Title 9 Part 4814

Application for a license as an authorized commercial lessor shall be made on form BC-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.

Each application shall be accompanied by a bingo rental statement on form BC-102, as prescribed by the commission.

Where the applicant is an individual, the application shall be accompanied by an individual statement on form BC-103, as prescribed by the commission. Where the applicant is a partnership, association, joint venture or any business entity other than a corporation, the application shall be accompanied by a business entity statement on form BC-104, as prescribed by the commission. Each person named in form BC-104 shall file an individual statement on form BC-103.

If the applicant is a corporation, the application shall be accompanied by a corporation statement on form BC-105, as prescribed by the commission. Each stockholder shall file an individual statement on form BC-103. The application shall also be accompanied by a list of employees, agents or representatives on form BC-108.

No license as an authorized commercial lessor shall be granted:

The commission and the licensing authority of the municipality where the premises are located may hold hearings at which the applicant, or if the applicant is a corporation, its officers, directors and stockholders, shall appear and testify under oath respecting the contents of the application.

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 commercial lessor upon payment by the applicant of a license fee to be determined in accordance with the schedule contained in section 481 of the Bingo Licensing Law.

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.

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

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

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

No applicant for a license as an authorized commercial lessor shall rent, or allow the use of, the premises for which a license is sought, for the conduct of bingo. This section shall not apply to an applicant for the annual renewal of a commercial lessor's license.

Licenses for authorized commercial lessors shall be issued on form BC-109 as prescribed by the commission.

Upon receipt of a copy of an application for a license as an authorized commercial lessor, the commission shall determine the tentative maximum rental for the premises concerned and advise both the applicant and the licensing authority of such determination. The applicant shall be afforded a reasonable time within which to protest the tentative maximum rental by specifying the objections thereto and the grounds for such objections. In the absence of any such protest, the tentative maximum rental shall, without further notice, be deemed to be the final determination of the commission. The rental schedule is based upon a review of the bingo rental statement (form BC-102) and is determined on the basis of a 50-week year. The commission, in determining rental fees to be fair and reasonable, considers actual or estimated operating expenses and other income:

The applicant must report all other income derived from the use of the premises. Such other income includes, but is not limited to:

At the end of the license period, a recapitulation shall be made as between the licensee and the licensing authority with respect to the gross rental received during the license period and the license fee previously paid. Any deficiency of fee thereby established to be due shall be paid by the licensee and, should said licensee apply for a license for a subsequent year, and in that event only, shall any excess of fee be credited to said applicant.

No person, firm or corporation shall be eligible to receive or be issued a license as a commercial lessor if such person, firm, corporation, or officer, employee or stockholder thereof, or a person married or related in the first degree to such person, officer, employee or stockholder shall have any interest, direct or indirect, in another commercial bingo hall. The interest prohibited shall include, but not be limited to, the interest of the owner of the fee or sublessor of any premises that is to be used for the conduct of bingo, the interest of the owner or operator of the food and refreshments concession, or the interest of any person conducting any business activity in conjunction with the conduct of bingo.

No principal, employee or any other person having any interest in the food and refreshments concession of a licensed commercial lessor shall serve in any capacity on behalf of the licensed commercial lessor or have any proprietary interest in the licensed commercial lessor. These limitations do not apply where the food and refreshments facility is wholly owned and operated by the licensed commercial lessor.