IDAPA 52.01.03
The purpose of this rule is to provide definitions and guidance to Lottery players and winners. The rule provides direction concerning the validation and claiming of winning tickets and descriptions of all Lottery game types. It provides guidelines for retailers and vendors anticipating doing business with the Lottery, either through selling Lottery products or selling products to the Lottery.
This rule also provides definitions and guidelines for Charitable Gaming entities, both those keeping records and those participating in Charitable Bingo or Raffles.
This rule implements the following statutes passed by the Idaho Legislature:
State Government and State Affairs -
Idaho State Lottery:
Bingo and Raffles:
Idaho State Lottery
1199 Shoreline Lane, Suite 100
Boise, ID 83702
Phone: (208) 334-2600
Fax: (208) 334-2610
Email: info@lottery.idaho.gov
https://www.idaholottery.com
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
52.01.03 – Rules Governing Operations of the Idaho State Lottery
SUBCHAPTER A – INTRODUCTORY PROVISIONS AND DEFINITIONS 4
000. Legal Authority. ... 4
001. Scope. ... 4
002. -- 009. (Reserved) ... 4
010. Definitions. ... 4
011. -- 099. (Reserved) ... 4
SUBCHAPTER B – OPERATIONS OF THE IDAHO STATE LOTTERY 4
100. Definitions. ... 4
101. Operating Provisions. ... 6
102. Conflict Of Interest Policy. ... 9
103. -- 199. (Reserved) ... 11
200. Lottery Contracting Rules. ... 11
201. Criteria For Review Of Retailer Applications And Conduct Of Operations. ... 17
202. General Instant Ticket Game Operating Rules. ... 20
203. (Reserved) ... 23
204. Draw Computer Games. ... 23
205. Pulltab Games. ... 26
206. -- 299. (Reserved) ... 28
SUBCHAPTER C – CHARITABLE GAMING RULES OF THE IDAHO STATE LOTTERY 28
300. Definitions. ... 28
SUB AREA: CONDUCT OF BINGO GAMES 30
301. Bingo By Charitable Or Nonprofit Organizations. ... 30
302. Defining a Bingo Session. ... 30
303. Posting Of License And Hours. ... 30
304. Members Of Organization In Attendance -- Training Of Employees. ... 31
305. Employees Ineligible To Play. ... 31
306. Minors. ... 31
307. Tracking Requirements In Games Using Paper Bingo Cards. ... 31
308. Duties Of Bingo Caller And Employees Or Volunteers In Games Using Paper Bingo Cards. ... 31
309. Determining Winners When A Player Using A Paper Bingo Card Claims To Be A Winner. ... 32
310. Miscellaneous Rules For Games Using Non-Electronic Bingo Cards. ... 32
311. Bingo Operations Using Electronic Bingo Machines. ... 33
312. Requirements For Bingo Game Operations Using Electronic Bingo Machines. ... 33
313. Play Using Electronic Bingo Machines. ... 33
314. -- 315. (Reserved) ... 33
| 316. Limits On Bingo Operation's Prize Payout Ratios And Administrative Expenses. | 33 |
|---|---|
| 317. Minimum Charitable Or Nonprofit Donation. | 34 |
| 318. Maximum Prizes. | 34 |
| 319. -- 320. (Reserved) | 34 |
| 321. Accounting And Reporting Required. | 34 |
| 322. Separate Bank Account And Limitations On Use. | 34 |
| 323. General Ledger. | 34 |
| 324. Annual Report. | 35 |
| 325. Records Of Prize Disbursements. | 35 |
| 326. Accounting Of Revenues And Expenses. | 35 |
| 327. -- 399. (Reserved) | 35 |
| SUB AREA: CONDUCT OF RAFFLES 35 | |
| 400. Requirements For Organizations Conducting Raffles. | 35 |
| 401. Ownership Of Prizes. | 35 |
| 402. Requirements For Donation To Charity -- Limitation On Expenses. | 35 |
| 403. General Ledger And Recordkeeping. | 35 |
| 404. Annual Raffle Report. | 36 |
| 405. -- 499. (Reserved) | 36 |
| SUB AREA: LICENSING AND LICENSE FEES FOR ORGANIZATIONS CONDUCTING BINGO GAMES OR RAFFLES 36 | |
| 500. Information To Be Provided With Application. | 36 |
| 501. Multiple Chapters Licensed Together. | 36 |
| 502. Compensation Of Certain Persons And Contracts With Certain Persons Prohibited. | 36 |
| 503. Action On Licenses. | 36 |
| 504. Suspension Or Revocation Of License -- Civil And Criminal Penalties. | 36 |
| 505. Exemption From Licensing And Licensing Fees. | 37 |
| 506. Rules And Forms. | 37 |
| 507. -- 599. (Reserved) | 37 |
| SUB AREA: VENDORS APPROVED GAMING DEVICES 37 | |
| 600. Approval, Denial Or Dismissal Of Application For Issuance Of License. | 37 |
| 601. Suspension Or Revocation Of License. | 37 |
| 602. -- 609. (Reserved) | 37 |
| 610. Gaming Devices, Equipment Or Materials. | 37 |
| 611. Paper Bingo Card Manufacturers Standards. | 37 |
| 612. Number Selectors. | 38 |
| 613. -- 999. (Reserved) | 38 |
Sections 67-7401, 67-7404, 67-7406, 67-7408, and 67-7411, Idaho Code. (7-1-25)
The rules govern operations of the Lottery. The rules also set forth which bingo games and raffles are legal in the state of Idaho and to bring all legal bingo games and raffles in the state of Idaho under the control of the Lottery. (7-1-26)
01. Commissioner. A member of the Idaho State Lottery Commission. (3-25-22)
These rules apply to Subchapter B only: (3-25-22)
01. Benefit. Any thing, property or money, favorable consideration or advantage, profit, privileges, gain or interest to which a person is not otherwise entitled. (3-25-22)
02. Certificate. The signed document issued by the Director authorizing a retailer to sell Lottery products. (3-25-22)
03. Control Person. A person in a position of authority that is primarily defined according to organizational type. The following are control persons: (3-25-22)
a. In a privately-owned corporation, the officers, directors, and stockholders of the ultimate parent company who own five percent (5%) or more of the company's stock and, if applicable, any of its subsidiaries. (7-1-26)
b. In a publicly-owned corporation, the officers and directors of the ultimate parent company and each of its subsidiaries. Additionally, stockholders who own five percent (5%) or more of the corporation's stock are control persons. (7-1-26)
c. In a trust, the trustee and all persons entitled to receive income or benefit from the trust. (3-25-22)
d. In an association, the members, officers, and directors. (3-25-22)
e. In a partnership or joint venture, the general partners, limited partners, or joint venturers. (3-25-22)
f. A member of the immediate family of any of who is a control person under Paragraphs 100.03.a. through 100.03.e. of this definition. (7-1-26)
g. A subcontractor of a vendor if the subcontractor performs more than half of the vendor's contract with the Lottery. (3-25-22)
04. Executive Staff. The director of Lottery Security Division and the deputy directors appointed by the Director. (3-25-22)
05. Gift. A transfer, exchange or delivery of anything, property or money, of any value whatsoever, with or without an expectation by the giver to receive anything, tangible or intangible, in return. (3-25-22)
06. Immediate Family. A natural person's spouse, children, brother, sister, or parent by blood, marriage, or adoption who resides as a member of the same household in the principal place of residence of any commissioner, Lottery contractor, vendor, retailer, member, or Lottery employee. (7-1-26)
07. Instant Game. A game in which a ticket is purchased and upon removal of a latex or similar secure covering on the front of the ticket, the ticket bearer determines his or her winnings, if any. (3-25-22)
08. Invitation to Bid. The solicitation of competitive offers in which specifications, price, and delivery (or project completion) will be the predominant award criteria. (3-25-22)
09. Lottery Contract. Any contract entered into either by the Lottery or for the Lottery by another public agency, for the purchase, lease, or sale of goods or services. (7-1-26)
10. Lottery Employee. Any person who works full- or part-time for the Lottery. (7-1-26)
11. Lottery Game. Any procedure authorized by the Commission whereby prizes are distributed among persons who have paid, or unconditionally agreed to pay, for tickets or shares which provide the opportunity to win such prizes. Lottery game themes must be approved by the Commission, be consonant with the dignity of the state. (7-1-26)
12. Draw System. The Lottery’s draw computer wagering system consists of ticket issuing terminals, central processing equipment, and a communications network. (7-1-26)
13. Play Symbols. The numbers or symbols appearing in the designated area under the removable covering on the front of the ticket. (3-25-22)
14. Prize. Any award, financial or otherwise, awarded by the Director for successfully playing a Lottery game. (3-25-22)
15. Request for Proposal. The solicitation of competitive proposals, or offers, to be used in part as a basis for making an acquisition, or entering into a contract, when specification and price will not necessarily be the predominant award criteria. (3-25-22)
16. Retailer Validation Code. The symbols found under the removable rub-off covering over the play symbols on the front of each ticket. (3-25-22)
17. Sensitive Procurement. Those procurement actions or contracts, other than “major procurements,” that may either directly or indirectly affect the integrity, security, honesty, and fairness of the operation and administration of the Lottery. A typical example of this class of procurement is the acquisition of security systems that protect the security and integrity of the Lottery. (3-25-22)
18. State Lottery Act of 1988. The Act approved by the legislature creating the Lottery, which became effective November 23, 1988, as amended, which is codified at Title 67, Chapter 74, Idaho Code. (7-1-26)
19. Subcontractor. Any third party not in the employment of a contractor, who is performing all or part of the work in the contractor’s agreement with the Lottery under a separate contract with the contractor. The term “subcontractor” means subcontractor of any tier. (3-25-22)
20. Ticket Bearer. The person who has signed the ticket or has possession of the unsigned ticket. (3-25-22)
21. Ticket A Bearer Instrument. A ticket is a bearer instrument until signed in the space designated on the ticket for signature. The person who signs the ticket is considered the owner of the ticket. Payment of any prize may be made to a person in possession of an unsigned ticket. All liability of the state, the Commission, the Lottery, the Director, and Lottery employees terminates upon payment. (7-1-26)
22. Ticket Validation Number or Validation Number. The multidigit number found on the front of the ticket. It is either uncovered or found underneath the “Do Not Remove” area on the ticket or any stub. (3-25-22)
23. Total Annual Revenue or Annual Revenue. The sum of all of the Lottery’s proceeds and accrued income that is characterized as a reduction or recovery of expenses. (3-25-22)
24. Unclaimed Prize. Any award, financial or otherwise, of more than twenty-five dollars ($25) for which there is physical, tangible evidence of eligibility but for which the prize has not been paid within one (1) year. (3-25-22)
01. Lottery Commission. The Commission is charged with the authority and duty to regulate Lottery activities in the state of Idaho, consistent with the Idaho Constitution and the enabling legislation. The headquarters of the Commission and of the Lottery is in Boise. (3-25-22)
a. Regular meetings of the Commission will be held at least quarterly. The Commission may meet with the Director to make recommendations and set policy, to approve or reject reports of the Director, to adopt rules, and to transact other business. (7-1-26)
b. Additional meetings necessary to discharge the business of the Commission may be called from time to time by the chairman or by a quorum of the Commission. (3-25-22)
03. Director. The Director is responsible for the operation of the Lottery and for managing the affairs of the Commission. A Deputy Director designated by the Director may act for the Director in the absence of the Director. If there is a vacancy in the office of Director, the Commission will designate the Deputy Director as Interim Director until the vacancy can be filled. (3-25-22)
a. The Director may recommend rules governing the establishment, administration, and operation of the Lottery to the Commission for its approval; (7-1-26)
b. The Director will maintain full and complete records of the operation of the Lottery and report on at least a monthly basis to the Commission and to the governor on the status of the Lottery. (3-25-22)
c. In addition to those duties assigned to the Director in the State Lottery Act of 1988, the Commission may, insofar as is consistent with the Idaho Constitution and the State Lottery Act of 1988, delegate the performance of executive or administrative functions to the Director. The duties and responsibilities of the Director that are not otherwise specified in Idaho law or the rules adopted by the Commission may be maintained as a policy of the Commission for the purpose of establishing a working relationship between the Director and the Commission. (7-1-26)
a. The Director may authorize special drawings to award prizes, such as vacation trips, automobiles, or other tangible items in addition to, or in lieu of, cash awards. The Director will determine the nature and number of awards for each special drawing. Special drawings for promotional awards may be held independently of the Lottery’s regular prize drawings or may be incorporated therein. The promotional drawings may be cosponsored and conducted in conjunction with Lottery retailers or other independent businesses. In view of the temporary nature and indeterminate frequency of the promotional awards drawings, a press announcement and normal advertising media will be used to inform the public of the rules and prizes for each special drawing. (3-25-22)
b. Notwithstanding the provisions of Paragraph 101.05.a. of this rule, the Director may, at his discretion, award in-lieu equivalent cash awards to the winners of tangible items, in those instances where the Director deems it appropriate. The value of noncash items will be estimated by using either the cost of the item or its fair-market value. (7-1-26)
06. Retail Drawings. The Director and his designee may authorize retailers to conduct drawings using non-winning Lottery tickets in conjunction with a particular Lottery game. Such authorization will be in writing,
specify the type of drawing to be conducted, and forth the methodology to be used in conducting the drawing. (3-25-22)
a. Notwithstanding the price adopted for the retail sale of a ticket in the rules for a specific Lottery game, the Commission may offer discounts for the retail sale of Lottery tickets. (3-25-22)
i. Discounts for the retail sale of Lottery tickets may be offered to the public through the use of coupons approved by the Director or by any other method approved by the Director. (3-25-22)
ii. Coupons that offer a discount on the retail price of Lottery tickets will be distributed using methods designed to reach the public. (3-25-22)
b. Rules for a promotion conducted by the Lottery using retail ticket discounts will be published by the Director and made available at the Lottery’s offices and retailer locations. (3-25-22)
a. Purpose: The primary objective of the Lottery is to produce the maximum amount of net revenues to benefit the public purpose of raising revenue consonant with the dignity of the state and the sensibilities of its citizens. In accomplishing this objective, at least forty-five percent (45%) of the total annual revenues will be returned in the form of prizes. The Lottery may design and conduct Lottery games that return more than forty-five percent (45%) of the revenues received from the sale of tickets in the form of prizes as an incentive to increase the total amount of Lottery game sales over the level of sales that otherwise would have been reasonably expected using a lower prize percentage. Lottery games may also be authorized that return less than forty-five percent (45%) of that Lottery game’s revenues so long as forty-five percent (45%) of the total annual revenues is returned as prizes. (7-1-26)
b. Notwithstanding the prize structure adopted for a Lottery game, the amount of revenue returned for prizes among all the Lottery games offered by the Lottery may be reallocated so long as at least forty-five percent (45%) of the total revenue earned from all Lottery games is returned to the public in the form of prizes on an annual basis. The Director will report to the Commission on any reallocations made pursuant to Section 101 of these rules. (7-1-26)
a. Except for tickets claimed jointly in accordance with the provisions of Paragraph 101.09.d. of this rule, until a name is printed or placed upon a Lottery ticket in the designated area, the ticket is owned by the bearer, who is entitled to any prize attributable to the ticket. (7-1-26)
b. If more than one (1) name appears on a ticket, the ticket must be claimed in accordance with the joint ownership procedures listed in Paragraph 101.09.d. of this rule. (7-1-26)
c. Groups, family units, clubs, or other organizations may claim a winning ticket if the organization possesses a Federal Employer Identification Number (FEIN) issued by the Internal Revenue Service and that number is shown on the claim form. (3-25-22)
d. If a ticket is claimed to be owned by two (2) or more people, the following steps will be taken for payment of the prize: (3-25-22)
i. All people claiming ownership must complete and sign a claim form and declare their percentage of the prize prior to processing the claim. After the claim form is submitted to the Lottery, the percentage cannot be amended. The percentages claimed must add up to one hundred percent (100%) of the prize. (3-25-22)
ii. At least one (1) of the people claiming ownership of the ticket must sign the ticket and also sign the claim form. (3-25-22)
iii. The Lottery reserves the right to issue a single prize check instead of multiple prize checks to the owners of a ticket if the value of each individual prize check would be less than fifty dollars ($50). (3-25-22)
iv. Multiple winners of a Lottery prize will be paid only through the Boise Lottery office. Lottery retailers will not be required to pay more than one (1) winner of a single prize. (3-25-22)
a. The Lottery may use the names, addresses, and photographs of winners in any Lottery promotional or publicity campaign. The address used will not contain the winner’s street or house number without the winner’s consent. The Lottery may condition payment of the prize upon agreement to these terms and conditions. (7-1-26)
b. All prizes will be paid within a reasonable time after a claim is verified by the Lottery and a winner is determined. The date of the first installment payment of any prize to be paid in installment payments is the date the claim is validated and processed, unless a different date is specified for a particular Lottery game in these rules or in the specific Lottery game rules. Later installment payments will be made approximately weekly, monthly, or annually, from the date the claim is processed and validated in accordance with the type of prize won and the rules applicable to the prize. The Lottery may, at any time, delay any prize payment in order to review a change in circumstances concerning the prize awarded, the payee, or the claim. All delayed payments will be brought up to date immediately upon the Lottery’s confirmation and continue to be paid on each original anniversary date thereafter. (7-1-26)
c. If any prize is for the life of the winner, only an individual may claim and receive the prize for life. If a group, corporation, or other organization is the winner, the life of the winner is deemed to be twenty (20) years. (7-1-26)
11. Payment of Prizes to Persons Under Eighteen Years of Age. If a person entitled to a prize for a winning ticket is under the age of eighteen (18) years, the Director may direct payment of the prize to an adult member of the minor’s family or to the minor’s guardian by a check or draft payable to the adult member of the minor’s family or the minor’s guardian. The adult member of the minor’s family or the minor’s guardian will have the same duties and powers as a person designated as a custodian in accordance with Idaho law. For purposes of this Subsection, the terms “adult member of a minor’s family” and “guardian of a minor” have the same meaning as in Section 68-803, Idaho Code. The Director will be discharged of all liability upon payment of a prize to a minor pursuant to this rule. (7-1-26)
12. Prizes Payable After Death of Winner. All prizes, and portions of prizes, that remain unpaid at the time of the prize winner’s death will be payable to the personal representative of the prize winner’s estate once satisfactory evidence of the personal representative’s appointment has been provided, and the Director is satisfied that payment to the personal representative is lawful and proper. The Director may rely on a certified copy of a court order appointing a personal representative (or similar person responsible for the prize winner’s estate, whether denominated an administrator, executor, executrix, or other representative of the prize winner’s estate) or may petition the court to determine the proper payee. Payment to the personal representative of the estate of the deceased owner of any prize winnings will absolve the Director and the Lottery’s employees of any further liability for payment of prize winnings. (3-25-22)
13. Disability of Prize Winner. The Lottery may petition any court of competent jurisdiction for a determination of the rightful payee for the payment of any prize winnings that are or may become due to a person under a disability including, but not limited to, mental deficiency, or physical or mental incapacity. (3-25-22)
a. Prizes of less than six hundred dollars ($600) may be claimed by one (1) of the following methods: (7-1-26)
i. The claimant may present the winning ticket to any Lottery retailer. The retailer shall verify the claim and, if acceptable, make payment of the amount due the claimant. A retailer may pay prizes in cash or by
business check, money order, no fee prize payment card, or any combination thereof. A retailer that pays a prize with a check that is dishonored may be subject to suspension or termination of the retailer's contract. (7-1-26)
ii. If the retailer cannot verify the claim, the claimant shall fill out a claim form and the retailer shall present the completed form and the disputed ticket to the Director. If the claim is validated, payment will be made to the claimant in cash, or by check or money order in the amount due. If the claim is not validated, the claim will be denied and the claimant will be promptly notified. (7-1-26)
iii. The claimant may present the ticket to the Lottery office or complete a claim form and mail it with the ticket to the Idaho State Lottery (registered mail recommended). Claim forms may be obtained from any Lottery game retailer or from the Lottery. (7-1-26)
b. To claim any prize of six hundred dollars ($600) or more, the claimant shall either present the winning ticket to the Lottery office or complete a claim form and mail the completed form together with the winning ticket to the Idaho State Lottery (registered mail recommended). (7-1-26)
c. Prizes of six hundred dollars ($600) or more can be paid only from the Boise Lottery office. Upon validation by the Director, payment will be made by check or money order in the amount due, less any applicable federal income tax withholding. (7-1-26)
d. Any ticket not passing all the validation checks is void and ineligible for any prize and will not be paid. However, the Director may, solely at the Director's option, replace an invalid ticket with an unplayed ticket (or ticket of equivalent sales price from any other current Lottery game). If a defective ticket is purchased, the only responsibility or liability of the Lottery is the replacement of the defective ticket with another unplayed ticket (or ticket of equivalent sale price from any other current Lottery game). (7-1-26)
15. Discharge of All Liability Upon Payment. The state of Idaho, its agents, officers, employees, and representatives, the Lottery, its Director, agents, officers, Lottery employees and representatives, will be discharged of all liability upon payment of a prize or any one (1) installment thereof to the holder of any winning Lottery ticket or in accordance with the information set forth on the claim form supplied by the Director. If there is a conflict between the information on a winning Lottery ticket and the information on the claim form, the Lottery may rely on the claim form after the ticket for which it has been filed has been validated as a winning ticket and, in so doing, it will be relieved of all responsibility and liability in the payment of a prize in accordance with the information set forth therein. The Lottery's decision and judgments in respect to the determination of a winning ticket or of any other dispute arising from payment or awarding of prizes are final and binding upon all participants in the Lottery unless otherwise provided by law or these rules. If a question arises concerning the winning ticket, a claim form, the payment, or the awarding of any prize, the Lottery may deposit the prize winnings into an escrow fund until it determines the controversy and reaches a decision, or it may petition a court of competent jurisdiction for instructions and a resolution of the controversy. (7-1-26)
16. Effect of Lottery Game Rules. In purchasing a ticket the player agrees to comply with Title 67, Chapter 74, Idaho Code, these rules, the specific Lottery game rules, Lottery instructions and procedures, and the final decisions of the Lottery. If a dispute between the Lottery and a player occurs as to whether a ticket is a winning ticket and the prize is not paid, the Lottery may, solely at the Director's option, replace the ticket with an unplayed ticket of an equivalent price from any game or refund the price of the ticket. This will be the sole and exclusive remedy of the player. (7-1-26)
17. Sale of Lottery Tickets. Lottery tickets may be sold for cash, check, money order, credit card, electronic funds transfer, or debit card. (3-25-22)
01. Persons Subject to Conflict of Interest Policy. Every Commissioner, the Director, every Deputy Director, and every other Lottery officer and Lottery employee is considered a person subject to this rule on conflict of interest. If a statutory provision, rule, or policy applicable to the Lottery conflicts with Section 67-7443, Idaho Code, the more stringent provision applies. (7-1-26)
02. Statements For Economic Interest. Every person listed in Subsection 102.01 of this rule, is prohibited from directly or indirectly, individually, or as a member of a partnership, or as a shareholder of a corporation, or as a participant in a joint venture or association with any other person, having an interest in dealing in a Lottery game or in the ownership or leasing of property used by or for a Lottery game. (7-1-26)
03. Persons Ineligible For Prizes. Except as provided in Section 67-7440, Idaho Code, the following persons are disqualified from purchasing a Lottery ticket or share, and from receiving a Lottery prize: (3-25-22)
a. Every person listed in Subsection 102.01 of this rule; (7-1-26)
b. Any officer, director, or employee of any vendor of Lottery tickets or manufacturer of equipment used to determine winners in computerized Lottery games, and any of their subcontractors who may affect the security, integrity, or honesty of the Lottery; (3-25-22)
c. Any Lottery contractor or consultant under agreement with the Lottery to review the Lottery’s security procedures, and any other contractor or consultant that the Director deems ineligible if the Director reasonably determines that the security, honesty, and integrity of the Lottery may be adversely affected; (3-25-22)
d. An immediate family member of any individual described in Paragraphs 102.03.a. through 102.03.c. of this rule who is a member of the same household. (7-1-26)
04. Gift Prohibitions. (3-25-22)
a. Except as provided in Paragraph 102.03.b. of this rule, every person listed in Subsection 102.01 of this rule, including members of their immediate family, are prohibited from soliciting or receiving, directly or indirectly, a gift in excess of fifty dollars ($50) from any person who might reasonably be expected to receive a benefit from the Lottery. (7-1-26)
05. Persons Prohibited From Providing Services. The following individuals and entities are prohibited from being a Lottery game retailer, Lottery vendor, or Lottery contractor, and shall not provide audits or study services as specified by Title 67, Chapter 74, Idaho Code: (3-25-22)
a. Every person listed in Subsection 102.01 of this rule; (7-1-26)
b. A member of the immediate family who is a member of the same household of any person listed in Subsection 102.01 of this rule; (7-1-26)
06. Outside Activities Restricted. (3-25-22)
a. The Director, all Deputy Directors, and all full-time Lottery officers and Lottery employees are required to render full-time service to the duties of their positions. Part-time, temporary, or seasonal Lottery employees are required to render service to the extent of their employment with the Lottery and are prohibited from accepting other employment that may conflict with the integrity of the Lottery. (7-1-26)
b. Except when assisting another state lottery, no Commissioner, Director, Deputy Director or other Lottery officer or Lottery employee may provide consulting or contractual services, or accept an honorarium related to his State Lottery expertise. (7-1-26)
c. When assisting another state lottery, it is permissible for the other state to reimburse normal travel costs to the individual providing the service, but no honorarium or pay to the individual will be accepted. If the other state has a policy of paying for the time of another state’s employee while providing assistance, the payment will be made to the State Lottery. (3-25-22)
d. Nothing contained in Paragraphs 102.06.a. through 102.06.c. of this rule precludes the Lottery from negotiating Lottery contracts in which the vendor to the Lottery must bear the expense of Lottery personnel making on-site inspections of the vendor’s products or manufacturing facility, auditing the vendor, or other legitimate business reasons for traveling to the vendor’s place of business or site of the vendor’s records, and person listed in
Subsection 102.01 of this rule may engage in travel at the vendor’s expense for those legitimate business purposes. Nothing contained in Paragraphs 102.06.a. through 102.06.c. of this rule prevents a Commissioner, Director, Deputy Director or other Lottery officer or Lottery employee from participating in and traveling to educational or industry related programs. Actual expenses incurred may be reimbursed by a sponsoring entity if the integrity of the State Lottery is not adversely impacted. (7-1-26)
07. Conduct of Commission Business. Business transactions conducted by the Commission, the Director, Deputy Directors, and all other Lottery officers and Lottery employees with Lottery vendors should be conducted in the Lottery’s offices to the maximum extent possible. (7-1-26)
08. Personal Conduct. Personal conduct that is illegal or generally considered improper or brings discredit to the Lottery may be subject to appropriate disciplinary action by the Director. (3-25-22)
09. Use of Lottery Property. Every person listed in Subsection 102.01 of this rule is prohibited from using any Lottery vehicle or other Lottery property for personal use, except that telephones, computers, etc., may be used for personal use in the manner ordinarily accepted in an office setting when that use does not result in additional expense to the Lottery and when that use does not contravene state policy. (7-1-26)
10. Signature of Conflict Policy Required. Every person listed in Subsection 102.01 of this rule is required to sign the following conflict of interest policy as a condition of employment. “I have read and understand the pertinent Sections of Idaho Constitution Article 7, Section 10, and Title 59, Chapter 7, Idaho Code, and these conflict of interest policies.”
Signature Typed Name Date
(7-1-26)
103. -- 199. (RESERVED)
(3-25-22)
a. Lottery contracts for the acquisition of materials, supplies, services and personal and professional services are classified according to relative sensitivity, which in turn determines the level of review, procurement method and the extent of disclosure required by Lottery vendors or if no disclosure is required as in the case of Lottery contractors. The three (3) levels of procurement are as follows: (3-25-22)
i. General procurements: These procurements are the least sensitive and are for materials, supplies, equipment, services and personal and professional services required to satisfy the day-to-day administrative, ministerial and operating needs of the Lottery. Disclosure filings by Lottery vendors are not normally required for this class of procurements. Lottery contractors may supply general procurement items. The Lottery may use formal invitations to bid, informal competitive quotes and requests for proposals to solicit Lottery contracts for these acquisitions, as may be determined by the Director to be the most appropriate process for a specific acquisition. (7-1-26)
ii. Sensitive procurements: These procurements are of intermediate sensitivity and are for materials, supplies, equipment, services and personal and professional services which may have direct or indirect impact upon the security, credibility and integrity of the Lottery. Also included are special studies and services required by statute (demographic, communications and performance studies). The normal procedure for acquiring the materials and services is by request for proposal; however, the Director may authorize the use of competitive quotes when the cost of the acquisition is less than fifteen thousand dollars ($15,000). The Director may prescribe special disclosure requirements governing Lottery contractors or vendors for this class of Lottery contracts. (7-1-26)
iii. Major procurements: This class is the most sensitive of Lottery contracts. The State Lottery Act of 1988 requires these procurements to be let by the Commission and the filing of comprehensive disclosure statements by Lottery vendors. (7-1-26)
b. The procedures for announcing or soliciting various classes of Lottery contracts outlined in Paragraph 200.01.a. of this rule are intended to be advisory only and do not limit the Commission or the Director in the selection of the most appropriate process to acquire a given product or service. (3-25-22)
a. In all decisions affecting the Lottery, the Commission and Director are specifically directed by statute to take into consideration the particularly sensitive nature of the Lottery and to act in a manner to promote and ensure the integrity, security, honesty and fairness of the Lottery. Additionally, the Director, in awarding Lottery contracts in response to solicitations for proposals, must award the Lottery contracts to the responsible contractor or vendor submitting the lowest and best proposal that provides maximum benefits to the state in relation to cost in the areas of security, competence, experience, timely performance, and maximization of net revenues to benefit the public purpose of the Lottery. Consistent with these statutory directives, it is the policy of the Lottery, to the extent possible, to conduct its contracting affairs in an open, competitive manner. However, the security and integrity of the Lottery are fundamental and overriding considerations in all decisions. (7-1-26)
b. Although the Lottery is exempt from the provisions of Section 67-5715, Idaho Code, it is the policy of the Lottery to conduct its contracting affairs generally in accordance with the state’s competitive bidding principles contained in Section 67-5715 et seq., Idaho Code, and consistent with the specific directives contained in Paragraph 200.02.a. of this rule. In implementing this policy, the Lottery reserves the right to use the procedures developed by the Department of Administration as guidelines to govern its procurement actions. Notwithstanding this reservation, the Lottery also reserves the right to use alternate contracting and purchasing practices that take account of market realities and modern or innovative contracting and purchasing methods that are also consistent with the public policy of encouraging competition. These methods may include, but are not limited to, specialized vendor prequalifications, competitive negotiations, performance incentives and disincentives, life cycle costing and solicitations emphasizing the request for proposal process. (3-25-22)
c. When the Lottery uses a Request for Proposal (RFP) for a planned acquisition, the major considerations in determining the Lottery contract award will be the quality of the product or service, the likelihood of timely performance, and price. Qualitative factors normally address issues like the Vendor’s demonstrated experience in performing comparable projects, performance credibility, availability of qualified personnel and equipment, and other special factors as may apply to a particular Lottery contract. The RFP will normally specify the criteria that will be used in the evaluation of offers and the award of the Lottery contract. (7-1-26)
d. Because of the specialized character of Lottery contracts, the Lottery will not normally advertise bid proposals. Rather, the Lottery will circulate bid and proposal requests for materials, equipment and services to vendors known to specialize in the required procurement or to vendors that the Lottery may reasonably expect to have an interest in providing such services. The Lottery will develop its mailing lists as the service needs arise. (7-1-26)
e. The Director may prepare standard terms and conditions to govern the acquisition of materials, supplies and services by the State Lottery. To the extent possible, the standard terms and conditions should be as uniform as possible with the standard terms and conditions governing contracts entered into by other state agencies. (3-25-22)
f. All major departures from the state contracting guidelines referred to in Paragraph 200.02.b. of this rule will be approved by the Commission. If there is a conflict between the state guidelines and the Lottery’s adopted rules, the Lottery’s rules take precedence. (3-25-22)
a. Authority is granted to the Director to initiate all purchase actions and enter into and execute Lottery contracts for materials, supplies and services, on behalf of the Commission and the Lottery, except as follows: (7-1-26)
i. General Lottery contracts having an estimated one-time or annual cost in excess of fifty thousand dollars ($50,000); (7-1-26)
ii. Lottery contracts defined as Sensitive Procurements having a one-time or annual cost of more than fifty thousand dollars ($50,000); (7-1-26)
iii. Lottery contracts defined as Major Procurements; (7-1-26)
iv. All personal service Lottery contracts other than major or sensitive procurements having a one-time or annual cost in excess of fifteen thousand dollars ($15,000); and (7-1-26)
v. Procurement actions which are executed in a manner other than as provided in the contract exemption guidelines. (3-25-22)
b. Notwithstanding the provisions of Subparagraph 200.03.a.i. of this rule, the Commission, having once approved a planned procurement action involving a general Lottery contract acquisition, grants authority to the Director to execute a Lottery contract or contracts for the purchase or service without further action by the Commission. (7-1-26)
c. The Commission, having once approved a particular Lottery contract, delegates authority to the Director to make all disbursements and payments as provided in the Lottery contract, without further, specific approval action by the Commission. (7-1-26)
d. The Commission grants authority to the Director to enter into emergency Lottery contracts when immediate and decisive action is required to protect the security, credibility or integrity of the Lottery or a Lottery game. All emergency Lottery contracts let by the Director in which the cost exceeds the delegated authority contained in Paragraph 200.03.a. of this rule, must be reported to the Commission within five (5) days of the Lottery contract award date, or at the next scheduled Commission meeting, whichever is sooner. Such procurement actions may be taken without competitive bid. The dollar value of a Lottery contract awarded by the Director under the provisions of this section may not exceed fifty thousand dollars ($50,000). Any emergency Lottery contract for a major procurement in which the cost exceeds fifty thousand dollars ($50,000), if not acted upon at a regularly scheduled Commission meeting, is subject to Commission approval by telephonic or electronic vote. (7-1-26)
04. State Central Services Agenda. As provided in Section 67-7408, Idaho Code, the Lottery may contract with other state agencies for the performance of contracting responsibilities that may be required by the Lottery. Those services may include, but are not limited to, the acquisition of Fidelity and Faithful Performance Bonds covering the Commissioners, officers, and employees of the Lottery; bonding of retailers, annuity contracts; general equipment and supplies; equipment financing agreements; and disposal of surplus Lottery property. The Lottery is bound by all statutes and rules governing the actions of the state agency when the Lottery uses such services. (3-25-22)
05. Idaho Preference. (3-25-22)
a. In all Lottery contracts, the Lottery will prefer goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal. (7-1-26)
b. Where a Lottery contract is awarded to a foreign contractor and the Lottery contract price exceeds ten thousand dollars ($10,000), the contractor must promptly report to the Idaho Tax Commission (ITC) on forms to be provided by ITC the total Lottery contract price, terms of payment, length of Lottery contract and such other information as the ITC may require before final payment can be received on the Lottery contract. The Lottery must satisfy itself that the requirements of this Paragraph have been complied with before it issues a final payment on a Lottery contract. For the purposes of this Paragraph, a foreign contractor is one who is not domiciled in or registered to do business in Idaho. (7-1-26)
06. Equal Opportunity/Affirmative Action Contracts. The Lottery is an equal opportunity employer and also participates in any on-going state affirmative action programs. (3-25-22)
07. Personal Services Contract. (3-25-22)
a. Contracts between the Lottery and persons or firms such as advertising agencies, security consultants, auditors, other consultants required to conduct or prepare special studies and reports and other personal services contracts that may be required to fulfill the Lottery’s responsibilities, will be awarded as outlined in this Subsection. The award of Lottery contracts will be either direct, informal or formal depending upon the sensitivity and estimated dollar value of the Lottery contract. In awarding personal services contracts, the Lottery will consider the contractor’s qualifications in similar areas of demonstrated competency, availability, experience in successfully performing comparable projects, availability of qualified personnel, likelihood of timely performance, history of cost containment, compensation requirements and other special factors that may apply to a particular Lottery contract.
(7-1-26)
b. Direct Award Procedures.
(3-25-22)
i. Any personal services contract having an estimated one-time or annual value of ten thousand dollars ($10,000) or less may be awarded directly by the Director if the Director believes reasonable steps have been taken to obtain competitive quotes, if feasible, and the award will not negatively affect the security, credibility or integrity of the Lottery.
(3-25-22)
ii. The Director, with the approval of the Commission, may directly award personal services contracts in any appropriate or reasonable amount, without competitive solicitations, when the project consists of work that has been substantially described, planned or otherwise studied in an earlier Lottery contract and the new Lottery contract would be a continuation of the earlier project, provided that the earlier Lottery contract was awarded by a formal selection procedure. In awarding Lottery contracts under this provision the Commission and Director will take into account the effects of that action on the security, credibility and integrity of the Lottery and further ensure that the Lottery contract awards will not encourage favoritism or substantially diminish competition and will result in substantial cost savings to the Lottery.
(7-1-26)
iii. The Director, with the approval of the Commission, may directly award personal service contracts without competitive solicitation when an emergency or other condition exists that requires prompt and decisive action. The Commission and Director may exercise the provisions of this Paragraph only when immediate action is required to correct a situation that would threaten integrity, security, honesty, and fairness in the operation and administration of the Lottery or the objective of raising net revenues for the benefit of the public purpose described in the State Lottery Act of 1988.
(7-1-26)
c. Informal Award Procedure: The Director may award any personal services contract having an estimated one-time annual value of more than ten thousand dollars ($10,000), but not more than twenty-five thousand dollars ($25,000), if the following informal award procedure is followed:
(3-25-22)
i. An attempt is made to obtain a minimum of three (3) competitive quotes. If three (3) quotes are not available, fewer will suffice provided a written record is made of the effort to obtain three (3) quotes.
(3-25-22)
ii. A written record must be maintained of the source and amount of quotes received.
(3-25-22)
iii. The Lottery contract award will be made to the lowest priced vendor who best meets the Lottery contract award criteria of Paragraph 200.07.a. of this rule.
(7-1-26)
iv. The Director maintains work papers documenting the basis of the award to ensure that the award will not negatively affect the security, credibility and integrity of the Lottery.
(3-25-22)
d. Formal Award Procedures: Unless otherwise awarded under the provisions of Subparagraphs 200.07.b.ii. or 200.07.b.iii. of this rule, all personal services contracts having an estimated one-time or annual cost of more than twenty-five thousand dollars ($25,000) must be awarded according to the formal award procedure, as follows:
(3-25-22)
i. The Lottery will distribute copies of the proposal (usually a Request for Proposal) to Lottery vendors or to appropriate contractors who have indicated an interest, or are anticipated to have an interest, in providing the required service to the Lottery. Every Request for Proposal will include a response deadline date. All responses received by the Lottery after the deadline may be rejected.
(3-25-22)
ii. The Director will appoint an evaluation panel consisting of at least four (4) persons, at least two (2) of whom are members of the Lottery’s staff. The Director of Lottery Security will be one of the appointees to evaluate the responses for any project involving the security of the Lottery. (3-25-22)
iii. The evaluation panel must develop a system to evaluate the vendor responses and score each vendor’s response. Based upon this evaluation, the evaluation panel must rank the three (3) best responses and develop an award recommendation. (3-25-22)
iv. The Lottery contract will be awarded to the vendor who best meets the award criteria. (7-1-26)
e. No Lottery contract or other agreement for the purpose of providing services to the Lottery may be entered into, renewed, or extended with any person, unless the person certifies in writing, under penalty of perjury, that the person is not in violation of any Idaho tax laws on a form prescribed by the Idaho Tax Commission (ITC). A copy of the certification form may be obtained from the Lottery or the ITC. The original certification must be retained in the Lottery’s contract file as required by the state’s records retention guidelines. (7-1-26)
a. All bid announcements, invitations, or proposals covering major procurements will identify that the planned acquisition is classified as a major procurement. (3-25-22)
b. All Lottery contracts or procurement actions classified as major procurements will be subject to the disclosure requirements specified in Section 67-7421, Idaho Code. Subsections 100.03.a. through 100.03.g. of these rules defines the term “control person” for purposes of disclosure requirements. The Lottery will enclose a copy of the disclosure requirements with each bid announcement or proposed request for such procurement. All disclosure filings are subject to the review and approval of the Director of the Lottery Security Division. Failure of any Lottery vendor to properly execute or timely submit the disclosure requirement may be grounds for rejection of the bid or proposal. (7-1-26)
c. No Lottery contract for a major procurement with any Lottery vendor may be entered into if any control person of that Lottery vendor has been convicted of a crime, other than traffic infractions. Background checks must be made by the Director of Lottery Security to rigorously enforce this requirement. (7-1-26)
d. The Lottery may prequalify Lottery vendors as having met the disclosure filing requirements for major procurements. The disclosure prequalifications may be renewed by July 1 of each year. The prequalifications will satisfy the disclosure requirements of the State Lottery Act of 1988, providing a certification is received from the Lottery vendor at the time of submitting any subsequent bid, proposal or offer and that no changes have occurred in the vendor’s status, or that of its control persons, since the last filing of the complete disclosure statement. (7-1-26)
e. Each Lottery vendor for a major procurement must maintain its disclosure filing in a current status during the tenure of the Lottery contract. Unless otherwise provided in the Lottery contract document, any changes in the status of the vendor, any of its listed control persons or additional control persons, must be reported to the Director within fourteen (14) days of the known change, and will require written submission of the same disclosure information to the Commission. (7-1-26)
f. Each Lottery vendor for a major procurement is required to post a performance bond with the Commission as provided in Section 67-7427, Idaho Code. The performance bond must be issued by a surety licensed to do business in this state and be for the duration specified in the procurement announcement. (3-25-22)
a. All bid announcements, invitations, or Requests for Proposal covering sensitive procurements as defined in Subparagraph 200.01.a.ii. of this rule will identify that the planned acquisition is a sensitive procurement and will be subject to the provisions of this rule. (3-25-22)
b. The Director may establish special disclosure requirements governing State Lottery contracts for
sensitive procurements that will be included in the procurement announcement. Failure of any Lottery vendor or contractor to properly execute or timely submit the disclosure requirement may be grounds for rejection of the bid or proposal. All disclosure filings are subject to the review and approval of the Director of Lottery Security. (3-25-22)
c. No Lottery contract for a major procurement with any Lottery vendor may be entered into if any control person of that Lottery vendor has been convicted of a crime, other than traffic infractions. Background checks must be made by the Director of Lottery Security to rigorously enforce this requirement. (7-1-26)
d. The Lottery may prequalify Lottery vendors as having met the disclosure requirements of this rule. The prequalification will satisfy the disclosure filing requirement providing a certification is received from the Lottery vendor, at the time of submitting any subsequent bid, proposal or offer, that no changes have occurred in the vendor’s status or any of its principals since the last filing of the full disclosure statement. (3-25-22)
e. Each Lottery vendor for a sensitive procurement must maintain its disclosure filing in a current status during the tenure of the Lottery contract. Unless otherwise provided in the Lottery contract document, any changes in the vendor’s status or any of its principals, must be reported to the Director within fourteen (14) days of the known change, and will require written submission of the same disclosure information to the Commission. (7-1-26)
f. Each Lottery contractor for a sensitive procurement may be required to post a performance bond with the Lottery. The performance bond must be issued by a surety licensed to do business in this state and be for the amount and duration specified in the procurement announcement. (3-25-22)
10. Advertising and Promotional Contract. Because advertising and promotional contracts involve unique marketing strategies for Lottery games, the acquisition of these services and purchases may be made directly without using competitive procurement procedures. The prudent person rule will apply in the award of these contracts or the acquisition of these services. This exemption applies to all advertising and promotional contracts, whether placed through the Lottery’s advertising agency or directly by the Commission or the Director. For the purpose of this rule, advertising and promotional contracts include but are not limited to: agreements with radio and television stations, acquisition of prizes, media selection, placement of advertising contracts, promotional printing, art work and development and placement of all forms of commercials and display presentations. (3-25-22)
11. Investment Contracts. The Lottery may enter into contracts for the acquisition of structured settlements, place investments or acquire annuities related to the pay-off of major prize winners without following competitive bidding procedures. The Lottery will follow the prudent person rule in the placement of such investments. (3-25-22)
a. For the purpose of acquiring annuities related to the pay-off of major prize winners, the Lottery will maintain an ongoing prequalification list of annuity vendors. A vendor must first be prequalified by the Lottery before submitting a bid to the Lottery for the award of an annuity contract. Vendors may submit their qualifications to the Lottery for evaluation any time in the year. (3-25-22)
b. The following criteria must be met by each vendor before being placed on the prequalification list: (3-25-22)
i. Each bidder must be an insurance company licensed to do business in Idaho and have been in business for a period of two (2) years immediately before submitting its bid. (3-25-22)
ii. An insurance company must be a Best’s “A+” rated company and have at least a Best’s Class VII financial size classification. (3-25-22)
iii. Each bidder’s request for qualification must contain: (3-25-22)
(1) The name, address, telephone number and contact person for the bidder. (3-25-22)
(2) The current financial statement of the bidder certified by an independent certified public accountant. (3-25-22)
(3) The names, addresses and telephone numbers of three (3) current or past annuity client references whom the Lottery may contact. (3-25-22)
c. After a vendor has been prequalified, the vendor may submit bids to the Lottery in accordance with the procedures established by the Director. Furthermore, a vendor must keep its qualifications current by promptly reporting any changes in their status to the Lottery. (3-25-22)
d. The total amount of annuities awarded to an insurance company cannot exceed five percent (5%) of its stated surplus. (3-25-22)
e. Nothing contained in this rule will preclude a brokerage company from representing or submitting a bid on behalf of a qualified bidder. (3-25-22)
01. Retailer’s Application. Any person interested in obtaining a Lottery contract for a certificate to sell Lottery tickets must first file an application on forms provided by the Director. The forms will require disclosure of, but are not limited to, an applicant’s personal, financial, and criminal history, and an authorization to investigate the applicant’s criminal and credit history. (7-1-26)
a. All certificate applications must be accompanied by a minimum, nonrefundable, fee of twenty-five dollars ($25). If a certificate is awarded, an additional, nonrefundable, certificate fee of one hundred dollars ($100) must be paid. (3-25-22)
b. A current retailer may be required to complete an additional application or application supplements. If a current retailer requests that the existing certificate be modified to allow the sale of additional Lottery products, no additional application fee will be charged. (3-25-22)
c. The Lottery may waive the payment of any certificate fee to facilitate an experimental program or a research project. (3-25-22)
a. The Lottery may issue a retailer certificate to an applicant after receipt of a fully completed certificate application, the authorization of a complete personal background check, completion of a credit check, and completion of a preliminary background check. (7-1-26)
b. No Lottery contract shall be made with an applicant: (7-1-26)
i. Who is an employee of the Lottery; (3-25-22)
ii. Who is not a resident of Idaho, or a corporation that is not incorporated in Idaho or not authorized to do business in Idaho; (3-25-22)
iii. Who has been found to have violated any rule, regulation, or order of the Commission or the Director; (3-25-22)
iv. When any person, firm, association, or corporation other than the applicant will participate in the management of the affairs of the applicant. (3-25-22)
04. Criteria That May Be Grounds For Refusal. Before contracting with an applicant, the Director will consider the factors set out below. In considering these factors, the Director will seek to determine which
applicants will best serve the economical and efficient operation of a statewide Lottery through their ticket sales. If any of these factors lead the Director to determine that contracting with the applicant would not promote the economical and efficient operation of a statewide Lottery consonant with the public interest, or would not serve the public interest, convenience, or trust, the Director may deny the application. (3-25-22)
a. The Director will consider the financial responsibility and security of the person and the person’s business or activity and consider the person’s credit worthiness and integrity in past financial transactions. The Lottery may investigate the credit worthiness of the applicant by using the services of a commercial credit reporting agency. The Director may also consider the physical security of the applicant’s place of business to determine whether tickets that will be sold to the applicant and the proceeds from ticket sales will be kept safe. (3-25-22)
b. The Director will consider the accessibility to the public of an applicant’s place of business or activity. The Director will contract only with applicants who have regular contact with significant numbers of persons at the applicant’s place of business. Before contracting with any organization that has restricted membership policies, the Director must determine whether the restrictions are generally acceptable to the public and whether contracting with that group or organization or similar groups or organizations would best serve the interests of the Lottery. (3-25-22)
c. The Director will consider the sufficiency of existing retailers to serve the public interest. The Director may seek to maximize total ticket sales by encouraging retailers with the highest potential volume in a particular area or neighborhood. (3-25-22)
d. The Director will consider the volume of expected sales by the applicant. In determining the anticipated actual sales volume of the applicant, the Director may rely upon the experience and knowledge of the Lottery’s staff as well as any other available professional expertise. The Director will determine whether the volume of an applicant’s sales is likely to be sufficient that contracting with the applicant will be economically feasible. (3-25-22)
e. The Director will consider the types of products, services, or entertainment offered at the applicant’s place of business. The Director will determine whether the applicant’s products, services, or entertainment are generally acceptable to the public and whether they would bear adversely upon the general credibility, integrity, and reputation of the Lottery. (3-25-22)
f. The Director will consider the experience, character, or general fitness of the applicant. Entering into a Lottery contract with the applicant must be consistent with the public interest, convenience, and trust. (7-1-26)
g. The Director will consider the veracity and completeness of the information submitted with the retailer’s application. The Director will consider the criminal history of the applicant and any person whose name is required to be disclosed under Section 67-7412, Idaho Code, of the State Lottery Act of 1988 and may refuse to enter into a Lottery contract with any applicant when the applicant or such person has been convicted of violating any of the gambling laws of this state, general or local, or has been convicted at any time of any crime other than traffic infraction. (7-1-26)
05. Reporting Changes in Circumstances of The Retailer. Every change of business structure of a certificated business, such as from a sole proprietorship to a corporation, and every change in the name of a business, must be reported to the Lottery before the change. Substantial changes in the ownership of a certificated business must also be reported to the Lottery before the change. A substantial change of ownership is defined as the transfer of ten percent (10%) or more equity in the certificated business from or to another single individual or legal entity. If a change involves the addition or deletion of one (1) or more existing owners or officers, the certificate holder must submit a certificate application reflecting the change and any other documentation that the Lottery may require. All changes will be reviewed by the Lottery to determine if the existing certificate should be continued. (3-25-22)
06. Certificate Not a Vested or Legal Right. The possession of a certificate issued by the Lottery to any person to act as a retailer in any capacity is a privilege personal to that person and is not a vested or legal right. The possession of a certificate issued by the Lottery to any person to act as a retailer in any capacity does not automatically entitle that person to sell tickets or obtain materials for any particular Lottery game. (7-1-26)
07. Suspension or Revocation of a Certificate. The Lottery may suspend or revoke any certificate issued pursuant to these rules for one (1) or more of the following reasons: (3-25-22)
a. Failing to meet or maintain the eligibility criteria for certificate application and issuance established by Title 67, Chapter 74, Idaho Code, or these rules; (3-25-22)
b. Violation of any of the provisions of Title 67, Chapter 74, Idaho Code, these rules, or the certificate terms and conditions; (3-25-22)
c. Failing to file any return or report or to keep records required by the State Lottery (3-25-22)
d. Failing to maintain an acceptable level of financial responsibility as evidenced by the financial condition of the business, incidents of failure to pay taxes or other debts, or by the giving of financial instruments which are dishonored; (3-25-22)
e. Fraud, deceit, misrepresentation, or other conduct prejudicial to the public confidence in the Lottery; (3-25-22)
f. If the public convenience is adequately served by other certificate holders, failure to sell a minimum number of tickets as established by the Lottery; (3-25-22)
g. A history of thefts or other forms of losses of tickets or revenue from the business; (3-25-22)
h. Violating federal, state, or local law or allowing the violation of any of these laws on premises occupied by or controlled by any person over whom the retailer has substantial control; (3-25-22)
i. Obtaining a certificate by fraud, misrepresentation, concealment or through inadvertence or mistake; (3-25-22)
j. Making a misrepresentation of fact to the Commission or the Lottery on any report, record, application form, or questionnaire required to be submitted to the Commission or the Lottery; (3-25-22)
k. Denying the Lottery or its authorized representative, including authorized local law enforcement agencies, access to any place where a certificate activity is conducted; (3-25-22)
l. Failing to promptly produce for inspection or audit any book, record, document, or other item required to be produced by law, these rules, or the terms of the certificate; (3-25-22)
m. Systemically pursuing economic gain in a manner or context that is in violation of the criminal or civil public policy of this state; (7-1-26)
n. Failing to follow the instructions of the Lottery for the conduct of any particular Lottery game or special event; (7-1-26)
o. Failing to follow security procedures of the Lottery for the management of personnel, handling of tickets, or for the conduct of any particular Lottery game or special event; (7-1-26)
p. Misrepresenting a fact to a purchaser, or prospective purchaser, of a ticket, or to the general public with respect to the conduct of a particular Lottery game or special event; (7-1-26)
q. Allowing activities on the licensed premises that could compromise the dignity of the state. (3-25-22)
08. Surrender of Certificate Upon Revocation. Upon revocation or suspension of a retailer’s certificate, the retailer must surrender to the Lottery, by a date designated by the Lottery, the certificate and all other Lottery property. (3-25-22)
09. Certified Retailers. All Lottery retailers must be certified in the manner provided in these rules. Retailers are required to abide by all applicable laws and administrative rules, the terms and conditions of the Lottery contract and certificate, and all other directives and instructions issued by the Lottery. (7-1-26)
a. Retailers must be knowledgeable about the Lottery and Lottery products and may be required to take training in the operation of Lottery games. Retailers must make the purchase of tickets convenient to the public. (3-25-22)
b. Tickets must be sold at the price designated by the Lottery. Retailers cannot sell tickets for a greater amount than the amount specified by the Lottery. Retailers may sell tickets for a lesser amount for promotional purposes if authorized by the Lottery. (3-25-22)
c. No retailer or any employee or member of a retailer shall attempt to identify a winning ticket before sale of the ticket. (3-25-22)
d. When a retailer is required by its contract with the Lottery to pay a prize to a winner, the retailer must pay the prize whenever the winner tenders a winning ticket during the retailer’s normal business hours at the location designated on the retailer’s certificate. (3-25-22)
e. Retailers are prohibited from purchasing tickets previously sold by the retailer. (3-25-22)
11. Dishonored Checks and Electronic Fund Transfers. Any payment made to the Lottery by an applicant for a certificate or by a certificated retailer either by a check that is dishonored or by an electronic funds transfer (EFT) that is not paid by the depository, is grounds for immediate denial of the application for a certificate or for suspension or revocation of an existing certificate. The Lottery may assess a surcharge for each dishonored check or EFT. The Lottery may also alter the payment terms of a retailer’s certificate and require a retailer to reimburse the Lottery for costs that occur as a result of a dishonored check or EFT. (3-25-22)
12. Inspection of Lottery Materials and Retailer Premises. Retailers must allow the Lottery to enter upon the retailer’s certificated premises in order to inspect Lottery materials, tickets, and the premises. All books and records pertaining to the retailer’s Lottery activities must be available to the Lottery for inspection and copying during the normal business hours of the retailer and between 8 a.m. and 5 p.m., Monday through Friday. All books and records pertaining to the retailer’s Lottery activities are subject to seizure by the Lottery without prior notice. (3-25-22)
01. Instant Games -- Authorized -- Director’s Authority. The Commission hereby authorizes instant games that meet the criteria set forth in these rules. The Director is hereby authorized to select, operate, and contract relating to and for the operation of instant games that meet the criteria set forth in these rules. (3-25-22)
a. Instant Ticket Validation Bar Code. The bar code that enables retailers to validate instant tickets. (3-25-22)
b. ITA System. The Instant Ticket Automation system that validates winning instant tickets. (3-25-22)
c. Pack. A package of instant game tickets with a designated number of tickets that may be (but do not have to be) fanfolded and attached to each other by perforations, which perforations the retailer tears when selling a ticket, and that are packaged in plastic shrink-wrapping, foil or some similar outer wrapping material. (3-25-22)
d. Pack-Ticket Number. The number printed on the ticket. A game identification number must be included in the book-ticket number. (3-25-22)
e. Play Symbol Caption. The small printed material appearing below each play symbol which repeats or explains the play symbol. One (1) and only one (1) play symbol captions appears under each play symbol. (3-25-22)
f. Play Symbols. Figures printed in approved ink that appear under each of the rub-off spots on the front of the ticket. (3-25-22)
g. Retailer Validation Code. The small letters found under the removable rub-off covering over the play symbols on the front of the ticket, which the ticket retailer uses to verify winners of twenty-five dollars ($25) or less. The letters appear in varying locations beneath the removable rub-off covering and among the play symbols. (3-25-22)
h. Ticket. An Idaho instant game ticket. (3-25-22)
i. Ticket Validation Number. The unique number on the front of the ticket. (3-25-22)
03. Sale of Tickets. (3-25-22)
a. No person other than a retailer under a contract for the sale of tickets with the Lottery may sell Lottery tickets, except that nothing in this section prevents a person who may lawfully purchase tickets from making a gift of Lottery tickets to another. (3-25-22)
b. Unless authorized by the Lottery, tickets may not be sold at a location other than the address listed on the retailer’s contract with the Lottery. (3-25-22)
c. Nothing in this section prohibits the Commission from designating certain of its agents and Lottery employees to sell Lottery tickets directly to the public. (7-1-26)
04. Instant Games Ticket Price. The price of an instant game ticket will be set by the Director. (7-1-26)
05. Prize Structures. The Director will provide to all Lottery game retailers a detailed tabulation of the estimated number of prizes of each particular prize denomination that are expected to be awarded in each Lottery game and a close approximation of the odds of winning the prizes. (3-25-22)
06. Number and Value of Instant Ticket Prizes. Lottery game prize structures, odds of winning, number of tickets, number and value of prizes, play symbol and captions used for validation will not be adopted by administrative rules. Rather, the Director will submit proposed instant games to the Commission, who must approve each instant game’s general format before the initiation of each instant game. All instant games must be conducted in accordance with the rules of the Commission. (7-1-26)
07. Official Start of Instant Game’s. (7-1-26)
a. The Director will publicly announce the starting date of a new instant game by use of a press release or any other appropriate means. The Director may also issue instant game information that includes a description of the instant game, odds of winning a prize, the number and value of prizes, and the play symbols and captions used for prize validation. (7-1-26)
08. Determination of Winners. (3-25-22)
a. Winners of an instant game are determined by the matching or specified alignment of the play symbols on the tickets. The play symbols are revealed by scratching or rubbing off the latex or similar secure material that covers spots on the ticket. The ticket bearer must notify the retailer or the Lottery of the win and submit the winning ticket to the retailer or the Lottery as provided in these rules. The winning ticket must be validated by the Lottery through use of the validation number or by any other means specified by the Director. (3-25-22)
b. Unless otherwise provided by instant game rules, only the highest instant prize amount will be paid
on a given ticket. (7-1-26)
c. No portion of the play symbol captions, retailer validation codes, display printing nor any extraneous matter whatever will be usable or playable as a part of the instant game. (3-25-22)
d. The ticket validation number or any portion thereof is not a play spot and is not usable or playable as such. (3-25-22)
e. In all Lottery games, the determination of prize winners is subject to the general ticket validation requirements set forth in Subsection 202.09, et seq., and Subsection 202.11 of this rule, and the requirements set out on the back of each instant game ticket. (7-1-26)
f. The length of operation of an instant game will be determined by the Director. The start date and closing date of the instant game will be publicly announced. (3-25-22)
09. Ticket Validation Requirements. In addition to meeting all of the other requirements in these rules or as may be printed on the back of each instant game ticket, the following validation requirements apply with regard to instant game tickets: (3-25-22)
a. To be a valid instant game ticket, the ticket must: (3-25-22)
i. Have been issued by the Director in an authorized manner. (3-25-22)
ii. Not be altered, unreadable, or tampered with in any manner. (3-25-22)
iii. Not be counterfeit in whole or in part. (3-25-22)
iv. Not be stolen nor appear on any list of omitted tickets on file with the Lottery. (3-25-22)
v. Be complete and not blank (or partially blank), miscut, misregistered, defective, or printed or produced in error. (3-25-22)
vi. Under the opaque covered play area, have play symbols and the correct corresponding captions, exactly one (1) pack-ticket number, exactly one (1) agent verification code, and exactly one (1) validation number as required by each approved set of instant game rules, all of which must be present in their entirety, legible, right-side up, and not reversed in any manner. (7-1-26)
vii. The validation number of an apparent winning ticket must appear on the Lottery’s official list of validation numbers of winning tickets; and a ticket with that validation number cannot have been previously paid. (3-25-22)
viii. Pass all additional confidential validation requirements established by the Director. (3-25-22)
ix. Be signed if the prize is for six hundred dollars ($600) or more. (3-25-22)
10. Confidentiality of Tickets. All retailers and their employees and agents are prohibited from attempting to ascertain the numbers or symbols appearing in the designated areas under the removable latex or similar secure coverings or otherwise attempting to identify winning tickets. (3-25-22)
11. Official End of Instant Game’s. (7-1-26)
a. The official end of an instant game will be announced by the Lottery. Prizes may be claimed up to one hundred eighty (180) days after the official end of the instant game. If the final day of the claim period falls on a Saturday, Sunday or a state holiday, the claim period will be extended to the end of the next business day. Depending on the prize amount, the ticket should be submitted to the location specified in Subsection 101.14 of this rule, “Payment of Prizes.” To participate in one (1) of the Lottery’s special drawings, if any, a player must redeem a ticket that qualifies for entry into that special drawing within the time limits specified by the Director. (7-1-26)
b. A retailer must return to the Lottery all unsold Lottery tickets for each instant game within ninety (90) days of the official end of that instant game in order to receive credit from the Lottery as provided in retailer's contract. The Lottery has no obligation to grant credit for tickets returned after the time limit specified in the contract. (7-1-26)
01. Draw Games -- Authorized -- Director's Authority. The Commission hereby authorizes the Director to select and operate draw games which meet the criteria set forth in these rules. (7-1-26)
a. 'Drawing.' The procedure determined by the Director by which the Lottery selects the winning combination in accordance with the rules of the draw game. Drawings are open to the public. (7-1-26)
i. A Lottery game in which a player selects a combination of numbers or symbols, the type of draw game and amount of play, and the drawing date by use of a computer. In return for paying the appropriate price, the player receives a computer-generated ticket with the player's selection printed on it. Each ticket bearer whose valid ticket includes a winning combination will be entitled to a prize if claim is submitted within the specified time period. (7-1-26)
ii. On-line terminal (OLT) instant ticket game having characteristics as defined in Paragraphs 202.02.a., 202.02.b., 202.02.d. and 202.02.i. of these rules. (3-25-22)
d. 'Draw Terminal.' The computer hardware by which an on-line retailer or player enters the combination selected by the player and by which on-line tickets are generated and claims are validated. (7-1-26)
e. 'Draw Ticket.' A computer-generated ticket issued by a draw terminal to a player as a receipt for the combination a player has selected. That ticket is the only acceptable evidence of the combination of numbers or symbols selected. (7-1-26)
f. 'Ticket Bearer.' The person who has signed the draw ticket or who has possession of an unsigned ticket. (7-1-26)
g. 'Validation.' The process of determining whether a draw ticket presented for payment is a winning ticket. (7-1-26)
h. 'Winning Combination.' One (1) or more numbers or symbols randomly selected by the State Lottery or its designee in a public drawing. (3-25-22)
b. The Director is authorized to arrange for the distribution of draw terminals, player-activated terminals (PATs), ticket stock, and supplies to certificated retailers. (7-1-26)
a. No person other than a retailer under a contract for the sale of tickets with the Lottery may sell draw
Lottery tickets, except that nothing in this section will be construed to prevent a person who may lawfully purchase tickets from making a gift of Lottery tickets to another. (7-1-26)
b. Tickets may not be sold at a location other than the address listed on the retailer’s contract with the Lottery. (3-25-22)
c. Nothing in this section prohibits the Director from designating certain of its agents and Lottery employees to sell Lottery tickets directly to the public. (7-1-26)
a. The base price of a draw ticket will not be less than fifty cents ($.50), except to the extent of discounts authorized by the Commission. (7-1-26)
b. The price for a ticket in any particular draw game will be set out in the draw game rules adopted by the Commission for that draw game. No person may sell a ticket at a price other than that established in accordance with these rules. (7-1-26)
c. The manner and frequency of drawings may vary with the type of draw game as defined in Subparagraph 204.02.b.i. of these rules. (7-1-26)
d. The times, locations, and drawing procedures will be determined by the Director. (3-25-22)
e. Draw ticket game as defined in Subparagraph 204.02.b.ii. of these rules will operate with a finite number of tickets per draw game and a predetermined and guaranteed prize structure approved by the Director. (7-1-26)
f. A ticket bearer entitled to a prize must submit the winning ticket as specified by the Director. The winning ticket must be validated by the Lottery or a draw retailer through use of the validation number and any other means specified by the Director. (7-1-26)
a. Drawings will be conducted in a location and at days and times designated by the Director. (3-25-22)
b. For each type of draw game, the Director will establish a time before the drawing for the end of sales. (7-1-26)
c. The Director will designate the type of equipment to be used and will establish procedures to randomly select the winning combination for each type of draw game. Drawing procedures will include provisions for the substitution of backup drawing equipment if the primary drawing equipment malfunctions or fails for any reason. (7-1-26)
d. The equipment used to determine the winning combination will not be electronically or otherwise connected to the central computer or to any tapes, discs, files, etc., generated or produced by the central computer. The drawing results, including sales, number of winners and numbers drawn, will be audited and reviewed after each drawing to ensure proper operation and lack of tampering or fraud. (7-1-26)
e. All drawings may be broadcast live on television, provided the facilities for such broadcasts are available and operational and can be done at a reasonable cost. (3-25-22)
f. The Director will establish procedures governing the conduct of drawings for each type of draw game. The procedures must include provisions for deviations that include but are not limited to: (7-1-26)
g. The Director will delay payment of all prizes if any evidence exists or there are grounds for suspicion that tampering or fraud has occurred. Payment will be made after an investigation is completed and the
drawing approved by Lottery security or the Lottery’s designee. If the drawing is not approved, it will be void and another drawing will be conducted to determine the actual winner. (3-25-22)
a. To be a valid winning draw ticket, the ticket must pass all security checks of the lottery. (7-1-26)
b. A ticket failing any of the validation requirements of this rule is invalid and ineligible for a prize. The final decision on whether a prize is paid will be made by the Director. (7-1-26)
c. If there is a dispute between the Director and a claimant whether a ticket is a winning ticket, and if the Director determines that the ticket is not valid and a prize is not paid, the Director may replace the disputed ticket with a ticket of equivalent sales price for a future drawing of the same type of draw game. This will be the sole and exclusive remedy of the claimant. (7-1-26)
d. If a defective draw ticket is purchased, the only responsibility or liability of the Lottery or of the draw retailer is the replacement of the defective draw ticket with another draw ticket of equivalent value for a future drawing of the same type of draw game. (7-1-26)
a. Pay costs associated with providing a telephone line or internet or similar connection that must be located as specified by the Lottery. Payment of the telephone line or internet or similar connection is nonrefundable after installation, except if the Lottery denies, through no fault of retailer, the installation of the draw terminal. (7-1-26)
b. Pay the Lottery for the local monthly telephone or internet or similar charges per draw terminal as specified by the Lottery. The Lottery will pay for the mileage charges (if any) between the retailer’s location and the Lottery’s central site. (7-1-26)
c. Hold funds generated from the sale of draw tickets in trust for the Lottery. At a time specified by the Lottery, the retailer must pay these funds to the Lottery plus the monthly communications charge specified above in Paragraph 204.08.b. of this rule, less: (7-1-26)
i. Prizes paid; (3-25-22)
ii. Any credit; and (3-25-22)
iii. The retailer discount. (3-25-22)
d. Locate the draw terminal within the retailer’s premises at a point-of-sale location approved by the Lottery. The retailer is prohibited from moving a draw terminal unless the retailer follows the procedures established by the Director, including reimbursing the State Lottery for any telephone or internet or similar charges associated with the change of the draw terminal location if the retailer requested the change. (7-1-26)
e. Provide dedicated AC power to within approximately five (5) feet of the terminal. Dedicated AC power means that there is no other equipment on the line that is to be used for the draw terminal. The retailer is responsible for all costs associated with providing dedicated AC power. The Lottery will provide a schematic of outlet requirements to the retailer’s electrical contractor. (7-1-26)
f. Sell all Lottery games, including but not limited to instant game tickets offered by the Lottery. The retailer agrees to continue the sale of instant tickets from all cash registers or other points of purchase. (3-25-22)
g. Conduct the sale of draw tickets during all hours and days that the retailer’s business is open and the draw system is functioning. The retailer must post the hours that redemption of winning tickets may take place if these hours are different from the retailer’s normal business hours. The retailer must monitor ticket supply levels and give timely notice when any item is in short supply. (7-1-26)
h. Post winning numbers prominently where tickets are sold as soon as possible following the drawing. (3-25-22)
i. Provide secure storage for draw terminal supplies and a secure area for the draw terminal. (7-1-26)
j. Exercise due diligence in the operation of the draw terminal and immediately notify the Lottery and the central computer facility of any telephone line, internet, radio, or draw terminal malfunction, such as the issuance of an invalid draw Lottery ticket, inability to sell or redeem a draw ticket, and non-issuance of a draw ticket. The retailer is prohibited from performing mechanical or electrical maintenance on the draw terminal. (7-1-26)
k. Replace ribbons and draw or instant ticket stock and clear paper jams as required for the draw terminal per the instructions provided by the Lottery. (7-1-26)
l. Pay, without reimbursement, all electricity charges in connection with the operation of the draw terminal. (7-1-26)
a. These prizes must be paid during all normal business hours of the draw retailer, unless redemption hours differ from normal business hours that have been posted pursuant to Paragraph 204.08.g. of this rule, provided, that the draw system is operational and claims can be validated. (7-1-26)
b. A draw retailer may pay prizes in cash or by business check, certified check, money order, or any combination thereof. A draw retailer that pays a prize with a check that is dishonored may be subject to suspension or termination of its Lottery contract. (7-1-26)
a. Draw retailers must establish an account for deposit of monies derived from draw games with a financial institution that has the capability of electronic funds transfer (EFT). (7-1-26)
b. The amount deposited must be sufficient to cover monies due the Lottery. The Lottery will withdraw by EFT the amount due the Lottery on the day specified by the Director. If the day specified for withdrawal falls on a state holiday, withdrawal may be delayed until the next business day. (3-25-22)
The Commission hereby authorizes the Director to select and operate pulltab games that meet the criteria set forth in these rules. (7-1-26)
a. “Authorized Dispensing Device” means any machine, or mechanism designed for use of vending or dispensing of pulltabs. These devices may include mechanical, electrical, electro-mechanical or other devices approved by the Director of the Lottery pursuant to Section 100 of these rules. (7-1-26)
“Box” means a group of pulltabs with the same unique serial number. (7-1-26)
c. “Pulltabs” means a single folded or banded ticket or a card, the face of which is initially covered or otherwise hidden from view to conceal numbers or symbols, or both, a few of which numbers or symbols have been designated in advance and at random as prize winners when, for the opportunity to obtain each such folded or banded ticket or card, view the numbers or symbols thereon and possibly obtain a prize, a person pays an established price to a breakopen instant ticket retailer. (7-1-26)
“Pulltab Retailer” means any person who has been approved, certified and contracted with by the Lottery to sell pulltabs. (7-1-26)
“Pulltab Vendor” means any person who produces and provides pulltabs to the Lottery. (7-1-26)
f. “Distributor” means any person who purchases or otherwise obtains authorized dispensing devices for use in pulltab games from any person and sells or otherwise furnishes such device to another person for the resale of or the display or operation of that device. (7-1-26)
i. As used in these rules, the term “distributor” includes a person who services and repairs authorized dispensing devices, so long as the person performing such servicing or repairs is approved by the distributor or distributor’s representative, and makes no addition to, or modification or alteration of, the authorized device. (3-25-22)
ii. A manufacturer who sells or otherwise furnishes authorized dispensing devices not manufactured by him to any other person for resale or for display or operation of that authorized device is also a “distributor.” (3-25-22)
g. “Distributor’s Representative” means any individual who represents a distributor in any of the distributor’s activities in connection with the sale or furnishing of authorized dispensing device for use in pulltab activities. (7-1-26)
“Flare” means a vendor-provided informational sign that, at a minimum, displays the prize structure, the serial number of the box in play, the odds of winning a prize, and the price of the ticket. (7-1-26)
i. “Manufacturer” means any person who assembles from raw materials or subparts a completed authorized dispensing device or pieces of the authorized device for use in pulltab activities and who sells or otherwise furnishes the same to any distributor or retail outlet. (7-1-26)
j. “Manufacturer’s representative” means any person who represents a manufacturer in any one of the manufacturer’s activities in connection with the sale or furnishing of authorized dispensing device for use in pulltab activities. (3-25-22)
02. Pulltab Special Inspection. The Director or authorized representative has the authority to select any pulltab box and examine the quality and integrity of the box in any manner, including pulling all chances remaining thereon: Provided, that if the box so inspected is thereby altered by such inspection in any manner and no defect, alteration, deceptive condition, or other violation is discovered, then the owner shall be reimbursed by the Lottery at the owner’s cost for the box or portion thereof, and the box will become the property of the Lottery. Provided further, that for each box inspected which is found to be defective in any area related to a vendor’s quality control deficiency, a fee may be assessed by the Director against the vendor of the pulltabs. (7-1-26)
03. Pulltab Operation. (3-25-22)
a. No retailer is permitted to display or operate any pulltab that has in any manner been marked, defaced, tampered with or otherwise placed in a condition, or operated in a manner, that may deceive the public or that affects the chances of winning or losing upon the taking of any chance thereon. (7-1-26)
b. All records, reports, receipts and any unsold tickets relating to a pulltab box must be retained on the retailer’s premises at least ninety (90) days after the box is removed from play and be made available on demand to representatives of the Idaho Lottery. (7-1-26)
04. Pulltab Price per Play to Be Posted. No pulltab box may be placed for public play unless the cost to the player for each ticket is clearly posted on the flare. The price per ticket will be determined by the Director. (7-1-26)
05. Claiming of Prizes. Prizes must be redeemed on the same day as purchased at the location where the winning ticket was purchased, and prizes will be awarded in cash or by check. (3-25-22)
06. All Devices Must Comply With Requirements. No retailer may display or put out for play, and no distributor or manufacturer or their representatives may sell or otherwise furnish any device for the dispensing of
pulltabs, unless the device is approved for use by the Director, thereby making it an authorized device. (7-1-26)
a. No person may sell or transfer to another person in this state or for use within this state, nor shall place out for public play, any device for the dispensing of pulltabs that is not constructed to allow a consumer to clearly see each ticket within the device before playing the device. (7-1-26)
b. No person may put out for public play any device for the dispensing of pulltabs that is not constructed to provide for at least one (1) sleeve in play in the device. (7-1-26)
c. No person may put out for public play any device for the dispensing of pulltabs that is designed, used, or constructed, in a manner that detracts from the pulltabs or that is deceptive in any way, as determined by the Director. (7-1-26)
07. Pulltab Series Assembly and Packaging. Vendors of pulltab games must manufacture, assemble and package each pulltab game box in a manner that none of the winning tickets, nor the location or approximate location of any of the winning tickets, can be determined in advance of opening the tickets. All pulltab games must be approved and will be distributed and sold exclusively by the Lottery. The Lottery may adopt quality control standards for the manufacture of pulltab games. (7-1-26)
08. Standards For Flares. The flare advertising prizes available from the operation of any box of pulltabs must: (7-1-26)
a. Be placed near or upon the upper face, or on the top, of any authorized device used to dispense pulltabs in a manner clearly visible to the public; and (7-1-26)
b. Clearly set out each of the prizes available and the combination of numbers or symbols which win prizes. Each flare describing the prizes and winning number or symbols for a box of pulltabs in play must clearly set out the box number assigned to that box by the vendor. The box number will be placed upon the flare by the vendor. The total number of tickets originally in the box will be placed upon the flare by the vendor. (7-1-26)
09. Prize Structure. The Director will establish a prize structure detailing the estimated number of prizes that are expected to be awarded in each box and a close approximation of the odds of winning such prizes. (7-1-26)
10. Certificate Modification. (3-25-22)
a. Certified instant ticket retailers may apply for a certificate modification to allow for the sale of pulltabs. A current instant ticket retailer will be required to complete an additional application or application supplements. If a current instant ticket retailer requests that the existing certificate be modified to allow for the sale of pulltabs, no additional application fee will be charged upon approval. (7-1-26)
206. -- 299. (RESERVED)
01. Audit. The review of documents or other records pertaining to operation of bingo or raffles, including, but not limited to, ledgers, bank statements, checks and deposit records, nightly logs, receipts, register tapes, computer records, contracts and leases, records showing use of all revenues for charitable activities, and tax records, by representatives of the Lottery, the attorney general, other law enforcement agencies, or independent auditors. (3-25-22)
02. Autodaubing Features or Autodaubing. Electronic bingo card daubers, including software or equipment interfaced with electronic bingo cards that automatically daub the numbers as called without requiring the player to manually input the number called. (3-25-22)
03. Bingo. The traditional game of chance using a card with five (5) rows and five (5) columns containing numbers from a range of one (1) to seventy-five (75) and played for a prize determined before the game begins, as elaborated in Subsection 300.03.a. of these rules, and other games authorized by Title 67, Chapter 77, Idaho Code, and by these rules, for example, “U-Pick Em.” (7-1-26)
a. Bingo Cards, Regular. Regular bingo cards (reusable or disposable) contain five (5) rows and five (5) columns of squares arranged in a five-by-five (5x5) grid; each square is imprinted with randomly placed numbers from a range of one (1) through seventy-five (75), except for the center square, which may be a free space. The letters “B-I-N-G-O” must also be imprinted on the card in order with one (1) letter above each of the five (5) columns (the letter “B” above the first column and so on). (3-25-22)
b. Play Method. Players who have paid consideration for the cards that they are holding compete for a prize by covering numbers on their cards when designators with the same number are randomly drawn and called. The balls or other designators in the selection device are numbered in the same manner as the possible numbers on the bingo cards, from one (1) through seventy-five (75). The winner is the first player to cover a predetermined arrangement of numbers on the players’ cards, for example, any row, column or diagonal of the five (5) rows and (5) columns and two (2) diagonals of the bingo card. Upon approval of the Bingo-Raffle Advisory Board there may be other forms of bingo games allowed, such as, but not limited to, Blackouts, Bonanza, and “U-Pick Em” games. The game begins when the first number is called and ends when a player has covered the previously designated arrangement and declares a bingo. Each winning card must be independently verified by a floor worker and another player by calling back the winning combination of numbers in the predetermined arrangement or by entering the serial number printed on the bingo card into an electronic verification system that can verify whether a card is a winner. (3-25-22)
c. Exclusions from Bingo. Bingo does not include “instant bingo,” which is a game of chance played by the selection of one (1) or more prepackaged cards, with the winner determined by the appearance of a preprinted winning designation on the card. (3-25-22)
04. Blackout. A game of bingo where all numbers are covered on a bingo card. This game is also referred to as “coverall.” (3-25-22)
05. Bonanza. A game of bingo that is played on a prefolded card or on another kind of card on which the numbers are not revealed until the card is purchased and in which a designated number of balls are emitted from the machine in the usual manner and displayed. If there is no “Bingo” called on these numbers, the game may continue with one (1) additional ball emitted at a time until there is a winner. (3-25-22)
06. Charitable Contribution Acknowledgment Report Form or CCARF. A form, prepared by the Director, upon which the recipient of a donation for a charitable purpose must indicate the charitable purpose for which the donation will be used; the name, address, and phone number of the person receiving the donation; and acknowledgment that the recipient will provide any and all information necessary in order for the Director or his representatives to verify that the donation was used for a charitable purpose, as well as any other information needed by the Director to assure that the donation is used for a charitable purpose. (7-1-26)
07. Charitable Purpose. The advancement of a religious, charitable, civic, scientific testing, public safety, literary or educational purposes or for purchasing, constructing, maintaining, operating or using equipment or land, or a building or improvements thereto, owned, leased or rented by and for the charitable or nonprofit organization and used for a civic purpose or made available by the charitable or nonprofit organization for use by the general public from time to time, or to foster amateur sports competition, or for the prevention of cruelty to children or animals. (7-1-26)
08. Concessions. Food and beverages or other incidental items (for example, caps or tee-shirts) unrelated to gaming that are sold to players at bingo games. (3-25-22)
09. Disposable Paper Bingo Card. A non-reusable, paper bingo card. (3-25-22)
10. Distributor. Any person who purchases or otherwise obtains or supplies equipment for use in conducting gaming activities, including, but not limited to, bingo or raffles, from any person or entity, and sells or
otherwise furnishes such equipment or supplies to any person or entity who engages in gaming activity. (3-25-22)
11. Electronic Gaming Devices. Gaming or gambling devices electronically operated by inserting a coin or token and then pulling a handle or pushing a button to activate the game. Electronic gaming devices can generate points or payout slips for accumulated wins. (3-25-22)
12. Hard Bingo Cards. Reusable bingo cards with sliding windows or shutters to cover the numbers on the cards. Hard cards are legal in sessions with less than ten thousand dollars ($10,000) of annual gross revenue or for special occasions. (3-25-22)
13. Instant Bingo. A Lottery game played by the use of premarked cards which, when opened, scratched or otherwise revealed, determine whether the cardholder is a winner without any competition among players. “Instant Bingo” is not a game of “Bingo” as defined by these rules. (3-25-22)
14. License. A permission issued by the Director of the Lottery to operate bingo games or raffles or to manufacture, sell, distribute, furnish or supply gaming machines, equipment or material. (3-25-22)
15. Licensed Game Operator. A person who qualifies as a nonprofit or charitable organization who may operate bingo or raffles and who is licensed pursuant to Section 67-7711, Idaho Code. (3-25-22)
16. Licensed Vendor. A person who manufactures, sells, distributes, furnishes or supplies gaming machines, equipment or material who is licensed pursuant to Section 67-7715, Idaho Code. (3-25-22)
17. Manufacturer. Any person who fabricates or assembles a completed piece of gaming equipment or pieces of gaming equipment, or supplies completed gaming equipment, or pieces of gaming equipment for use in gaming activities, including, but not limited to, bingo and raffles, and who sells or otherwise furnishes the completed gaming equipment or pieces of gaming equipment to any distributor, operator, or retail outlet. (3-25-22)
18. Organization. A charitable organization or a nonprofit organization. (3-25-22)
19. Reusable Bingo Cards. Bingo cards constructed out of a durable material that use sliding windows or shutters or chips to cover the numbers and that can be reused from one (1) game to another. (3-25-22)
20. Tracking. The documentation of sales by sequentially numbered bingo paper or numbered tickets in raffles. (7-1-26)
21. U-Pick Ems. A game where players select their own numbers on a two (2) part duplicated bingo card. One (1) copy is retained by the player and used as a bingo card. Numbers are called until there is a winner. The winner is determined by the first player to cover the numbers on a “U-Pick-Em” card. (3-25-22)
All organizations operating bingo games, whether licensed or unlicensed, must abide by these rules. It is unlawful to conduct bingo sessions or bingo games in violation of Title 67, Chapter 77, Idaho Code, or in violation of these rules, and persons doing so may be subject to administrative, civil or criminal penalties. (7-1-26)
A session is determined by the sale of paper for a continuous series of bingo games offered for a predetermined period of time. For special sessions it is permissible to extend the hours past midnight, but all hours past midnight up to 2 a.m. on the following day will count as hours for the day during which the session started. (7-1-26)
The organization’s current charitable gaming license issued by the Lottery must be displayed during bingo games and bingo sessions in plain view for all players and interested persons. Lottery Gaming Rules must be kept on site and available during all sessions. Days/hours of operation must be posted in plain view for all players and interested persons. If days or times change, it is the responsibility of the organization to provide written notice to the Lottery. House rules pertaining to bingo must be posted in plain view for all players and interested persons. (3-25-22)
At least one (1) member or representative of the licensed organization must be in attendance at each session of bingo to supervise all bingo-related activities of a licensed organization. All bingo game employees, volunteers, and managers of all organizations, whether licensed or unlicensed, must be trained in the proper conduct of the game and the control of funds. (7-1-26)
All bingo game employees and managers are prohibited from playing in any game or in any session for which the employee or manager takes part as employee or manager. There should be no conflict of interest perceived by the public. (3-25-22)
Bingo operators may allow minors to work in a bingo game or session as per local house rules. (7-1-26)
01. Bingo Paper. The non-reusable colored paper cards must be sold with a printed series and a printed serial number on each card. These cards may be assembled in multiple card sheets, single sheets, or packets. A sequential series and serial number must be printed on each individual card. (7-1-26)
02. Tracking by Game For Bingo Paper. The tracking may vary according to games sold at each session (packets, specials, singles, six (6) ons, three (3) ons, etc.) and may be designated by game name or color of paper. (3-25-22)
03. Tracking By Bingo Paper Packet. If sales are completed by packet, then those packets must not be separated for sale as singles. Individual games or packets sold must be recorded sequentially for effective tracking. The tracking records must be retained with permanent records. Tracking records are not required to be submitted with the Annual Bingo Report form. (3-25-22)
04. Late Players When Bingo Paper Used. Packets of bingo paper sold to late players must have the previously played games sheets removed and voided. The tracking must account for sheets removed and voided. (3-25-22)
05. Designation of Bingo Paper Color For Games. Each game is assigned a particular color of paper card. Other colors will not be accepted. (3-25-22)
01. Pre-Game Duties. Before selecting or calling the first number in any game, the bingo caller must check the machine and balls for defects. This can be done by running all of the balls through the machine and placing them in their assigned slots to determine that there is one (1) ball for each number and only one (1) ball for each number. The caller will draw numbers for the Bonanza, Progressive or Hot Ball games if used and verified by a player. The caller must announce the color of paper card assigned to each game, the pattern or arrangement of squares to be covered to win the game, and the prize amount. (3-25-22)
02. Displaying Numbers During Play. Each time that a number is selected, the bingo caller must display the ball or other designator in a receptacle to prevent it from being placed back into the selection pool. If electronic display boards are used the placement of the selected ball should activate the number or if not, the operator is required to manually activate each number on the board. (3-25-22)
03. End of Game. After a winner has been verified as set forth in Section 309 of these rules, the caller must ask if there are additional winners. After asking for and verifying whether there are additional winners, the game is declared to be completed, and the ball machine must be cleared for the next game. (7-1-26)
01. Winning Cards. A winning card is a card upon which the numbers drawn by the caller cover the previously designated arrangement of winning squares. (3-25-22)
02. Player’s Responsibility. It is the player’s responsibility to notify the game operator or caller that the player has a winning card by yelling “bingo” loud enough for the caller to hear the player. (3-25-22)
03. Game Stops to Verify Winner. When a player announces a winning card, the game must stop for winner verification before the next number is selected. The game must be secured so that it can be continued if the declaration of a winning bingo card is incorrect. If a player mistakenly announces a winning card and the card is not a winner, the game proceeds until a winner is declared. (3-25-22)
04. Verification of Winning Card. To verify a winning card a bingo operator’s employee or volunteer must call back the combination of numbers in the assigned pattern and the color of the paper card. The caller must verify the numbers called back. Electronic verifying devices may be used by entering the serial number of the winning card. A monitor must reveal the card and the winning pattern to verify its status as a valid bingo or an invalid bingo. Once a winner is declared the caller must announce “one (1) good winner” or “two (2)” or more if it applies to the game. (3-25-22)
05. Prizes For Multiple Winners. If more than one (1) winner is declared, cash prizes must be divided equally, and merchandise prizes of equal value awarded. (3-25-22)
01. Hard Cards. Unlicensed charitable or nonprofit organizations with an annual gross bingo revenue of ten thousand dollars ($10,000) or less may use hard cards. A licensed organization may request a special one (1) time use of hard cards for community fund-raising projects that it is sponsoring. No hard cards are allowed to be reserved for any players, with the exception of Braille cards. (3-25-22)
02. Braille Cards. Braille cards are allowed in any bingo game for use by individuals who need them. (3-25-22)
03. Two Part Disposable Cards. Two (2) part disposable cards may be used in “U-Pick-Em” games, if: (3-25-22)
a. Original and Duplicate Copies. The cards are printed on two (2) part, self-duplicating paper that provides for an original and duplicate copy; (3-25-22)
b. Operating Controls. Players mark their numbers on each card in a distinct, clear and legible manner before separation of the duplicate and original card, and operators establish and set forth in plain view house rules setting out any conditions by which an entry may be added, deleted or changed before separation, and changes are verified by a worker authorized by the bingo manager; and (3-25-22)
c. Retention and Play of Duplicate Copy. The player retains and plays the duplicate copy, and all winning cards and their duplicate copies are retained by the operator as part of the operator’s daily bingo records. (3-25-22)
04. Card-Minding Devices. Card-minding devices are prohibited unless they meet the requirement for allowable electronic bingo devices set forth in Section 67-7702(7)(a)(i) through 67-7702(7)(a)(iv), Idaho Code. (3-25-22)
05. Use of Nonreusable Cards. With the exception of Braille bingo cards authorized for use pursuant to Subsection 310.02 of these rules, every organization that uses nonreusable paper bingo cards must use only nonreusable colored bingo paper or electronic bingo paper so that all sales can be tracked. (7-1-26)
01. Electronic Bingo Machines Defined. Electronic bingo cards, electronic bingo devices, host systems, or site systems are individually and collectively called electronic bingo machines in these rules. (3-25-22)
02. Use of Approved Hardware and Software. All organizations that offer or use any electronic bingo machines during play must use hardware or software, or both, approved by the Commission, provided that printers used in connection with site systems may be obtained from any source. (7-1-26)
03. List of Approved Hardware and Software. The Director will maintain a list of approved hardware and software for electronic bingo machines and promptly update the list after any changes. (3-25-22)
04. Requirements For Approved Site Systems. All site systems licensed by the Commission must have the ability to track, either with or without input from the bingo game's operators, the number of games played that are connected to the site system, revenue from the games played that are connected to the site system, the number of winners who are connected to the site system, and the distribution of cash and merchandise prizes to winners connected to the site system for each session played using the site system. (3-25-22)
05. Inspection and Testing. All electronic bingo machines used by bingo game operators and all records that the electronic bingo machines generate must be available to be inspected or tested, or both, to determine whether the electronic bingo machines are properly functioning. (7-1-26)
06. Pre-Game Testing. The Director or Lottery Security Division may by letter or other written communication prescribe appropriate pre-game testing procedures for electronic bingo machines as in their judgment are necessary for the particular hardware and software used. (3-25-22)
01. Maximum Number of Faces. Electronic bingo devices are hereby prohibited from monitoring more than one hundred eight (108) faces (electronic bingo cards) per game. All electronic bingo devices are required to be restricted by their hardware or software so that they can monitor no more than one hundred eight (108) faces per game. (7-1-26)
01. Reserve Devices. If a reserve device is put in use to replace a malfunctioning electronic bingo device, and if there are no more unused electronic bingo devices available to serve as a reserve device, the operator is not required to take an electronic bingo device from a player that is then using the device in order to maintain a reserve device, and the operator may continue to offer bingo games without a reserve device throughout the remainder of the session, unless one (1) or more electronic bingo devices are turned in before the session ends, in which case a device that was turned in will then become the reserve device. (7-1-26)
02. Other Requirements. The Director or the Director of Lottery Security, or his designee may by letter or other written communication prescribe appropriate procedures for play and determination of winners and other matters generally covered by Sections 307 through 309 of these rules for paper bingo cards whenever it is necessary to do so in conjunction with the use or playing characteristics or other attributes of a given hardware or software. These letters are public records within the meaning of Title 74, Chapter 1, Idaho Code. (3-25-22)
01. Applicability. All organizations conducting bingo games, whether licensed or unlicensed, must adhere to the required limits of statute and of this rule in dedicating their gross revenues from bingo operations. These
limits or percentages, or both, pertain to annual gross revenues during a twelve (12) month license year. (7-1-26)
02. Donated Merchandise. Donated merchandise offered as prizes is not included in the prize amounts paid out when calculating the prize payout ratio. The organization conducting the bingo game must document the value of the donated items, describe the donated items, and list the donated items on the daily reports as prizes. (3-25-22)
03. Donated Cash Funds Prohibited. Donated cash may not be offered as prizes in bingo games nor deposited into the separate bingo account. (3-25-22)
A minimum of twenty percent (20%) of annual gross revenues of a bingo operation must be paid to a charitable or nonprofit organization to be used for charitable purposes. The licensed bingo operation must maintain records showing the charitable activities to which the proceeds are applied. Organizations are permitted and encouraged to donate more than twenty percent (20%) of their gross revenues from bingo operations to charitable or nonprofit organizations to be used for charitable purposes. No part of this twenty percent (20%) can be used, whether directly or indirectly, for any bingo expense. (7-1-26)
By this rule the Commission exercises is authority over maximum prizes are set forth in Section 67-7708, Idaho Code. (3-25-22)
01. Maximum Prize For One Game. The maximum prize in cash and merchandise that may be offered for any one (1) bingo game is three thousand dollars ($3,000). (3-25-22)
02. Maximum Prizes For One Session. The total of the maximum prizes in cash and merchandise that may be offered at any one (1) bingo session is twenty-five thousand dollars ($25,000). (3-25-22)
Every organization conducting bingo games, whether licensed or unlicensed, must comply with the accounting requirements of Sections 321 through 326 of these rules. (7-1-26)
01. Establishment of Account. All net proceeds received in connection with a bingo game required to be licensed under Title 67, Chapter 77, Idaho Code, and by these rules must be placed in a Separate Bank Account. Only bingo funds generated from bingo games may be distributed as prizes, administrative expenses, or charitable/nonprofit donations. (7-1-26)
02. Disbursements Use of Funds. All disbursements must be documented as defined in Section 67-7709(1), Idaho Code, and by these rules. (3-25-22)
01. Establishment of General Ledger. A general ledger must be established to account separately for the bingo operation and track all transactions for the funds generated from bingo. (3-25-22)
02. Documentation. The accounting of revenues from sales of bingo cards or other entry fees and all disbursements must be documented. The accounting should include, but not be limited to, total prize payouts per session, and bingo related expenses per session, charitable contributions per session, wages, date and purpose or payee for each entry. (3-25-22)
03. Annual Report. Copies of general ledgers and the Charitable Contribution Acknowledgement Report Form must accompany the Annual Bingo Report filed with the Lottery. All disbursements shall be recorded in the general ledger. (7-1-26)
01. When Due. Every licensed charitable or nonprofit organization conducting bingo games shall prepare an annual report within thirty (30) days after the close of its license year and file the annual report with the Lottery. (7-1-26)
02. Information Required By Forms. The nightly reports, receipts, winner records, and payouts must be documented and kept with the organization’s records for five (5) years along with any further information required by the forms prescribed by the Lottery pursuant to statute and rule. (3-25-22)
Any prizes exceeding one thousand one hundred ninety-nine dollars ($1,199) must have a W2-G on file for a gaming income for these amounts as required by the Internal Revenue Service. See 26 U.S.C. Section 6041 and 26 CFR 7.6041-1 and 35a.9999-3 (question and answer 19). (7-1-26)
01. Deposit of Receipts. Bingo funds received in check form must be payable to the organization. All funds must be deposited in a Separate Bank Account. (3-25-22)
02. Ledger Entries and Receipts For Expenses. All ledger entries must track disbursements of cash and checks with expenses documented with receipts. The receipts shall include the payee’s name and address, date, and an authorized signature from the licensed organization. (3-25-22)
03. Recording of Wages. Wages paid must be recorded on expense records as gross amounts before withholding of taxes or other withholding and net amount paid, with each item of withholding shown. Wages paid must be documented with copies of pay stubs, or other records showing gross wages and withholding. (3-25-22)
04. Submission With Annual Report. Copies of ledgers containing the documentation of all transactions must be submitted with the Annual Bingo Report. Inventory tracking of sequentially numbered paper must be retained in records for a period of five (5) years and kept available for examination. All documents must be legible and compiled in an orderly manner. (3-25-22)
All organizations conducting raffles, whether licensed or unlicensed, must abide by these rules. It is unlawful to conduct raffles in violation of Title 67, Chapter 77, Idaho Code, or in violation of these rules, and persons doing so may be subject to administrative, civil or criminal penalties. (7-1-26)
Organizations must be able to substantiate ownership of all prizes or other legally enforceable rights to obtain the prizes to be offered in a raffle prior to advertising or selling tickets for such prizes. Proof of ownership of prizes or other legally enforceable rights to obtain prizes must be provided to the Lottery upon request. (3-25-22)
At least eighty percent (80%) of the net proceeds from sales of raffle tickets or chances and duck races must be donated to a charitable or nonprofit organization to be used for a charitable purpose. The name, address, and charitable purpose of the charitable or nonprofit organization awarded these funds must be listed on the Charitable Contribution Acknowledgement Report Form and submitted with the Annual Raffle Report to the Lottery. A maximum of twenty percent (20%) of net proceeds is allowed for expenses. (7-1-26)
Every organization conducting a raffle event must establish a general ledger for the raffle. The organization must
keep records that show the total number of tickets or chances sold, the revenues from tickets or chances sold, the expenses of conducting the raffle, and the prizes for each raffle. (3-25-22)
Every licensed organization conducting a raffle shall prepare an annual raffle report and Charitable Contribution Acknowledgement Report Form and submit both reports to the Lottery within thirty (30) days after the close of its license year. (7-1-26)
CONDUCTING BINGO GAMES OR RAFFLES
01. Background Check of Applicants. The application for an initial license and for a renewal license to operate a bingo game or to conduct a raffle will be reviewed and relevant background investigations will be conducted on all persons listed on the application as officers, directors or members of the charitable or nonprofit organization. The signature from the organization's representative on the application gives the Lottery authority to conduct the required investigations. The persons listed on the application must be officers or directors of the organization applying for a license and the application must be signed by an officer of the organization. (3-25-22)
02. Charitable Organizations. The applicant must also provide verifiable documentation to prove charitable function, purpose and activities. Acceptable documentation includes, but is not limited to, meeting minutes, donation documentation, and membership list. (7-1-26)
03. Incorporated Nonprofit Organizations. The applicant must also provide verifiable documentation to prove charitable function, purpose and activities. Acceptable documentation includes, but is not limited to, meeting minutes, donation documentation, and membership list. (7-1-26)
Different chapters of an organization may apply for and share one (1) raffle license so long as the information required in 500.01 through 500.06 these rules is provided to the Lottery before the issuance of the license. When two (2) or more chapters share a license, in aggregate they are subject to the limitations of a single organization with a license; multiple chapters sharing a license are not entitled to multiples of the event or prize limits for a license. (7-1-26)
Persons listed on the application as officers or directors and their relatives and members of their household are prohibited from being compensated for their participation in the organizations bingo operation. No organization shall contract with any person not employed by, or a volunteer for, the organization for the purpose of conducting a bingo game or raffle on the organizations behalf. (7-1-26)
01. Applications For Licenses. The application will be denied if the applicant does not meet the requirements of statute and of these rules. If an application is not received thirty (30) days in advance of a proposed event, it is possible that a license may not be granted before the event, and the event will not be allowed to proceed without a license. (7-1-26)
02. Issuance of Licenses. A license will be issued when an application for a license is approved. A license expires one (1) year after its issuance. (7-1-26)
Violation of the bingo and raffle statutes or of these bingo/raffle rules or of any conditions of a license may be grounds for administrative, civil or criminal actions, including, but not limited to, placement on probationary status,
suspension of operations, license revocation, penalties, or fines.
(7-1-26)
Section 67-7713, Idaho Code, exempts charitable and non-profit organizations operating certain low-stakes bingo or raffle games from licensing.
(3-25-22)
01. Low-Stakes Bingo. A charitable or nonprofit organization conducting a bingo game does not need to obtain a license if its gross annual bingo sales (gross revenues from bingo operations) are less than ten thousand dollars ($10,000).
(3-25-22)
02. Low-Stakes Raffle. A charitable or nonprofit organization does not need to obtain a license to conduct a raffle if the maximum aggregate value of merchandise awarded as prizes for the raffle does not exceed five thousand dollars ($5,000).
(3-25-22)
03. Exemption From Licensing Not Exemption From Rules. Organizations exempt from licensing under this rule must still comply with applicable requirements of statute and bingo/raffle rules. This information is available by contacting the Lottery.
(3-25-22)
The Lottery will provide forms and reports necessary in regulating the charitable or nonprofit bingo and raffle events. The Commission is authorized to promulgate rules consistent with and in compliance with Title 67, Chapter 52, Idaho Code.
(3-25-22)
The Lottery will approve, deny or dismiss an application for a vendor's license, within fifteen (15) days. At the applicant's request the Lottery may defer decision for a longer time. The application will be approved, denied or dismissed in writing. The Lottery will issue vendor licenses to successful applicants.
(7-1-26)
01. Incomplete Applications. Financial reports submitted with the license application will be reviewed as part of the background investigation. All requested data shall be included on the application to avoid any delay. The application may be dismissed if it is incomplete.
(7-1-26)
Any licensed vendor in violation of statute or of these rules or of any conditions of its license may face suspension or revocation of its vendor's license.
(3-25-22)
Gaming devices, equipment, and materials include but are not limited to:
(3-25-22)
01. Number Selectors and Related Equipment. Number selection machines, manual mixing drums, or computerized random selectors, site systems, host systems or other electronic bingo machines used to select numbers for bingo or raffles are gaming devices, equipment or materials.
(3-25-22)
02. Bingo Cards. Numbered paper bingo cards and hard bingo cards as described in Subsections 310.03.a. and 300.14 of these rules, including Bonanza cards, 'U-Pick-Ems,' and electronic bingo cards, are gaming devices, equipment or materials.
(7-1-26)
03. Miscellaneous. Daubers, raffle tickets, record keeping materials, electronic bingo devices and other items used in the operation of bingo or raffles are gaming devices, equipment or materials.
(3-25-22)
Card manufacturers must follow these standards for paper cards: (3-25-22)
01. Quality of Paper. The paper must be of sufficient weight and quality to allow for clearly readable numbers and to prevent ink from spreading or bleeding through a packet and obscuring other numbers or cards. (3-25-22)
02. Random Assignment of Numbers. Numbers printed on the card must be randomly assigned. (3-25-22)
03. Serial Numbers. Each set of cards must be comprised of cards bearing the same serial number. No serial number may be duplicated by a manufacturer in a given calendar year. (3-25-22)
04. Packet Assembly. Cards assembled in books or packets must be glued, not stapled. (3-25-22)
05. Labeling. A label must be placed on the exterior of each carton of bingo paper listing the type of product, number of packets or loose sheets, serial numbers, per (series) numbers, number of cases, cut of paper, and color of paper. (3-25-22)
06. Packing Slips. A packing slip inside each case must list the same information as listed on the label. (3-25-22)
07. Invoice. All orders must be accompanied by an invoice which lists the type of product, number of packets or loose sheets, serial numbers of all packets or loose sheets, per (series) numbers, number of cases, cut of paper, color of paper and pricing by item. The invoice must also include the supplier (vendor) name, and the name and address of the organization purchasing the paper. (3-25-22)
All number selectors for bingo operations must be approved by the Commission. Electronic random selectors must interact with players. (7-1-26)
613. -- 999. (RESERVED)