With state-approved charitable bingo still about two months away, Lonoke’s Eagle-Lilly American Legion Post 200 apparently could not wait for the regulations to be written and has gone ahead with games after being closed down six years ago.
“We should not have been shut down in the first place,” Frank Howell, the post member running the bingo games, said.
The post is registered with the state, through the city, to conduct the games, and Howell said permission had been gained from Mayor Wayne McGee and Chief of Police Mike Wilson about two months earlier.
“We wouldn’t be open otherwise,” said Howell.
Some members of the city council had also been contacted, he said.
“I’d appreciate it if you would just forget about it,” Howell told a reporter Tuesday.
McGee, contacted on Wednesday, said he had known the post was putting on the games.
“I knew that [Amendment 1] had passed, I thought it was all legal,” the mayor said. “[Howell] told me he had all the paperwork filed, so I had no problem with it. I’ll take responsibility for that. I didn’t know it was not legal until July [31].”
McGee said he had been in contact Prosecuting Attorney Lona McCastlain and the state attorney general’s office to learn the details.
“I called [Howell] and told him that until he could meet all the requirements, he was shut down,” he said.
The police chief, also contacted Wednesday, said he had not given permission for the American Legion post to conduct the bingo games.
“I can’t give permission for anything like that, that’s something the city has to do, not me,” Wilson said.
McGee was out of town Wednesday on a family emergency and didn’t return a message before press time.
Howell also said Tuesday that McCastlain, “didn’t have no problem with it .� She’s got more to worry about with dope dealers and rape, than to worry about old women playing bingo,” he said. “But she did say if the city busts us, she’d have to prosecute. Other than that, she could care less.”
McCastlain on Wednesday said she had not spoken with Howell about bingo and that his statement did not reflect her view.
“If it is illegal, I will prosecute,” she said.
Constitutional Amendment 1 was approved by voters in the 2006 general election. The amendment, placed on the ballot by the 2005 Legislature, allows charitable organizations in existence for at least five years to conduct bingo games and raffles. Religious, educational, veterans, fraternal, service, civic, medical, volunteer rescue service, volunteer firefighter organizations or volunteer police organizations would qualify to have bingo games. Proceeds from a raffle or bingo can be used only for charitable, religious or philanthropic purposes.
While the amendment went into effect Jan. 1, 2007, there was a delay in the start of gaming because laws written during the recent legislative session that concern the licensure, regulation and taxation of bingo and raffles don’t go into effect until July 31.
It will take a long time for the Legion post to build its bingo attendance back up, Howell said.
“We should have never been shut down in the first place,” he insisted.
That happened in 1999 when former Police Chief Charles Peckat warned the post anyone operating the game would be arrested.
Closing the bingo operation was simply a ploy by Peckat in his unsuccessful run for sheriff, Howell said.
The American Legion post had operated bingo games for 20 years before that and “nobody said anything then,” Howell said.
“We had put more than $250,000 back into the community,” he claimed. “It helps the senior citizens, the elderly, veterans and children. That’s what it’s for.”
Howell questioned why any attention is being paid to the American Legion games.
“Why us? Everybody in the state is doing it .� Nobody is bothering them,” he said.
Queries to the Attorney General’s office were referred to Robert Bushmiaer, manager of the Miscellaneous Tax Section of the state Revenue Department. Preparing the guidelines, forms, procedures and other details of implementing the new law has fallen to the Bushmiaer’s section.
Though he has heard that many groups apparently are not waiting and are operating games anyway, his authority does not extend to enforcement, said Bushmiaer.
“That’s up to the local authorities,” he said.
The new law will go into effect July 31, Bushmiaer said, and registration for bingo operations should begin in two to three weeks.
Once the guidelines are ready, they will be published on the DFA Web site, said Bushmiaer.
Under the new law, the tax division will monitor the operation of bingo games, Bushmiaer said. There will be a three-tier system, with licensing of manufacturers of gaming equipment; the suppliers, sellers of bingo equipment and supplies; and the charitable organizations, he said.
A tax of 1 cent per game face, or bingo card, will be levied, said Bushmiaer. The tax will be charged to the suppliers, with that cost likely passed on to the organizations.
“We should not have been shut down in the first place,” Frank Howell, the post member running the bingo games, said.
The post is registered with the state, through the city, to conduct the games, and Howell said permission had been gained from Mayor Wayne McGee and Chief of Police Mike Wilson about two months earlier.
“We wouldn’t be open otherwise,” said Howell.
Some members of the city council had also been contacted, he said.
“I’d appreciate it if you would just forget about it,” Howell told a reporter Tuesday.
McGee, contacted on Wednesday, said he had known the post was putting on the games.
“I knew that [Amendment 1] had passed, I thought it was all legal,” the mayor said. “[Howell] told me he had all the paperwork filed, so I had no problem with it. I’ll take responsibility for that. I didn’t know it was not legal until July [31].”
McGee said he had been in contact Prosecuting Attorney Lona McCastlain and the state attorney general’s office to learn the details.
“I called [Howell] and told him that until he could meet all the requirements, he was shut down,” he said.
The police chief, also contacted Wednesday, said he had not given permission for the American Legion post to conduct the bingo games.
“I can’t give permission for anything like that, that’s something the city has to do, not me,” Wilson said.
McGee was out of town Wednesday on a family emergency and didn’t return a message before press time.
Howell also said Tuesday that McCastlain, “didn’t have no problem with it .� She’s got more to worry about with dope dealers and rape, than to worry about old women playing bingo,” he said. “But she did say if the city busts us, she’d have to prosecute. Other than that, she could care less.”
McCastlain on Wednesday said she had not spoken with Howell about bingo and that his statement did not reflect her view.
“If it is illegal, I will prosecute,” she said.
Constitutional Amendment 1 was approved by voters in the 2006 general election. The amendment, placed on the ballot by the 2005 Legislature, allows charitable organizations in existence for at least five years to conduct bingo games and raffles. Religious, educational, veterans, fraternal, service, civic, medical, volunteer rescue service, volunteer firefighter organizations or volunteer police organizations would qualify to have bingo games. Proceeds from a raffle or bingo can be used only for charitable, religious or philanthropic purposes.
While the amendment went into effect Jan. 1, 2007, there was a delay in the start of gaming because laws written during the recent legislative session that concern the licensure, regulation and taxation of bingo and raffles don’t go into effect until July 31.
It will take a long time for the Legion post to build its bingo attendance back up, Howell said.
“We should have never been shut down in the first place,” he insisted.
That happened in 1999 when former Police Chief Charles Peckat warned the post anyone operating the game would be arrested.
Closing the bingo operation was simply a ploy by Peckat in his unsuccessful run for sheriff, Howell said.
The American Legion post had operated bingo games for 20 years before that and “nobody said anything then,” Howell said.
“We had put more than $250,000 back into the community,” he claimed. “It helps the senior citizens, the elderly, veterans and children. That’s what it’s for.”
Howell questioned why any attention is being paid to the American Legion games.
“Why us? Everybody in the state is doing it .� Nobody is bothering them,” he said.
Queries to the Attorney General’s office were referred to Robert Bushmiaer, manager of the Miscellaneous Tax Section of the state Revenue Department. Preparing the guidelines, forms, procedures and other details of implementing the new law has fallen to the Bushmiaer’s section.
Though he has heard that many groups apparently are not waiting and are operating games anyway, his authority does not extend to enforcement, said Bushmiaer.
“That’s up to the local authorities,” he said.
The new law will go into effect July 31, Bushmiaer said, and registration for bingo operations should begin in two to three weeks.
Once the guidelines are ready, they will be published on the DFA Web site, said Bushmiaer.
Under the new law, the tax division will monitor the operation of bingo games, Bushmiaer said. There will be a three-tier system, with licensing of manufacturers of gaming equipment; the suppliers, sellers of bingo equipment and supplies; and the charitable organizations, he said.
A tax of 1 cent per game face, or bingo card, will be levied, said Bushmiaer. The tax will be charged to the suppliers, with that cost likely passed on to the organizations.
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