[Previous] [Next]

§3A-426.


§3A-426.
   
   A. On and after January 1, 1993, any bingo faces, U-PIK-EM bingo game
   sets, or breakopen ticket cards that are not purchased from a licensed
   distributor are declared to be contraband, unless such items are:
   
   1. Purchased by an exempt organization, exempt hospital, nursing home,
   residential care facility, senior citizens' center, retirement center
   or convalescent facility;
   
   2. Purchased by a federally recognized Indian tribe or nation; or
   
   3. Sold or given by a licensed organization to another licensed
   organization, an exempt organization, or exempt hospital, nursing
   home, residential care facility, senior citizens' center, retirement
   center or convalescent facility, if written permission is obtained
   from the Director of the ABLE Commission and proper notification is
   given to the Oklahoma Tax Commission.
   
   B. On and after January 1, 1993, any bingo faces, U-PIK-EM bingo game
   sets, or breakopen ticket cards sold or offered for sale by a business
   entity which is not a licensed distributor is declared to be
   contraband.
   
   C. Any bingo faces, U-PIK-EM bingo game sets, or breakopen ticket
   cards which were not in the possession of an organization or business
   entity on December 31, 1992, on which the taxes have not been paid are
   declared to be contraband unless the items are being transported
   through this state from another state to be sold or distributed in
   another state.
   
   D. On and after January 1, 1993, any bingo faces, U-PIK-EM bingo game
   sets, or breakopen ticket cards in the possession of an organization
   or business entity which has not been licensed or obtained an
   exemption pursuant to the Oklahoma Charity Games Act, Section 401 et
   seq. of this title, shall be declared contraband.
   
   E. Such contraband shall be subject to confiscation, forfeiture, and
   destruction in the following manner:
   
   1. The Commission, its agent, or the district attorney of the county
   wherein the alleged contraband is located shall seize any such item
   and maintain it for safekeeping pending a final adjudication of the
   legality of the sale or purchase;
   
   2. The Commission, its agent, or the district attorney seizing the
   alleged contraband shall apply to the district court for an order
   forfeiting the alleged contraband and directing its destruction;
   
   3. The court clerk shall give the owner of the alleged contraband
   fourteen (14) calendar days' written notice of the hearing on the
   request for the order for destruction; and
   
   4. Upon obtaining an order from the court ordering destruction, the
   Commission or the district attorney shall destroy the contraband in
   the manner they deem most appropriate.
   

[Previous] [Next]