Mich. Admin. Code R. 432.21101

Current through Vol. 24-19, November 1, 2024

Section R. 432.21101 - Definitions

Rule 101.

(1) As used in the act:

(a) "Bona fide member" means a member, according to an organization's established membership criteria, who participates in the organization to further its lawful purposes.

(b) "Charitable purpose" means 1 or more of the following causes, deeds, or activities that are beneficial to the general public:

(i) Relief of poverty.

(ii) Advancement of education.

(iii) Advancement of religion.

(iv) Protection of health or relief from disease, suffering, or distress.

(v) Advancement of civic, governmental, or municipal purposes.

(vi) Protection of the environment and conservation of wildlife.

(vii) Defense of human rights and the elimination of prejudice and discrimination.

(viii) Any other purpose that the commissioner determines to be beneficial to the general public.

(c) "Day" means the standard 24-hour period, except when referring to the issuance of licenses, when it means the time period from 8 a.m. of 1 day to 2 a.m. of the following day.

(d) "Lawful purpose" means 1 or more of the authorized purposes stated in a qualified organization's written bylaws, constitution, charter, or articles of incorporation and is on file with the bureau.

(e) "Licensee" means a qualified organization issued a license to conduct a large bingo, small bingo, special bingo, large raffle, small raffle, annual charity game ticket, special charity game ticket, or numeral game, or an organization or persons licensed under section 4a(2) or 4a(3) of the act. Licensee also means a hall, supplier, or manufacturer licensed under the act.

(f) "Raffle" means an event for which raffle tickets are sold and at which a winner or winners are determined either by randomly selecting stubs from all the raffle tickets sold for an event or by an alternative method that is approved in writing by the bureau, and at which a preannounced prize is awarded.

(g) "Retail value" or "market value" means the price that a merchandise item can be normally found at a retail outlet for purchase. For merchandise items that are not normally sold through retail outlets, it is the price at which the item sells for in the secondary market or the price that a reasonable seller would ask and that a reasonable purchaser would pay for the merchandise item.

(h) "Single gathering" means 1 scheduled assembly or meeting with a specified beginning and ending time that is conducted or sponsored by the qualified organization. Single gathering does not include the regular operating hours of a club or similar facility and does not include a meeting conducted solely for the purpose of conducting a raffle.

(2) As used in these rules:

(a) "Act" means Traxler-McCauley-Law-Bowman Bingo Act, 1972 PA 382, MCL 432.101 to 432.120.

(b) "Administrative procedures act" means administrative procedure act of 1969, PA 306, MCL 24.201 to 24.328.

(c) "Bingo equipment" means any authorized item that is used to conduct bingo.

(d) "Compliance meeting" means a meeting as prescribed by the administrative procedures act, conducted by the bureau at which the licensee has an opportunity to show compliance with the act, these rules, terms of probation, directives of the bureau, public policy of the state of Michigan, or any other local, state, or federal law or regulation.

(e) "Compliance meeting notice" means the document issued by the bureau before the compliance meeting to inform a licensee of the date, time, and location of the compliance meeting.

(f) "Contested case hearing" means a formal hearing before a hearing officer conducted as prescribed by the administrative procedures act.

(g) "Contested case hearing notice" means the document issued by the bureau before the contested case hearing to inform a licensee of the date, time, and location of the contested case hearing.

(h) "Deal" means a package or packages of numeral game tickets that are imprinted with the same serial number.

(i) "General public" means society as a whole or any considerable part of society.

(j) "Gross revenue" means the monetary value received by the licensee for all fees charged to participate in the licensed gaming event before any deductions for prizes or any other expenses.

(k) "Informal meeting" means a meeting conducted by the bureau, at its discretion, at which the bureau discusses the failure of the licensee or lessor to comply with the act, these rules, terms of probation, directives of the bureau, public policy of the state of Michigan, or any other local, state, or federal law or regulation.

(l) "Lessor" means a person who rents a location to a licensee for the purpose of conducting a licensed gaming event, except a person who is licensed under R 432.22001 to R 432.22008.

(m) "License" means a valid large bingo, small bingo, special bingo, large raffle, small raffle, annual charity game ticket, special charity game ticket, numeral game, hall, supplier, or manufacturer license that is issued by the bureau.

(n) "Licensed gaming event" means a large bingo, small bingo, special bingo, large raffle, small raffle, annual charity game ticket, special charity game ticket, or numeral game licensed under the act.

(o) "Occasion" means the hours of the day for which a license is issued.

(p) "Privately held corporation" means a corporation that does not trade its stock in a stock exchange or in over-the-counter transactions.

(q) "Probation" means a license status requiring strict compliance with the act, these rules, directives of the bureau, public policy of the state of Michigan, and specific conditions as established by the commissioner.

(r) "Probation violation" means failure to abide by any of the terms of probation.

(s) "Probationary period" means the time interval of probation.

(t) "Terms of probation" means the conditions established by the commissioner that shall be complied with during the probationary period.

(u) "Violation notice" means a document issued by the bureau, to a licensee charging a violation of the act, these rules, terms of probation, directives of the bureau, public policy of the state of Michigan, or any other local, state, or federal law or regulation.

(v) "Week" means a period of 7 days beginning with Sunday and ending with Saturday.

(w) "Worker" means a person who assists or participates in the management, conduct, or operation of a licensed gaming event.

(3) A term defined in the act has the same meaning when used in these rules.

Mich. Admin. Code R. 432.21101

2000 AACS; 2003 AACS; 2011 AACS; 2014 AACS