A Proposed Rule Making, No hearing(s) Scheduled, I.D. No. RWB-34-08-00003-P, pertaining to Bonus Ball Bingo, published in the August 20, 2008 issue of the State Register failed to include the full text of rule 5820.57. The following includes the full text of the rule.
New section 5820.57 is added to 9NYCRR to read as follows:
5820.57 Bonus Ball.
Bonus ball is a special bingo game played in conjunction with one or more regular and/or special bingo games that have been designated by the licensed authorized organization on its application for bingo license and on the bingo program required by Section 5820.39 of this subtitle as "Bonus Ball Games" and in which a "Bonus Ball Prize" is awarded to the player acquiring the designated winning bingo pattern when the last number called and marked by that player is identical to the "Bonus Ball Number".
1. a. Bonus ball may be conducted during single occasions, and during each occasion of multiple occasion bingo sessions known as Double Headers and Triple Headers, as described in subdivision 2 of this section, provided the licensed authorized organization adheres to all of the provisions of this Subtitle related to the determination of the Bonus Ball Number, the sale of opportunities to enroll in bonus ball, and the establishment, awarding, or carrying-over of the bonus ball prize.
b. The "Bonus Ball Number" is determined for each occasion by the bingo caller's drawing of a bingo ball from the receptacle, the caller's announcement that the ball drawn is the Bonus Ball Number for that occasion only, the prominent posting of the Bonus Ball Number in an area of the bingo premises visible to the majority of players, and the immediate return of that ball to the receptacle. The Bonus Ball Number must be determined, announced and prominently posted prior to the start of the first bingo game in each occasion.
c. To be eligible to participate in bonus ball, each player must pay a fee for that opportunity prior to the start of the first bingo game in an occasion wherein bonus ball will be played. To verify payment, the player shall be issued a bonus ball receipt unique to that occasion, or some similar method of verifying payment must be used, such as stamping the player's hand with ink, or indelibly marking their bingo cards to reflect payment.
d. The fee for a single opportunity to participate in bonus ball, which cannot exceed one dollar, entitles each participating player to compete in all bingo games conducted during an occasion that are specified as bonus ball games in the authorized organization's application for bingo license, and on the bingo program required by Section 5820.39 of this subtitle.
e. All sales of opportunities to play bonus ball must cease prior to the caller's announcement of the total amount collected from the sale of opportunities to participate in bonus ball and the amount of the bonus ball prize.
f. The total amount collected from the sale of opportunities to participate in bonus ball and the amount of the bonus ball prize must be announced by the caller at least fifteen minutes prior to the start of the first bingo game designated as a bonus ball game in each occasion.
g. If a winner of a designated bonus ball game is verified, a bonus ball prize consistent with subdivision h. below shall be awarded to the winning player, and the caller shall declare the bonus ball game closed for the remainder of that bingo occasion.
h. Each winner of a bonus ball game shall be awarded a cash prize equal to a percentage of the proceeds collected from the sale of opportunities to participate in bonus ball, which cannot exceed seventy-five percent of the proceeds derived from such sales. The remaining percentage of the proceeds from those sales, which cannot be less than twenty-five percent, is retained by the licensed authorized organization as profit. The percentage of sales used to calculate bonus ball prizes must be consistently applied at all occasions, as specified in the licensed authorized organization's application for bingo license, on the license, and on the bingo program required by Section 5820.39 of this Subtitle.
i. If there is no winner during a bingo occasion in which opportunities to play bonus ball are sold, the bonus ball prize money is carried-over and added to the specified percentage of the proceeds derived from the sale of bonus ball opportunities during each subsequent bingo occasion, until a winner is determined and the bonus ball prize is awarded, provided, however, pursuant to Subsection 11-b of Section 1 of Section 476 of the General Municipal Law, that no bonus ball prize can exceed the sum of $6,000. When a bonus ball prize reaches $6,000, that prize must remain at $6,000 until a winner is determined. All proceeds from the sale of opportunities collected after a bonus ball prize has reached $6,000 shall be retained by the licensed authorized organization as profit until the $6,000 bonus ball prize is awarded, at which time the caller shall declare the bonus ball game closed for the remainder of that bingo occasion.
j. Bonus ball prizes are exempt from the single game prize limitation of $1,000 and the $3,000 limit on the series of prizes imposed by Subdivisions 5 and 6 of Section 479, paragraph (a) of Subdivision 1 of Section 481 of the General Municipal Law, and Section 5820.25 of this Title. However, as detailed in Subsection i. above, no bonus ball prize can exceed the sum of $6,000, pursuant to Subsection 11-b of Section 1 of Section 476 of the General Municipal Law.
k. Although the prizes awarded in Bonus Ball games are comprised of a predetermined percentage of the proceeds collected from the sale of opportunities identical to the prizes awarded in Early Bird bingo games defined in 5800.1 (h) and conducted pursuant to Section 5820.50 of this Subtitle, Early Bird and Bonus Ball are two distinctly separate bingo games. Authorized organizations may be licensed to conduct two Early Bird games per occasion, and can also designate any or all of the regular and/or special bingo games conducted during that occasion to be Bonus Ball games.
2. Opportunities to participate in both occasions of a double-header or all three occasions of a triple header session may be sold prior to the first occasion in such sessions, provided;
a. The proceeds from the total sales of bonus ball opportunities are, prior to the start of the first occasion, divided into two equal parts for a double header, and three equal parts for a triple header, and that those parts shall be subdivided according to the percentages specified on the application for the bingo license to form the percentage of such funds to be retained by the licensee as the profit for each occasion, and the percentage of the proceeds to be available as separate prizes in each of the occasions in the session, and
b. The bonus ball number must be determined by a drawing of a bingo ball from the bingo receptacle, and it must be announced; prominently posted in the area of the bingo premises occupied by the majority of players; and shall be returned to the receptacle prior to the start of the first bingo game in each occasion in which bonus ball is conducted, unless the application for bingo license specifies that the bonus ball number drawn prior to the first game in the first occasion of a double header or triple header session shall be designated the bonus ball number for all of the occasions conducted during that session.
Text of proposed rule and any required statements and analyses may be obtained from: Gail Pronti, Secretary to the Board, NYS Racing and Wagering Board, One Broadway Center, Suite 600, Schenectady, NY 12305, (518) 395-5400, email: info@racing.state.ny.us
Data, views or arguments may be submitted to: Same as above.
Public comment will be received until: 45 days after publication of the notice.
