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Question 1 of 30
1. Question
Consider a licensed establishment in Boise, Idaho, that holds a valid liquor license for on-premises consumption. The establishment installs several “redemption games” where patrons pay to play, and winning tickets can be exchanged for merchandise of varying retail values from a prize counter. If these games are determined by the Idaho State Liquor Division to involve a significant element of chance rather than predominantly skill, what is the direct legal consequence for the establishment’s liquor license according to Idaho Code §23-201?
Correct
Idaho law, specifically under Idaho Code Title 23, Chapter 2, governs alcoholic beverage control and related activities, including certain forms of gaming or amusement devices that may be permitted in conjunction with the sale of alcohol. The Idaho State Liquor Division is the primary regulatory body. While Idaho does not permit traditional casino-style gambling, it allows for certain types of amusement devices, often referred to as “skill games” or “redemption games,” under specific licensing and operational parameters. These devices are distinct from pure chance games. The definition of what constitutes a prohibited gambling device versus a permitted amusement device hinges on the degree of skill involved and whether the primary purpose is amusement or the winning of money or property. Idaho Code §23-201 prohibits the sale of alcoholic beverages to be consumed on the premises where gambling is conducted. Furthermore, Idaho Code §23-201(1) specifically states that no license shall be issued for any premises where gambling is permitted. This prohibition extends to any establishment licensed to sell liquor. Therefore, any premises holding an Idaho liquor license is prohibited from hosting gambling activities. The distinction between skill-based amusement devices and illegal gambling is critical for licensed establishments. The Idaho Legislature has, at times, grappled with the definition and regulation of these devices, often requiring that the outcome be predominantly determined by the player’s skill rather than chance, and that any prizes awarded are of nominal value and not directly exchangeable for cash or other valuable consideration, to avoid falling under the definition of prohibited gambling. The core principle is to separate the sale of alcohol from activities that constitute gambling under Idaho law.
Incorrect
Idaho law, specifically under Idaho Code Title 23, Chapter 2, governs alcoholic beverage control and related activities, including certain forms of gaming or amusement devices that may be permitted in conjunction with the sale of alcohol. The Idaho State Liquor Division is the primary regulatory body. While Idaho does not permit traditional casino-style gambling, it allows for certain types of amusement devices, often referred to as “skill games” or “redemption games,” under specific licensing and operational parameters. These devices are distinct from pure chance games. The definition of what constitutes a prohibited gambling device versus a permitted amusement device hinges on the degree of skill involved and whether the primary purpose is amusement or the winning of money or property. Idaho Code §23-201 prohibits the sale of alcoholic beverages to be consumed on the premises where gambling is conducted. Furthermore, Idaho Code §23-201(1) specifically states that no license shall be issued for any premises where gambling is permitted. This prohibition extends to any establishment licensed to sell liquor. Therefore, any premises holding an Idaho liquor license is prohibited from hosting gambling activities. The distinction between skill-based amusement devices and illegal gambling is critical for licensed establishments. The Idaho Legislature has, at times, grappled with the definition and regulation of these devices, often requiring that the outcome be predominantly determined by the player’s skill rather than chance, and that any prizes awarded are of nominal value and not directly exchangeable for cash or other valuable consideration, to avoid falling under the definition of prohibited gambling. The core principle is to separate the sale of alcohol from activities that constitute gambling under Idaho law.
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Question 2 of 30
2. Question
Consider an applicant seeking to operate a licensed gaming establishment in Idaho that also intends to serve alcoholic beverages. Which of the following regulatory frameworks, as established by Idaho state law, would be most directly pertinent to the applicant’s ability to legally serve patrons alcoholic drinks within the gaming premises?
Correct
Idaho law, specifically Title 23, Chapter 2 of the Idaho Code, governs alcoholic beverage control and licensing, which is intrinsically linked to the operation of licensed gaming establishments. While gaming itself is regulated by the Idaho State Police, the ability to serve alcohol within a gaming establishment is contingent upon adherence to the beverage control laws. These laws dictate who can obtain a liquor license, the types of licenses available (e.g., on-premise consumption), and the conditions under which they can operate. For instance, a common requirement for obtaining or maintaining an on-premise liquor license is the absence of certain criminal convictions, particularly those related to public order or alcohol-related offenses. Furthermore, the licensing process often involves background checks and a review of the applicant’s suitability to hold such a license, ensuring that the establishment contributes positively to the community and does not become a nuisance or a focal point for illegal activities. The Idaho Legislature has established a framework that balances the economic benefits of licensed establishments with the need to protect public health, safety, and welfare. This includes provisions for the suspension or revocation of licenses for violations, underscoring the importance of compliance with all relevant state statutes and administrative rules. Therefore, understanding the interplay between gaming regulations and alcoholic beverage control laws is crucial for any entity operating a licensed gaming establishment in Idaho.
Incorrect
Idaho law, specifically Title 23, Chapter 2 of the Idaho Code, governs alcoholic beverage control and licensing, which is intrinsically linked to the operation of licensed gaming establishments. While gaming itself is regulated by the Idaho State Police, the ability to serve alcohol within a gaming establishment is contingent upon adherence to the beverage control laws. These laws dictate who can obtain a liquor license, the types of licenses available (e.g., on-premise consumption), and the conditions under which they can operate. For instance, a common requirement for obtaining or maintaining an on-premise liquor license is the absence of certain criminal convictions, particularly those related to public order or alcohol-related offenses. Furthermore, the licensing process often involves background checks and a review of the applicant’s suitability to hold such a license, ensuring that the establishment contributes positively to the community and does not become a nuisance or a focal point for illegal activities. The Idaho Legislature has established a framework that balances the economic benefits of licensed establishments with the need to protect public health, safety, and welfare. This includes provisions for the suspension or revocation of licenses for violations, underscoring the importance of compliance with all relevant state statutes and administrative rules. Therefore, understanding the interplay between gaming regulations and alcoholic beverage control laws is crucial for any entity operating a licensed gaming establishment in Idaho.
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Question 3 of 30
3. Question
Under Idaho gaming law, what is the primary prerequisite for any entity seeking to operate pari-mutuel wagering on horse races within the state?
Correct
The Idaho Gaming Law, specifically concerning the regulation of pari-mutuel wagering, outlines distinct requirements for obtaining and maintaining a license. Idaho Code Section 23-2003 mandates that any person, firm, or corporation desiring to conduct pari-mutuel wagering must first obtain a license from the Idaho State Horse Racing Commission. This license is not granted automatically; it requires a thorough application process demonstrating financial stability, integrity, and the ability to comply with all statutory and regulatory provisions governing horse racing and wagering in Idaho. Furthermore, the commission has the authority to set specific conditions and requirements for licensees, which may include bonding, insurance, and adherence to operational standards designed to protect the public interest and ensure the fairness of the wagering process. The renewal of such licenses is also subject to ongoing compliance and periodic review by the commission. The question tests the understanding of the initial licensing requirement for conducting pari-mutuel wagering in Idaho.
Incorrect
The Idaho Gaming Law, specifically concerning the regulation of pari-mutuel wagering, outlines distinct requirements for obtaining and maintaining a license. Idaho Code Section 23-2003 mandates that any person, firm, or corporation desiring to conduct pari-mutuel wagering must first obtain a license from the Idaho State Horse Racing Commission. This license is not granted automatically; it requires a thorough application process demonstrating financial stability, integrity, and the ability to comply with all statutory and regulatory provisions governing horse racing and wagering in Idaho. Furthermore, the commission has the authority to set specific conditions and requirements for licensees, which may include bonding, insurance, and adherence to operational standards designed to protect the public interest and ensure the fairness of the wagering process. The renewal of such licenses is also subject to ongoing compliance and periodic review by the commission. The question tests the understanding of the initial licensing requirement for conducting pari-mutuel wagering in Idaho.
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Question 4 of 30
4. Question
An Idaho-based non-profit organization, “Friends of the Boise River,” has been granted a license to conduct charitable gaming activities. The organization’s stated mission is to preserve and protect the natural environment of the Boise River watershed through education and conservation efforts. During its last fiscal year, the organization raised \( \$150,000 \) from various charitable gaming events, including bingo and raffles. An internal audit reveals that \( \$45,000 \) of these funds were allocated to cover the operating costs of a new administrative office, \( \$30,000 \) was used for a multi-day executive retreat for the board of directors at a luxury resort, and \( \$15,000 \) was disbursed as bonuses to key administrative staff based on overall organizational performance. The remaining \( \$60,000 \) was directly applied to approved conservation projects. Under Idaho gaming law, which of the following expenditures would most likely be considered a violation of the requirement that net proceeds be used for charitable purposes?
Correct
The Idaho Gaming Law, specifically Idaho Code Title 23, Chapter 5, governs various forms of gambling within the state. While most forms of gambling are prohibited, certain exceptions exist, primarily concerning charitable gaming and pari-mutuel wagering on horse racing. The Idaho State Police, through its Gaming and Enforcement Bureau, is responsible for the regulation and enforcement of these laws. Charitable gaming, as defined in Idaho Code §23-502, permits licensed organizations to conduct specific types of games, such as raffles, bingo, and pull tabs, to raise funds for charitable purposes. These organizations must obtain a license from the state and adhere to strict rules regarding the conduct of games, prize limits, and the use of proceeds. Idaho Code §23-502(2) explicitly states that the net proceeds from charitable gaming must be used for the organization’s charitable purposes. This means that funds raised cannot be distributed to individuals as profit or used for purposes unrelated to the stated charitable mission. Therefore, an organization that uses a significant portion of its charitable gaming revenue to pay for lavish executive retreats or to fund the personal expenses of its board members would be in violation of the law, as these expenditures are not considered legitimate charitable purposes under the statute. The law emphasizes transparency and accountability in the management of charitable gaming funds.
Incorrect
The Idaho Gaming Law, specifically Idaho Code Title 23, Chapter 5, governs various forms of gambling within the state. While most forms of gambling are prohibited, certain exceptions exist, primarily concerning charitable gaming and pari-mutuel wagering on horse racing. The Idaho State Police, through its Gaming and Enforcement Bureau, is responsible for the regulation and enforcement of these laws. Charitable gaming, as defined in Idaho Code §23-502, permits licensed organizations to conduct specific types of games, such as raffles, bingo, and pull tabs, to raise funds for charitable purposes. These organizations must obtain a license from the state and adhere to strict rules regarding the conduct of games, prize limits, and the use of proceeds. Idaho Code §23-502(2) explicitly states that the net proceeds from charitable gaming must be used for the organization’s charitable purposes. This means that funds raised cannot be distributed to individuals as profit or used for purposes unrelated to the stated charitable mission. Therefore, an organization that uses a significant portion of its charitable gaming revenue to pay for lavish executive retreats or to fund the personal expenses of its board members would be in violation of the law, as these expenditures are not considered legitimate charitable purposes under the statute. The law emphasizes transparency and accountability in the management of charitable gaming funds.
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Question 5 of 30
5. Question
Consider a licensed charitable organization in Idaho that conducts a series of bingo games. The total amount collected from players for game participation amounts to $15,000. The organization incurred direct expenses for prizes awarded to winners totaling $3,000, and paid $500 for the rental of the event hall. Additionally, the organization purchased new office furniture for its administrative headquarters, costing $1,000, and paid a $200 fee for a state-issued permit to conduct the bingo games. Under Idaho Code, which of the following amounts represents the total permissible deductions from the gross receipts for the purpose of calculating the net proceeds to be used for charitable purposes?
Correct
Idaho Code Section 23-2622 governs the regulation of charitable gaming. Specifically, it outlines the requirements for obtaining a license to conduct charitable bingo games and raffles. A key aspect of these regulations is the definition of “gross receipts” and the permissible deductions from those receipts before calculating the portion that must be remitted to the state for charitable purposes. Idaho law mandates that a certain percentage of the net proceeds from authorized charitable gaming activities must be used for the stated charitable purpose. The law also specifies the types of expenses that are considered legitimate operating costs and can be deducted from gross receipts. These typically include costs directly associated with conducting the gaming event, such as venue rental, advertising, and prizes. However, expenses not directly related to the gaming operation or that benefit the organizers personally are generally not permitted deductions. The question probes the understanding of what constitutes a permissible deduction under Idaho’s charitable gaming statutes, requiring knowledge of the specific provisions that differentiate allowable operational costs from impermissible expenditures.
Incorrect
Idaho Code Section 23-2622 governs the regulation of charitable gaming. Specifically, it outlines the requirements for obtaining a license to conduct charitable bingo games and raffles. A key aspect of these regulations is the definition of “gross receipts” and the permissible deductions from those receipts before calculating the portion that must be remitted to the state for charitable purposes. Idaho law mandates that a certain percentage of the net proceeds from authorized charitable gaming activities must be used for the stated charitable purpose. The law also specifies the types of expenses that are considered legitimate operating costs and can be deducted from gross receipts. These typically include costs directly associated with conducting the gaming event, such as venue rental, advertising, and prizes. However, expenses not directly related to the gaming operation or that benefit the organizers personally are generally not permitted deductions. The question probes the understanding of what constitutes a permissible deduction under Idaho’s charitable gaming statutes, requiring knowledge of the specific provisions that differentiate allowable operational costs from impermissible expenditures.
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Question 6 of 30
6. Question
A licensed charitable organization in Idaho conducts a raffle to raise funds for local youth programs. The total gross receipts from ticket sales amount to $10,000. According to Idaho Code Title 26, Chapter 29, what is the minimum amount that must be allocated to prizes or bona fide charitable purposes?
Correct
In Idaho, the regulation of charitable gaming, including raffles and bingo, is primarily governed by Title 26, Chapter 29 of the Idaho Code, specifically concerning charitable gaming. This chapter outlines the requirements for obtaining licenses, conducting games, and the distribution of proceeds. Section 26-2906 of the Idaho Code details the permissible uses of gross receipts from charitable gaming. It mandates that a minimum of 75% of the gross receipts from any charitable gaming activity must be distributed as prizes or used for bona fide charitable purposes as defined by the law. The remaining 25% can be used for administrative expenses, including operational costs and reasonable compensation for individuals directly involved in conducting the gaming activity. This 75% threshold for prizes and charitable use is a critical component of ensuring that the primary intent of charitable gaming – to benefit the public through charitable endeavors – is upheld, while also allowing for the necessary expenses to conduct these events. Any deviation from this distribution requirement could result in penalties or license revocation. Therefore, for a licensed organization to operate a raffle and use the proceeds, at least 75% of the total money collected from ticket sales must be allocated to either prizes or directly to their registered charitable mission.
Incorrect
In Idaho, the regulation of charitable gaming, including raffles and bingo, is primarily governed by Title 26, Chapter 29 of the Idaho Code, specifically concerning charitable gaming. This chapter outlines the requirements for obtaining licenses, conducting games, and the distribution of proceeds. Section 26-2906 of the Idaho Code details the permissible uses of gross receipts from charitable gaming. It mandates that a minimum of 75% of the gross receipts from any charitable gaming activity must be distributed as prizes or used for bona fide charitable purposes as defined by the law. The remaining 25% can be used for administrative expenses, including operational costs and reasonable compensation for individuals directly involved in conducting the gaming activity. This 75% threshold for prizes and charitable use is a critical component of ensuring that the primary intent of charitable gaming – to benefit the public through charitable endeavors – is upheld, while also allowing for the necessary expenses to conduct these events. Any deviation from this distribution requirement could result in penalties or license revocation. Therefore, for a licensed organization to operate a raffle and use the proceeds, at least 75% of the total money collected from ticket sales must be allocated to either prizes or directly to their registered charitable mission.
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Question 7 of 30
7. Question
Consider a scenario where a charitable organization in Boise, Idaho, wishes to conduct a raffle to raise funds for a local animal shelter. The organization has been operating in Idaho for three years and its members are all Idaho residents. They plan to sell tickets for $5 each, with the grand prize being a vacation package valued at $2,000. The raffle will be held on a single day. Under Idaho gaming law, what is the most critical factor the organization must address regarding the legality of this fundraising activity?
Correct
Idaho Code § 23-512 outlines the requirements for obtaining a gaming license. Specifically, it details that an applicant must be a resident of Idaho for at least one year prior to applying and must not have been convicted of a felony within the past five years. Furthermore, the applicant must demonstrate financial responsibility and good moral character. The Idaho State Police are responsible for conducting background investigations. A gaming license is generally valid for a period of one year from the date of issuance, and renewal requires a new application and fee. The Idaho Legislature has the authority to amend these statutes, impacting licensing requirements and operational regulations for gaming establishments within the state. The specific types of gaming permitted, such as those operated by qualified fraternal or veteran organizations, are also defined by statute, with limitations on the types of games, prize amounts, and frequency of play.
Incorrect
Idaho Code § 23-512 outlines the requirements for obtaining a gaming license. Specifically, it details that an applicant must be a resident of Idaho for at least one year prior to applying and must not have been convicted of a felony within the past five years. Furthermore, the applicant must demonstrate financial responsibility and good moral character. The Idaho State Police are responsible for conducting background investigations. A gaming license is generally valid for a period of one year from the date of issuance, and renewal requires a new application and fee. The Idaho Legislature has the authority to amend these statutes, impacting licensing requirements and operational regulations for gaming establishments within the state. The specific types of gaming permitted, such as those operated by qualified fraternal or veteran organizations, are also defined by statute, with limitations on the types of games, prize amounts, and frequency of play.
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Question 8 of 30
8. Question
A non-profit organization based in Boise, Idaho, dedicated to supporting local animal shelters, wishes to host a series of bingo games and raffles to raise funds. To legally conduct these gaming activities, what specific section of the Idaho Code must they consult for the initial licensing and authorization requirements?
Correct
In Idaho, the regulation of charitable gaming is primarily governed by Title 23, Chapter 5 of the Idaho Code. Specifically, Section 23-504 outlines the requirements for obtaining a license to conduct certain types of charitable gaming activities. This section details the application process, the types of organizations eligible, and the limitations on the games that can be offered. The question probes the understanding of which specific Idaho Code section dictates the initial authorization for a qualified organization to engage in charitable gaming. A thorough review of Idaho’s statutes concerning charitable gaming reveals that Section 23-504 is the foundational provision for licensing such activities, specifying the criteria and procedures for obtaining the necessary permits from the state. Understanding this core regulatory framework is essential for any organization intending to operate charitable gaming events within Idaho, ensuring compliance with state law and the proper channeling of funds towards charitable purposes. The section addresses the initial authorization, which is the critical first step for any entity seeking to conduct these regulated activities.
Incorrect
In Idaho, the regulation of charitable gaming is primarily governed by Title 23, Chapter 5 of the Idaho Code. Specifically, Section 23-504 outlines the requirements for obtaining a license to conduct certain types of charitable gaming activities. This section details the application process, the types of organizations eligible, and the limitations on the games that can be offered. The question probes the understanding of which specific Idaho Code section dictates the initial authorization for a qualified organization to engage in charitable gaming. A thorough review of Idaho’s statutes concerning charitable gaming reveals that Section 23-504 is the foundational provision for licensing such activities, specifying the criteria and procedures for obtaining the necessary permits from the state. Understanding this core regulatory framework is essential for any organization intending to operate charitable gaming events within Idaho, ensuring compliance with state law and the proper channeling of funds towards charitable purposes. The section addresses the initial authorization, which is the critical first step for any entity seeking to conduct these regulated activities.
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Question 9 of 30
9. Question
Consider a scenario where a newly formed civic association in Boise, Idaho, dedicated to improving local parks and recreational facilities, wishes to conduct a series of fundraising raffles. This association has been actively engaged in community clean-up events for the past eighteen months. Based on Idaho’s charitable gaming statutes, what is the minimum duration of continuous operation required for this association to qualify as a charitable organization eligible to conduct such raffles?
Correct
Idaho law, specifically Title 23, Chapter 3 of the Idaho Code, governs the operation of charitable gaming. Idaho Code Section 23-302(1) defines “charitable gaming” as any lottery, raffle, bingo game, or other game of chance conducted for the purpose of raising funds for a qualified charitable organization. A crucial aspect of this regulation is the definition of a “qualified charitable organization.” Idaho Code Section 23-302(6) outlines the criteria for an organization to be considered qualified. This includes being organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals. Furthermore, the organization must not engage in political activities or lobbying, and its net earnings cannot inure to the benefit of any private shareholder or individual. The law also specifies that such organizations must have been in existence for at least two years prior to conducting charitable gaming. The question tests the understanding of the statutory definition of a qualified charitable organization under Idaho’s charitable gaming laws, emphasizing the duration of existence and the purpose of the organization. The correct option reflects these specific requirements as outlined in the Idaho Code.
Incorrect
Idaho law, specifically Title 23, Chapter 3 of the Idaho Code, governs the operation of charitable gaming. Idaho Code Section 23-302(1) defines “charitable gaming” as any lottery, raffle, bingo game, or other game of chance conducted for the purpose of raising funds for a qualified charitable organization. A crucial aspect of this regulation is the definition of a “qualified charitable organization.” Idaho Code Section 23-302(6) outlines the criteria for an organization to be considered qualified. This includes being organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals. Furthermore, the organization must not engage in political activities or lobbying, and its net earnings cannot inure to the benefit of any private shareholder or individual. The law also specifies that such organizations must have been in existence for at least two years prior to conducting charitable gaming. The question tests the understanding of the statutory definition of a qualified charitable organization under Idaho’s charitable gaming laws, emphasizing the duration of existence and the purpose of the organization. The correct option reflects these specific requirements as outlined in the Idaho Code.
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Question 10 of 30
10. Question
Under Idaho gaming law, what is the primary criterion for determining if an individual involved in operating a charitable raffle requires a gaming license from the state?
Correct
Idaho Code Section 23-2603 governs the licensing of persons involved in charitable gaming activities. Specifically, it outlines the requirements for individuals who directly manage, supervise, or operate charitable gaming events. The law mandates that any individual who derives substantial income from their involvement in charitable gaming, or who is in a position to exert significant control over the operation or finances of such gaming, must obtain a license. This licensing requirement is designed to ensure transparency, prevent fraud, and protect the integrity of charitable gaming operations in Idaho. The threshold for requiring a license is not solely based on the amount of time spent or the gross revenue generated by the event, but rather on the nature of the individual’s role and their financial benefit or control. An individual who volunteers their time and does not receive compensation or have significant decision-making authority might not require a license, whereas someone employed to manage the entire operation, even if it’s a part-time role, would likely fall under the licensing requirement. The focus is on the level of responsibility and potential for influence over the charitable gaming process and its proceeds.
Incorrect
Idaho Code Section 23-2603 governs the licensing of persons involved in charitable gaming activities. Specifically, it outlines the requirements for individuals who directly manage, supervise, or operate charitable gaming events. The law mandates that any individual who derives substantial income from their involvement in charitable gaming, or who is in a position to exert significant control over the operation or finances of such gaming, must obtain a license. This licensing requirement is designed to ensure transparency, prevent fraud, and protect the integrity of charitable gaming operations in Idaho. The threshold for requiring a license is not solely based on the amount of time spent or the gross revenue generated by the event, but rather on the nature of the individual’s role and their financial benefit or control. An individual who volunteers their time and does not receive compensation or have significant decision-making authority might not require a license, whereas someone employed to manage the entire operation, even if it’s a part-time role, would likely fall under the licensing requirement. The focus is on the level of responsibility and potential for influence over the charitable gaming process and its proceeds.
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Question 11 of 30
11. Question
Under the Idaho Horse Racing Act, a licensed racing association in Boise, Idaho, conducts a race day where the total pari-mutuel handle across all pools reaches \( \$500,000 \). The Act stipulates that \( 5\% \) of the total handle is to be remitted to the state as a tax, and \( 10\% \) of the handle is allocated to the purse fund for horse owners. The remaining percentage is distributed between the association for operational costs and other authorized deductions. What is the total amount that must be remitted to the state of Idaho from this race day’s handle?
Correct
The Idaho Horse Racing Act, specifically Idaho Code §54-2501 et seq., governs pari-mutuel wagering on horse races within the state. This act establishes the framework for licensing, regulating, and overseeing the conduct of horse racing and pari-mutuel betting. Key provisions include the requirement for licenses for racing associations and individuals involved in the operation of race tracks. The Act also details the distribution of pari-mutuel handle, specifying the percentages allocated to the track, the purse fund for horse owners, the state’s share (often a percentage of the total wagers), and other authorized deductions. For instance, a common structure involves a specific percentage of the total pari-mutuel pool being remitted to the state as a tax. This tax revenue contributes to the state’s general fund or is earmarked for specific purposes, such as supporting the racing industry itself or other public services. The Act also outlines rules regarding the integrity of racing, drug testing, and the prohibition of certain types of wagering. Therefore, understanding the statutory allocation of pari-mutuel revenue is fundamental to comprehending the financial mechanics and regulatory oversight of horse racing in Idaho.
Incorrect
The Idaho Horse Racing Act, specifically Idaho Code §54-2501 et seq., governs pari-mutuel wagering on horse races within the state. This act establishes the framework for licensing, regulating, and overseeing the conduct of horse racing and pari-mutuel betting. Key provisions include the requirement for licenses for racing associations and individuals involved in the operation of race tracks. The Act also details the distribution of pari-mutuel handle, specifying the percentages allocated to the track, the purse fund for horse owners, the state’s share (often a percentage of the total wagers), and other authorized deductions. For instance, a common structure involves a specific percentage of the total pari-mutuel pool being remitted to the state as a tax. This tax revenue contributes to the state’s general fund or is earmarked for specific purposes, such as supporting the racing industry itself or other public services. The Act also outlines rules regarding the integrity of racing, drug testing, and the prohibition of certain types of wagering. Therefore, understanding the statutory allocation of pari-mutuel revenue is fundamental to comprehending the financial mechanics and regulatory oversight of horse racing in Idaho.
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Question 12 of 30
12. Question
Consider a scenario where the “North Idaho Animal Welfare Advocates,” a non-profit entity registered in Idaho, seeks a license to conduct a series of bingo nights and raffles to fund its animal shelter operations. The organization’s charter clearly states its mission is to rescue, rehabilitate, and rehome stray animals within the state. During the licensing application process, the Idaho Gaming Bureau reviews the organization’s financial projections, which indicate that approximately 45% of the anticipated gross revenue from gaming activities would be allocated to operational expenses, including venue rental, advertising, and prize payouts, with the remaining 55% designated for direct animal care and shelter maintenance. Under Idaho’s charitable gaming statutes, what is the primary legal determination the Bureau must make regarding the organization’s eligibility to conduct such gaming activities?
Correct
Idaho law, specifically Title 23, Chapter 2 of the Idaho Code, governs charitable gaming. Idaho Code §23-207 outlines the requirements for obtaining a license to conduct charitable gaming. This section details the application process, including the need to provide information about the organization’s charitable purpose and its financial history. Furthermore, Idaho Code §23-210 specifies the types of games that are permissible for licensed charitable organizations, such as raffles, bingo, and pull-tabs. The law also mandates that a significant portion of the proceeds from these games must be used for charitable purposes, with specific limits on administrative and operational expenses. The question revolves around the statutory framework that defines what constitutes a “bona fide charitable organization” for the purposes of conducting gaming activities in Idaho, as well as the regulatory oversight ensuring compliance with the allocated use of gaming proceeds. The correct understanding lies in the definition of a bona fide charitable organization as established by Idaho statutes and the subsequent requirement for the majority of net proceeds to be dedicated to the stated charitable purpose, as stipulated by Idaho Code §23-207 and §23-210.
Incorrect
Idaho law, specifically Title 23, Chapter 2 of the Idaho Code, governs charitable gaming. Idaho Code §23-207 outlines the requirements for obtaining a license to conduct charitable gaming. This section details the application process, including the need to provide information about the organization’s charitable purpose and its financial history. Furthermore, Idaho Code §23-210 specifies the types of games that are permissible for licensed charitable organizations, such as raffles, bingo, and pull-tabs. The law also mandates that a significant portion of the proceeds from these games must be used for charitable purposes, with specific limits on administrative and operational expenses. The question revolves around the statutory framework that defines what constitutes a “bona fide charitable organization” for the purposes of conducting gaming activities in Idaho, as well as the regulatory oversight ensuring compliance with the allocated use of gaming proceeds. The correct understanding lies in the definition of a bona fide charitable organization as established by Idaho statutes and the subsequent requirement for the majority of net proceeds to be dedicated to the stated charitable purpose, as stipulated by Idaho Code §23-207 and §23-210.
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Question 13 of 30
13. Question
Consider a scenario where a federally recognized Native American tribe operating a casino in Idaho wishes to expand its gaming offerings to include Class III electronic gaming devices that were not explicitly detailed in its original compact with the State of Idaho. What is the primary legal pathway for this tribe to legally implement such an expansion under Idaho gaming law, ensuring compliance with both state and federal regulations?
Correct
The Idaho Gaming Law, specifically concerning tribal gaming compacts and their amendment process, outlines the framework for establishing and modifying agreements between the State of Idaho and federally recognized Indian tribes. Idaho Code Section 18-5501 defines prohibited gambling, while subsequent sections and specific tribal gaming compacts detail permissible activities. The process for amending these compacts is generally governed by the terms within the compacts themselves and federal law, particularly the Indian Gaming Regulatory Act (IGRA). IGRA mandates that compacts must be negotiated in good faith and approved by the Secretary of the Interior. Amendments typically require mutual agreement between the tribe and the state, followed by the federal approval process. This process ensures that any changes to the scope or nature of gaming operations remain compliant with federal and state law. Therefore, an amendment to an existing tribal gaming compact in Idaho would necessitate both tribal and state legislative or executive approval, followed by federal oversight and ratification, reflecting the layered regulatory authority over Indian gaming.
Incorrect
The Idaho Gaming Law, specifically concerning tribal gaming compacts and their amendment process, outlines the framework for establishing and modifying agreements between the State of Idaho and federally recognized Indian tribes. Idaho Code Section 18-5501 defines prohibited gambling, while subsequent sections and specific tribal gaming compacts detail permissible activities. The process for amending these compacts is generally governed by the terms within the compacts themselves and federal law, particularly the Indian Gaming Regulatory Act (IGRA). IGRA mandates that compacts must be negotiated in good faith and approved by the Secretary of the Interior. Amendments typically require mutual agreement between the tribe and the state, followed by the federal approval process. This process ensures that any changes to the scope or nature of gaming operations remain compliant with federal and state law. Therefore, an amendment to an existing tribal gaming compact in Idaho would necessitate both tribal and state legislative or executive approval, followed by federal oversight and ratification, reflecting the layered regulatory authority over Indian gaming.
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Question 14 of 30
14. Question
Under Idaho Gaming Law, which of the following entities is most consistently and explicitly authorized by statute to conduct or benefit from regulated gaming activities, such as raffles or bingo, with proceeds often directed towards specific public or charitable purposes within the state?
Correct
Idaho law, specifically Idaho Code Title 23, Chapter 5, governs alcoholic beverage control and licensing, which includes provisions relevant to how certain gaming activities, such as those conducted by fraternal organizations or for charitable purposes, can interact with licensed premises. While Idaho does not have state-wide casino gaming, it does permit certain forms of gambling, like raffles and bingo, often under strict regulatory oversight and with specific limitations on the types of establishments that can host them or the purposes for which proceeds can be used. The Idaho State Police, through its Alcohol Beverage Control (ABC) division, enforces these regulations. The question probes the understanding of which entities are explicitly authorized by Idaho law to conduct or benefit from certain regulated gaming activities, differentiating them from general business operations or purely private social gatherings. The core principle tested is the statutory definition of permissible gaming organizers and beneficiaries within the state’s legal framework, which prioritizes public benefit, charitable causes, or specific community organizations over private profit from gaming. This distinction is crucial for understanding the scope of gaming law in Idaho and its interaction with other regulated industries like alcohol sales.
Incorrect
Idaho law, specifically Idaho Code Title 23, Chapter 5, governs alcoholic beverage control and licensing, which includes provisions relevant to how certain gaming activities, such as those conducted by fraternal organizations or for charitable purposes, can interact with licensed premises. While Idaho does not have state-wide casino gaming, it does permit certain forms of gambling, like raffles and bingo, often under strict regulatory oversight and with specific limitations on the types of establishments that can host them or the purposes for which proceeds can be used. The Idaho State Police, through its Alcohol Beverage Control (ABC) division, enforces these regulations. The question probes the understanding of which entities are explicitly authorized by Idaho law to conduct or benefit from certain regulated gaming activities, differentiating them from general business operations or purely private social gatherings. The core principle tested is the statutory definition of permissible gaming organizers and beneficiaries within the state’s legal framework, which prioritizes public benefit, charitable causes, or specific community organizations over private profit from gaming. This distinction is crucial for understanding the scope of gaming law in Idaho and its interaction with other regulated industries like alcohol sales.
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Question 15 of 30
15. Question
Consider a scenario where an individual in Boise, Idaho, imports several vintage arcade cabinets that are equipped with mechanisms allowing for the outcome of a game to be determined by chance, and charges patrons a fee to play these machines. The machines are not explicitly designed for gambling in the traditional sense, but their operation involves an element of luck where extended play can result in the winning of bonus credits redeemable for additional play time. What specific Idaho statute would most directly govern the legality of operating these particular arcade cabinets as described?
Correct
The Idaho Gaming Law prohibits any person from operating a gambling device without a valid license issued by the Idaho State Lottery Commission. A gambling device is defined under Idaho Code Section 23-2601 as any machine, contrivance, or device which, for a consideration, is used or operated or is capable of being used or operated for the purpose of playing any game of chance, or which, for a consideration, is used or operated or is capable of being used or operated for the purpose of winning money or any other valuable thing. This includes slot machines, video poker machines, and other similar electronic gaming devices. The law further specifies that possession of an unlicensed gambling device constitutes a misdemeanor. Therefore, an individual found to be operating such a device without the requisite license would be in violation of Idaho Code Section 23-2602, which addresses the prohibition of unlicensed gambling operations. The Idaho State Lottery Commission is the designated regulatory body responsible for licensing and overseeing all forms of legal gambling within the state, ensuring compliance with established statutes and rules. The purpose of this strict regulatory framework is to protect the public, prevent illegal activities, and ensure that any authorized gaming contributes to state revenues as intended by law.
Incorrect
The Idaho Gaming Law prohibits any person from operating a gambling device without a valid license issued by the Idaho State Lottery Commission. A gambling device is defined under Idaho Code Section 23-2601 as any machine, contrivance, or device which, for a consideration, is used or operated or is capable of being used or operated for the purpose of playing any game of chance, or which, for a consideration, is used or operated or is capable of being used or operated for the purpose of winning money or any other valuable thing. This includes slot machines, video poker machines, and other similar electronic gaming devices. The law further specifies that possession of an unlicensed gambling device constitutes a misdemeanor. Therefore, an individual found to be operating such a device without the requisite license would be in violation of Idaho Code Section 23-2602, which addresses the prohibition of unlicensed gambling operations. The Idaho State Lottery Commission is the designated regulatory body responsible for licensing and overseeing all forms of legal gambling within the state, ensuring compliance with established statutes and rules. The purpose of this strict regulatory framework is to protect the public, prevent illegal activities, and ensure that any authorized gaming contributes to state revenues as intended by law.
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Question 16 of 30
16. Question
An establishment in Boise, Idaho, currently holds a valid liquor license for the on-premises sale of alcoholic beverages. The owner wishes to introduce authorized charitable bingo games on their premises during designated hours. Considering Idaho’s regulatory framework, what is the primary legal consideration for the owner regarding the operation of bingo games in conjunction with alcohol sales?
Correct
Idaho law, specifically Idaho Code Title 23, Chapter 1, governs alcoholic beverages. While this chapter covers licensing and regulation of alcohol sales, it does not directly address or permit gaming activities. Gaming in Idaho is primarily regulated by Title 54, Chapter 24 of the Idaho Code, which pertains to the regulation of certain gambling activities. Specifically, Idaho Code Section 54-2404 outlines authorized gambling activities, which include bingo, raffles, and pari-mutuel betting on horse racing, all conducted under specific regulatory frameworks and often requiring permits or licenses from the Idaho State Police or other designated authorities. The sale of alcoholic beverages is a separate regulatory domain from the conduct of authorized gaming activities, and the two are not inherently linked by a single licensing or regulatory authority under Idaho law. Therefore, an establishment seeking to offer authorized gaming activities alongside the sale of alcoholic beverages must comply with the specific licensing and operational requirements for both the sale of alcohol as dictated by Title 23 and the conduct of gaming as outlined in Title 54.
Incorrect
Idaho law, specifically Idaho Code Title 23, Chapter 1, governs alcoholic beverages. While this chapter covers licensing and regulation of alcohol sales, it does not directly address or permit gaming activities. Gaming in Idaho is primarily regulated by Title 54, Chapter 24 of the Idaho Code, which pertains to the regulation of certain gambling activities. Specifically, Idaho Code Section 54-2404 outlines authorized gambling activities, which include bingo, raffles, and pari-mutuel betting on horse racing, all conducted under specific regulatory frameworks and often requiring permits or licenses from the Idaho State Police or other designated authorities. The sale of alcoholic beverages is a separate regulatory domain from the conduct of authorized gaming activities, and the two are not inherently linked by a single licensing or regulatory authority under Idaho law. Therefore, an establishment seeking to offer authorized gaming activities alongside the sale of alcoholic beverages must comply with the specific licensing and operational requirements for both the sale of alcohol as dictated by Title 23 and the conduct of gaming as outlined in Title 54.
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Question 17 of 30
17. Question
In Idaho, a duly licensed non-profit organization, “Idaho Cares,” conducts a series of fundraising raffles throughout the year to support its community outreach programs. During a recent board meeting, a proposal was made to allocate a portion of the net proceeds from these raffles to a local political candidate’s campaign fund, arguing that the candidate’s platform aligns with the organization’s mission. Under Idaho gaming law, what is the legal standing of using charitable gaming proceeds for such a political contribution?
Correct
The Idaho Gaming Law, specifically concerning the regulation of charitable gaming, outlines strict requirements for the conduct of raffles and other fundraising activities. Idaho Code § 23-2001 defines a raffle as a lottery in which a participant pays money for a chance to win a prize. Idaho Code § 23-2002 mandates that all charitable gaming activities, including raffles, must be conducted by qualified charitable organizations. A key aspect of these regulations is the prohibition of certain types of prizes and the requirement for proper record-keeping and reporting. For instance, cash prizes are generally permissible, but the law also specifies limitations on the value of prizes and how proceeds must be used. Specifically, Idaho Code § 23-2004 addresses the permissible uses of funds derived from charitable gaming, emphasizing that these funds must be dedicated to the organization’s charitable purposes. Furthermore, the law requires that any entity conducting a raffle must obtain a license from the Idaho State Police if the total value of prizes exceeds a certain threshold, or if the raffle is conducted in a manner that could be construed as commercial. The prohibition against using gaming proceeds for political lobbying or for the personal benefit of any individual, including officers or employees of the organization, is a cornerstone of maintaining the integrity of charitable gaming in Idaho. The question probes the understanding of these foundational principles, focusing on the direct prohibition of using gaming revenue for political campaign contributions.
Incorrect
The Idaho Gaming Law, specifically concerning the regulation of charitable gaming, outlines strict requirements for the conduct of raffles and other fundraising activities. Idaho Code § 23-2001 defines a raffle as a lottery in which a participant pays money for a chance to win a prize. Idaho Code § 23-2002 mandates that all charitable gaming activities, including raffles, must be conducted by qualified charitable organizations. A key aspect of these regulations is the prohibition of certain types of prizes and the requirement for proper record-keeping and reporting. For instance, cash prizes are generally permissible, but the law also specifies limitations on the value of prizes and how proceeds must be used. Specifically, Idaho Code § 23-2004 addresses the permissible uses of funds derived from charitable gaming, emphasizing that these funds must be dedicated to the organization’s charitable purposes. Furthermore, the law requires that any entity conducting a raffle must obtain a license from the Idaho State Police if the total value of prizes exceeds a certain threshold, or if the raffle is conducted in a manner that could be construed as commercial. The prohibition against using gaming proceeds for political lobbying or for the personal benefit of any individual, including officers or employees of the organization, is a cornerstone of maintaining the integrity of charitable gaming in Idaho. The question probes the understanding of these foundational principles, focusing on the direct prohibition of using gaming revenue for political campaign contributions.
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Question 18 of 30
18. Question
A registered non-profit historical preservation society in Coeur d’Alene, Idaho, conducts an annual raffle to raise funds for the preservation of a local landmark. The society’s charter clearly states its mission is to protect and promote Idaho’s historical sites. If the society uses a portion of the raffle proceeds to pay for a professional consultant to develop a long-term strategic plan for the landmark’s preservation, which of the following best characterizes the legality of this expenditure under Idaho gaming law?
Correct
In Idaho, the regulation of charitable gaming is primarily governed by Title 23, Chapter 5 of the Idaho Code, specifically concerning bingo and raffles. Idaho Code § 23-503 outlines the permissible uses of proceeds from charitable gaming activities. These proceeds can be used for charitable purposes, civic purposes, religious purposes, educational purposes, or for the benefit of a political subdivision of the state. The law is designed to ensure that funds raised through these activities directly support the stated charitable or public benefit objectives. For instance, a local historical society in Boise, registered as a non-profit organization, could legally use raffle proceeds to fund the restoration of a historic building or to support its educational programs about Idaho’s heritage. Conversely, using such funds to cover general operating expenses not directly tied to a specific charitable project, or to provide personal financial benefits to members, would be considered an improper use of charitable gaming proceeds under Idaho law. The emphasis is on the direct furtherance of the organization’s charitable mission.
Incorrect
In Idaho, the regulation of charitable gaming is primarily governed by Title 23, Chapter 5 of the Idaho Code, specifically concerning bingo and raffles. Idaho Code § 23-503 outlines the permissible uses of proceeds from charitable gaming activities. These proceeds can be used for charitable purposes, civic purposes, religious purposes, educational purposes, or for the benefit of a political subdivision of the state. The law is designed to ensure that funds raised through these activities directly support the stated charitable or public benefit objectives. For instance, a local historical society in Boise, registered as a non-profit organization, could legally use raffle proceeds to fund the restoration of a historic building or to support its educational programs about Idaho’s heritage. Conversely, using such funds to cover general operating expenses not directly tied to a specific charitable project, or to provide personal financial benefits to members, would be considered an improper use of charitable gaming proceeds under Idaho law. The emphasis is on the direct furtherance of the organization’s charitable mission.
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Question 19 of 30
19. Question
A non-profit organization in Boise, Idaho, lawfully conducted a series of bingo games under a valid charitable gaming license. The net proceeds generated from these events amounted to $15,000. The organization’s charter clearly states its charitable purpose is to support local youth sports programs. However, the organization’s board of directors voted to allocate the entire $15,000 to purchase new office furniture and upgrade the IT infrastructure for their administrative headquarters, arguing that improved efficiency would indirectly benefit program delivery. Under Idaho gaming law, what is the most accurate characterization of this allocation of net proceeds?
Correct
The Idaho Legislature, through its enactments, has established specific parameters for charitable gaming activities. Idaho Code §27-1901 et seq. outlines the regulatory framework for charitable gaming. A key aspect of this framework is the requirement for organizations to obtain licenses and adhere to rules concerning the types of games permitted, the frequency of such games, and the allocation of proceeds. Specifically, Idaho law dictates that net proceeds from charitable gaming must be used for the charitable purpose for which the organization is organized. Unauthorized diversion of these funds constitutes a violation of the law. In this scenario, the organization’s stated purpose is to fund local youth sports programs. The use of net proceeds to purchase new equipment for the organization’s administrative offices, rather than directly supporting the youth sports programs, represents a deviation from the statutorily defined use of charitable gaming funds. This action would likely be considered a misuse of funds under Idaho gaming regulations, potentially leading to license revocation or other penalties. The question tests the understanding of how net proceeds from licensed charitable gaming must be applied according to Idaho law, emphasizing the direct link between the gaming activity and the stated charitable mission.
Incorrect
The Idaho Legislature, through its enactments, has established specific parameters for charitable gaming activities. Idaho Code §27-1901 et seq. outlines the regulatory framework for charitable gaming. A key aspect of this framework is the requirement for organizations to obtain licenses and adhere to rules concerning the types of games permitted, the frequency of such games, and the allocation of proceeds. Specifically, Idaho law dictates that net proceeds from charitable gaming must be used for the charitable purpose for which the organization is organized. Unauthorized diversion of these funds constitutes a violation of the law. In this scenario, the organization’s stated purpose is to fund local youth sports programs. The use of net proceeds to purchase new equipment for the organization’s administrative offices, rather than directly supporting the youth sports programs, represents a deviation from the statutorily defined use of charitable gaming funds. This action would likely be considered a misuse of funds under Idaho gaming regulations, potentially leading to license revocation or other penalties. The question tests the understanding of how net proceeds from licensed charitable gaming must be applied according to Idaho law, emphasizing the direct link between the gaming activity and the stated charitable mission.
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Question 20 of 30
20. Question
A non-profit organization in Boise, Idaho, dedicated to supporting local animal shelters, conducted a series of bingo events throughout the fiscal year. Upon review of their financial records, it was determined that the total gross receipts from all bingo events amounted to \$50,000. Of this amount, \$30,000 was directly allocated to funding shelter operations and animal care, while the remaining \$20,000 was used for administrative costs, event promotion, and volunteer appreciation. Under Idaho gaming law, what is the primary legal deficiency in the organization’s conduct of these charitable gaming activities?
Correct
The Idaho Legislature, through Title 23, Chapter 5 of the Idaho Code, specifically addresses charitable gaming. Idaho Code § 23-502 outlines the permissible types of charitable gaming, which include raffles, bingo, and certain card games, all conducted by qualified charitable organizations. Idaho Code § 23-503 details the licensing requirements for these organizations, emphasizing their need to be registered with the Idaho Secretary of State and to operate for a charitable purpose as defined by state law. The law also imposes strict limitations on the frequency and gross receipts of these games, as well as the allocation of proceeds, with a significant portion mandated for charitable purposes. Specifically, Idaho Code § 23-505 dictates that at least 75% of the gross receipts from any charitable gaming event must be used for the charitable purposes of the organization. This ensures that the primary intent of allowing such games is indeed to benefit the public through charitable endeavors, rather than to generate profit for individuals or the organization itself beyond what is necessary for its charitable mission. Therefore, an organization that conducts bingo games and uses only 60% of its gross receipts for charitable purposes, with the remaining 40% being retained for operational expenses not directly tied to the charitable mission as defined by the statute, would be in violation of the 75% minimum requirement.
Incorrect
The Idaho Legislature, through Title 23, Chapter 5 of the Idaho Code, specifically addresses charitable gaming. Idaho Code § 23-502 outlines the permissible types of charitable gaming, which include raffles, bingo, and certain card games, all conducted by qualified charitable organizations. Idaho Code § 23-503 details the licensing requirements for these organizations, emphasizing their need to be registered with the Idaho Secretary of State and to operate for a charitable purpose as defined by state law. The law also imposes strict limitations on the frequency and gross receipts of these games, as well as the allocation of proceeds, with a significant portion mandated for charitable purposes. Specifically, Idaho Code § 23-505 dictates that at least 75% of the gross receipts from any charitable gaming event must be used for the charitable purposes of the organization. This ensures that the primary intent of allowing such games is indeed to benefit the public through charitable endeavors, rather than to generate profit for individuals or the organization itself beyond what is necessary for its charitable mission. Therefore, an organization that conducts bingo games and uses only 60% of its gross receipts for charitable purposes, with the remaining 40% being retained for operational expenses not directly tied to the charitable mission as defined by the statute, would be in violation of the 75% minimum requirement.
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Question 21 of 30
21. Question
Consider a private establishment in Boise, Idaho, that hosts a weekly event advertised as a “lucky draw” night. Patrons are required to pay a \( \$5 \) entry fee to participate. During the event, names are drawn from a drum, and the individuals whose names are selected receive cash prizes. The establishment owner claims this is merely a promotional giveaway, not gambling. Under Idaho gaming law, what is the most accurate classification of this activity?
Correct
Idaho law, specifically Idaho Code Title 23, Chapter 5, governs alcoholic beverage control, which intersects with certain gaming activities. While Idaho does not permit casino-style gaming, it does allow for social card games and specific types of raffles and bingo under certain conditions. The Idaho State Police, Alcohol Beverage Control (ABC) division, is responsible for enforcing these regulations. A key aspect of Idaho’s approach is the distinction between games of chance and games of skill, and the prohibition of using alcohol as a prize in games of chance. Furthermore, any gaming activity that involves a direct financial stake where the outcome is predominantly determined by chance, and where there is a reasonable expectation of profit, would generally fall outside the permissible activities under Idaho law and could be construed as illegal gambling. The question probes the understanding of what constitutes an illegal gaming operation in Idaho, considering the state’s specific regulatory framework. The scenario describes an operation where patrons pay an entry fee, and the outcome is determined by a lottery-style draw, with cash prizes. This structure, involving a fee for participation and prizes awarded based on chance, directly aligns with the definition of illegal gambling under Idaho Code § 23-561, which prohibits lotteries and games of chance for money or property. Therefore, the operation described is an unlawful lottery.
Incorrect
Idaho law, specifically Idaho Code Title 23, Chapter 5, governs alcoholic beverage control, which intersects with certain gaming activities. While Idaho does not permit casino-style gaming, it does allow for social card games and specific types of raffles and bingo under certain conditions. The Idaho State Police, Alcohol Beverage Control (ABC) division, is responsible for enforcing these regulations. A key aspect of Idaho’s approach is the distinction between games of chance and games of skill, and the prohibition of using alcohol as a prize in games of chance. Furthermore, any gaming activity that involves a direct financial stake where the outcome is predominantly determined by chance, and where there is a reasonable expectation of profit, would generally fall outside the permissible activities under Idaho law and could be construed as illegal gambling. The question probes the understanding of what constitutes an illegal gaming operation in Idaho, considering the state’s specific regulatory framework. The scenario describes an operation where patrons pay an entry fee, and the outcome is determined by a lottery-style draw, with cash prizes. This structure, involving a fee for participation and prizes awarded based on chance, directly aligns with the definition of illegal gambling under Idaho Code § 23-561, which prohibits lotteries and games of chance for money or property. Therefore, the operation described is an unlawful lottery.
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Question 22 of 30
22. Question
A proprietor operating a licensed establishment for the sale of alcoholic beverages within the state of Idaho, and holding a valid Class H liquor license, wishes to introduce a weekly “spin the wheel” game during happy hour. Participants pay a small fee to spin a wheel with various prize segments, some of which involve cash payouts and others discounts on drinks. What is the primary legal impediment under Idaho law for this proprietor to legally operate such a game?
Correct
Idaho law, specifically Idaho Code Title 23, Chapter 5, governs alcoholic beverage control and licensing. Within this framework, the regulation of gaming activities, particularly those involving alcohol service, falls under the purview of the Idaho State Police, Alcohol Beverage Control (ABC) Bureau. While the Idaho Lottery Commission oversees state-sanctioned lottery games, and tribal gaming compacts address casino-style gaming on reservation lands, the question pertains to the broader regulatory environment for establishments serving alcohol that might engage in certain forms of gaming or contests. Idaho Code § 23-522 prohibits the possession or use of any device designed or intended for use in playing games of chance or for the purpose of betting or wagering for money or anything of value, unless specifically authorized by law. This prohibition is comprehensive and applies to any establishment licensed to sell alcoholic beverages. Therefore, a bar holding a liquor license in Idaho cannot, without specific authorization outside of the general liquor licensing, permit or operate games of chance on its premises, even if those games are not explicitly listed as prohibited gambling under other sections of Idaho Code. The core principle is that a liquor license does not grant a license to operate gaming activities. Any such activity would require separate, specific licensing and authorization, which is not a standard provision for general alcoholic beverage licensees. The Idaho State Police ABC Bureau is the primary agency responsible for enforcing liquor laws and ensuring compliance with regulations pertaining to the conduct of business by alcoholic beverage licensees.
Incorrect
Idaho law, specifically Idaho Code Title 23, Chapter 5, governs alcoholic beverage control and licensing. Within this framework, the regulation of gaming activities, particularly those involving alcohol service, falls under the purview of the Idaho State Police, Alcohol Beverage Control (ABC) Bureau. While the Idaho Lottery Commission oversees state-sanctioned lottery games, and tribal gaming compacts address casino-style gaming on reservation lands, the question pertains to the broader regulatory environment for establishments serving alcohol that might engage in certain forms of gaming or contests. Idaho Code § 23-522 prohibits the possession or use of any device designed or intended for use in playing games of chance or for the purpose of betting or wagering for money or anything of value, unless specifically authorized by law. This prohibition is comprehensive and applies to any establishment licensed to sell alcoholic beverages. Therefore, a bar holding a liquor license in Idaho cannot, without specific authorization outside of the general liquor licensing, permit or operate games of chance on its premises, even if those games are not explicitly listed as prohibited gambling under other sections of Idaho Code. The core principle is that a liquor license does not grant a license to operate gaming activities. Any such activity would require separate, specific licensing and authorization, which is not a standard provision for general alcoholic beverage licensees. The Idaho State Police ABC Bureau is the primary agency responsible for enforcing liquor laws and ensuring compliance with regulations pertaining to the conduct of business by alcoholic beverage licensees.
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Question 23 of 30
23. Question
Consider a licensed establishment in Boise, Idaho, primarily operating as a restaurant and bar. The owner wishes to host weekly poker tournaments, with a buy-in fee, where the house takes a small percentage of the total pot as a “rake.” Additionally, they want to offer pull-tabs, with proceeds designated for a local veterans’ support organization. Which of the following scenarios best reflects compliance with Idaho gaming law for a liquor licensee?
Correct
The Idaho Code, specifically Title 23, Chapter 5, addresses alcoholic beverage control and includes provisions relevant to gaming activities conducted in conjunction with licensed establishments. Idaho law permits certain types of gaming, such as bingo, raffles, and pull-tabs, under specific conditions and licensing requirements. These activities are generally regulated by the Idaho State Police, Alcohol Beverage Control division, or other designated state agencies depending on the nature of the gaming. The core principle is that such gaming must be incidental to the primary business of the licensee, which is typically the sale of alcoholic beverages, and must not be the primary purpose of the establishment. Furthermore, the net proceeds from charitable gaming events must be used for charitable purposes, as defined by Idaho statute. The regulation aims to prevent illegal gambling, ensure fairness, and maintain the integrity of licensed liquor establishments. Therefore, a holder of an Idaho liquor license seeking to conduct gaming must adhere to the specific statutes and administrative rules governing both liquor sales and gaming activities, ensuring compliance with licensing, operational parameters, and the disposition of proceeds. The prohibition against operating a gaming establishment as the primary business of a liquor licensee is a critical distinction.
Incorrect
The Idaho Code, specifically Title 23, Chapter 5, addresses alcoholic beverage control and includes provisions relevant to gaming activities conducted in conjunction with licensed establishments. Idaho law permits certain types of gaming, such as bingo, raffles, and pull-tabs, under specific conditions and licensing requirements. These activities are generally regulated by the Idaho State Police, Alcohol Beverage Control division, or other designated state agencies depending on the nature of the gaming. The core principle is that such gaming must be incidental to the primary business of the licensee, which is typically the sale of alcoholic beverages, and must not be the primary purpose of the establishment. Furthermore, the net proceeds from charitable gaming events must be used for charitable purposes, as defined by Idaho statute. The regulation aims to prevent illegal gambling, ensure fairness, and maintain the integrity of licensed liquor establishments. Therefore, a holder of an Idaho liquor license seeking to conduct gaming must adhere to the specific statutes and administrative rules governing both liquor sales and gaming activities, ensuring compliance with licensing, operational parameters, and the disposition of proceeds. The prohibition against operating a gaming establishment as the primary business of a liquor licensee is a critical distinction.
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Question 24 of 30
24. Question
Consider a scenario in Boise, Idaho, where a private club intends to operate a weekly Texas Hold’em tournament, with entry fees and prize pools, alongside its regular bar service. Which of the following regulatory bodies and legal frameworks would be most directly and primarily concerned with the legality and oversight of the club’s alcohol sales in conjunction with these gaming activities?
Correct
The Idaho Legislature, through Title 23 of the Idaho Code, specifically addresses the regulation of alcoholic beverages, which includes provisions relevant to gaming establishments that may serve alcohol. While Idaho does not have broad commercial casino gaming like some other states, it does permit certain forms of gambling, such as pari-mutuel wagering on horse racing and limited charitable gaming. The Idaho State Liquor Division, operating under Title 23, is responsible for licensing and regulating the sale and distribution of alcoholic beverages. This includes ensuring that establishments holding liquor licenses also adhere to any applicable gaming regulations. The core principle is that any entity engaging in the sale of alcohol in Idaho must comply with both liquor control laws and any specific gaming statutes. Therefore, a business operating a bar that also hosts authorized charitable bingo games must possess a valid liquor license issued by the Idaho State Liquor Division and must also adhere to the specific requirements for charitable gaming, which might include registration with a state agency or adherence to payout limitations. The question probes the foundational requirement for any business in Idaho that wishes to combine alcohol sales with authorized gaming activities, which is compliance with the state’s liquor licensing framework. The Idaho State Liquor Division’s purview over alcohol sales is the primary regulatory gateway for such dual-purpose establishments.
Incorrect
The Idaho Legislature, through Title 23 of the Idaho Code, specifically addresses the regulation of alcoholic beverages, which includes provisions relevant to gaming establishments that may serve alcohol. While Idaho does not have broad commercial casino gaming like some other states, it does permit certain forms of gambling, such as pari-mutuel wagering on horse racing and limited charitable gaming. The Idaho State Liquor Division, operating under Title 23, is responsible for licensing and regulating the sale and distribution of alcoholic beverages. This includes ensuring that establishments holding liquor licenses also adhere to any applicable gaming regulations. The core principle is that any entity engaging in the sale of alcohol in Idaho must comply with both liquor control laws and any specific gaming statutes. Therefore, a business operating a bar that also hosts authorized charitable bingo games must possess a valid liquor license issued by the Idaho State Liquor Division and must also adhere to the specific requirements for charitable gaming, which might include registration with a state agency or adherence to payout limitations. The question probes the foundational requirement for any business in Idaho that wishes to combine alcohol sales with authorized gaming activities, which is compliance with the state’s liquor licensing framework. The Idaho State Liquor Division’s purview over alcohol sales is the primary regulatory gateway for such dual-purpose establishments.
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Question 25 of 30
25. Question
A non-profit organization based in Boise, Idaho, known as “Idaho Cares,” aims to raise funds for local animal shelters. They plan to host an event featuring a silent auction, a raffle with donated prizes, and a “lucky draw” where attendees purchase tickets for a chance to win a grand prize, which is a vacation package. The organization has a registered 501(c)(3) status. Which of the following gaming activities, as described, would require specific authorization under Idaho’s charitable gaming statutes for “Idaho Cares” to legally conduct?
Correct
The Idaho Gaming Law, specifically under Title 23 of the Idaho Code, governs various forms of gambling. When considering the regulation of charitable gaming, a key distinction lies in the types of activities permitted and the licensing requirements. Idaho Code Section 23-502 outlines the types of games that can be conducted for charitable purposes, including raffles, bazaars, and specific card games like poker and blackjack, subject to certain limitations. The law also mandates that proceeds from such events must be used for charitable, religious, or educational purposes as defined within the statute. Furthermore, the Idaho Legislature has established specific requirements for obtaining a license to conduct charitable gaming, which involves an application process to the Idaho State Police. This process ensures that only legitimate charitable organizations can operate these games and that the funds raised are used appropriately, as stipulated by law. Understanding the scope of permitted games and the regulatory oversight is crucial for compliance. The Idaho Legislature has provided a framework that differentiates between commercial gambling and gaming conducted for the benefit of qualified charitable entities, with strict guidelines to prevent misuse of gaming activities.
Incorrect
The Idaho Gaming Law, specifically under Title 23 of the Idaho Code, governs various forms of gambling. When considering the regulation of charitable gaming, a key distinction lies in the types of activities permitted and the licensing requirements. Idaho Code Section 23-502 outlines the types of games that can be conducted for charitable purposes, including raffles, bazaars, and specific card games like poker and blackjack, subject to certain limitations. The law also mandates that proceeds from such events must be used for charitable, religious, or educational purposes as defined within the statute. Furthermore, the Idaho Legislature has established specific requirements for obtaining a license to conduct charitable gaming, which involves an application process to the Idaho State Police. This process ensures that only legitimate charitable organizations can operate these games and that the funds raised are used appropriately, as stipulated by law. Understanding the scope of permitted games and the regulatory oversight is crucial for compliance. The Idaho Legislature has provided a framework that differentiates between commercial gambling and gaming conducted for the benefit of qualified charitable entities, with strict guidelines to prevent misuse of gaming activities.
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Question 26 of 30
26. Question
Consider a private social club in Boise, Idaho, which operates a weekly event featuring a “lucky draw” where members pay a nominal fee to enter a drawing for a substantial cash prize. The club is not a registered charitable organization, nor does it hold any state-issued gaming license. Based on Idaho’s regulatory framework for gaming, what is the most accurate classification of this club’s activity?
Correct
The Idaho Gaming Law prohibits certain types of gaming activities, including those that are not specifically authorized by statute or administrative rule. Idaho Code § 23-501 defines what constitutes gaming and sets forth the general prohibition against unauthorized gaming. Specifically, Idaho Code § 23-502 outlines the types of gaming that are permitted, such as certain charitable raffles and bingo games, and the conditions under which they may be conducted. The question probes the understanding of what constitutes an illegal gaming operation in Idaho when it involves a private establishment offering a game of chance for prizes, without any specific statutory authorization or licensing. Since the scenario describes a private establishment, not a licensed charitable organization or a state-sanctioned lottery, and involves a game of chance with prizes, it falls outside the scope of permitted gaming activities in Idaho. Therefore, such an operation would be considered an illegal gaming enterprise under Idaho law.
Incorrect
The Idaho Gaming Law prohibits certain types of gaming activities, including those that are not specifically authorized by statute or administrative rule. Idaho Code § 23-501 defines what constitutes gaming and sets forth the general prohibition against unauthorized gaming. Specifically, Idaho Code § 23-502 outlines the types of gaming that are permitted, such as certain charitable raffles and bingo games, and the conditions under which they may be conducted. The question probes the understanding of what constitutes an illegal gaming operation in Idaho when it involves a private establishment offering a game of chance for prizes, without any specific statutory authorization or licensing. Since the scenario describes a private establishment, not a licensed charitable organization or a state-sanctioned lottery, and involves a game of chance with prizes, it falls outside the scope of permitted gaming activities in Idaho. Therefore, such an operation would be considered an illegal gaming enterprise under Idaho law.
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Question 27 of 30
27. Question
Consider a scenario where a federally recognized Native American tribe in Idaho enters into a gaming compact with the State of Idaho, authorizing Class III gaming. An individual, Mr. Silas Croft, is hired as the Director of Operations for the tribal casino. Under the terms of the compact and federal Indian Gaming Regulatory Act (IGRA), Mr. Croft’s position is classified as a primary management official. Which state entity in Idaho is primarily responsible for conducting the background investigation and issuing a gaming license to Mr. Croft for his role in the tribal casino operations, in accordance with the state’s regulatory framework and the terms of the compact?
Correct
The Idaho Gaming Law, specifically concerning tribal gaming compacts and regulatory oversight, establishes specific requirements for the types of gaming permitted and the licensing of key individuals and entities involved in operating these games. Idaho Code Section 23-500 et seq. governs charitable gaming, while tribal gaming is primarily governed by federal law (the Indian Gaming Regulatory Act of 1988) and subsequent state compacts negotiated under that framework. A critical aspect of these compacts and state regulations is the definition of “key employees” and “primary management officials” who are subject to background checks and licensing by the Idaho State Police or a designated tribal gaming agency. This licensing process ensures the integrity of gaming operations. Idaho Code Section 23-500(13) defines “charitable gaming” and outlines permissible activities. However, when considering tribal gaming, the compacts themselves, approved by the Secretary of the Interior, detail the specific games allowed (e.g., Class III gaming like slot machines, if permitted by compact) and the licensing requirements for individuals involved in management and operation. The question probes the distinction between state-regulated charitable gaming and federally regulated tribal gaming, and the jurisdictional authority over licensing. The Idaho State Police, through its Gaming Investigations Unit, is the primary state agency responsible for enforcing gaming laws, including licensing individuals associated with both charitable and, as stipulated by compacts, tribal gaming operations. Therefore, any individual involved in the management or operation of a tribal gaming facility in Idaho, if deemed a key employee or primary management official under the compact and federal law, would require licensing from the Idaho State Police, aligning with the state’s interest in maintaining the integrity of gaming within its borders, even if the ultimate authority for tribal gaming rests with federal law and tribal governments.
Incorrect
The Idaho Gaming Law, specifically concerning tribal gaming compacts and regulatory oversight, establishes specific requirements for the types of gaming permitted and the licensing of key individuals and entities involved in operating these games. Idaho Code Section 23-500 et seq. governs charitable gaming, while tribal gaming is primarily governed by federal law (the Indian Gaming Regulatory Act of 1988) and subsequent state compacts negotiated under that framework. A critical aspect of these compacts and state regulations is the definition of “key employees” and “primary management officials” who are subject to background checks and licensing by the Idaho State Police or a designated tribal gaming agency. This licensing process ensures the integrity of gaming operations. Idaho Code Section 23-500(13) defines “charitable gaming” and outlines permissible activities. However, when considering tribal gaming, the compacts themselves, approved by the Secretary of the Interior, detail the specific games allowed (e.g., Class III gaming like slot machines, if permitted by compact) and the licensing requirements for individuals involved in management and operation. The question probes the distinction between state-regulated charitable gaming and federally regulated tribal gaming, and the jurisdictional authority over licensing. The Idaho State Police, through its Gaming Investigations Unit, is the primary state agency responsible for enforcing gaming laws, including licensing individuals associated with both charitable and, as stipulated by compacts, tribal gaming operations. Therefore, any individual involved in the management or operation of a tribal gaming facility in Idaho, if deemed a key employee or primary management official under the compact and federal law, would require licensing from the Idaho State Police, aligning with the state’s interest in maintaining the integrity of gaming within its borders, even if the ultimate authority for tribal gaming rests with federal law and tribal governments.
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Question 28 of 30
28. Question
An entrepreneur plans to open a new establishment in Boise, Idaho, that will feature video lottery terminals, a form of gaming permitted under specific Idaho statutes, and will also serve alcoholic beverages. Before commencing operations, the entrepreneur must secure the necessary permits and licenses. Considering the regulatory landscape in Idaho, which state agency is primarily responsible for issuing the fundamental license required to legally sell and serve alcoholic beverages at this establishment?
Correct
The Idaho Legislature, through Title 23, Chapter 1 of the Idaho Code, governs alcoholic beverage control, which includes provisions for the operation of establishments that may also feature gaming activities. Specifically, Idaho Code Section 23-102 defines “liquor” and establishes the framework for its sale and distribution. While gaming itself is regulated separately, the licensing and operational requirements for establishments that serve alcohol and also engage in lawful gaming activities are intertwined. The question probes the understanding of which regulatory body holds primary authority over the issuance of licenses for establishments that serve alcohol in Idaho, irrespective of whether they also conduct gaming. The Idaho State Liquor Division, established under Title 23, Chapter 1, is the sole state agency responsible for the licensing and regulation of all alcoholic beverage sales and service within Idaho. This includes ensuring compliance with all statutes and rules pertaining to the sale, distribution, and consumption of alcoholic beverages, and it is a prerequisite for any establishment wishing to operate in this capacity. Other agencies, such as the Idaho State Police or the Gaming Commission, have oversight in their respective domains, but the fundamental license to serve alcohol emanates from the Liquor Division. Therefore, the Idaho State Liquor Division is the correct answer.
Incorrect
The Idaho Legislature, through Title 23, Chapter 1 of the Idaho Code, governs alcoholic beverage control, which includes provisions for the operation of establishments that may also feature gaming activities. Specifically, Idaho Code Section 23-102 defines “liquor” and establishes the framework for its sale and distribution. While gaming itself is regulated separately, the licensing and operational requirements for establishments that serve alcohol and also engage in lawful gaming activities are intertwined. The question probes the understanding of which regulatory body holds primary authority over the issuance of licenses for establishments that serve alcohol in Idaho, irrespective of whether they also conduct gaming. The Idaho State Liquor Division, established under Title 23, Chapter 1, is the sole state agency responsible for the licensing and regulation of all alcoholic beverage sales and service within Idaho. This includes ensuring compliance with all statutes and rules pertaining to the sale, distribution, and consumption of alcoholic beverages, and it is a prerequisite for any establishment wishing to operate in this capacity. Other agencies, such as the Idaho State Police or the Gaming Commission, have oversight in their respective domains, but the fundamental license to serve alcohol emanates from the Liquor Division. Therefore, the Idaho State Liquor Division is the correct answer.
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Question 29 of 30
29. Question
Consider a scenario in Boise, Idaho, where a licensed gaming establishment also serves alcoholic beverages. If a patron appears visibly intoxicated but continues to be served drinks while engaging in slot machine play, which state agency holds the primary regulatory authority to investigate and potentially sanction the establishment for violations related to alcohol service?
Correct
Idaho law, specifically Title 23, Chapter 2 of the Idaho Code, governs alcoholic beverage control, which includes provisions relevant to gaming establishments. While the primary focus of gaming law in Idaho pertains to the licensing and regulation of casino-style games, pari-mutuel wagering, and charitable gaming, the interplay with alcohol service is crucial. Idaho Code §23-201 prohibits the sale of alcoholic beverages to intoxicated persons. Furthermore, Idaho Code §23-505 mandates that any establishment holding a liquor license must adhere to specific operational standards, which indirectly impacts the environment in which gaming activities might occur. The Idaho State Police, Alcohol Beverage Control (ISP-ABC) division is responsible for enforcing these regulations. The question assesses the understanding of which regulatory body is primarily responsible for the oversight of alcohol sales in establishments that might also offer gaming, a common nexus in the hospitality industry. The Idaho State Police, Alcohol Beverage Control is the designated agency for this enforcement, ensuring compliance with regulations designed to prevent over-service and maintain public safety.
Incorrect
Idaho law, specifically Title 23, Chapter 2 of the Idaho Code, governs alcoholic beverage control, which includes provisions relevant to gaming establishments. While the primary focus of gaming law in Idaho pertains to the licensing and regulation of casino-style games, pari-mutuel wagering, and charitable gaming, the interplay with alcohol service is crucial. Idaho Code §23-201 prohibits the sale of alcoholic beverages to intoxicated persons. Furthermore, Idaho Code §23-505 mandates that any establishment holding a liquor license must adhere to specific operational standards, which indirectly impacts the environment in which gaming activities might occur. The Idaho State Police, Alcohol Beverage Control (ISP-ABC) division is responsible for enforcing these regulations. The question assesses the understanding of which regulatory body is primarily responsible for the oversight of alcohol sales in establishments that might also offer gaming, a common nexus in the hospitality industry. The Idaho State Police, Alcohol Beverage Control is the designated agency for this enforcement, ensuring compliance with regulations designed to prevent over-service and maintain public safety.
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Question 30 of 30
30. Question
In Idaho, which specific legislative enactment fundamentally defines and regulates the operational framework, eligibility criteria for organizations, and permissible game types for charitable gaming activities conducted within the state?
Correct
The Idaho Legislature, through Title 23, Chapter 5 of the Idaho Code, governs charitable gaming. Specifically, Idaho Code § 23-504 outlines the requirements for obtaining a license to conduct charitable gaming. This section details the application process, the types of organizations eligible, and the limitations on the games that can be offered. Eligibility is generally restricted to bona fide charitable organizations, fraternal organizations, and veterans’ organizations that have been in existence for a specified period and have a defined purpose. The law emphasizes that the proceeds from charitable gaming must be used for the organization’s charitable purposes. The question tests the understanding of which specific legislative act within Idaho Code establishes the framework for charitable gaming operations.
Incorrect
The Idaho Legislature, through Title 23, Chapter 5 of the Idaho Code, governs charitable gaming. Specifically, Idaho Code § 23-504 outlines the requirements for obtaining a license to conduct charitable gaming. This section details the application process, the types of organizations eligible, and the limitations on the games that can be offered. Eligibility is generally restricted to bona fide charitable organizations, fraternal organizations, and veterans’ organizations that have been in existence for a specified period and have a defined purpose. The law emphasizes that the proceeds from charitable gaming must be used for the organization’s charitable purposes. The question tests the understanding of which specific legislative act within Idaho Code establishes the framework for charitable gaming operations.