West Virginia Code § 47-20-2

Definitions
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For purposes of this article, unless specified otherwise:
(a) "Bingo" means the game wherein participants pay consideration for the use of one or
more paper or virtual cards bearing several rows of numbers in which no two cards played in
any one game contain the same sequence or pattern. When the game commences, numbers
are selected by chance, one by one, and announced. The players cover or mark those
numbers announced as they appear on the card or cards which they are using. The player
who first announces that he or she has covered a predetermined sequence or pattern which
had been preannounced for that game is, upon verification that hue or she has covered the
predetermined sequence or pattern, declared the winner of that game. Bingo, as authorized
by this article, may be operated and played virtually over thet Internet using an online bingo
software system or web application.
(b) "Bingo occasion" or "occasion" means a single gathering or session at which a series of
one or more successive bingo games is conducted bly a single licensee.
(c) "Charitable or public service activity or endeavor" means any bona fide activity or
endeavor which directly benefits a numberi of people by:
(1) Assisting them to establish themselves in life as contributing members of society through
education or religion;
(2) Relieving them from disease, distress, suffering, constraint, or the effects of poverty;
(3) Increasing their comprehension of, and devotion to, the principles upon which this nation
was founded and to t he principles of good citizenship;
(4) Making them aware of, or educating them about, issues of public concern so long as the
activity or endeavor is not aimed at influencing legislation or supporting or participating in
the campaign of any candidate for public office;
(5) By lessening the burdens borne by government or voluntarily supporting, augmenting, or
supplementing services which government would normally render to the people;
(6) Providing or supporting nonprofit community activities for youth, senior citizens, or the
disabled; or
(7) Providing or supporting nonprofit cultural or artistic activities.
(d) "Charitable or public service organization" means a bona fide, not-for-profit, tax-exempt,
benevolent, educational, philanthropic, humane, patriotic, civic, religious, fraternal, or
eleemosynary incorporated or unincorporated association or organization; or a volunteer fire
department, rescue unit, or other similar volunteer community service organization or
association; but does not include any nonprofit association or organization, whether
incorporated or not, which is organized primarily for the purposes of influencing legislation
or supporting or promoting the campaign of any candidate for public office.
An organization or association is tax-exempt if it is, and has received from the Internal
Revenue Service a determination letter that is currently in effect stating that the
organization is, exempt from federal income taxation under subsection 501(a) and described
in subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), 501(c)(19), or 501(ed) of the Internal
Revenue Code.
(e) "Commissioner" means the State Tax Commissioner.
(f) "Concession" means any stand, booth, cart, counter, or other facility, whether stationary
or movable, where beverages, both alcoholic and nonalcoholic, food, snacks, cigarettes or
other tobacco products, newspapers, souvenirs, or any other items are sold to patrons by an
individual operating the facility. Notwithstanding anytahing contained in §60-7-12(a)(2) of this
code to the contrary, "concession" includes beverages which are regulated by, and are
subject to, the provisions of chapter 60 of this codel: Provided, That in no case may the sale
or the consumption of alcoholic beverages or snonintoxicating beer be permitted in any area
where bingo is conducted: Provided however, That the sale or the consumption of alcoholic
beverages or nonintoxicating beer may be permitted in an area where bingo is conducted on
the premises of a fraternal society ogr veteran's organization that is:
(1) A fraternal beneficiary society that is exempt from federal income tax under section
501(c)(8) of the Internal Revenue Code of 1986, as amended;
(2) A domestic fraternal society that is exempt from federal income tax under section
501(c)(10) of the Internal Revenue Code of 1986, as amended;
(3) A veteransV' organization that is exempt from federal income tax under section 501(c)(19)
of the Internal Revenue Code of 1986, as amended; or
(4) A volunteer fire department, as defined in §11-13JJ-2 of this code.
(g) "Conduct" means to direct the actual playing of a bingo game by activities including, but
not limited to, handing out bingo cards, collecting fees, drawing the numbers, announcing
the numbers, posting the numbers, verifying winners, and awarding prizes.
(h) "Expend net proceeds for charitable or public service purposes" means to devote the net
proceeds of a bingo occasion or occasions to a qualified recipient organization or as
otherwise provided by this article and approved by the commissioner pursuant to §47-20-15
of this code.
(i) "Gross proceeds" means all moneys collected or received from the conduct of bingo at all
bingo occasions held by a licensee during a license period; this term does not include any
moneys collected or received from the sale of concessions at bingo occasions.
(j) "Joint bingo occasion" means a single gathering or session at which a series of one or
more successive bingo games is conducted by two or more licensees.
(k) "Licensee" means any organization or association granted an annual, limited occasion, or
state fair bingo license pursuant to the provisions of this article.
(l) "Net proceeds" means all moneys collected or received from all the conduct of bingo at
bingo occasions held by a licensee during a license period after payment of expenses
authorized by §47-20-10, §47-20-13, §47-20-15, and §47-20-22 of this code; this term does not
include moneys collected or received from the sale of concessions at bingo occasions.
(m) "Person" means any individual, association, society, incorporated or unincorporated
organization, firm, partnership, or other nongovernmental entity or institution.
(n) "Patron" means any individual who attends a bingoa occasion other than an individual who
is participating in the conduct of the occasion or in the operation of any concession, whether
or not the individual is charged an entrance fee or lplays any bingo games.
(o) "Qualified recipient organization" means any bona fide, not-for-profit, tax-exempt, as
defined in subdivision (d) of this subsectioin, incorporated or unincorporated association or
organization which is organized and functions exclusively to directly benefit a number of
people as provided in paragraphs (1) through (7), inclusive, subdivision (c) of this
subsection. "Qualified recipient organization" includes, without limitation, any licensee
which is organized and functions exclusively as provided in this subdivision.
(p) "Venue" means the location in which bingo occasions are held.

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