CSSB 76(JUD): "An Act requiring regulations relating to pull-tabs adopted by the Department of Commerce and Economic Development to be consistent with the North American Gaming Regulators Association standards on pull-tabs; allowing permittees to contract with vendors to sell pull-tabs on behalf of the permittee; restricting the purchase of pull-tabs by certain persons; requiring the sale of pull-tabs by vendors to be solely by a pull-tab ticket dispensing machine; requiring receipts before certain prizes may be paid; prohibiting distributors from supplying pull-tabs to vendors; relating to registration of vendors; requiring the licensing of out-of-state manufacturers; allowing public or nonprofit broadcasting stations to sell pull-tabs at more than one location; preventing persons with certain convictions from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible for an activity, fund raiser or consultant of a licensee, or employee in a managerial or supervisory capacity and providing exceptions for certain persons whose convictions are at least 10 years old; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring Department of Commerce and Economic Development approval of contracts between charitable gaming permittees and operators before gaming may occur; limiting the amount of authorized expenses to a percentage of adjusted gross income for a charitable gaming activity; relating to the reporting and payment of a percentage of the adjusted gross income by operators to permittees; requiring Department of Commerce and Economic Development approval of contracts between permittees and operators; allowing the commissioner of commerce and economic development to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner of commerce and economic development to suspend or revoke a permit, license, or registration; relating to the uses to which charitable gaming proceeds may be put; relating to `political uses' and `political organizations' as those terms are used in the charitable gaming statutes; and providing for an effective date."
00CS FOR SENATE BILL NO. 76(JUD) 01 "An Act requiring regulations relating to pull-tabs adopted by the Department of 02 Commerce and Economic Development to be consistent with the North American 03 Gaming Regulators Association standards on pull-tabs; allowing permittees to 04 contract with vendors to sell pull-tabs on behalf of the permittee; restricting the 05 purchase of pull-tabs by certain persons; requiring the sale of pull-tabs by 06 vendors to be solely by a pull-tab ticket dispensing machine; requiring receipts 07 before certain prizes may be paid; prohibiting distributors from supplying pull-tabs 08 to vendors; relating to registration of vendors; requiring the licensing of out-of- 09 state manufacturers; allowing public or nonprofit broadcasting stations to sell pull-tabs at more than 10 one location; preventing persons with certain convictions from 11 being involved in charitable gaming activities as a permittee, licensee, vendor, 12 person responsible for an activity, fund raiser or consultant of a licensee, or 13 employee in a managerial or supervisory capacity and providing exceptions for 14 certain persons whose convictions are at least 10 years old; relating to multiple-beneficiary charitable
01 gaming permits and door prizes for charitable gaming; 02 requiring Department of Commerce and Economic Development approval of 03 contracts between charitable gaming permittees and operators before gaming may 04 occur; limiting the amount of authorized expenses to a percentage of adjusted 05 gross income for a charitable gaming activity; relating to the reporting and 06 payment of a percentage of the adjusted gross income by operators to permittees; 07 requiring Department of Commerce and Economic Development approval of 08 contracts between permittees and operators; allowing the commissioner of 09 commerce and economic development to issue orders prohibiting violations of state 10 gaming laws; relating to the authority of the commissioner of commerce and 11 economic development to suspend or revoke a permit, license, or registration; 12 relating to the uses to which charitable gaming proceeds may be put; relating 13 to `political uses' and `political organizations' as those terms are used in the 14 charitable gaming statutes; and providing for an effective date." 15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 16 * Section 1. AS 05.15.060 is amended to read: 17 Sec. 05.15.060. REGULATIONS. The department shall adopt regulations 18 under the Administrative Procedure Act (AS 44.62) necessary to carry out this chapter 19 covering, but not limited to, 20 (1) the issuance, renewal, and revocation of permits, [AND] licenses, 21 and vendor registrations; 22 (2) a method of ascertaining net proceeds, the determination of items 23 of expense that may be incurred or paid, and the limitation of the amount of the items 24 of expense to prevent the proceeds from the activity permitted from being diverted to 25 noncharitable, noneducational, nonreligious, or profit-making organizations, individuals, 26 or groups; 27 (3) the immediate revocation of permits, [AND] licenses, and vendor 28 registrations authorized under this chapter if this chapter or regulations adopted under 29 it are violated; 30 (4) the requiring of detailed, sworn, financial reports of operations from 31 permittees and licensees including detailed statements of receipts and payments;
01 (5) the investigation of permittees, licensees, registered vendors, and 02 their employees, including the fingerprinting of those permittees, licensees, registered 03 vendors, and employees whom the commissioner considers it advisable to fingerprint; 04 (6) the licensing and regulation of pull-tab ticket dispensing 05 machines required by AS 05.15.188 [EXCLUSION FROM PARTICIPATION AS A 06 PERMITTEE, LICENSEE, OR EMPLOYEE OF A PERMITTEE OR LICENSEE, OF 07 A PERSON CONVICTED OF, IN PRISON FOR, OR ON PAROLE FOR A FELONY 08 WITHIN THE PRECEDING FIVE YEARS, OR CONVICTED OF A CRIME 09 INVOLVING THEFT OR DISHONESTY OR OF A VIOLATION OF A 10 MUNICIPAL, STATE, OR FEDERAL GAMBLING LAW]; 11 (7) the method and manner of conducting authorized activities and 12 awarding of prizes or awards, and the equipment that may be used; 13 (8) the number of activities that may be held, operated, or conducted 14 under a permit during a specified period; however, the department may not allow more 15 than 14 bingo sessions a month and 35 bingo games a session to be conducted under 16 a permit; the holders of a multiple-beneficiary permit under AS 05.15.100(d) may 17 hold, operate, or conduct the number of sessions and games a month equal to the 18 number allowed an individual permittee per month multiplied by the number of 19 holders of the multiple-beneficiary permit; 20 (9) a method of accounting for receipts and disbursements by operators, 21 including the keeping of records and requirements for the deposit of all receipts in a 22 bank; 23 (10) the disposition of funds in possession of a permittee, [OR] a 24 person, municipality, or qualified organization that possesses an operator's license, or 25 a registered vendor at the time a permit, [OR] a license, or a vendor registration 26 is surrendered, revoked, or invalidated; 27 (11) restrictions on the participation by employees of the Department 28 of Fish and Game in salmon classics; and in king salmon classics, and by employees 29 of Douglas Island Pink and Chum in king salmon classics; 30 (12) other matters the commissioner considers necessary to carry out 31 this chapter or protect the best interest of the public.
01 * Sec. 2. AS 05.15.060 is amended by adding a new subsection to read: 02 (b) Regulations adopted by the department under this section relating to 03 charitable gaming activity involving pull-tabs shall, to the extent permitted by this 04 chapter, be consistent with the standards on pull-tabs of the North American Gaming 05 Regulators Association, as amended from time to time. 06 * Sec. 3. AS 05.15.070 is amended to read: 07 Sec. 05.15.070. EXAMINATION OF BOOKS AND RECORDS. The commis- 08 sioner may examine or have examined the books and records of a permittee, an 09 operator, a registered vendor, or a person licensed to manufacture or to distribute 10 pull-tab games in the state. The commissioner may issue subpoenas for the attendance 11 of witnesses and the production of books, records, and other documents. 12 * Sec. 4. AS 05.15.100 is amended by adding a new subsection to read: 13 (d) The commissioner may issue a multiple-beneficiary permit to two to six 14 municipalities or qualified organizations or to a combination of two to six 15 municipalities and qualified organizations that apply jointly for the permit. The permit 16 gives the permit holders the privilege of jointly conducting the activities specified in 17 (a) and (b) of this section, subject to the restrictions set out in (b) of this section. 18 * Sec. 5. AS 05.15 is amended by adding a new section to read: 19 Sec. 05.15.105. PERSONS PROHIBITED FROM INVOLVEMENT; 20 EXCEPTIONS. (a) If a person has been convicted of a violation of a law of this state 21 that is, or a law or ordinance of another jurisdiction that would be if it had been 22 committed in this state, a felony, or a violation of a law or ordinance of this state or 23 another jurisdiction that is a crime involving theft or dishonesty or a violation of 24 gambling laws 25 (1) the department may not issue a license to the person; 26 (2) the department may not issue a license to, or register as a vendor, 27 an applicant who employs the person in a managerial or supervisory capacity or uses 28 the person as a fund raiser or consultant; 29 (3) the department may not issue a permit for an activity if the person 30 is responsible for the operation of the activity; 31 (4) the person may not be employed in a managerial or supervisory
01 capacity by a licensee or vendor or used as a fund raiser or consultant by a licensee 02 or vendor; 03 (5) the person may not participate in charitable gaming as a permittee, 04 licensee, or vendor. 05 (b) The department shall adopt regulations that provide that a disqualification 06 of a person under (a) of this section based upon a conviction of that person for a 07 violation 08 (1) of a law of this state that is, or a law or ordinance of another 09 jurisdiction that would be if it was committed in this state, a class B felony other than 10 extortion, a class C felony, or an unclassified felony described outside of AS 11, and 11 that is not a crime of dishonesty or theft or a violation of gambling laws, terminates 12 10 years after the person's conviction; 13 (2) of a law or ordinance of this state or another jurisdiction that is a 14 crime involving theft or dishonesty or a violation of gambling laws, and that is not, 15 or would not be if it was committed in this state, an unclassified felony described in 16 AS 11, a class A felony, or extortion, terminates 10 years after the person's conviction, 17 if the department determines that the 18 (A) person is of good character, honesty, and integrity; and 19 (B) person's involvement in charitable gaming is not against the 20 public interest. 21 * Sec. 6. AS 05.15.112(a) is amended to read: 22 (a) Each municipality or qualified organization that receives a permit under 23 this chapter shall designate a member in charge. Municipalities and qualified 24 organizations that hold a multiple-beneficiary permit shall jointly designate one 25 member in charge. 26 * Sec. 7. AS 05.15.112(b) is amended to read: 27 (b) The member in charge is responsible for preparation, maintenance, and 28 transmittal of all records and reports required of the permittee. The member in charge 29 shall be a member of the qualified organization or the board of directors of the 30 qualified organization or an employee of the municipality. In the case of a multiple-beneficiary permit, the 31 member in charge shall be a member of one of the
01 qualified organizations or the board of directors of one of the qualified 02 organizations or an employee of one of the municipalities. 03 * Sec. 8. AS 05.15.112(d) is amended to read: 04 (d) The municipality or qualified organization, or the holders of a multiple-beneficiary permit, shall 05 designate alternate members in charge who are responsible 06 for the duties of the member in charge in the absence of the member in charge. 07 * Sec. 9. AS 05.15.115(d) is amended to read: 08 (d) A permittee shall submit by certified mail to the department for approval 09 a copy of each contract with an operator with whom the permittee contracts to conduct 10 activities subject to this chapter. The contract must meet the requirements of this 11 section. The department shall approve or disapprove the contract. If the 12 contract is disapproved, reasons for the disapproval shall be provided in writing 13 to the permittee. Activities may not be conducted under the contract before the 14 contract is approved. Subsequent amendments to an approved contract do not 15 take effect until the amendments are approved by the department [THE 16 PERMITTEE SHALL SUBMIT TO THE DEPARTMENT A COPY OF THE 17 CONTRACT OR SUBSEQUENT AMENDMENT OF THE CONTRACT BY 18 CERTIFIED MAIL AT LEAST 15 DAYS BEFORE ACTIVITIES ARE 19 CONDUCTED UNDER THE CONTRACT OR AMENDED CONTRACT]. 20 * Sec. 10. AS 05.15.124 is amended to read: 21 Sec. 05.15.124. MUNICIPAL REGULATION OF OPERATORS. A 22 municipality may by ordinance prohibit an operator or a vendor from conducting 23 activities under this chapter within the municipality. 24 * Sec. 11. AS 05.15.128(a) is amended to read: 25 (a) The department shall revoke the license of an operator who does not 26 (1) report an adjusted gross income of at least 15 percent of gross 27 income for each quarter [TWO CONSECUTIVE QUARTERS] based on the total 28 operation of the operator; or 29 (2) pay to each authorizing permittee for each quarter [TWO 30 CONSECUTIVE QUARTERS] at least 30 percent of the adjusted gross income, as 31 determined under (1) of this subsection, from a pull-tab activity or at least 10 [15]
01 percent of the adjusted gross income, as determined under (1) of this subsection, from 02 a gaming activity other than pull-tabs, received from activities conducted on behalf 03 of the authorizing permittee. 04 * Sec. 12. AS 05.15.140(b) is amended to read: 05 (b) In an application for a permit, a municipality or qualified organization shall 06 disclose the name and address of each person responsible for the operation of the 07 activity and whether any person named 08 (1) has been convicted of [, IN PRISON FOR, OR ON PAROLE FOR] 09 a violation of a law of this state that is, or a law or ordinance of another state that 10 would be if committed in this state, an unclassified felony described in AS 11, a 11 Class A felony, extortion, or a violation of a law or ordinance of this state or 12 another jurisdiction that is [WITHIN THE PRECEDING FIVE YEARS, OR 13 CONVICTED OF] a crime involving theft or dishonesty or [OF] a violation of [A 14 MUNICIPAL, STATE, OR FEDERAL] gambling laws [LAW]; or 15 (2) has a prohibited financial interest, as defined in regulations adopted 16 by the commissioner, in the operation of the activity. 17 * Sec. 13. AS 05.15 is amended by adding a new section to read: 18 Sec. 05.15.145. MULTIPLE-BENEFICIARY PERMITS. (a) Two to six 19 municipalities or qualified organizations, or a combination of two to six municipalities 20 and qualified organizations, may jointly apply for a multiple-beneficiary permit under 21 AS 05.15.100(d). The commissioner may not issue or renew a permit except upon 22 satisfactory proof that each joint applicant is a municipality or qualified organization, 23 the activity may be permitted under this chapter, and the issuance of a permit is not 24 detrimental to the best interests of the public. Upon request of the commissioner, the 25 joint applicants shall prove conclusively each of these requirements before a permit 26 may be issued or renewed. 27 (b) The provisions of AS 05.15.140(b) - (d) apply to multiple-beneficiary 28 permits and applications for them. 29 (c) A municipality or qualified organization that is among the holders of a 30 multiple-beneficiary permit may withdraw from the permit by giving written notice of 31 intent to withdraw to the department and to the other holders of the permit. The
01 effective date of the withdrawal is 30 days after the department receives written notice 02 of intent. A municipality or qualified organization that withdraws from a multiple-beneficiary permit may apply for 03 a permit under AS 05.15.100(a), but its share of the 04 prizes awarded under the multiple-beneficiary permit and the prizes it awards under 05 its own permit are subject to the maximums established in AS 05.15.180(g). 06 (d) The holders of a multiple-beneficiary permit shall jointly file reports with 07 the department that comply with the reporting requirements imposed on operators 08 under AS 05.15.083. 09 * Sec. 14. AS 05.15.150(a) is amended to read: 10 (a) The authority to conduct the activity authorized by this chapter is 11 contingent upon the dedication of the net proceeds of the charitable gaming activity 12 [RAFFLES OR CONTESTS] to the awarding of prizes to contestants or participants 13 and to political, educational, civic, public, charitable, patriotic or religious uses in the 14 state. "Political, educational, civic, public, charitable, patriotic, or religious uses" means 15 uses benefiting persons either by bringing them under the influence of education or 16 religion or relieving them from disease, suffering, or constraint, or by assisting them 17 in establishing themselves in life, or by providing for the promotion of the welfare and 18 well-being of the membership of the organization within their own community, or 19 through aiding a political organization [CANDIDATES FOR PUBLIC OFFICE OR 20 GROUPS THAT SUPPORT CANDIDATES FOR PUBLIC OFFICE], or by erecting 21 or maintaining public buildings or works, or lessening the burden on government, but 22 does not include 23 (1) the direct contribution of proceeds of a bingo or pull-tab game 24 to a candidate for a public office of the state or a political subdivision of the state 25 or to that candidate's campaign organization; 26 (2) the use, directly or indirectly, of the net proceeds of the 27 charitable gaming activity to support lobbying efforts before any level of 28 government; or 29 (3) the erection, acquisition, improvement, maintenance, or repair of 30 real, personal, or mixed property unless it is used exclusively for one or more of the 31 permitted uses [STATED].
01 * Sec. 15. AS 05.15.160 is amended by adding new subsections to read: 02 (c) The total amount of authorized expenses that may be incurred under (a) of 03 this section in connection with a pull-tab activity may not exceed 70 percent of the 04 adjusted gross income from that pull-tab activity. 05 (d) The total amount of authorized expenses that may be incurred under (a) of 06 this section in connection with any gaming activity other than pull-tabs may not exceed 07 90 percent of the adjusted gross income from that gaming activity. 08 * Sec. 16. AS 05.15.170 is repealed and reenacted to read: 09 Sec. 05.15.170. SUSPENSION OR REVOCATION OF PERMIT, LICENSE, 10 OR VENDOR REGISTRATION. (a) The department may suspend, for a period of 11 up to one year, or revoke a permit, license, or vendor registration, after giving notice 12 to and an opportunity to be heard by the permittee or licensee, if the permittee, 13 licensee, or vendor 14 (1) violates or fails to comply with a requirement of this chapter or of 15 a regulation adopted under this chapter; 16 (2) breaches a contractual agreement with a permittee, licensee, or 17 registered vendor; 18 (3) becomes disqualified to participate in charitable gaming as provided 19 in AS 05.15.105; for the purposes of this paragraph, a permittee, licensee, or vendor 20 that is not a natural person is considered convicted if an owner or manager of the 21 permittee, licensee, or vendor is convicted; or 22 (4) knowingly submits false information to the department or, in the 23 case of a registered vendor, to a permittee when the vendor knows that the false 24 information will be submitted to the department as part of an application for 25 registration; 26 (5) gives or acts upon any inside information on the status of the prizes 27 awarded or to be awarded in a pull-tab game. 28 (b) If the department revokes a license or vendor registration under this 29 section, it may prohibit the licensee or vendor from reapplying for a license or vendor 30 registration for a period of not more than five years. If the department revokes a 31 permit under this section, it may prohibit the permittee from reapplying for a permit
01 for a period of not more than one year. 02 * Sec. 17. AS 05.15.180(d) is amended to read: 03 (d) The total value of door prizes offered or awarded under authority of a 04 permit issued to a municipality or qualified organization under this chapter or under 05 authority of a multiple-beneficiary permit may not exceed $20,000 a month or 06 $240,000 a year. 07 * Sec. 18. AS 05.15.180(e) is amended to read: 08 (e) The total value of all door prizes offered or awarded at a single facility or 09 bingo hall or parlor by an operator on behalf of authorizing permittees [OR BY A 10 PERMITTEE IN CONJUNCTION WITH OTHER PERMITTEES] may not exceed 11 $20,000 a month or $240,000 a year. 12 * Sec. 19. AS 05.15.180(g) is amended to read: 13 (g) A municipality or a qualified organization may award a maximum of 14 $1,000,000 in prizes each year in activities authorized under this chapter; however, if 15 a municipality or a qualified organization contracts with an operator to conduct on its 16 behalf activities authorized under this chapter, the municipality or qualified 17 organization may award a maximum of $500,000 in prizes each year. The holders of 18 a multiple-beneficiary permit under AS 05.15.100(d) may award a maximum in 19 prizes each year of $1,000,000 times the number of holders of the permit for 20 activities authorized under this chapter. In this subsection "activities authorized 21 under this chapter" means all activities subject to this chapter other than bingo. 22 * Sec. 20. AS 05.15.181(a) is amended to read: 23 (a) A person may not manufacture pull-tabs in the state, and may not sell or 24 distribute a pull-tab that the person has manufactured outside of the state to 25 persons in the state, unless the person has received a pull-tab manufacturer's license 26 issued by the department. 27 * Sec. 21. AS 05.15.183 is amended by adding a new subsection to read: 28 (e) A distributor may not 29 (1) take an order for the purchase of a pull-tab series from a vendor; 30 (2) sell a pull-tab series to a vendor; or 31 (3) deliver a pull-tab series to a vendor.
01 * Sec. 22. AS 05.15.187(f) is amended to read: 02 (f) Each permittee [MUNICIPALITY OR QUALIFIED ORGANIZATION] 03 that had gross receipts exceeding $100,000 during the preceding year from activities 04 conducted under this chapter or that is required to report under AS 05.15.080(a), that 05 conducts a pull-tab game shall maintain records for two years of each prize of $50 or 06 more, the first day and last day that each series was distributed, the serial number of 07 each series, and the distributor from whom each series was purchased. In this section 08 "permittee" includes municipalities and qualified organizations that jointly hold 09 a multiple-beneficiary permit. 10 * Sec. 23. AS 05.15.187 is amended by adding new subsections to read: 11 (h) An owner, manager, or employee of a person holding a permit or license 12 under this chapter, or registered under this chapter as a vendor, may not purchase a 13 pull-tab from a pull-tab series manufactured, distributed, or sold by the permittee, 14 licensee, or registered vendor. 15 (i) A permittee or registered vendor may not turn over a prize of $50 or more 16 to a person with a pull-tab card entitling the person to that prize unless the person 17 signs a receipt for the prize and returns the receipt to the permittee or vendor. The 18 pull-tab card entitling the person to the prize may be signed as the receipt. 19 (j) Notwithstanding (b) of this section, the department shall permit a permittee 20 that is a noncommercial broadcasting station or network of such stations to sell a pull-tab series at more than one 21 location during the same day. In this subsection, 22 "noncommercial broadcasting station" means a radio or television station that is 23 licensed by the Federal Communications Commission to a governmental entity or to 24 an entity that is exempt from federal taxation under 26 U.S.C. 501(c)(3) (Internal 25 Revenue Code). 26 * Sec. 24. AS 05.15 is amended by adding a new section to article 2 to read: 27 Sec. 05.15.188. PULL-TAB SALES BY VENDORS ON BEHALF OF 28 PERMITTEES; VENDOR REGISTRATION. (a) A permittee may contract with a 29 vendor to sell pull-tabs on behalf of the permittee, if the permittee first registers the 30 vendor with the department by applying for registration on a form prescribed by the 31 department and by submitting the registration fee of $50 for each location at which the
01 vendor will sell pull-tabs. 02 (b) Upon approval of the vendor registration, the department shall issue an 03 endorsement to the permittee's permit that authorizes the conduct of pull-tab sales at 04 that vendor location. 05 (c) The endorsement issued under (b) of this section is an extension of the 06 permittee's privilege under AS 05.15.100 to conduct pull-tab sales in this state. A 07 vendor may not sell a pull-tab series until a copy of the permit containing the 08 endorsement for the new vendor location has been posted by the permittee in the 09 registered vendor establishment. The endorsed permit must be clearly visible to the 10 gaming public. 11 (d) A separate endorsement shall be issued for each vendor location. The 12 permittee shall inform the department when a vendor with whom the permittee is 13 contracting changes the physical location at which pull-tabs are sold, and shall return 14 to the department all copies of a permit endorsed to a vendor that is no longer selling 15 pull-tabs on behalf of the permittee. Failure to inform the department of a change in 16 vendor location, or to return the endorsed copies of a permit to the department after 17 a vendor change, may constitute grounds for the suspension or revocation of a 18 permittee's permit. 19 (e) At the time that a permittee annually renews its permit, it shall also renew 20 the registration of all locations where a vendor is selling pull-tabs on the permittee's 21 behalf and shall pay a registration fee of $50 for each vendor location. 22 (f) A permittee that uses a vendor to sell pull-tabs on its behalf shall enter into 23 a written contract with that vendor. The department may inspect this contract. If the 24 contract contains provisions that violate this chapter or the regulations adopted under 25 it, the department may declare the contract void, and may suspend or revoke the 26 registration of the vendor and the permit of the permittee. 27 (g) A person, other than a permittee's member-in-charge, may not directly 28 supply a pull-tab series to a registered vendor for sale by that vendor on behalf of the 29 permittee. 30 (h) If a permittee contracts with a vendor under (a) of this section, the contract 31 must provide that the permittee shall receive no less than 50 percent of the ideal net.
01 (i) An amount equal to the ideal net less the compensation owed to the vendor 02 shall be paid by the vendor to the member-in-charge upon delivery of a pull-tab series 03 to the vendor for sale. The amount required to be paid by the vendor shall be paid by 04 check or, if paid by other means, shall be deposited directly into the gaming checking 05 account of the permittee. 06 (j) All money paid to a registered vendor under this section by a permittee 07 shall be paid by check only, and the check may not be drawn in a manner that the 08 payee is not identified. 09 (k) An operator may not contract with or use a vendor to sell pull-tabs on 10 behalf of the operator. 11 (l) Pull-tabs may be sold by a vendor under this section only through a pull-tab 12 ticket dispensing machine authorized by the department under AS 05.15.060. 13 * Sec. 25. AS 05.15 is amended by adding a new section to read: 14 Sec. 05.15.195. ORDER PROHIBITING ACTION IN VIOLATION OF 15 CHAPTER. (a) If the commissioner determines that a person has engaged in an act 16 or practice in violation of this chapter or a regulation adopted under this chapter, the 17 commissioner may, after giving reasonable notice to the person and an opportunity for 18 the person to be heard, issue an order prohibiting the violation by the person. The 19 order remains in effect until the person has submitted evidence acceptable to the 20 commissioner showing that the violation has been corrected. 21 (b) If the public interest requires, the commissioner may issue an emergency 22 order prohibiting an act or practice in violation of this chapter or a regulation adopted 23 under this chapter without notice to or an opportunity to be heard by the person 24 affected by the order. The commissioner shall immediately serve the person with a 25 copy of the emergency order. An emergency order expires 60 days after the date it 26 is issued, if the person affected by the order requests a hearing within 15 days of 27 receipt of the order. If the person does not request a hearing within 15 days of receipt 28 of the emergency order, the order becomes permanent. Following a hearing, the 29 commissioner may rescind, modify, or make permanent the emergency order. 30 (c) A party aggrieved by an order under this section may appeal to the superior 31 court.
01 * Sec. 26. AS 05.15.200(b) is amended to read: 02 (b) A person who, with the intent to mislead a public servant in the 03 performance of the public servant's duty, submits a false statement in an application 04 for a permit, license, or vendor registration under this chapter [,] is guilty of unsworn 05 falsification. 06 * Sec. 27. AS 05.15.210(27) is amended to read: 07 (27) "political organization" means a political party as defined in 08 AS 15.60.010 or an organization or club organized under or formally affiliated with 09 a political party [AS DEFINED IN AS 15.60.010]; 10 * Sec. 28. AS 05.15.210 is amended by adding new paragraphs to read: 11 (36) "fund raiser or consultant" means a person who provides advice 12 or technical assistance in support of or concerning the conduct of gaming activities 13 under this chapter, whether the person is or is not an employee of a licensee; 14 (37) "ideal net" means an amount equal to the total amount of receipts 15 that would be received if every individual pull-tab ticket in a series were sold at face 16 value, less the prizes to be awarded for that series; 17 (38) "managerial or supervisory capacity" means that the employee 18 (A) is responsible for gaming receipts; 19 (B) has the authority to hire employees or to dismiss or 20 otherwise discipline them; 21 (C) prepares financial reports required under this chapter; 22 (D) is responsible for keeping the accounts for activities under 23 this chapter; 24 (E) is responsible for conducting activities under this chapter, 25 including the arranging for locations at which those activities will occur; or 26 (F) is a fund raiser or a consultant; 27 (39) "permittee" means a municipality or a qualified organization that 28 holds a valid permit under AS 05.15.100; 29 (40) "vendor" means a business whose primary activity is not regulated 30 by this chapter but that is engaged in the sale of pull-tabs on behalf of a permittee, 31 holds a business license under AS 43.70, and is
01 (A) a retail establishment; 02 (B) an eating establishment; or 03 (C) an establishment licensed under AS 04.11. 04 * Sec. 29. AS 05.15.122(c), 05.15.122(d), and 05.15.140(c) are repealed. 05 * Sec. 30. Except for secs. 11 and 15 of this Act, this Act takes effect immediately under 06 AS 01.10.070(c). 07 * Sec. 31. Sections 11 and 15 of this Act take effect January 1, 1994.