Not Guilty in NC Sweepstakes Case

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..The Cloudy World of Compliant Games and Illegal Games..

DUPLIN COUNTY, NC -– Judges rules ‘not guilty’ verdict on the first internet sweepstakes trial in Eastern Carolina district.not guilty

On September 5, Gardner Payne was arrested and charged with six counts of gambling and another six counts of video violation for running an internet café business and sweepstakes along Highway 41 in Wallace.

Though Judge Henry Stevens concluded Payne was not guilty of all 12 charges, Pre-Reveal-GoldDistrict Attorney Ernie Lee announced that despite the verdict, authorities will continue to enforce the law on games that violate the letter of the law.

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Law Enforcement Unsure What Constitutes Violation Of Sweepstakes Ban

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 NORTH CAROLINA – The DA’s office has tipped off law enforcement in seven counties to be prepared for resistant sweepstakes operators reluctant to shut down.
In a memorandum issued by District Attorney Mike Bonfoey on late December, he has expressed his doubt on the video gambling industry’s willingness to shut down for good with NC’s General Statue over sweepstakes.court2
Back in December, the North Carolina has issued a ban on sweepstakes.
He also added that there will be lawsuits, appeals and more injunctions will be issued.
In fact, early this year, nine sweepstakes operators were charged in Macon, Jackson, Haywood, Franklin, Sylva and Waynesville. Three of the charged operators have argued that their games which require skills and dexterity should release them off the ban. Unfortunately, as the trials close in, some of the suspects have gotten off.
In addition, civil suits have been filed against the chiefs of Highlands, Macon County and Sylva. One complainant called Gift Surplus contends its new style of video games is legit and therefore must be left alone.
The law enforcement claims their hands are tied while the case is going on Macon County.

 

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Sweepstakes Operators Apply To Expand Business

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AHOSKIE – SevPre-Reveal-Golderal months after the state made it illegal to operate a sweepstakes with a entertaining display an internet café in the county wanted to expand its operating hours. The town council said no.

Three internet cafes want to expand their business despite a court ruling that banned the use of a entertaining display.

North Carolina lawmakers and law enforcement agencies have attempted to shut down Internet sweepstakes cafes for at least six years, with the latest statute taking effect in January. But the gaming industry has appealed charges, filed suit or changed their games so not to violate the text of the statue.

Attorneys contend that new software is legal because it eliminated the “entertaining display” for the sweepstakes and allows players to push a “pre reveal” button to show the existence of a possible prize without necessarily playing the game and have won at least 4 court cases in NC to support their claim.

At the July meeting of the Ahoskie Town Council, Tony Meeks, owner of Top Catz Internet Café, requested council consider a request to amend the current ordinance to allow the internet cafes to remain open 24 hours per day on Thursday, Friday, and Saturday.

Café operators say they have had requests from customers who frequent their establishment from Virginia to seek this amendment.

If the change were to be considered it would require a public hearing – sometime in September – because it would be a modification of an ordinance.

Town Manager Tony Hammond informed council his staff found there are two other municipalities that allow expanded 24-hour operation on weekends.

Ahoskie Chief of Police Troy Fitzhugh was present at the meeting and was asked if there had been any problems at the Internet cafes.

“We’ve only had maybe two or three calls since they’ve been established,” the Chief answered. “Nothing big other than parking issues at all three establishments,” he added.

Councilman Winfred Hardy – former Hertford County Sheriff – said it was usually after midnight when trouble would start.

“After 12 o’clock at night, that’s usually when the police would get busy,” said Hardy. “I don’t think we should do it (allow an expansion of the weekend hours).”

Hammond reiterated that the cafes’ normal hours of operation are from 8 a.m. to 2 a.m.

“I’m not saying it’s going to happen here, but most of your incidents usually happen from midnight to day,” Hardy declared. “If it starts carrying on at night then the police are going to be busy.”

Fitzhugh made the point that his department did not have a problem with 24-hour Internet cafes at this time.

“I would have to assess it at the door and let you know,” the Chief said. “Right now the only issues we’ve had are parking.”

Fitzhugh even cited a survey sent out by former North Carolina Governor Beverly Perdue’s office requesting information on incidents in various towns with Internet cafes and that Ahoskie only had to report two.

“One was an alarm call at 1 (a.m.) and another was about a person just hanging around, and we checked on it and they left,” Fitzhugh said.

After the brief discussion, Mayor Brien Lassiter called for a motion, Hardy made a motion to not hold a public hearing prior to possibly amending the ordinance. Four Council members supported the motion, thus denying the request to expand weekend hours at Ahoskie’s trio of Internet Cafes. Councilman Maurice Vann cast the only dissenting vote.

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Two Men Shot At Illegal Poker Machine House

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Two Shot in Illegal Gambling Heist
Fayettville, N.C. –Two men were wounded by gun shots during an underground gambling heist in Cumberland County, early Wednesday.
According to Cumberland County Sheriff’s report, the heist happened around 2:30 in the morning along 4557 Cumberland Road. The two men were rushed Cape FearPre-Reveal-Gold Valley Medical Center for surgery. It is yet unclear whether the wounded men attempted the robbery or merely gamers.
Prior to the incident, authorities have been investigating the illegal gambling operation in the area after it was banned in North Carolina. The illegal operation was ordered to close in January. Four video devices and other gambling paraphernalia were seized after the heist.
Cumberland County Sheriff Earl “Moose” Butler stated, “I am very concerned about robberies, other crimes of violence, and other criminal activity associated with these illegal gambling operations. And we will continue to investigate the operations and any illegal activity associated with them, particularly, robberies or the illegal use of firearms.”
Sheriff Butler appealed to the public for help by reporting any information that they may have about the robbery or any other illegal gambling establishments.

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New PreReveal Sweepstakes Games Keep Cafes Open

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While police in Durham recently overruned a number of Internet sweepstakes parlors presumed of operating unlawfully, Raleigh’s parlors won’t obtain a browse through from the law just yet.

City Attorney Tom McCormick has informed the Raleigh City Council that he’s waiting for support from Wake County District Attorney Colon Willoughby. Up until then, Raleigh authorities won’t be cracking down.

HB-547

NC PREREVEAL SWEEPSTAKES GAMES

The General Assembly outlawed sweepstakes cafes more than three years back, and five months have passed since the state Supreme Court promoted the ban, yet some of the parlors remain open.

Raleigh‘s deputy police chief, Joseph Perry, stated his officers are ready to take action once the legal concerns are clarified.

Councilman Eugene Weeks claimed he’s eager for an option. While the city’s data don’t reveal a higher quantity of criminal offense at the sweepstakes companies, Weeks claimed he believes drivers are sending trouble consumers to socialize across the street instead.

“They’re locating means to prevent every little thing we’re discussing in listed here,” stated Weeks, whose Southeast Raleigh area is the home of many parlors. Next-door neighbors are listening to sound “perpetuities of the evening. How do we help the residents?”.

http://raleighsweepstakescafe.com/

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Internet Cafe Owners In North Carolina Found Blameless

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On the same day a bill to legalize sweepstakes gaming was presented in the condition legislature, a judge ruled a sweepstakes laborer in the Catawba Region blameless.

It’s the initial judgment handed down in the state on charges versus a sweepstakes employee or owner under the new

PREREVEAL SWEEPSTAKES

NC PREREVEAL GAMES

condition law that bans video sweepstakes, said Attorney Lisa Dubs. Dubs argued the case Wednesday at the Hickory Courthouse where District Court Judge Amy Sigmon discovered sweepstakes employee Judy Scronce Sigmon blameless. The 2 females are not related, Dubs verified.

Sigmon was working at Circle S Depot on Springs Road on Jan. 18 when Hickory cops raided the business and billed her and owners Curtis Huffman and Robert Klingensmith with misdemeanor running an illegal sweepstakes business.

Dubs suggested Sigmon was not guilty because the games the business was operating did not violate North Carolina law on video sweepstakes gaming. Sweepstakes parlor owners and software application makers changed the games after a judgment from the NC Supreme Court stands upped the state’s law prohibiting the gaming. Owners and software producers altered the games so the reward– a dollar figure– is revealed before the game is played as opposed to after, as the games were when the condition prohibited them. Dubs claimed the pre-reveal games are not poker machines or gambling due to the fact that there is a limited pool of possibility and winnings are currently identified.

The law also states you cannot announce profits via an enjoyable display, she said.

In mid-December, the NC Supreme Court turned around an appellate court choice that kept sweepstakes parlors open and said the condition’s law outlawing video sweepstakes gaming was overbroad and limited free speech.

The NC Attorney General’s Office has sustained the condition law prohibits any kind of video sweepstakes gaming.

Whether the new sweepstakes gaming, frequently called pre-reveals, are legal seems to be up for analysis. In some locations of the condition, the new games are permitted while in other locations, authorities have actually cracked down on sweepstakes parlors and taking machines.

Huffman wants to distance himself from those who may not attempt to comply with the law.

However Huffman claimed several of the seizures and bosoms are of unlawful tools– the machines not running pre-reveal games– and operations. He said those businesses also are developing unethical competitors for areas like his business who run pre-reveal games.

Along with the result on Wednesday in Catawba County, if an additional judge in a various district has a different ruling, that confusion is the kind of point that invalidates laws, Dubs claimed.

In court Wednesday, the court wished to see how the sweepstakes gaming functioned however it couldn’t be demonstrated, Dubs claimed.

That’s because the machines and software are secured and work through a master web server managed off-site, Huffman stated. Witnesses clarified to the court how the machines and games operate, Dubs said.

Despite Wednesday’s judgment looking great for their edge, Huffman will not level his business as soon as possible. He does have sweepstakes businesses in various other areas, featuring Statesville, however none in the 25th prosecutorial area.

“We’re not doing everything now,” Huffman pointed out. “We’re awaiting advisement from our attorney.”.

Huffman stated he does not want to do everything to inflame the scenario. He wants to be able to operate in some form and be fairly strained, he pointed out, calling sweepstakes cafes or parlors reputable companies.

An NC House bill presented Wednesday is finding to legislate sweepstakes gaming twice in the condition.

NC House Bill 547 was presented by co-sponsors Reps. Jeff Collins, R-Nash, and Michael Wray, D-Northampton. They say the games ought to be legalized and businesses strained since that would generate profits, and the businesses offer jobs. Both Collins and Wray have approved cash from a sweepstakes driver now dealing with racketeering charges in Florida, Chase Burns.

Huffman hopes the condition will certainly legislate video sweepstakes gaming.

The cases against Huffman and Klingensmith are set to be heard in May, Dubs said. She claimed it has actually been hard and has actually developed a difficulty for the group.

“So we’re in a rush to get them listened to as soon as feasible,” Dubs stated.

Wednesday’s case is one that has a lot of interest from folks, with Dubs stating she’s gotten calls from individuals throughout the nation. Those phone calls came from legal representatives, people that have actually been charged in a sweepstakes case and from those who make the video sweepstakes software application, Dubs said.

http://raleighsweepstakescafe.com/

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New Bill Would Regulate Sweepstakes In NC HB-547

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NC Bill Introduced To Tax And Regulated Sweepstakes HB-547

A bill was introduced to regulate the sweepstakes industry and tax its proceeds, an idea that’s been floating around for years was finally made public by some big time supporters.

“It looks like the games will keep being altered to the point that it may take years to catch up with the industry, this bill looks to put some rules in play and lets the state benefit from it at the same time”

Sponsors: Representatives Wray and Collins (Primary Sponsors).

A pre-reveal game was put into the market and is rumored not to violate the text of the law after the NC Supreme Court ruled that HB-80 did not violate free speech. While reading the text of HB-80, most legal experts agree that the games steer clear of infringing on what the state has defined as the law.

 

 

See text of HB-547 below

 

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H D
HOUSE DRH80173-RBx-12A (02/01)
Short Title: Tax & Regulate Video Sweepstakes. (Public)
Sponsors: Representatives Wray and Collins (Primary Sponsors).
Referred to:
*DRH80173-RBx-12A*
1 A BILL TO BE ENTITLED
2 AN ACT TO REGULATE AND IMPOSE AN EXCISE TAX ON ELECTRONIC
3 SWEEPSTAKES.
4 The General Assembly of North Carolina enacts:
5 SECTION 1. G.S. 14-306.4 is repealed.
6 SECTION 2. Chapter 143 of the General Statutes is amended by adding a new
7 Article to read:
8 “Article 80.
9 “Regulation of Electronic Sweepstakes.
10 Ҥ 143-750. Citation.
11 This Chapter shall be known and may be cited as the North Carolina Electronic
12 Sweepstakes Act.
13 Ҥ 143-751. Purpose and intent.
14 The General Assembly declares that the purpose of this Chapter is to regulate any electronic
15 sweepstakes that are not otherwise unlawful under applicable State law. Nothing in this Chapter
16 shall be construed to make any conduct lawful that is declared to be unlawful under Article 37
17 of Chapter 14 of the General Statutes or any other provision of law.
18 Ҥ 143-752. Definitions.
19 The following definitions apply in this Article:
20 (1) Department. – The North Carolina Department of Commerce.
21 (2) Electronic sweepstakes device. – A mechanically, electrically, or
22 electronically operated device that is connected to a server through a local
23 network and that is owned, leased, or otherwise possessed by a sweepstakes
24 sponsor or promoter, or any of the sweepstakes sponsor’s or promoter’s
25 partners, affiliates, subsidiaries, or contractors, that is intended to be used by
26 a sweepstakes entrant, that uses energy, and that is capable of displaying
27 sweepstakes results on a screen or other mechanism.
28 (3) Electronic sweepstakes establishment. – A place of business in which an
29 electronic sweepstakes device is operated.
30 (4) Electronic sweepstakes device operator. – A person licensed under this
31 Article to operate or conduct a sweepstakes.
32 (5) Electronic sweepstakes device vendor. – A person licensed under this Article
33 to supply sweepstakes software to a sweepstakes gaming device operator.
34 (6) Enter or entry. – The act or process by which a person becomes eligible to
35 receive any prize offered in a sweepstakes.
H.B. 547
Apr 3, 2013
HOUSE PRINCIPAL CLERKGeneral Assembly of North Carolina Session 2013
Page 2 DRH80173-RBx-12A (02/01)
1 (7) Prize. – Any gift, award, gratuity, good, service, credit, or anything else of
2 value that may be transferred to a person, whether possession of the prize is
3 actually transferred, or placed on an account or other record as evidence of
4 the intent to transfer the prize.
5 (8) Secretary. – The Secretary of the Department of Commerce or the
6 Secretary’s designee.
7 (9) Sweepstakes. – Any game, advertising scheme or plan, or other promotion
8 that, with or without the purchase of any good or service and without
9 separate consideration, a person may enter to win or become eligible to
10 receive any prize, the determination of which is based upon chance and in
11 which there is a finite pool of entries.
12 (10) Sweepstakes software. – A computer program used by a sweepstakes device
13 operator to conduct a sweepstakes.
14 Ҥ 143-753. Powers and duties.
15 The Department shall have the following powers and duties:
16 (1) To administer and enforce the provisions of this Article related to the
17 licensure of electronic sweepstakes devices and electronic sweepstakes
18 establishments.
19 (2) To engage or contract with any independent firm or agency to act as its agent
20 in fulfilling the duties and responsibilities under this Article.
21 (3) To enter into an agreement with the ALE Division to conduct an in-depth
22 background investigation of criminal convictions of applicants and licensees
23 as necessary to ensure compliance with this Article.
24 Ҥ 143-754. Licensure to operate an establishment.
25 (a) License Required. – It shall be unlawful for any person to operate an electronic
26 sweepstakes device or establishment without the license required by this Chapter. A license
27 granted under this Chapter may not be transferred or assigned. The license must be displayed
28 conspicuously in the electronic sweepstakes establishment where the devices are operated, must
29 state the number of devices located at the establishment and any further information required
30 by the Department.
31 (b) Application for License. – To obtain a license required by this Article, an applicant
32 must:
33 (1) File an application with the Department on a form provided by the
34 Department and pay an application fee of two hundred fifty dollars
35 ($250.00). An application must include the applicant’s name, address, federal
36 employer identification number, and any other identifying information
37 required by the Department.
38 (2) State the number of electronic sweepstakes devices to be placed into
39 operation at the electronic sweepstakes establishment. A licensee may apply
40 to amend the license to add additional devices on a form to be provided by
41 the Department.
42 (3) Provide a certificate or report from an authorized independent testing
43 laboratory named in a list maintained by the Department in accordance with
44 G.S. 143-755 that contains the information required by that section.
45 (c) Requirements. – An applicant for a license must meet the following requirements:
46 (1) If the applicant is a corporation, the applicant must either be incorporated in
47 this State or be authorized to transact business in this State.
48 (2) If the applicant for a license is a limited liability company, the applicant
49 must either be organized in this State or be authorized to transact business in
50 this State.General Assembly of North Carolina Session 2013
DRH80173-RBx-12A (02/01) Page 3
1 (3) If the applicant for a license is a limited partnership, the applicant must
2 either be formed in this State or be authorized to transact business in this
3 State.
4 (4) If the applicant for a license is an individual or a general partnership, the
5 applicant must designate an agent for service of process and give the agent’s
6 name and address.
7 (d) Denial. – The Department may investigate an applicant for a license required under
8 this Article to determine whether the information the applicant submits with the application is
9 accurate and whether the applicant is eligible to be licensed under this Article. The Department
10 may refuse to issue a license to an applicant that has done any of the following:
11 (1) Submitted false or misleading information on its application.
12 (2) Had a license issued under this Article cancelled by the Department for
13 cause.
14 (3) Been convicted of a violation of federal gambling laws, or the gambling
15 laws of any state, within five years of the date of the application.
16 (e) Annual Renewal. – An application issued under this section must be renewed on or
17 before July 1 of each year. A renewal application must contain all of the information required
18 for an initial application under subsections (b) and (c) of this section.
19 Ҥ 143-755. Authorized independent testing laboratories.
20 (a) List of Laboratories. – The Department must publish and continuously maintain a
21 list of authorized independent testing laboratories.
22 (b) Verification Required. – An application to operate an electronic sweepstakes device
23 or establishment must have attached to it a certificate or report from an authorized independent
24 testing laboratory that does all of the following for each electronic sweepstakes device listed in
25 the application to be placed into operation at the electronic sweepstakes establishment:
26 (1) Identifies the components of the electronic sweepstakes devices and related
27 systems.
28 (2) Identifies the operational characteristics of the electronic sweepstakes
29 devices and related systems.
30 (3) Verifies that each sweepstakes proposed to be conducted on each device
31 meets all of the following conditions:
32 a. Selects prizes from a pool of entries where the total number of
33 entries, the number of winning and losing entries, and the number
34 and nature of prizes are finite, predetermined, and established prior to
35 the start of the sweepstakes.
36 b. Predetermines all winning and losing entries prior to the start of the
37 sweepstakes.
38 c. Provides free sweepstakes entries to customers upon purchase of a
39 good or service for which a consideration is paid.
40 d. Provides a method of free entry upon request.
41 e. Does not vary the chance of winning between free entries and entries
42 received as a result of a purchase of a good or service.
43 f. Contains no element of skill so that customer has no ability to alter or
44 affect the outcome or results.
45 (4) Verifies that all electronic sweepstakes devices identified in the application
46 as being operational in the electronic sweepstakes establishment use the
47 same entries for each sweepstakes from a pool of entries hosted on a local
48 server in the electronic sweepstakes establishment.
49 Ҥ 143-756. Licensure to supply software.
50 No person, personally or through the person’s agent, shall supply sweepstakes software to a
51 sweepstakes gaming device operator without first obtaining a license from the Department. The General Assembly of North Carolina Session 2013
Page 4 DRH80173-RBx-12A (02/01)
1 application for a sweepstakes gaming device vendor license shall be on forms prescribed by the
2 Department and shall contain at least the following information:
3 (1) The full legal name of the sweepstakes gaming device vendor and required
4 contact information, including address, telephone number, federal tax
5 identification number, and contact person.
6 (2) A certificate or report that meets the requirements of G.S. 143-755.
7 Ҥ 143-757. Regulation of electronic sweepstakes establishments.
8 (a) Scope. – This Article authorizes only the operation of server-based electronic
9 sweepstakes devices that associate a prize with an entry or entries from a predetermined finite
10 pool of winning and losing entries at the time the sweepstakes is entered.
11 (b) Prohibitions. – A person may not do any the following:
12 (1) Intentionally design, promote, or conduct a sweepstakes in which a specific
13 individual, location, or electronic sweepstakes device may be predetermined
14 as a winner or the sweepstakes software may be manipulated or rigged so as
15 to do either of the following:
16 a. Allocate a winning sweepstakes or any portion thereof to certain
17 lessees, agents, or franchisees.
18 b. Allocate a winning sweepstakes or part thereof to a particular period
19 of the sweepstakes or to a particular geographic area.
20 (2) Willfully remove, disqualify, disallow, modify, or reject any entry other than
21 for failure by the entrant to comply with the rules of the sweepstakes.
22 (3) Willfully fail to award prizes offered other than for failure by the entrant to
23 comply with the rules of the sweepstakes or award or advertise prizes other
24 than those which have been properly announced under this section.
25 (4) Willfully print, publish, or circulate literature or advertisements for a
26 sweepstakes that is false, intentionally deceptive, or intentionally
27 misleading.
28 (5) Knowingly require the participant in a sweepstakes to pay more than fair
29 market value for the item, product, or service which entitles a participant to
30 enter a sweepstakes.
31 (6) Operate a sweepstakes game which does not have a finite number of entries.
32 (7) Fail to offer and provide a free method of entry for any sweepstakes for
33 which the chance of winning is the same as other entries received with the
34 purchase of a product or service.
35 (8) Fail to display the license required under this Article and the sweepstakes
36 software certification in a public and conspicuous place at the location in
37 which the sweepstakes takes place.
38 (c) Signage Requirements. – A licensee must comply with the following signage
39 requirements:
40 (1) Exterior of premises. – Exterior signage shall be limited to the advertisement
41 of the consumer product and/or service sold on the premises and that a
42 sweepstakes promotion is offered. No signs shall be posted on the exterior of
43 the premises that suggest gambling takes place on the premises or display
44 any image commonly associated with slot machines.
45 (2) Interior premises. – The operator shall conspicuously post in the interior of
46 the premises the following:
47 a. All consumer products or services offered for sale shall be identified
48 by the description and price by conspicuous posting.
49 b. Complete rules for all sweepstakes promotions shall be posted at the
50 premises’ front or main counter, and a complete copy of the rules, General Assembly of North Carolina Session 2013
DRH80173-RBx-12A (02/01) Page 5
1 prize tables, and odds of winning shall be made available on request
2 without cost.
3 (3) Before a consumer may reveal an entry with the use of a sweepstakes
4 gaming device, a sweepstakes gaming device operator shall cause to be
5 displayed on the sweepstakes gaming device in at least a font size of 14 the
6 following which shall be affirmatively acknowledged by the consumer:
7 “YOU HAVE ENTERED A SWEEPSTAKES GAME THAT IS
8 PREDETERMINED. YOU CANNOT CHANGE THE OUTCOME BY
9 PLAYING THE GAMES. THIS IS NOT GAMBLING. SWEEPSTAKES
10 ENTRIES CAN BE OPENED IN ANY OF THE GAMES.”
11 (d) Limitations. – A sweepstakes gaming device operator may not do any of the
12 following:
13 (1) Be issued an ABC permit that authorizes the retail sale of alcoholic
14 beverages for consumption on the premises of any location in which a
15 sweepstakes licensed under this Article takes place.
16 (2) Permit an individual under 18 years of age to enter or be employed at a
17 facility operated by the sweepstakes gaming device operator for
18 sweepstakes.
19 (3) Offer or pay out anyone a single prize with a value of more than ten
20 thousand dollars ($10,000).
21 (4) Cause the sweepstakes results to be located other than on a server that is at
22 the location in which the sweepstakes takes place.
23 (e) Supply List of Winners. – Within 60 days after the winners have been determined,
24 an electronic sweepstakes gaming device operator shall provide the Department of Revenue
25 with a certified list of the names and addresses of all persons who have won prizes with a value
26 of more than one thousand dollars ($1,000), the value of the prizes, and the dates when the
27 prizes were won.
28 Ҥ 143-758. Reasons why Secretary may cancel a license.
29 (a) Reasons. – The Secretary may cancel a license issued under this Article upon a
30 written request of the person who holds the license. In addition, the Secretary may cancel the
31 license of a person that commits one or more of the following acts after holding a hearing on
32 whether the license should be cancelled:
33 (1) Fails to obtain a license required by this Article.
34 (2) Makes a false statement in an application required by this Article.
35 (3) Willfully fails to file a tax return required by Article 2E of Chapter 105 of
36 the General Statutes.
37 (4) Willfully fails to pay a tax when due under Article 2E of Chapter 105 of the
38 General Statutes.
39 (5) Willfully violates G.S. 143-757.
40 (b) Procedure. – The Secretary must give a person whose license may be cancelled
41 under subsection (a) of this section at least 90 days written notice of the date, time, and place of
42 the hearing. The notice of a hearing on a proposed license cancellation must be sent by
43 registered mail to the last known address of the license holder. The Secretary must dismiss the
44 notice of proposed cancellation and the hearing upon evidence that the person has cured the act
45 that was the basis for the notice of cancellation.
46 All hearings held under this Article are open to the public. Parties to a hearing may be
47 represented by legal counsel and must be given an opportunity to cross-examine witnesses and
48 to submit rebuttal evidence. If the Secretary finds that the person did not commit the act that
49 was the basis for the notice of cancellation, the Secretary must dismiss the notice of proposed
50 cancellation. If the Secretary finds that the person did commit the act that was the basis for the
51 notice of cancellation, the Secretary must cancel the person’s license. The Secretary must General Assembly of North Carolina Session 2013
Page 6 DRH80173-RBx-12A (02/01)
1 cancel the license of a person who fails to attend a scheduled hearing without prior notice to the
2 Secretary. The Secretary must either dismiss the notice of cancellation or cancel the license
3 within 10 days after the hearing.
4 (c) Appeal. – A person whose license is cancelled under this section may obtain judicial
5 review of the hearing decision. A petition for review must be filed in the superior court of the
6 county holding jurisdiction over the license holder within 30 days after the license is cancelled
7 in accordance with this section. A person who fails to file a petition within the required time
8 waives the right to judicial review. For good cause shown, however, the superior court may
9 accept an untimely petition.
10 Ҥ 143-759. Enforcement; penalties.
11 (a) Enforcement. – The Department or any law enforcement agency may investigate
12 and inspect sweepstakes operations in this State and take any other necessary and reasonable
13 action to determine if a violation of any provision of this Article has occurred.
14 (b) Penalty. – Unless a greater penalty is otherwise provided by law for conduct that is
15 also a violation of this Article, the following penalties apply:
16 (1) A person operating an electronic sweepstakes without a license is guilty of a
17 Class 2 misdemeanor is subject to a minimum fine of twenty-five thousand
18 dollars ($25,000) and a maximum fine of one hundred thousand dollars
19 ($100,000) and is barred from obtaining a license under this Article.
20 (2) A person who willfully violates any other provision of this Article is subject
21 to a civil penalty with a minimum fine of five hundred dollars ($500.00) and
22 a maximum fine of ten thousand dollars ($10,000).”
23 SECTION 3.(a) Chapter 105 of the General Statutes is amended by adding a new
24 article to read:
25 “Article 2E.
26 “Electronic Sweepstakes.
27 Ҥ 105-113.120. Purpose; administration; definitions.
28 (a) Purpose. – The taxes imposed in this Article are to provide revenue for the use of
29 the State government.
30 (b) Administration. – Article 9 of this Chapter applies to this Article.
31 (c) Definitions. – The following definitions apply in this Article:
32 (1) Enter or entry. – Defined in G.S. 143-752.
33 (2) Electronic sweepstakes device. – Defined in G.S. 143-752.
34 (3) Electronic sweepstakes establishment. – Defined in G.S. 143-752.
35 (4) Prize. – Defined in G.S. 143-752.
36 (5) Sweepstakes. – Defined in G.S. 143-752.
37 Ҥ 105-113.121. Excise tax on electronic sweepstakes establishments and devices.
38 (a) Excise Tax. – An excise tax is levied on each electronic sweepstakes establishment
39 operating in this State as follows:
40 (1) A rate per electronic sweepstakes establishment.
41 (2) A rate per electronic sweepstakes device.
42 (3) A rate on gross receipts.
43 (b) Rate per Establishment. – An annual excise tax at the rate of two thousand dollars
44 ($2,000) is levied on an electronic sweepstakes establishment. The amount due is payable by
45 January 1 of each year. The full amount of the tax applies to an establishment that operates
46 during any portion of a calendar year.
47 (c) Rate per Device. – An annual excise tax at the rate of one thousand dollars ($1,000)
48 is levied on each electronic sweepstakes device operated in an electronic sweepstakes
49 establishment. The amount due is payable by January 1 of each year. The full amount of tax
50 applies to an electronic sweepstakes device that operates during any portion of a calendar year.
51 The Secretary must issue stamps to affix to each electronic sweepstakes device to indicate General Assembly of North Carolina Session 2013
DRH80173-RBx-12A (02/01) Page 7
1 payment as required by this Article. The stamp must be displayed conspicuously on the
2 electronic sweepstakes device, and it must clearly indicate the year for which the tax is paid.
3 Upon payment of the tax, the Secretary shall issue a stamp for each electronic sweepstakes
4 device for which payment is received.
5 (d) Gross Receipts. – An annual excise tax of four percent (4%) of the taxable gross
6 receipts from operating an electronic sweepstakes device is levied on each electronic
7 sweepstakes establishment. The amount due is payable quarterly or monthly in accordance with
8 the schedule and requirements that apply to payments of sales and use tax under
9 G.S. 105-164.16. A return is due quarterly. A quarterly return covers a calendar quarter and is
10 due by the last day of the month that follows the quarter covered by the return. For purposes of
11 this subsection, taxable gross receipts are the gross receipts derived by the establishment that
12 result in a person’s eligibility to operate a sweepstakes device at the establishment to determine
13 whether the person has won a sweepstakes prize, less the amount of any prizes transferred to a
14 sweepstakes entrant. The return must include the taxpayer’s gross receipts from operating one
15 or more electronic sweepstakes or devices during the reporting period and the prizes awarded
16 during this period to a sweepstakes entrant.
17 (e) Report and Payment. – A person who operates an electronic sweepstakes
18 establishment must report the taxes payable under this section in the form required by the
19 Secretary. The return must include the address where the electronic sweepstakes or devices are
20 located and whether the location is within the corporate limits of a municipality.
21 Notwithstanding any other provision of law, the person is not required to give identifying
22 information on the return, and the return is not required to be verified by oath or affirmation.
23 The tax is due when the return is filed. Taxes may be paid and stamps may be issued either by
24 mail or in person.
25 Ҥ 105-113.122. Local tax.
26 (a) Authorization. – A county or city may, by resolution or ordinance respectively,
27 impose an excise tax as allowed under this section on each electronic sweepstakes
28 establishment located in that county or city. A county or city may not impose an excise tax or a
29 license, franchise, or privilege tax on a person operating an electronic sweepstakes
30 establishment except as provided in this section. This taxing authority replaces any prior
31 authority that cities may have asserted to tax electronic sweepstakes establishments under
32 G.S. 160A-211.
33 (b) Rate per Establishment. – A county or city may impose an annual excise tax at the
34 rate of one thousand dollars ($1,000) on each electronic sweepstakes establishment located in
35 that jurisdiction. The amount due is payable by January 1 of each year. The full amount of tax
36 applies to an establishment that operates during any portion of a calendar year.
37 (c) Rate per Device. – A county or city may impose an annual excise tax at the rate of
38 five hundred dollars ($500.00) on each electronic sweepstakes device operated in an electronic
39 sweepstakes establishment located in that jurisdiction. The amount due is payable by January 1
40 of each year. The full amount of tax applies to an electronic sweepstakes device operated
41 during any portion of the calendar year.
42 (d) Administration. – Upon adoption of a resolution or ordinance levying the taxes
43 allowed under this section, the governing body of the county or city must immediately deliver a
44 certified copy of the resolution or ordinance to the Secretary. Upon receipt of the document, the
45 Secretary shall collect and administer the tax in the same manner as the taxes imposed under
46 G.S. 105-113.121. The Secretary must distribute the local revenues collected to the county or
47 city for which the taxes are collected by March 31 of each year.
48 (e) Use of Funds. – Funds distributed by the Secretary to a city under this section may
49 be used for any public purpose.General Assembly of North Carolina Session 2013
Page 8 DRH80173-RBx-12A (02/01)
1 (f) Penalty and Collection. – The penalty and collection provisions allowed under
2 Article 9 of this Chapter apply to taxes levied under the authority of this section in the same
3 manner and to the same extent as they apply to taxes levied by the State under this Article.
4 (g) Nature. – The General Assembly finds that the revenue distributed under this
5 section is local revenue, not a State expenditure, for the purpose of Section 5(3) of Article III of
6 the North Carolina Constitution and may not be reduced or withheld by the Governor.
7 Ҥ 105-113.123. Applicability; illegal activity.
8 Applicability. – This Article is applicable to any electronic sweepstakes device without
9 regard to any of the following:
10 (1) How the device is activated.
11 (2) How the device is programmed for operation.
12 (3) How the device determines and associates the prize with an entry or entries
13 at the time the sweepstakes is entered.”
14 SECTION 3.(b) G.S. 160A-211 is amended by adding a new subsection to read:
15 “(b1) Electronic Sweepstakes Restriction. – A city may not impose an excise tax or a
16 license, franchise, or privilege tax on a person operating an electronic sweepstakes
17 establishment except as provided in G.S. 105-113.124.”
18 SECTION 4.(a) The Secretary of Commerce must publish a list of authorized
19 independent testing laboratories, as required under G.S. 143-755, as enacted by this act, within
20 14 days after this act becomes law.
21 SECTION 4.(b) A person may submit an application for licensure under
22 G.S. 143-754, as enacted by this act, before September 1, 2013, without the certificate or report
23 required under G.S. 143-754(b)(3). The Secretary may grant a temporary license to an applicant
24 who submitted an application on or before September 1, 2013, without the certificate or report.
25 The temporary license issued pursuant to this subsection is valid through September 30, 2013.
26 To obtain a permanent license, a licensee must submit the required certificate or report to the
27 Secretary on or before September 30, 2013. All applications for a license submitted on or after
28 September 1, 2013, must include the required certificate or report.
29 SECTION 5. G.S. 105-113.125, as enacted by Section 3(a) of this act and Section
30 3(b) of this act, becomes effective January 1, 2014, and applies to an electronic sweepstakes
31 establishment and to an electronic sweepstakes device operated in this State on or after that
32 date. The remainder of this act is effective when it becomes law and applies to an electronic
33 sweepstakes establishment and to an electronic sweepstakes device operated in this State on or
34 after that date.

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Sweepstakes Ban Uncertain, High Point Creates Zoning Restrictions

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If video sweepstakes facilities are able to make a return in spite of a state ban, they will not be allowed particular parts of High Point.

1-877-WIN-CAFE Sweepstakes Players

The City Council on Monday used content modifications to the zoning regulation that ban sweepstakes operations from the Uptowne and Washington Street areas.

The council for months debated whether to impose the regulations, which were requested by The City Project, the city-funded non-profit company working to rejuvenate both of these areas and various other parts of the core city.

The council accepted the amendments 5-4, with council members Jim Davis, Jeff Golden, Britt Moore, Jay Wagner and Mayor Bernita Sims ballot in favor. Ballot in opposition were council members Foster Douglas, Jason Ewing, Judy Mendenhall and Becky Smothers.

Many sweepstakes facilities have actually enclosed recent weeks as law enforcement has actually begun enforcing the state restriction, which transpired on the grounds that the businesses amount to illegal gambling operations. Some areas are apparently trying to remain effective by altering the sorts of machines that patrons the use of at their businesses in order that they’re in conformity with state law.

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Temporary Restraining Order Issued In North Carolina Sweepstakes Cafe Case

Neighborhood police in Bladen Region have started inspecting Internet gaming/sweepstakes establishments for compliance

Players at Patel’s Sweeps Shack on Freedom dr

with the legislation that resulted on Jan. 3, thanks to a N.C. High court judgment in December.

Owners of video gaming establishments have been wrangling with state officials over the new law in the state’s judicial system since its adoption by the N.C. General Assembly.

Local agencies have actually gotten a letter from District Attorney Jon David that overviews them in the enforcement of N.C. General Statute 14-306.4, which makes Internet sweepstakes-type video games prohibited to have.

David held a meeting with law enforcement agencies in the 13th Prosecutorial District which includes Bladen, Brunswick and Columbus counties.

“I went to the meeting that took place on Tuesday,” pointed out Elizabethtown Police Chief Bobby Kinlaw. “Our position is we are going to any companies that have these kind of machines that are in question. If any machines are operating or found in any of these companies, we will open up an examination, and if it is established they are operating unlawfully, enforcement activity will be taken.”.

David echoes Kinlaw’s views. “The Legislature’s task is to define the law, the Courts’ task is to interpret the law, and it is the part of Law Enforcement to impose the law. The law altered effective Jan. 3, 2013 and continuing police force will certainly check out and we will prosecute lawful infractions,” claimed David.

“We have actually begun examining for transgressions,” claimed Kinlaw. “Just like with every other criminal activity, they need to be explored to identify if a crime has developed.”.

Capt. Rodney Hester with the Bladen County Sheriff’s Department claimed, “We are intending to visit each business and give the owner/manager a content of the letter from District Attorney Jon David. If they continuously operate the company and are found to be in violation, then they will be charged baseding on G.S. 14-306.4.”.

Kinlaw added that, under the new law, merely merely possessing particular sorts of machines is now unlawful. He said that, so far, his officers have not run into any type of problems as they inspect local establishments for observance with the new law.

The U. S. Supreme Court refused to grant a demand from the owners of the video gaming establishments asking that they be permitted to remain open while the owners attract the U.S. Supreme Court, according to states.

According to states, on Wednesday, Dec. 19, a judge denied the demand to prolong the closings. The owners of the games were looking for the hold-up to permit them time to see if the U.S. Supreme Court would certainly consider the sector’s argument that the forced closures violate free speech.

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NC Sweepstakes Cafes Feel Pressure To Find Compliant Software

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For Garysburg resident Pearl Holley, the Gaston Cyber Center is more than simply an Internet sweepstakes company.
wp9“It’s a spot where I can relax,” Holley, who is retired, stated.
“I take pleasure in coming right here. It’s something to do, and if it closed, I have no idea what I would do.”.
Gaston Cyber Center Manager Stacy Sykes pointed out the establishment sees a reasonable lot of steady-regular clients, several of who come from Virginia to play the machines and to enjoy the business.
“It’s not regarding the gambling at all,” Sykes claimed.
We enjoy it and it’s unwinding. I look after them, offer them beverages and meals, and look out for them.”.
Sykes stated she adores the possibility to develop connections at her job, and Holley pointed out while she appreciates the machines and the game play– also after the Jan. 3 alterations to the software which have actually permitted such companies to survive the Dec. 14 North Carolina Supreme Court ban on Internet sweepstakes– she truly comes for more than that.
“It’s the business,” Holley said.
“I hope they do not close this spot down.”.

If Gov. Pat McCrory gets his way, the Gaston Cyber Center, together with numerous other Internet sweepstakes companies in the Roanoke Valley, featuring four in Roanoke Rapids alone, will be obliged to close and dismiss their employees, which balance bent on around 6 per place.
The Royal Palace Theatre will stand for the most significant task loss, with 24 full-time workers currently working at the facility.
“You’re conversing about double-digit job reduction,” stated Roanoke Rapids City Manager Joseph Scherer.
“Between reduction of profits and loss of tasks, we would be losing a bit, and you do not like to see any jobs leave the city. Those are not conveniently composed.”.
City profits reduction.
Those shed incomes, baseding on numbers supplied by Roanoke Rapids Tax Collector Lori Jones, are sizable.
There are four Internet sweepstakes companies in Roanoke Rapids, each adding charges each machine.
The Carolina Cyber Center, on East 10th Street, has 23 machines, totaling up to costs of $ 20,000. H&L Business Center, near Big Lots, has 78 machines, totaling up to $ 75,000 in costs. S&G Internet Cafe, on Premier Boulevard, pays $ 37,000 for its 40 machines, and The Royal Palace Theatre pays the city the max price of $ 80,000 for its Internet sweepstakes business.
This means, in the city alone, the income shed would exceed $ 200,000 a year.
In Gaston, shed costs would certainly likewise be excessive, with a total amount of 12 workers dropped and each company paying $ 2,000 for the very first five machines and $ 500 every machine past five being lost each year, according to Town Clerk Angela Easter.
Internet sweepstakes operations exist in both Halifax and Northampton counties, but only towns accumulate these types of fees, Halifax County Manager Tony Brown claimed.
“The urban areas have the capability to charge every machine, but we can’t do that in the county,” Brown pointed out. “So if they close, it will affect the cities more compared to the counties. We didn’t acquire considerably from it, so we won’t shed considerably from it.”.
Governor’s sight.
Gov. McCrory has actually made his feelings on Internet sweepstakes understood incredibly plainly. In a meeting with WTVD-ABC TELEVISION in Raleigh, McCrory claimed he didn’t wish to see such businesses continue and the software modifications they’ve utilized to stay in business are merely “loopholes.”.
“I think it’s visiting be taken another look at no matter due to the fact that of all of the lawful handling and interpretations that these whats obtain repealed based upon a new interpretation,” said McCrory.
“This is acquiring ludicrous at this moment. I’m visiting have discussions with management of the state house on this problem in the around future.”.
Exactly what McCrory really isn’t seeing, Holley said, is just what lies beyond those screaming about the immorality of the sweepstakes company.
“Nobody is obliging me to drop my money,” Holley pointed out. “If you’re going to fuss about it, stay at home. I appreciate myself when I obtain up outdoor and come below.”.

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