February 26, 1980
Subject:
Lotteries, Bingo; Informal Organization Conducting Games
Requested By:
William L. Hill, III Attorney for New Hanover County School Board
Question:
May an informal organization such as a Parent Teachers Organization (not an affiliate of a national or statewide PTA) or a Band Booster Club, conduct bingo games pursuant to G.S. 14-292.1(1), where the total value of all Prizes in cash or merchandise exceeds ten dollars ($10.00) and in which the prize per individual bingo game does not exceed a value of ten dollars ($10.00)?
Conclusion:
Yes.
Subsection (1) of G.S. § 14-292.1 reads as follows:
"(1) Nothing in this Article except subsection (k) of this section shall apply to bingo games when the only prize given is ten dollars ($10.00) or less or merchandise that is not redeemable for cash and that has a value of ten dollars ($10.00) or less. G.S. 18A-30(9) and 18A-35(h) shall apply to such games. (1979, c. 893, s. 2)"
Subsection (1) defines the kind of bingo games to which G.S. § 14-292.1 subsection (a) through (j) and the remainder of Article 37 of Chapter 14 of the General States, do not apply. Therefore, any individual or group, without regard to its tax exempt status, may operate a bingo game in which the prize is ten dollars ($10.00) or less in value.
It is the opinion of the Attorney General that the North Carolina Legislature intended to limit the prize to ten dollars ($10.00) or less per each individual bingo game. It is clear that the legislature intended to exempt bingo games with small prize values in comparison with the maximum prize values per individual game allowed by subsection (g) of G.S. § 14-292.1. If the legislature intended to limit the aggregate amount of prizes to be given in a single session of several bingo games, it would have done so by specifically stating this in its definition of bingo games to which subsection (1) applies, as was done in subsection (g). Further, the phrase "the only prize given" in subsection (1) applies to an individual bingo game. In a session of bingo usually several individual bingo games are played. It is reasonable to assume that the legislature was aware of this usual characteristic of a session of bingo.
Hence, any organization (formal or informal) without regard to its tax exempt status, or individual, is allowed to conduct bingo games as long as the prize is ten dollars ($10.00) or less in value for each individual bingo game played during a session.
Rufus L. Edmisten Attorney General
Acie L. Ward Assistant Attorney General