Did Tangipahoa's vote against video poker also ban electronic video bingo, and could a town ban only video bingo?

Plain-English summary

Tangipahoa Parish voters rejected video draw poker devices in a 1996 referendum. A legislator asked whether that vote also prohibited electronic video bingo and whether a municipality could ban video bingo without banning live bingo. In 2005, the Attorney General answered no to the first question and yes to the second. The referendum concerned video draw poker, while electronic video bingo fell under the separate charitable-gaming law. The opinion said the parish vote did not prohibit licensed electronic video bingo conducted in compliance with applicable law and regulations.

The AG also concluded that local governments retained the ability to choose which forms of charitable gaming to allow. Act 373 added electronic video bingo to the term "bingo" in La. R.S. 4:706 and enacted La. R.S. 4:724(I), which expressly preserved local authority to restrict or prohibit electronic video bingo. The opinion therefore allowed a municipality to prohibit the electronic format while permitting live bingo.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did Tangipahoa's 1996 "no" vote on video poker ban electronic video bingo too?

No. The 1996 referendum rejected video draw poker in Tangipahoa Parish. The AG concluded that the vote, together with La. R.S. 18:1300.22's rule for future gaming referendums, did not bar electronic video bingo conducted under the separate charitable-gaming law.

Was electronic video bingo automatically allowed everywhere in the parish?

The opinion did not say that. It conditioned operation on applicable law and regulation, and it recognized local governments' authority to restrict or prohibit electronic video bingo.

Could a municipality permit paper or live bingo while banning video bingo?

Yes. The AG read the 2005 amendments as preserving local choice among charitable-gaming forms and specifically allowing local restriction of electronic video bingo.

Why was electronic video bingo treated differently from video draw poker?

The opinion placed video draw poker under the separate video poker control law and the 1996 referendum. It identified electronic video bingo as a form of licensed charitable gaming under La. R.S. 4:724, which the constitutional provision it quoted excepted from the referendum restriction when conducted lawfully.

Background and statutory framework

The 1996 Proposition C asked voters whether "video draw poker devices" should be permitted. Tangipahoa voted no. The AG cited La. R.S. 18:1300.22 and the charitable-gaming provisions to separate that result from electronic bingo. La. R.S. 4:706 gave parish and municipal governing authorities a decision on charitable raffles, bingo, and keno. Act 373 of 2005 added electronic video bingo to the word "bingo" and added La. R.S. 4:724(I), preserving local power to restrict the electronic form. The AG read those provisions together rather than treating the earlier video poker vote as a blanket ban on all screen-based games.

Citations

• La. R.S. 18:1300.22 (referendum election requirement discussed for gaming).
• La. R.S. 4:706(A) (municipal decision whether to permit charitable gaming).
• La. R.S. 4:724(I) (local power to restrict or prohibit electronic video bingo).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0293

Original opinion text

October 6, 2005
OPINION 05-0293

15-A CONSTITUTIONAL LAW
48 GAMBLING – Lotteries, Bingo, Chance, Promotional Schemes

The referendum election results in Tangipahoa
Honorable Henry “Tank” Powell
Parish from November 5, 1996 do not operate in
conjunction with La. R.S. 18:1300.22 to prohibit the
Louisiana State Representative
operation of electronic video bingo devices conducted in
District 73
compliance with all applicable laws and regulatory
requirements, and further Act 2005, No. 373, § 1, does not
Post Office Box 1109
limit or prohibit a local governing authority from selecting
Ponchatoula, Louisiana 70454
which of the various forms of charitable gaming may be
conducted.

Dear Representative Powell,

This office is in receipt of your letter dated July 15, 2005, supplemented July 26, 2005, requesting an opinion regarding House Bill 564 of the 2005 Legislative Session which became Act 373, to become effective August 15, 2005.

Your first question, as I understand it, is whether the referendum election conducted November 5, 1996, in which a majority of the voters of Tangipahoa Parish voted “No” to permitting of video draw poker devices, operates to prohibit the conducting of electronic video bingo in the parish. Secondly you ask if a municipality were to prohibit “video bingo,” would such an action include “live bingo” (call bingo) in light of the language contained in Act 373.

The Video Draw Poker Devices Control Law, La. R.S. 27:301 et seq., was enacted by Act 1062 of the 1991 Regular Session of the Legislature, effective July 30, 1991, authorizing the licensing, regulation and operation of video draw poker devices.

Pursuant to La. R.S. 18:1300.21, on November 5, 1996, voters in each of the state’s 64 parishes voted on Proposition C: “Shall the operation of video draw poker devices be permitted? Yes ( ) No ( ).” The majority of voters in 33 parishes voted “No” to Proposition C.

In the 33 parishes voting not to permit the operation of video draw poker devices, including Tangipahoa Parish, in accordance with La. R.S. 18:1300.21(D), video draw poker device gaming was discontinued. However all existing video poker

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Honorable Henry “Tank” Powell
Opinion 05-0293
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licenses were allowed to be renewed twice after the election. No licenses to conduct video poker gaming have been renewed in those parishes after June 30, 1999, and as of this date, all video poker gaming activity has ceased in those parishes.

La. Const. art. XII §6(C)(1)(b), which became effective October 15, 1996, provides: b. No form of gaming, gambling, or wagering authorized by law on the effective date hereof shall be licensed or permitted to be conducted in a parish in which it was not heretofore being conducted, except licensed charitable gaming which may be conducted in any parish provided it is conducted in compliance with the law, pursuant to a state license or permit unless a referendum election on a proposition to allow such gaming, gambling, or wagering is held in the parish and the proposition is approved by a majority of those voting thereon.

Thus La. R.S. 18:1300.21 D. prohibits the operation of video draw poker devices in Tangipahoa Parish after June 30, 1999, and pursuant to La. Const. art. XII
§6(C)(1)(b), a local referendum would be required to permit video poker to be conducted in the parish in the future. Any election required by Article XII, Section 6(C) of the Constitution of Louisiana may be called only by an enactment of the legislature which specifically authorizes each such election. La. R.S. 18:1300.22.

It should be noted that La. R.S. 18:1300.21 only refers to “gaming activity” which means “with respect to what is authorized by law prior to May 9, 1996 in each parish, the operation of video draw poker devices, the conduct of gaming on a riverboat upon a designated river or waterway, or the conducting of land-based casino gaming operations at the official gaming establishment.”

Louisiana R.S. 18:1300.21 does not include “electronic video bingo,” which is authorized pursuant to another Title and Section of the Revised Statutes, specifically La. R.S. 4:724, under the “Charitable Raffles, Bingo and Keno Licensing Law” at La. R.S. 4:701 et. seq.

Further, La. Const. art. XII §6(C)(1)(b), specifically exempts “licensed charitable gaming which may be conducted in any parish provided it is conducted in compliance with the law.”

Accordingly it would appear that the referendum election results in Tangipahoa Parish from November 5, 1996, do not operate in conjunction with La. R.S. 18:1300.22 to prohibit the operation of electronic video bingo devices conducted in compliance with all applicable laws and regulatory requirements.

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Honorable Henry “Tank” Powell
Opinion 05-0293
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As to your second question, whether a municipality may prohibit “video bingo” without prohibiting “live bingo” or call bingo, the answer would appear to be in the affirmative.

Louisiana R.S. 4:706(A), (B) and (D) provide:
§ 706. Decision whether to permit raffles, bingo, and keno A. The governing authority of each such municipality shall decide whether charitable raffles, bingo, and keno as provided for in this Chapter shall be permitted within the limits of the municipality.

B. The governing authority of each parish shall decide whether charitable raffles, bingo, and keno as provided for in this Chapter shall be permitted within the parish.

D. For the purposes of and as used in this Section, the term “bingo” shall include “electronic video bingo”.

Subsection D was added by Act 373 of the 2005 Legislative Session.

“Bingo,” as used in the Charitable Raffles, Bingo and Keno Licensing Law, La. R.S. 4:701 et seq., is authorized and defined in La. R.S. 4:707 to be “the game of chance commonly known as bingo or keno played for prizes with cards bearing numbers or other designations, five or more in one line, the holder covering numbers, as objects, similarly numbered, are drawn from a receptacle, and the game being won by the person who first covers a previously designated arrangement of numbers on such a card.”

“Electronic video bingo” is authorized pursuant to the provisions of La. R.S. 4:724. Subsection A specifically provides: “Electronic or video machines, hereafter termed ‘electronic bingo machines’, for public playing of bingo may be made available at any location licensed under this Chapter for charitable bingo, provided that all requirements of this Chapter not in conflict with the provisions of this Section are met.” Louisiana R.S. 4:724(B)(5) provides: “A machine shall play the game of bingo as described in R.S. 4:707(A)(2), except that a random number generator in the machine shall replace the drawing of numbered objects from a receptacle, and may play "cover-all bingo" in which all numbers of the card must be covered.” Thus the statute allows for “bingo” to be conducted in two different manners, one with cards and one on a machine equipped with a random number generator.

Pursuant to La. R.S. 4:706(A) and (B), the decision as to whether to permit “bingo” rests with the local governing authority. Subsection D, by including “electronic video bingo” within the meaning of the term “bingo,” appears to allow the local governing authority to permit electronic video bingo without specific reference, since “electronic video bingo” was not included in the enumerated

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Honorable Henry “Tank” Powell
Opinion 05-0293
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forms of charitable gaming contained in La. R.S. 4:706. Subsection D would not appear to prohibit or limit a local government, parish or municipality from deciding which of all the forms of charitable gaming may be conducted within its territorial borders. But more importantly, Act 373 of 2005 also added La. R.S. 4:724(I) which provides: “Nothing in this Section shall be construed to restrict the authority of local governments to restrict or prohibit the conducting of electronic video bingo.”

It should be noted that Subsection I purports to be limited to Section 724; however reading La. R.S. 4:706(D) in conjunction with La. R.S. 4:724(I), clearly indicates the absence of any intention of the legislature to limit, restrict or prohibit local governments from deciding which forms of charitable gaming may be conducted in their respective jurisdictions.

Accordingly it is the opinion of this office that the referendum election results in Tangipahoa Parish from November 5, 1996 do not operate in conjunction with La. R.S. 18:1300.22 to prohibit the operation of electronic video bingo devices conducted in compliance with all applicable laws and regulatory requirements, and further that Act 2005, No. 373, § 1, does not limit or prohibit a local governing authority from selecting which of the various forms of charitable gaming may be conducted.

Hopefully this letter addresses your concerns. Please call if this office may be of further assistance.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: ______
Thomas A. Warner III
Assistant Attorney General

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Honorable Henry “Tank” Powell
Opinion 05-0293
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OPINION 05-0293

15-A CONSTITUTIONAL LAW
48 GAMBLING – Lotteries, Bingo, Chance, Promotional Schemes The referendum election results in Tangipahoa Parish from November 5, 1996 do not operate in conjunction with La. R.S. 18:1300.22 to prohibit the operation of electronic video bingo devices conducted in compliance with all applicable laws and regulatory requirements, and further Act 2005, No. 373, § 1, does not limit or prohibit a local governing authority from selecting which of the various forms of charitable gaming may be conducted.

Honorable Henry “Tank” Powell
Louisiana State Representative – District 73
Post Office Box 1109
Ponchatoula, Louisiana 70454

Date Received: ________
Date Released: October 6, 2005

Thomas A. Warner III
Assistant Attorney General