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§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.
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