must have its own site system, which cannot be moved from its bingo location or be used by another organization without prior approval from the commission. A licensed organization may obtain computer terminals and/or printers to be used in conjunction with site system software obtained from a licensed supplier, from any source. (17) The use of a player-owned EBCMD at a bingo occasion is prohibited. (18) EBCMDs shall be rented or leased to bingo players only by the licensed organization conducting the bingo occasion, and only at the time and place of the bingo occasion. A bingo player using an EBCMD must be physically present on the premises, during the time of the bingo occasion, in order to be eligible to play bingo or win any bingo prize. (19) Regardless of the number of EBCMDs made available for play, at least one (1) device shall be reserved by the licensed organization as a back-up device, in the event a device in play malfunctions. (20) EBCMDs shall be made available to players on a first-come, first-serve basis. No EBCMD may be reserved for any player, except that a device may be reserved for any player with a disability that would restrict his or her ability to mark cards and such disability is consistent with definitions set forth in the Americans with Disabilities Act. (21) No bingo player shall be allowed to utilize more than one EBCMD at any time during a bingo occasion. (22) A bingo player may, in addition to the maximum fiftyfour (54) bingo cards per game which he or she purchases to monitor with an EBCMD, purchase additional disposable paper bingo cards to play. (23) A licensed organization may, at its discretion, charge a separate fee to players for the use of an EBCMD; however, if an organization charges a separate fee for the use of an EBCMD— (A) The fee charged must be a flat fee, regardless of the number of bingo cards purchased or any other factor; and (B) The fee charged must be separately stated. (24) All bingo cards used in conjunction with EBCMDs shall conform to the restrictions in sections 313.005(2) and 313.040(17), RSMo. Bingo cards of a series dedicated to or uniquely compatible with EBCMDs are permitted. (25) Numbers appearing on a bingo card, identified by an EBCMD to be a winning bingo card, shall be verified in the presence of the majority of the players or displayed to the players by entry into an electronic card verifier. (26) The site system shall be capable of providing accounting and revenue reports on a daily basis. Additionally, the system must be capable of providing weekly and monthly summaries of the daily reports. The daily report shall include, at a minimum, the following: (A) Gross sales of all bingo cards sold and loaded into an EBCMD, gross sales voided and/or canceled, and net sales of all bingo cards sold; (B) Gross number of all bingo cards sold and loaded into an EBCMD, total number of bingo cards voided and/or canceled, and net number of bingo cards sold; (C) Adequate documentation shall be maintained to explain any voids or cancellations; and (D) The number of units sold, the number of bingo cards per game, and the number of games played. (27) The supplier is responsible for the collection and payment of all the taxes for electronic bingo cards sold and loaded into an EBCMD in accordance with section 313.055, RSMo and any rules and regulations promulgated thereunder. The tax computation shall be based upon the information provided in the daily reports generated by the EBCMD site system. Copies of the reports used to compute the tax amount shall be attached to the supplier’s original sales invoices. (28) The manufacturer, supplier, or game operator may be required to maintain and submit additional information at the request of the commission. AUTHORITY: sections 313.005, 313.040, and 313.065, RSMo 2016.* Original rule filed Nov. 10, 1998, effective June 30, 1999. Amended: Filed May 6, 1999, effective Dec. 30, 1999. Amended: Filed Oct. 4, 2000, effective June 30, 2001. Amended: Filed Dec. 1, 2004, effective June 30, 2005. Amended: Filed Jan. 27, 2006, effective Sept. 30, 2006. Amended: Filed July 28, 2010, effective Jan. 30, 2011. Amended: Filed June 25, 2015, effective Feb. 29, 2016. Amended: Filed June 30, 2016, effective Feb. 28, 2017. *Original authority: 313.005, RSMo 1981, amended 1982, 1984, 1986, 1993, 1994, 2010; 313.040, RSMo 1981, amended 1983, 1984, 1986, 1987, 1993, 1994, 1996, 2010; and 313.065, RSMo 1981, amended 1993, 1995.