Title 9 Part 4606

Form for application.

Application for a license as an authorized games of chance lessor shall be made on form GC-101, as prescribed by the commission. The original application with supporting material as set forth in this Part shall be filed with the licensing authority of the municipality where the premises are located, and one copy with supporting material with the commission.

Games of chance rental statement.

Each application shall be accompanied by a games of chance rental statement on form GC-102, as prescribed by the commission.

Requisites for license.

No license as an authorized games of chance lessor shall be granted:

Issuance by clerk.

When the licensing authority of the municipality where the premises are located has determined that the applicant possesses the requisite qualifications to receive a license, the licensing authority shall issue a license to an applicant as an authorized games of chance lessor upon payment by the applicant of a license fee of $50 for each scheduled games of chance license period.

Disapproval procedure.

If the application is not approved, the licensing authority where the premises are located shall give due notice to the applicant, in writing, of a hearing to be held upon the qualifications of the applicant and the merits of the application.

Notification of commission.

The licensing authority of the municipality where the premises are located shall notify the commission of the final determination respecting each license application received.

Grounds for revocation or suspension.

Any license issued to an authorized games of chance lessor, pursuant to the Games of Chance Licensing Law, may be revoked or suspended for such period of time as the licensing authority or the commission deems to be in the public interest for any of the following acts or omissions on the part of the lessor, its agents or employees, or any person required by the Games of Chance Licensing Law or this Chapter to sign or be identified in an original application for a license:

Time during which license is effective.

A license as an authorized games of chance lessor shall be valid for a period not exceeding one year or until revoked or suspended by the licensing authority or by the commission.

Limitation upon applicant for games of chance lessor license.

No applicant for a license as an authorized games of chance lessor shall rent, or allow the use of, the premises for which a license is sought for the conduct of games of chance unless it be duly licensed. This section shall not apply to an applicant for the annual renewal of a games of chance lessor's license.

License form.

Licenses for authorized games of chance lessors shall be issued on form GC-109, as prescribed by the commission.

Interest in another games of chance premises prohibited.

No organization shall be eligible to receive or be issued a license as a games of chance lessor if such organization shall have any interest, direct or indirect, in other premises for which an authorized games of chance lessor's license has been issued.

Limitation on premises that may be made available for rent.

An authorized games of chance lessor must establish that the premises to be licensed for rental belong absolutely to the lessor and, where the lessor has conducted licensed games of chance, the premises to be leased are the same in which the lessor has conducted games of chance during the license year. No authorized games of chance lessor shall be licensed to lease any or all premises for more than 12 license periods during a calendar year, as set forth in General Municipal Law section 191(1)(b). Where an authorized organization leases premises on a full-time basis for purposes encompassing all of the customary and lawful activities of such organization, including but not limited to the conduct of games of chance, it shall be eligible for a games of chance lessor's license to lease said premises. Owners, net lessors, holding companies or parent groups which lease or make premises available to one or more authorized organizations on a full-time basis for purposes encompassing all of the customary and lawful activities of such organizations, including but not limited to the conduct of games of chance, are not required to be licensed as games of chance lessors.

Identification number required.

Every authorized organization desiring to apply for a license as a games of chance lessor shall have previously filed an application for an identification number on form 1A Application for Registration and Identification Number, as prescribed by the commission, and secured an identification number from the commission. The provisions of this section do not require an authorized organization that has received an identification number to conduct games of chance from the commission to obtain another identification number to become an authorized games of chance lessor.

Display of license.

A licensed authorized games of chance lessor must prominently display its license or any amendment thereof on the premises where games of chance are conducted.